Course Title: Analyse and interpret legal requirements for a transaction

Part B: Course Detail

Teaching Period: Term2 2016

Course Code: LAW5728C

Course Title: Analyse and interpret legal requirements for a transaction

School: 650T Vocational Business Education

Campus: City Campus

Program: C5337 - Diploma of Conveyancing

Course Contact: Robert Sheen

Course Contact Phone: +61 3 9925 5759

Course Contact Email: robert.sheen@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Joanne Mackay

9925 5540

joanne.mackay@rmit.edu.au

80.05.018

Nominal Hours: 50

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites

None

Course Description

This unit describes the skills and knowledge required to analyse and interpret legal requirements for a conveyancing transaction within a range of contexts and environments. It encompasses identifying and applying statutory interpretation techniques, identifying and tracking changes to relevant legislation and codes of conduct, and maintaining appropriate records.

It applies to individuals who use specialised knowledge and skills to research and evaluate complex information and compliance requirements, and apply that information to relevant tasks.  Work functions in the occupational areas where this unit may be used are subject to regulatory requirements. Refer to the relevant regulator for specific guidance on requirements.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

BSBCNV503 Analyse and interpret legal requirements for a transaction

Element:

1 Interpret legal principles and legislative requirements affecting conveyancing transactions

Performance Criteria:

1.1 Identify legal framework of conveyancing practice
1.2 Interpret components of statute law and their relationships with respect to their application to conveyancing practice
1.3 Access legislation and regulations relevant to the provision of conveyancing services
1.4 Identify and analyse relevant case law for legal principles

Element:

2 Interpret legislative requirements affecting conveyancing transactions

Performance Criteria:

2.1 Interpret and analyse the structure of legislation and regulations that relate to conveyancing transactions
2.2 Analyse common interpretation problems
2.3 Apply rules and techniques for interpreting legislation and regulations in conveyancing transactions

Element:

3 Track and interpret changes to legislation and regulations affecting agency operations

Performance Criteria:

3.1 Identify processes that lead to changes in legislation and regulations
3.2 Access source documents for amendment legislation relevant to the provision of conveyancing services
3.3 Establish a process and technique for tracking amendments to legislation and regulations
3.4 Interpret and address implications of changes to legislative and regulatory requirements in line with agency procedures
3.5 Communicate changes to legislative and regulatory requirements to appropriate people in line with agency policy and procedures

Element:

4 Comply with relevant codes of conduct

Performance Criteria:

4.1 Source and access codes of conduct
4.2 Interpret relationship between industry codes of conduct and legislative requirements
4.3 Apply key principles and responsibilities of codes of conduct to own work in line with industry practice
4.4 Ensure personal ethical behaviour complies with relevant codes of conduct

Element:

5 Maintain records of legislation and industry codes

Performance Criteria:

5.1 Identify practice processes and the personnel responsible for monitoring and communicating changes to legislation and industry codes of conduct
5.2 Maintain relevant records of legislation and codes of conduct

Learning Outcomes



Details of Learning Activities

 

 


Teaching Schedule

 

LAW5728C Analyse and Interpret Legal Requirements for the Transaction is co-delivered and co-assessed with BUSM7921C Identify and Conduct Searches

Week

Topic

Assessment

Week 1 – 5 Jul

Introduction – REVISION – course outline and discussion, Real estate industry overview

From week one, examine each class topic: cases, legislation, notes, complete exercises

Week 2 – 12 Jul

Real Estate Industry exercises

Standard contract documents and general conditions

 

Week 3 – 19 Jul

Cooling-off, Finance Clauses, Caveats

 

Week 4 – 26 Jul

Section 32 Vendor’s Statements requirements, Searches and certificates

 

Week 5 – 2 Aug

Contravention of Section 32 and consequences, Consumer legislation

Auction report and presentation instructions released for discussion

Week 6 – 9 Aug

               Deposits, Insurance

 

Week 7 – 16 Aug

In class open book case study test

25% Case study test

Week 8 – 23 Aug

Domestic Building legislation, Illegal structures, misdescription

Attend Auction if not already done

Mid Semester Break (Student Vacation) – Aug 29-Sept 2 (does not match school holidays)

Week 9 – 6 Sept

   AIC, Conveyancing software, PEXA,

ID Secure, current practitioner, Title Insurance presentations

Auction report consultation

Week 10 – 13 Sept

Terms contracts introduction

Adjustments

 

Week 11 – 20 Sept

PRESENTATIONS

Auction/research Presentations commence -25%

(Presentation in one of weeks 11-13)

Week 12 – 27 Sept

PRESENTATIONS

Presentations

Week 13 – 4 Oct

PRESENTATIONS

Presentations – report due

Week 14 – 11 Oct

Review breach of contract general conditions, revision

 

Week 15 – 18 Oct

Major test 50%

Major test 50%

Week 16 – 25 Oct

Resits, SC applications

Resits, SC applications

 

 

 

 

 

 

 

 

 


Learning Resources

Prescribed Texts


References


Other Resources

 

Students must keep abreast of more recent changes via the electronic notes, lecture outlines, prescribed readings, cases and articles, available on the HUB/ Blackboard. The Sale of Land Act will be required in full. Please download and print sections as needed, or purchase a copy and have in class by week 3. Legislation in hard copy can be purchased from Law Institute bookshop or Information Victoria.

 


Overview of Assessment

In order to achieve competency in this unit, you must provide:

Performance Evidence
Evidence of the ability to:

  • interpret and comply with legislation and industry codes of conduct relating to conveyancing transactions and agency operations
  • conduct legal research and apply changes in law to current practice
  • communicate key information effectively to clients and other relevant professionals, and maintain accurate file records.

Knowledge Evidence
To complete the unit requirements safely and effectively, you must:

  • interpret and analyse legislation to identify legal principles, requirements and amendments affecting conveyancing transactions and agency operations
  • interpret and explain key features of industry codes of conduct
  • explain common problems associated with interpreting legislation
  • identify and reference relevant/recent case law
  • identify and explain key features of Commonwealth, and State or Territory legislation and local government regulations relating to:
    • contracts of sale of land
    • disclosure requirements
    • duties and taxes
    • government fees and registration requirements
    • insurance
    • relevant deposit legislation/requirements
    • estate agents’ legislative requirements
    • competition and consumer protection
    • privacy
    • corporations and other legal entities

 Assessment Conditions
Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the Conveyancing field of work, and include access to:

  • a range of common office equipment, technology, software and consumables
  • suitable assessment records showing the preparation of a variety of legal documents to support a transaction.

You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.

Feedback
Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed.

You should take note of all feedback received and use this information to improve your learning outcomes and final performance in the course. Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.


Assessment Tasks

 

ASSESSMENT SUMMARY

CASE STUDY TEST                                  WEEK 7                                      25%

AUCTION/RESEARCH ASSIGNMENT     WEEK 11-13                               25%

MAJOR TEST                                            WEEK 15                                    50%

                                                                                                                    100%

 

To pass this course students must satisfactorily complete all assessment and have a total mark of not less than 50%. Assessment will be graded according to the following mark table, after competency is achieved:

0-49

Not Yet Competent - NYC

50-59

Pass - CAC

60-69

Credit - CC

70-79

Distinction - CDI

80-100

High Distinction - CHD

 

LAW5728C Analyse and Interpret Legal Requirements for the Transaction is co-delivered and co-assessed with BUSM7921C Identify and Conduct Searches


Assessment Matrix

Course Overview: Access Course Overview