Course Title: Apply conveyancing process

Part B: Course Detail

Teaching Period: Term1 2019

Course Code: LAW5719

Course Title: Apply conveyancing process

School: 650T Vocational Business Education

Campus: City Campus

Program: C6141 - Advanced Diploma of Legal Practice

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

Trish Barcatta

trish.barcatta@rmit.edu.au

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 employ land contract law through a comprehensive knowledge of relevant legislation and the procedures and documentation associated with conveyancing transactions for the sale and purchase of Victorian land, in order to support the work of a legal office, practice or associated context.

This unit supports the work of personnel engaged in the operation of a legal office, conveyancing department or office, financial institution, bank loans or mortgage department, and/or associated fields within public and/or corporate sectors.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VU21638 Apply conveyancing process

Element:

1.Specify the main features of contract law relevant to the sale of land

Performance Criteria:

1.1 Outline the principles and minimum requirements for a contract for the sale of land 1.2 Identify and describe the factors that could lead to a contract being void or voidable 1.3 Identify and describe the formal requirements of a contract for the sale of land, including the extent to which written evidence is required for the sale of land to be enforceable 1.4 Identify and describe the nature of an open contract 1.5 Outline the terms implied by common law or equity into a contract where there is no express provision, with reference to: • who carries the risk of damage or destruction of the property following the sale • the vendor's obligations in relation to preservation of the property following sale • the vendor's obligation to disclose defects in title and give a good title free of undisclosed defects • the circumstances in which the caveat emptor principle applies • terms implied as to the time for performance of the contract and whether time is of the essence of the contract

Element:

2.Specify and apply the terms that are commonly expressly included in a contract for the sale of land

Performance Criteria:

2.1 Outline and apply the form and content of the standard contract prescribed by the Estate Agents (Contracts) Regulations, including: particulars of sale; special conditions; general conditions, and vendors' statements 2.2 Analyse and apply the conveyancing procedures and obligations that arise from the contract for the sale of land, including: finance clauses; insurance; caveatable interests, and deposit holding procedures

Element:

3.Analyse and apply legislation that regulates contracts for the sale of land

Performance Criteria:

3.1 Outline and detail the provisions of the Sale of Land Act relating to terms contracts 3.2 Explain the meaning of the purchaser's right to cool off 3.3 Analyse the requirements for vendors' statements, including the consequences of breach of Section 32 of the Sale of Land Act 3.4 Outline the statutory provisions in relation to insurance of premises, including who bears the risk of damage or destruction of premises, and analyse for application 3.5 Analyse for application, the provisions of the Sale of Land Act relating to dealing with deposits and release of deposit prior to settlement 3.6 Identify and describe the regulation of swimming pools relevant to a conveyancing transaction

Element:

4.Analyse and apply the law relating to defective building work and illegal structures in the context of sales of land

Performance Criteria:

4.1 Determine the principles of the common law in relation to the sale of land which includes a defectively constructed or incomplete building and analyse for application 4.2 Identify the provisions of the Domestic Building Contracts Act including implied warranties and obligations of a builder in relation to major domestic building contracts, and analyse for application 4.3 Identify the provisions of the Building Act in relation to insurance obligations of builders, obligations of owner-builders who sell a building, and, warranties required in contracts for the sale of property by an owner-builder, and analyse for application 4.4 Outline the role of the Victorian Civil and Administrative Tribunal in resolving disputes relating to domestic building work 4.5 Define the term illegal structure and analyse, for application, the law relating to a sale of land on which there is an illegal structure

Element:

5.Analyse and apply the role of estate agents in the sale process

Performance Criteria:

5.1 Examine the terms of the contracts used to engage an agent 5.2 Outline and debate the legal and ethical obligations of the agent to the vendor and the purchaser 5.3 Research and analyse for application, the rules and legal provisions under Division 4 of the Sale of Land Act for conducting auction sales of real estate, including dummy bids and vendor's bids

Learning Outcomes


 


 


Details of Learning Activities

A range of learning activities are planned for this course including self-paced and collaborative classroom-based activities.

The self-paced activities will be delivered through various technology platforms and may include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.

The collaborative classroom-based activities will include group discussions, group problem-solving activities and opportunities to practice your skills in a simulated/real workplace environment.

We expect you to participate and contribute in all scheduled learning activities.

 

 


Teaching Schedule

Induction Session

Prior to training commencement a program level induction session will be conducted that comprises the following:

  • Program overview and requirements
  • MyRMIT/Canvas
  • Overview of assessment requirements
  • Pre-Training Review including:
    • Recognition of Prior Learning and Credit Transfers
    • Assessment of current skills and knowledge
  • Competency/Grading Criteria
  • Plagiarism
  • Appeals
  • Extensions
  • Feedback
  • Privacy
  • Submission requirements
  • Resubmission policy
  • Where to get support
  • Student responsibilities 

 The Teaching Schedule for this course is as follows. (Please note that this schedule is subject to change)

 

Note:LAW5719 Apply conveyancing process is co-delivered with COMM5928C Make a presentation.

Students should be enrolled in both courses (unless one has been successfully completed).

The nominal hours associated with this are a guide only and represent the total teaching time and student effort required to successfully complete this course.  This may include not only scheduled classes but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

 

 Course Schedule

Week

Topics                                                 

           Assessment  

1

Introduction – REVISION – course outline and discussion, Real Estate industry overview, Sale of Land Act

 

2

Real Estate Industry cont’d, and introduction to Contract for Sale of Land documents

Distribute Assessment Task 1 – Case report and presentation

3

Contract of Sale documents, detail examination.

File processes, searches and certificates, conduct of file

Research and prepare case study for assessment in week 6

4

Section 32 Statements requirements

 

5

Contravention of s.32 Sale of Land Act

  

6

Case Report Oral Presentation 

Task 1 Due - In class Case Report Oral Presentations

You will receive the feedback in week 8.  If required, resubmission for this assessment is due by the end of week 9.

Distribute Assessment Task 2 – Auction report

Discuss Auction Report Assessment

7

 Deposits, Insurance.

  

8

Research Week for auction assignment and individual teacher consultation

  

9

Domestic Building legislation, Illegal structures, Consumer legislation

 

 

10

Auction Presentations 

 Task 2 Due 

In Class Assessment

Auction/research Presentations

You will receive the feedback in week 13.  If required, resubmission for this assessment is due by the end of week 14.
 

MID-SEMESTER BREAK

MID-SEMESTER BREAK

11

Adjustments

 

12

 Settlement, Breach of contract

 

13

Revision, practice test questions

 

14

Major test – Open Book – all topics

 

Assessment task 3 –

Major test – Open Book 

15

 Review, feedback, resits, re-submissions and deferred assessments

  

16

Review, feedback, resits, re-submissions and deferred assessments

  

 

The nominal hours associated with this are a guide only and represent the total teaching time and student effort required to successfully complete this course.  This may include not only scheduled classes but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

 

 

 

 

 


Learning Resources

Prescribed Texts


References


Other Resources

Recommended text

Conveyancing Victoria 2018/9, Simon Libbis, available from Hybrid Publishers, at student discount (see order form on Canvas)

Students should refer to latest cases and other references, legislation and websites and other relevant information on the course site on Canvas. Students should access the topic notes, the lecture outlines and and other materials prior to classes .

 


Overview of Assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

In order to demonstrate competency in this unit, you must provide evidence of:

• investigating documents, and following procedures and obligations relevant to completing a conveyancing transaction
• knowledge of the legislation, principles and practices that regulate contracts for the sale and purchase of land including auction sales
• knowledge of Federal and State legislation, regulations and provisions relevant to undertaking conveyancing
• examination of statutory intervention in contracts of the sale of land
• analysis of law and practices specifically relating to auction sales
• examination of terms implied by courts and commonly expressed contained in contracts for the sale of land

Context for assessment

Assessment must ensure:

• activities are related to a legal practice context
• activities are related to laws, regulations and procedures currently operating across the jurisdictions relevant to this qualification

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 effectiveness 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

The assessments for this course have been designed to allow you to demonstrate your competence in a variety of ways.

 

TASK 1 (Due Date: Week 6 )

Case report and oral presentation 

This assessment requires you to read and analyse a case relating to the course content, and to prepare a written report which demonstrates your knowledge and understanding of the legal principles of this case. In order to be competent, you need to demonstrate you are working to the industry standard as required of a paralegal working within the area of conveyancing and present the written information in accordance with industry standard. 

This assessment requires you to plan and then deliver a presentation to the class of your findings and obtain effective feedback. In order to pass you will need to demonstrate your planning and delivery of the presentation using effective communication techniques including the methods used to obtain effective feedback. 

TASK 2 (Due Date: Week 10)

Auction/research report 

In order to be deemed competent, you need to demonstrate you are working to the industry standard as required of a paralegal working within the area of conveyancing and present the written information in accordance with industry standard.

This assessment requires you to plan and then deliver a presentation to the class of your findings after you have attended an auction and obtain effective feedback. In order to pass you will need to demonstrate your planning and delivery of the presentation using effective communication techniques including the methods used to obtain effective feedback.

TASK 3 (Due Date: Week 14)

Supervised Assessment

For this Assessment Task you are required to demonstrate your knowledge of all the topics covered in this course by completing an open book in class supervised assessment.   

This assessment will take place during your normal scheduled class time.

Please refer to the individual assessments for more details.

 

You must satisfactorily complete all assessment tasks in order to achieve competency.

 

 


Assessment Matrix

 The assessment matrix that maps all the assessment is available on CANVAS  

Other Information

 

Submission Requirements

 

You should:

 

Ensure that you submit assessments on or before the due date. 

  • Ensure that you submit assessments on or before the due date. 
  • Always retain a copy of your assessment tasks. (hard copy and soft copy)
  • When you submit work for assessment at RMIT University you need to use the Assessment task document that includes a declaration and statement of authorship.
  • Each page of your assessment should include footer with your name, student number, the title of the assessment, unit code and title and page numbers.

 

Late Submission Procedures

You are required to submit assessment items and/or ensure performance based assessment is completed by the due dates.

If you are prevented from submitting an assessment item on time, by circumstances outside your control, you may apply in advance to your teacher for an extension to the due date of up to seven calendar days.

More Information:  https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/extensions-of-time-for-submission-of-assessable-work

Where an extension of greater than seven days is needed, you must apply for Special Consideration.  Applications for special consideration must be submitted no later than FIVE working days after the assessment task deadline or scheduled examination.

More Information:https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/special-consideration

 

Resubmissions (VET Programs):

If you are found to be unsuccessful in a particular Course Assessment Task (or you do not submit/attend) you will be allowed one resubmission.  Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission. 

If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible.

Grading & re-submissions

Successful re-submissions will contribute a CAG only (Competency Achieved Grading) result to your overall grade for the course.

 

Adjustments to Assessment

In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which the assessment arrangements might be granted please access the following website:

https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/adjustments-to-assessment

 

Marking Guide (Competency):

 

You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.

 

You will receive feedback on each assessment task that will inform you about your progress and how well you are performing.

 

 

Marking Guide (Grading)

 

After achieving competency we then grade your performance in the unit and you will achieve one of the following grades:

 

Final Grades table:

 

 

CHD

Competent with High Distinction

 

 

CDI

Competent with Distinction

 

 

CC

Competent with Credit

 

 

CAG

Competency Achieved – Graded

 

 

CA

Competency Achieved – Not Graded

 

 

NYC

Not Yet Competent

 

 

DNS

Did Not Submit for assessment

 
       

 

 

Further information regarding the application of the grading criteria will be provided by your teacher.

 

Course Overview: Access Course Overview