Course Title: Apply conveyancing process
Part B: Course Detail
Teaching Period: Term2 2020
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: Callie Harvey
Course Contact Phone: +61 3 9925 5772
Course Contact Email: callie.harvey@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
John Sutherland
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:
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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
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Learning Outcomes
Details of Learning Activities
This semester we will be learning remotely through Collaborate Ultra Sessions.
A range of learning activities are planned for this course including self-paced and discussion 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 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.
This course will be delivered via our existing learning management system, Canvas. This means that, for the foreseeable future, there will be no face-to-face classes in any of the units for which you are enrolled.
Classes in each of your units will still take place in their normal scheduled time-slots, but instead of being conducted in a face-to-face mode, your teachers will utilise the Collaborate Ultra platform to deliver ‘live’ online classes. These classes delivered online will not only provide you with the required learning materials for those sessions, but they will also enable interactions with your teachers and fellow students via forums or discussion boards.
This course guide contains information that describes course aspects that don’t change and are locked in well ahead of the semester. Any information that differs due to changes of delivery is a consequence of COVID-19. Your course coordinator will advise you as to the correct details via Canvas.
Teaching Schedule
This course is comprised of two co-delivered and co-assessed competencies:
LAW5719 Apply conveyancing process
COMM5928C Make a presentation
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.
Course Schedule: Conveyancing Process and Make a Presentation, Semester 2, 2020 | ||
Week |
Topic |
Assessment |
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Week 1 July 6 |
Introduction – REVIEW – course outline and discussion, Real Estate industry overview, Sale of Land Act |
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Week 2 July 13 |
Real Estate Industry cont’d, and introduction to Contract for Sale of Land documents |
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Week 3 July 20 |
Detailed examination of contract of sale documents File processes, searches and certificates, conduct of file |
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Week 4 July 27 |
Section 32 Statements requirements |
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Week 5 August 3 |
Contravention of s.32 Sale of Land Act |
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Week 6 August 10 |
Assessment Task 1 due in class |
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Week 7 August 17 |
Cooling off, finance clauses, caveats |
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Week 8 August 24 |
Deposits, Insurance |
Assessment Task 2 due |
Mid-Semester Break | ||
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Week 9 September 7 |
Research Week for auction assignment and teacher consultation |
Assessment Task 3 due |
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Week 10 September 14 |
Auction Presentations using Collaborate Ultra |
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Week 11 September 21 |
Domestic Building legislation, Illegal structures, Consumer legislation |
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Week 12 September 28 |
Adjustments, Settlement, Breach of contract |
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Week 13 October 5 |
Revision. |
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Week 14 October 12 |
Assessment Task 4 due in class |
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Week 15 October 19 |
Deferred Assessments, Resubmissions | |
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Week 16 October 26 |
Deferred Assessments, Resubmissions |
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Week 17 November 2 |
Grade Entry |
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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
Online learning materials can be accessed by going into the RMIT web sites Online Learning Hub.
The online learning materials listed include:
- Course outlines
- Power point Presentations
- Supporting Reading material
- Industry relevant articles
- Activities.
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
In order to achieve competency in this unit, you must satisfactorily complete the criteria for each of the three assessments in this course.
ASSESSMENT TASK 1: Knowledge assessment task
Due: Week 6
This assessment task allows you to demonstrate your 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
- Required to prepare, deliver and review a presentation to a target audience
ASSESSMENT TASK 2: Portfolio
Due: 30 August 2020 (Week 8)
This assessment requires you to read and analyse a case and to prepare a written report which demonstrates your knowledge and understanding of the legal principles of this case.
ASSESSMENT TASK 3: Property Report
Due: 13 September 2020 (Week 9)
This assessment will allow you to demonstrate your 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.
ASSESSMENT TASK 4: Portfolio
Due: In-class during the week commencing 12 October 2020 (Week 14)
This assessment requires you to plan and then deliver a presentation to the class in relation to your property report from AT3 and obtain effective feedback.
Assessment Matrix
The assessment matrix that maps all the assessment is available on Canvas.
Other Information
Submission Requirements
- 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 a footer with your name, student number, the title of the assessment, unit code and title and page numbers.
Resubmissions (VET Programs)
If you are found to be unsuccessful (Not satisfactory/Unsatisfactory) in a Course Assessment Task 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. Applications must be made to nick.reynolds@rmit.edu.au
Penalties for Late Submission
Late submissions of assignments without special consideration or extension will automatically be considered a re-submission (see above).
Extensions, Special Consideration and Adjustment to Assessments
Extensions:
Extensions are available for unforeseen circumstances of a short-term nature.
An application form must be submitted to the school at least one working day before the due date of the assessment.
Extensions can be approved for a maximum of one week (seven calendar days) past the due date for an assessment. (Where students need an extension exceeding one week they must instead apply for special consideration.)
Special consideration:
Special consideration is available for unexpected circumstances outside students’ control. These include but are not limited to: unexpected short-term ill health, and unavoidable family, work, cultural or religious commitments.
An application for special consideration is made in advance of an assessment wherever possible but will normally be accepted within five working days after the assessment date
For more information, see the Special Consideration page of the RMIT website.
Adjustments to Assessment:
RMIT provides several adjustments to assessment for students experiencing ongoing or long-term circumstances. Find the right one for your circumstances here.
Changes to the Assessment Scheme
Where a change to assessment approved by the dean/head of school changes an assessment due date, students will be given at least five working days’ notice of the new due date.
Feedback
You can expect to receive marks and feedback on in-course assessment work in time to improve your performance in related assessment tasks later in the course.
Academic Integrity and Misconduct
Students demonstrate academic integrity in their assessment practices by:
- engaging with assessment activities in an honest way;
- providing accountability for the authorship and originality of work submitted;
- acknowledging the work of others and the re-use of original work.
Academic misconduct is addressed in accordance with the Student conduct policy
Assessment involving research with human participants, their information or their tissue, or animal subjects is carried out in accordance with the Staff ethics and integrity policy.
For further information see the Academic Integrity website.
Review and Appeal
A student may request a review of an assessment result or appeal a final course grade in accordance with the Conduct of assessment and appeals section of the Assessment Processes.
Grade Criteria
You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.
The following grades are available for this course.
CA - Competency Achieved
NYC - Not Yet Competent
DNS - Did Not Submit one or more assessments
Course Overview: Access Course Overview