Course Title: Take instructions in relation to a transaction
Part B: Course Detail
Teaching Period: Term1 2020
Course Code: BUSM7919C
Course Title: Take instructions in relation to a transaction
School: 650T Vocational Business Education
Campus: City Campus
Program: C6164 - Advanced Diploma of Conveyancing
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
Joanne Mackay
joanne.mackay@rmit.edu.au
Nominal Hours: 120
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 take instructions from a potential client in order to initiate a real estate, business or personal conveyancing transaction.
It applies to individuals who communicate with clients to establish the client’s needs, and identify conflicts of interest, parties, properties and other interests, and determine terms of engagement and contingency strategies.
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: |
BSBCNV501 Take instructions in relation to a transaction |
Element: |
1 Establish the client s needs |
Performance Criteria: |
1.1 Identify, clarify and assess client needs and expectations in accordance with the practice’s policy and procedures 1.2 Determine and discuss optional courses of action with client 1.3 Check information in relation to the transaction for accuracy and relevance 1.4 Obtain mutual agreement regarding responsibilities, obligations and expectations of all parties to the transaction 1.5 Record and document client’s needs and responsibilities promptly and accurately |
Element: |
2 Identify any conflict of interest |
Performance Criteria: |
2.1 Identify and record existing or potential conflicts of interest associated with the transaction 2.2 Assess conflicts of interest to determine appropriate action for the client and practice, and promptly advise client of any necessary action |
Element: |
3 Identify parties, properties and other interests |
Performance Criteria: |
3.1 Accurately identify and explain the roles of various parties involved in the conveyancing transaction 3.2 Analyse and explain estates and interests in the property of the relevant transaction 3.3 Analyse documentation and titles to confirm facts pertaining to the transaction 3.4 Communicate accurately to the client the title and contract details and respective consequences |
Element: |
4 Determine terms of engagement |
Performance Criteria: |
4.1 Determine appropriate terms of engagement which comply with legislative, regulatory and practice requirements and articulate to client clearly and promptly 4.2 Establish and record client’s agreement with terms 4.3 Obtain authorities from client and other relevant parties 4.4 Check estimates of fees, disbursements and time for accuracy and completeness and provide to client |
Element: |
5 Determine contingency strategies |
Performance Criteria: |
5.1 Assess contingencies relating to the transaction and advise the client 5.2 Determine contingency strategies and options and agree in consultation with client |
Element: |
6 Initiate the transaction |
Performance Criteria: |
6.1 Select a course of action which meets the client’s needs and complies with legislative requirements and with the policies and procedures of the practice 6.2 Advise client of all actions to be implemented to meet their agreed needs and expectations 6.3 Confirm and promptly record instructions from client to proceed or not to proceed 6.4 Make referrals to other professionals or third parties where appropriate 6.5 Formally open, organise and document all relevant instructions, information, facts and evidence in client file |
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 thought 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 discussion, 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
The following courses are are delivered together under the title Instructions and Property Law:
- BSBLEG512/LAW5731C Apply Principles of Property Law
- BSBCNV501/BUSM7919C Take Instructions in Relation to a Transaction
(Please note that this schedule is subject to change)
Course Schedule: Instructions and Property Law, Semester 1, 2020 | ||
Week |
Topic |
Assessment |
|
Week 1 February 10 |
Introduction to the Conveyancing program and orientation |
|
|
Week 2 February 17 |
Interests in Land, Fixtures and Chattels |
|
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Week 3 February 24 |
|
|
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Week 4 March 2 |
Co-ownership |
|
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Week 5 March 9 |
Title systems and Torrens title, Cases and legislation |
Release Assessment 1 reflection |
|
Week 6 March 16 |
Title systems and Torrens title, Cases and legislation |
|
|
Week 7 March 23 |
Adverse Possession |
|
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Week 8 March 30 |
Mortgages |
|
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Week 9 April 6 |
|
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Mid-Semester Break | ||
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Week 10 April 20 |
Leases and Tenancies | Assessment 1: Reflection due |
|
Week 11 April 27 |
Easements and Covenants |
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Week 12 May 4 |
Finish content and Revision Property Law |
|
|
Week 13 May 11 |
Assessment postponed until next week |
|
|
Week 14 May 18 |
Assessment 2: Open Book In-Class |
Assessment 2: Open Book In-Class Test due in class |
|
Week 15 May 25 |
Resubmissions |
|
|
Week 16 June 1 |
Resubmissions |
|
|
Week 17 June 8 |
Grade Entry
|
The nominal hours associated with this are a guide only and represent the total teaching time and student effort required to successfully complete the 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 including the self - paced activities in the workbooks.
Learning Resources
Prescribed Texts
References
Other Resources
Overview of Assessment
In order to achieve competency in this unit, you must provide:
Performance Evidence
Evidence of the ability to:
- communicate effectively with a client and identify their needs
- accurately interpret and document parties, properties and other interests and legal consequences
- determine terms of engagement and contingency strategies
- accurately record client details and requirements and initiate a transaction compliant with the practice’s policy and procedures and relevant legislation.
Knowledge Evidence
To complete the unit requirements safely and effectively, you must:
- identify and explain key business principles and law applicable to take instructions for conveyancing, business and personal transactions
- explain current definitions of conflict of interest within legislation and the industry, with examples of conflict of interest situations in a conveyancing transaction
- identify and explain key current legislative, regulatory and industry practices, procedures and services
- identify and describe key policies, procedures and business requirements of the practice
- explain a range of professional and industry terminology
- identify and discuss relevant consumer protection compliance and any legal consequences
- identify and categorise relevant types of contract titles and other required documentation
- compare and contrast types of transactions for personal, business or real estate conveyancing.
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:
- common office equipment, technology, software and consumables
- suitable assessment records showing the establishment of a conveyancing client.
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.
Assessment Tasks
You will demonstrate competency by undertaking two assessments. You must successfully complete all assessments to be deemed competent in this unit.
Assessment 1: Reflection
Due: Sunday, 26 April 2020
Summary and Purpose: Students will reflect on two topics by writing a letter to the client to explain the law in relation to the scenario situation released in week 5. The assessment is due in week 10. The letter is required to be professionally presented as required in the practice of a lawyer or conveyancer.
Assessment 2: Open Book In-Class Test
Due: Wednesday, 20 May 2020
Summary and Purpose: This assessment encompasses all the learning from the semester. The purpose of this assessment is to ensure the learner has a clear understanding and knowledge of the course learning outcomes, and the ability to effectively discuss the practical application of this knowledge. Students are to complete this assessment in class. The test will be handed out in class and is open book.
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.
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 for assessment
Course Overview: Access Course Overview