Course Title: Read and interpret a legal document and provide advice

Part B: Course Detail

Teaching Period: Term2 2019

Course Code: LAW5727C

Course Title: Read and interpret a legal document and provide advice

School: 650T Vocational Business Education

Campus: City Campus

Program: C6164 - Advanced Diploma of Conveyancing

Course Contact: Callie Harvey

Course Contact Phone: +61 3 99255772

Course Contact Email: callie.harvey@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Nominal Hours: 80

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 read and interpret a legal document and provide advice to a conveyancing client within a range of contexts and environments. It encompasses defining the nature and function of the document in the transaction and advising the client about their rights, obligations and alternative courses of action, if required.

It applies to individuals who apply specialised knowledge and pay close attention to detail when interpreting and analysing complex legal documentation and providing advice to others.

Work functions in the occupational areas where this unit may be used are subject to regulatory requirements. Refer to the BSB Implementation Guide Companion Volume or the relevant regulator for specific guidance on requirements.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

BSBCNV502 Read and interpret a legal document and provide advice

Element:

1 Define nature of document

Performance Criteria:

1.1 Define the nature of the legal document

1.2 Identify the function and significance of the document in the conveyancing transaction

Element:

10 Document advice

Performance Criteria:

10.1 Prepare a file note recording the substance and details of the advice given to the client and the instructions received

10.2 Despatch correspondence to client confirming the advice given in relation to the document and instructions received

10.3 If the document is not signed in the conveyancer’s office, include, in correspondence dispatched to client, clear and concise instructions on signing and witnessing the document

Element:

2 Identify relevant legal principles

Performance Criteria:

2.1 Identify statutory and general law principles governing the document and its function in the conveyancing transaction

2.2 Identify rules governing construction and interpretation of contracts and other legal documents

2.3 Identify rules for use of precedents, standard form contracts, and statutory forms

2.4 Conduct appropriate legal research, as required

Element:

3 Identify interests of client

Performance Criteria:

3.1 Identify legal interests of the client in relation to the subject matter of the document

3.2 Identify terms essential to protect the client’s interests

3.3 Identify non-legal interests and other needs of the client in relation to the subject matter of the document

Element:

4 Check document for accuracy

Performance Criteria:

4.1 Check parties, property, information and factual details for accuracy and relevance

4.2 Check annexures to the document for accuracy and relevance

4.3 Check the document or an annexure for compliance if it is required to comply with a procedural or formal requirement

4.4 Check the document or annexure for compliance with statutory and practice requirements if it comprises a statutory or prescribed form

4.5 Identify information to be obtained from or provided to third parties or other professionals in relation to the document

Element:

5 Examine document

Performance Criteria:

5.1 Closely examine the document and interpret and analyse relevant legal principles and key terms

5.2 Identify and assess rights, responsibilities and liabilities of all parties, expressed or implied in the document

5.3 Identify any lack of conformity with client’s initial instructions and any gaps, lack of certainty or ambiguity in the language

5.4 Identify any non-compliance with legal principles within the document

Element:

6 Evaluate issues

Performance Criteria:

6.1 Assess legal and non-legal issues and risks to the client arising from the document

6.2 Interpret extent to which the document does or does not protect the interests of the client

6.3 Interpret key terms or points for negotiation with third parties or other professionals

Element:

7 Advise client

Performance Criteria:

7.1 Summarise and clearly communicate rights, responsibilities and liabilities of all parties to the client, including specific rights of the client

7.2 Summarise and clearly communicate legal and non-legal issues and risks arising from the document to the client

Element:

8 Clarify instructions

Performance Criteria:

8.1 Determine and discuss alternative courses of action with the client where it is considered the document does not adequately protect the interests of the client, or meet the client’s other needs

8.2 Summarise and clearly communicate legal and non-legal consequences for each alternative to the client

8.3 Assist client in selecting a course of action

Element:

9 Attending to signing the document

Performance Criteria:

9.1 Identify statutory and other rules governing signing and witnessing of documents, including deeds

9.2 Apply relevant rules governing signing and witnessing of documents in the execution of the document by the client

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 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

This course is comprised of two co- delivered competencies:

BSBCNV502 Read and Interpret a Legal Document

BSBCNV504 Prepare Legal Documents

The Teaching Schedule for this course is as follows

 

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:

o    Recognition of Prior Learning and Credit Transfers

o    Assessment of current skills and knowledge

  • Competency/Grading Criteria
  • Plagiarism
  • Appeals
  • Extensions
  • Feedback
  • Privacy
  • Submission requirements
  • Resubmission policy
  • Where to get support
  • Student Charter 

Course Schedule: Read and analyse legal documents and Prepare legal documents, Semester 2, 2019

Week

Topic

Assessment

Week 1

8th July

Development of multiple ownership: company share, stratum titles, strata & cluster titles

 

Week 2

15th July

Subdivision process

 

Week 3

22nd July

Selling lots on a plan of subdivision S. 32 requirements

 

Week 4

29th July

Selling lots on a plan of subdivision Contract  requirements

 

Week 5

5th August

General and Special conditions

Assessment 1a Advice on s.32 for off the plan contract due

Week 6

12th August

Owners’ Corporation part 1

 

Week 7

19th August

Owners’ Corporation part 2

 

Week 8

26th August

Stamp Duty and Land Tax;   GST  & CGT

 

Mid semester break 2nd September – 8th September

Week 9 

9th September

Industry presentations – joint class Joanne and Paul

Assessment 1b Advice on Contract off the Plan due

Week 10

16th September

Finish GST; Investigating Title and exceptional parties.

 

Week 11

23rd September

Sale of Business part 1 

 

Week 12

30th September

Sale of Business, Part 2

 

Week 13

7th October

Sale of Business, Part 3 and Revision

Assessment 2 -sale of business advice letter due

Week 14

14th October

Revision

 

Week 15

21st October

 

 

Assessment 3 Short test on topics in weeks 8 and 10

Week 16

28th October

Resubmissions

 

Week 17

4th November

 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 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

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, Subdivision Act, 1988 and Owners Corporation Act, 2005 will be discussed in class. Please download and print sections as needed, or purchase a copy and have in class by week 4. 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:

  • review and interpret legal documents correctly and explain meanings and implications to clients
  • compare legal requirements with client instructions
  • prepare relevant, accurate and timely written and/or verbal advice to clients
  • oversee a legal document signing
  • maintain accurate and thorough records.

Knowledge Evidence

To complete the unit requirements safely and effectively, the individual must:

  • identify and explain key business principles and law applicable to reading and interpreting legal documents and transactions, including legislative and general law (common law and equity) principles
  • identify and explain types of:
  • transactions for personal, business or real estate conveyancing
  • contracts and other documents used in conveyancing
  • identify and explain key current legislative, regulatory and industry practices, procedures and services
  • identify and describe key insurance requirements relevant to a conveyancing transaction
  • explain, using simple vocabulary, a range of:
  • words, phrases and terms of conditions
  • professional and industry terminology
  • particular words or terms that could cause problems (e.g. shall/may/must/will)
  • identify and describe key policies, procedures and business requirements of the practice
  • identify and apply relevant consumer protection compliance
  • identify, describe and apply rules and procedures:
  • precedents and statutory forms
  • construction and interpretation of documents.

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 preparation of a variety of legal documents to support a conveyancing 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 1 

This assessment is comprised for two parts and you must complete both parts successfully:

Part 1 - for this part to of the assessment you will draft an advice on Section 32 for aspects of an off the plan contract

Part 2 - for this assessment task you will write a letter for a contract off the plan

 

Assessment 2

For this assessment you will write an advice on a sale of business

 

Assessment 3

Assessment 3 is an in class assessment during your normal scheduled class time.

You must successfully (satisfactorily) complete all  assessment tasks to be deemed competent in this course.


Assessment Matrix

The assessment matrix that maps each assessment is available on Canvas

Other Information

Submission Requirements

You should:

  • 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 two 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: If you are found to be unsuccessful (Not satisfactory/Unsatisfactory) in a particular 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.     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 you are performing.    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