Course Title: Read and interpret a legal document and provide advice
Part B: Course Detail
Teaching Period: Term1 2020
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
Joseph Detering
joseph.detering@rmit.edu.au
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 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 unit title Legal Documents:
- BSBCNV502/LAW5727C Read and Interpret a Legal Document
- BSBCNV504/LAW5729C Prepare Legal Documents
(Please note that this schedule is subject to change)
Course Schedule: Read and analyse legal documents and Prepare legal documents, Semester 1, 2020 | ||
Week |
Topic |
Assessment |
|
Week 1 February 10 |
Development of multiple ownership: company share, stratum titles, strata & cluster titles |
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Week 2 February 17 |
Subdivision process |
|
|
Week 3 February 24 |
Selling lots on a plan of subdivision S. 32 requirements |
|
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Week 4 March 2 |
Selling lots on a plan of subdivision Contract requirements |
|
|
Week 5 March 9 |
General and Special conditions |
Assessment 1a Advice on s.32 for off the plan contract due |
|
Week 6 March 16 |
Owners’ Corporation part 1 |
|
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Week 7 March 23 |
Owners’ Corporation part 2 |
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Week 8 March 30 |
Stamp Duty and Land Tax; GST & CGT |
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Week 9 April 6 |
Industry presentations – joint class Joanne and Paul |
Assessment 1b Advice on Contract off the Plan due |
Mid-Semester Break | ||
|
Week 10 April 20 |
Finish GST; Investigating Title and exceptional parties. |
|
|
Week 11 April 27 |
Sale of Business part 1 |
|
|
Week 12 May 4 |
Sale of Business, Part 2 |
|
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Week 13 May 11 |
Sale of Business, Part 3 and Revision |
Assessment 2 -sale of business advice letter due |
|
Week 14 May 18 |
Revision |
|
|
Week 15 May 25 |
|
Assessment 3 Short test on topics in weeks 8 and 10 |
|
Week 16 June 1 |
Resubmissions |
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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
Online learning materials can be accessed by going into the RMIT's Learning Management System, Canvas.
The online learning materials listed may include:
- Course outlines
- Power point Presentations
- Supporting Reading material
- Industry relevant articles
- Activities
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.
Assessment Tasks
There are three assessment tasks you need to complete satisfactorily in order to be deemed competent in the co-delivered courses LAW5727C Read and Interpret a Legal Document and LAW5729C Prepare Legal Documents.
Assessment 1a: Advice s.32
Due: Sunday, 15 March 2020
Summary and Purpose: Assessment 1a involves you in writing a letter of advice to clients on the s.32 aspects of an off the plan (OTP) Contract of Sale of Land which will be given to you in week 1. By completing this assessment 1a it allows you to demonstrate you are working to industry standards in providing advice on the Section 32 Statement of an off the plan contract of sale of land.
Assessment 1b: Advice on Off-the-Plan Contract
Due: Sunday, 12 April 2020
Summary and Purpose: Assessment 1b involves you in writing a letter of advice to clients on the Contract aspect of an off the plan (OTP) Contract of Sale of Land which will be given to you in week 1. By completing this assessment 1b it allows you to demonstrate you are working to industry standards in providing advice on the off the plan contract of sale of land (Burgin on Lygon).
Assessment 2: Sale of Business Advice
Due: Sunday, 17 May 2020
Summary and Purpose: Assessment 2 involves you in writing short answers to a series of problems given to you in week 13 . By completing this assessment 2 it allows you to demonstrate you are working to industry standards in understanding and putting forward solutions to issues and problems occurring in sale of business transactions
To be competent you must demonstrate an understanding of the key concepts by identifying these in relation to the four problems. Additionally, you must provide an in-depth explanation of the relevant contractual terms and conditions, legal principles and statutory requirements.
Assessment 3: Final Test
Due: Monday, 25 May 2020
Summary and Purpose: Assessment 3 requires you to write short answers to a series of problems during an In Class Supervised Test. By completing this assessment 3 it allows you to demonstrate you are working to industry standards in understanding and putting forward solutions to issues with duties and taxes in conveyancing transactions.
To be competent you must demonstrate an understanding of the key concepts by identifying these in relation to each problem. To achieve a higher grading than competency a demonstration of an in-depth explanation of the relevant legal principles and statutory requirements of the imposition of government duties and taxes in conveyancing transactions is required.
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