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

Part B: Course Detail

Teaching Period: Term2 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

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: 

BSBCNV502 Read and Interpret a Legal Document
BSBCNV504 Prepare Legal Documents
 

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: Read and analyse legal documents and Prepare legal documents, Semester 2, 2020

Week

Topic

Assessment

Week 1

July 6

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

 

Week 2

July 13

Subdivision process

 

Week 3

July 20

Selling lots on a plan of subdivision S. 32 requirements

 

Week 4

July 27

Selling lots on a plan of subdivision Contract  requirements

Assessment 1 due

Week 5

August 3

General and Special conditions

 

Week 6

August 10

Owners’ Corporation part 1

 

Week 7

August  17

Owners’ Corporation part 2

 

Week 8

August 24

Stamp Duty and Land Tax;   GST  & CGT

 Assessment 2 due

Mid-Semester Break

Week 9

September 7

Industry presentations – joint class Joanne and Paul

 

Week 10

September  14

Finish GST; Investigating Title and exceptional parties.

 

Week 11

September  21

Sale of Business part 1 

 

Week 12

September 28

Sale of Business, Part 2

 

Week 13

October 5

Sale of Business, Part 3 and Revision

 

Week 14

October 12

Revision

Assessment 3 due

Week 15

October 19

Resubmissions

 

 

Week 16

October 26

Resubmissions

 

Week 17

November 2

Grade Entry

 

 


Learning Resources

Prescribed Texts


References


Other Resources

Online learning materials can be accessed by going into the RMIT website's Online Learning Hub.

The online learning materials listed 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.

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

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: Online Assessment

Due: Week 4

This assessment task allows you to demonstrate your knowledge on reading and interpreting legal documents.  

Assessment Task 2:Practical Assignment

Due: 11:59PM Sunday 25 August 2020

This practical assessment will allow you to demonstrate your ability to read and interpret a legal document and provide advice to a conveyancing client.

 

Assessment Task 3: Practical Assignment

Due: 11:59PM Sunday 13 October 2020

This practical assessment will allow you to demonstrate your ability to prepare legal documents to support a conveyancing transaction on behalf of a client.

 


Assessment Matrix

The assessment matrix that maps all the assessments 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.

Vocational education grades:

CA - Competency Achieved

NYC - Not Yet Competent

DNS - Did Not Submit for assessment

 

Course Overview: Access Course Overview