Course Title: Analyse and interpret legal requirements for a transaction

Part B: Course Detail

Teaching Period: Term1 2019

Course Code: LAW5728C

Course Title: Analyse and interpret legal requirements for 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

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 analyse and interpret legal requirements for a conveyancing transaction within a range of contexts and environments. It encompasses identifying and applying statutory interpretation techniques, identifying and tracking changes to relevant legislation and codes of conduct, and maintaining appropriate records.

It applies to individuals who use specialised knowledge and skills to research and evaluate complex information and compliance requirements, and apply that information to relevant tasks.  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:

BSBCNV503 Analyse and interpret legal requirements for a transaction

Element:

1 Interpret legal principles and legislative requirements affecting conveyancing transactions

Performance Criteria:

1.1 Identify legal framework of conveyancing practice 1.2 Interpret components of statute law and their relationships with respect to their application to conveyancing practice 1.3 Access legislation and regulations relevant to the provision of conveyancing services 1.4 Identify and analyse relevant case law for legal principles

Element:

2 Interpret legislative requirements affecting conveyancing transactions

Performance Criteria:

2.1 Interpret and analyse the structure of legislation and regulations that relate to conveyancing transactions 2.2 Analyse common interpretation problems 2.3 Apply rules and techniques for interpreting legislation and regulations in conveyancing transactions

Element:

3 Track and interpret changes to legislation and regulations affecting agency operations

Performance Criteria:

3.1 Identify processes that lead to changes in legislation and regulations 3.2 Access source documents for amendment legislation relevant to the provision of conveyancing services 3.3 Establish a process and technique for tracking amendments to legislation and regulations 3.4 Interpret and address implications of changes to legislative and regulatory requirements in line with agency procedures 3.5 Communicate changes to legislative and regulatory requirements to appropriate people in line with agency policy and procedures

Element:

4 Comply with relevant codes of conduct

Performance Criteria:

4.1 Source and access codes of conduct 4.2 Interpret relationship between industry codes of conduct and legislative requirements 4.3 Apply key principles and responsibilities of codes of conduct to own work in line with industry practice 4.4 Ensure personal ethical behaviour complies with relevant codes of conduct

Element:

5 Maintain records of legislation and industry codes

Performance Criteria:

5.1 Identify practice processes and the personnel responsible for monitoring and communicating changes to legislation and industry codes of conduct 5.2 Maintain relevant records of legislation and codes of conduct

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 through 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 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.

   


Teaching Schedule

 

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 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.

 

This overall semester schedule of the face to face classes is subject to changes.

 

 

WEEK

No.

 

DATE

 

 

TOPICS - Joanne Mackay (JM)

weeks 1-16 (see Canvas Syllabus)

 

Program and assessment reminders

               1

 

 

 

 

12 Feb

LAW 5728C

BUSM 7921C

Intro to course, materials, Canvas

 

Intro Real Estate Agents’ Industry

At home exercises

 

2

 

 

19 Feb

Real estate Industry exercises review.

Contract of sale and general and special conditions

 

3

 

26 Feb

 

The contract of sale

 

4

 

 6 Mar

s.32 vendor’s statement requirements, searches and certificates

Release case study test

5

 

11 Mar

 

Contravention of s.32 & cases

 

6

 

18 Mar

 

Cooling off, finance clauses, caveats

 

 

7

 

 

26 Mar

 

 

Deposits, Insurance

 

Assessment 1 –

Take home Case study test due 25% (JM)

Release Auction assignment

8

 

2 April

Building legislation, Misdescription, illegal structures

 

 

 

9

9 April

 

Terms contracts

 

 

10

16 April

Student consultation  - auction documents, topic content

.

 

 

 

 

Mid Semester break

 

 

                11

30 April

(Some) AUCTION PRESENTATIONS

 

Adjustments

Auction /research report due- 25% (JM)

12

 

7 May

Review breach of contract general conditions, settlement intro,

 

13

 

14 May

Revision

 

 

14

 

21 May

 

In class open book assessment

In class open book assessment 50% (JM)

 

15

 

28 May

 

 

 

 

16

 

4 June

Eligible Resits/ special consideration - Resubmissions

 


Learning Resources

Prescribed Texts


References

LIBBIS, Simon Conveyancing Victoria 2018/9


Other Resources

  Other Resources Remove lines from script areaAdd lines to script area

See Learning Resource Information link above, and Canvas


Overview of Assessment

In order to achieve competency in this unit, you must provide:

Performance Evidence
Evidence of the ability to:

  • interpret and comply with legislation and industry codes of conduct relating to conveyancing transactions and agency operations
  • conduct legal research and apply changes in law to current practice
  • communicate key information effectively to clients and other relevant professionals, and maintain accurate file records.

Knowledge Evidence
To complete the unit requirements safely and effectively, you must:

  • interpret and analyse legislation to identify legal principles, requirements and amendments affecting conveyancing transactions and agency operations
  • interpret and explain key features of industry codes of conduct
  • explain common problems associated with interpreting legislation
  • identify and reference relevant/recent case law
  • identify and explain key features of Commonwealth, and State or Territory legislation and local government regulations relating to:
    • contracts of sale of land
    • disclosure requirements
    • duties and taxes
    • government fees and registration requirements
    • insurance
    • relevant deposit legislation/requirements
    • estate agents’ legislative requirements
    • competition and consumer protection
    • privacy
    • corporations and other legal entities

 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:

  • a range of common office equipment, technology, software and consumables
  • suitable assessment records showing the preparation of a variety of legal documents to support a 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 Task 1 - Case study

For this assessment task you are required to read examine and analyse the cases relating to s.32 Sale of Land Act, and then answer short questions and apply to a scenario situation.

Assessment Task 2 - Auction/Research report

Students are required to attend a public auction of a property, and write a report on the process, documentation and applicable law. See Canvas assignment link for detailed instructions.

Assessment Task 3 - In class supervised assessment

For this assessment task you will undertake a supervised assessment during your normal scheduled class. The assessment will include short answer and multiple choice questions and a case study analysis. You will be permitted to refer to your resources. This is an open book assessment.

To be deemed competent you must satisfactorily complete all assessments. Once deemed competent the student will be graded according to Grade Marking Guide below


Assessment Matrix

The assessment matrix that maps all the 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. Submit your reflection online through Canvas and          complete the Assessment declaration as to authorship. Any hard copy assessments such as the in class              supervised assessment, will have a coverpage for students to sign. Hard copy assignments will need a signed      student coversheet.
  • 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 (VET Programs):

If you are found to be unsuccessful in a particular Course Assessment Task (or you do not submit/attend) 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.

Grading & re-submissions

Successful re-submissions will contribute a CAG only (Competency Achieved Grading) result to your overall grade for the course.

 

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 well you are performing.

 

 Marking Guide (Grading)

 

After achieving competency we then grade your performance in the unit and you will achieve one of the following grades:

 

Final Grades table:

 

 

CHD

Competent with High Distinction

 

 

CDI

Competent with Distinction

 

 

CC

Competent with Credit

 

 

CAG

Competency Achieved – Graded

 

 

CA

Competency Achieved – Not Graded

 

 

NYC

Not Yet Competent

 

 

DNS

Did Not Submit for assessment

 
       

 

 

Further information regarding the application of the grading criteria will be provided by your teacher.

 

   

Course Overview: Access Course Overview