Course Title: Interpret a legal document and provide advice in a conveyancing transaction

Part B: Course Detail

Teaching Period: Term1 2022

Course Code: JUST5758C

Course Title: Interpret a legal document and provide advice in a conveyancing transaction

Important Information:

Please note that this course may have compulsory in-person attendance requirements for some teaching activities.  

To participate in any RMIT course in-person activities or assessment, you will need to comply with RMIT vaccination requirements which are applicable during the duration of the course. This RMIT requirement includes being vaccinated against COVID-19 or holding a valid medical exemption.  

Please read this RMIT Enrolment Procedure as it has important information regarding COVID vaccination and your study at RMIT: https://policies.rmit.edu.au/document/view.php?id=209.  

Please read the Student website for additional requirements of in-person attendance: https://www.rmit.edu.au/covid/coming-to-campus  

  

Please check your Canvas course shell closer to when the course starts to see if this course requires mandatory in-person attendance. The delivery method of the course might have to change quickly in response to changes in the local state/national directive regarding in-person course attendance.

School: 525T Business & Enterprise

Campus: City Campus

Program: C6170 - Advanced Diploma of Conveyancing

Course Contact: Theresa Lyford

Course Contact Phone: +61 3 9925 5444

Course Contact Email: theresa.lyford@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

In this course you will acquire the skills and knowledge required to read and interpret legal documents and provide advice to conveyancing clients within a range of contexts and environments. This includes defining the nature and function of documents in a transaction and advising the client about their rights, obligations and alternative courses of action, where required.


This course addresses the following units of competency:  

  • BSBCNV611 - Interpret a Legal Document and Provide Advice in a Conveyancing Transaction 
  • BSBCNV613 - Prepare Legal Documents for a Conveyancing Transaction 

These units are clustered for delivery and assessment.



National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

BSBCNV611 Interpret a legal document and provide advice in a conveyancing transaction

Element:

1. Assess relevant legal principles

Performance Criteria:

1.1 Identify and document statutory and common law principles governing legal document and its function in conveyancing transaction

1.2 Identify and document rules governing construction and interpretation of contracts and other legal documents

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

1.4 Conduct legal research, as required

Element:

2. Identify interests of client

Performance Criteria:

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

2.2 Identify terms essential to protect client’s interests

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

Element:

3. Evaluate document

Performance Criteria:

3.1 Check parties, property, Certificate of Title/s, information and factual details are accurate and relevant

3.2 Check annexures to the document are accurate and relevant

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

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

3.5 Identify information to be obtained from or provided to third parties or other professionals in relation to legal document

Element:

4. Examine document

Performance Criteria:

4.1 Examine legal document and interpret and analyse relevant legal principles and key terms

4.2 Identify and assess rights, responsibilities and liabilities of all parties, expressed or implied in legal document

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

4.4 Identify any non-compliance with legal requirements within legal document

Element:

5. Evaluate issues

Performance Criteria:

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

5.2 Interpret extent to which legal document does or does not protect interests of client

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

Element:

6. Advise client

Performance Criteria:

6.1 Summarise and communicate rights, responsibilities and liabilities of all parties to client, including specific rights of client

6.2 Summarise and communicate legal and non-legal issues and risks arising from legal document to client

Element:

7. Clarify instructions

Performance Criteria:

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

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

7.3 Assist client in selecting a course of action

7.4 Refer client to other professionals for advice on appropriate course of action, where required

Element:

8. Attend to signing legal document

Performance Criteria:

8.1 Identify statutory and other rules governing signing and witnessing of legal documents

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

Element:

9. Document advice

Performance Criteria:

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

9.2 Despatch correspondence to client confirming advice given in relation to legal document and instructions received

9.3 Provide concise instructions on signing and witnessing legal document, where required

Learning Outcomes


On successful completion of this course you will have developed and applied the skills and knowledge required to demonstrate competency in the above elements.



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: 

  • BSBCNV611 - Interpret a Legal Document and Provide Advice in a Conveyancing Transaction 
  • BSBCNV613 - Prepare Legal Documents for a Conveyancing Transaction 


 

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.

Week 1


07/02/22

·       Introduction to Unit and teacher

    • Unit guide – handout
    • Elements of Competency – What will the unit cover
    • Overview of Assessments 1 – 3
    • Subject protocols – methods of delivery/ facilitation
    • Required materials
    • Communication

Sale of Land, Formalities and Compliance


Week 2

14/02/22

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

Week 3

21/02/22

The subdivision process, 

Assessment 1

DUE 27/02/21

Week 4

28/02/22

Selling lots on plan of subdivision, S32 requirements 

Week 5

07/03/22

Selling lots on a plan of subdivision Contract requirements 

Week 6

14/03/22

Contracts for Sale of Land General & Special Conditions (1)

Week 7

21/03/2022

In class assessment AT2 Part 1 Meeting with client simulations

Week 8

28/03/22


Contracts for Sale of Land General & Special Conditions (2)

Week 9

04/04/22

Owners Corporations

Week 10

11/04/22

Stamp Duty, Land Tax, GST and WGT

Semester Break (14th April – 20th April)

Week 11

25/04/22

Sale of Business Part 1

Assessment 2 DUE 1/05/2021

Week 12

02/05/22

Sale of Business Part 2


Week 13

09/05/22

Revision

Week 14

16/05/22

In class assessment AT3 Part 4 Meeting with Vendor simulations DUE, individual simulation may also be held in week 15

Assessment 3 (Written Submissions) DUE 

22/05/22

Week 15

23/05/22

In class assessment AT3 Part 4 Meeting with Vendor simulations may be required DUE


Week 16

30/05/22

This week will be dedicated to re-submission of assessments if needed

Week 17

06/06/22

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

Assessment for this course is ongoing throughout the semester. Your knowledge and understanding of course content is assessed through participation in class exercises, oral presentations and through the application of learned skills and insights to your written tasks. Full assessment briefs will be provided and can be found on CANVAS.


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: 11.59PM Sunday of Week 3

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

Assessment Task 2:Practical Assignment

Due: 11:59PM Sunday of Week 11

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 of Week 14

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