Course Title: Identify and apply legal requirements for a conveyancing transaction
Part B: Course Detail
Teaching Period: Term2 2022
Course Code: JUST5759C
Course Title: Identify and apply legal requirements for 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
Joanne Mackay
Joseph Detering
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
In this course you will acquire the skills and knowledge required to analyse and interpret legal requirements for conveyancing transactions within a range of contexts and environments. This includes identifying and applying statutory interpretation techniques, identifying and tracking changes to relevant legislation and codes of conduct, and maintaining appropriate records.
This course addresses the following units of competency:
- BSBCNV612 - Identify and apply legal requirements for a conveyancing transaction
- BSBCNV615 - Interpret search results for a conveyancing transaction
These units are clustered for delivery and assessment .
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
BSBCNV612 Identify and apply legal requirements for a conveyancing transaction |
Element: |
1. Interpret legal principles and legislative requirements |
Performance Criteria: |
1.1 Identify conveyancing practice’s legal framework 1.2 Access legislation and regulations relevant to the provision of conveyancing services 1.3 Interpret relevant legislation and its application to conveyancing practice 1.4 Identify and analyse relevant case law for relevant legal principles |
Element: |
2. Evaluate legislative requirements |
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 interpretation rules and techniques relating to legislation and regulations in conveyancing transactions |
Element: |
3. Track and interpret changes to legislation and regulations |
Performance Criteria: |
3.1 Identify processes that lead to changes in legislation and regulations 3.2 Access source documents for amendment legislation relevant to provision of conveyancing services 3.3 Establish 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 relevant people in line with agency policies and procedures |
Element: |
4. Comply with codes of conduct |
Performance Criteria: |
4.1 Source and access relevant 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 Confirm own 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, regulations and codes of conduct |
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
Classes will be conducted LIVE ONLINE 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 there will be LIVE ONLINE classes and 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 do not 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 any updated details via Canvas announcements.
Teaching Schedule
This course is comprised of two co-delivered and co-assessed competencies:
- BSBCNV615 - Interpret search results for a conveyancing transaction (RMIT code LAW 5757C)
- BSBCNV612 - Identify and apply legal requirements for a conveyancing transaction (RMIT code LAW 5759C)
Induction Session Review
Prior to training commencement a program level induction session was conducted in semester 1 which comprised 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: Legal Requirements, Semester 2, 2022 | ||
Week |
Topic |
Assessment |
|
Week 1 (beginning 4 July 2022) |
Intro to course, materials, Canvas, Discussion Board Real Estate Agents' Industry Real Estate Industry exercises |
|
Week 2 |
Contract of sale and general conditions, special conditions |
|
Week 3 |
The contract of sale continued | Discuss assessment 1 requirements |
Week 4 |
S.32 vendor's statement requirements Searches and certificates |
|
Week 5 |
Contravention of s.32, cases, consumer law | |
Week 6 |
Cooling off, finance clauses, deposits |
|
Week 7 |
Caveats & Insurance |
Assessment 1: Case study due (end of week 7 - 11.59pm) Discuss Assessment 2 requirements |
Week 8 |
INDUSTRY PRESENTATION NIGHT |
|
|
Mid semester break - 29 August to 2 Sept 2022 |
|
Week 9 |
Building legislation, Misdescription, illegal structures
|
(Student consultation Ass 2 - auction documents or topic content) |
Week 10 |
Role play for Ass 2 requirements |
Compulsory Attendance requirement |
Week 11 |
Terms Contracts Introduction |
|
Week 12 |
Adjustments |
Assessment 2 - AUCTION Reports Due (end of week 12 - 11.59pm) |
Week 13 |
Review breach of contract general conditions Intro to settlement. |
|
Week 14 |
Revision & student questions | |
Week 15 |
Marking and resubmissions |
|
Week 16 |
Resubmissions Review PEXA caveat process (optional). Review Adjustments (optional) |
Review of PEXA and adjustments aimed at students not already working in conveyancing practice |
Week 17 |
Grade Entry |
Learning Resources
Prescribed Texts
References
Other Resources
Online learning materials and all relevant resources are available on Canvas and 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 two assessments in this course.
Assessment Task 1: Case Study Portfolio
Due: 11:59 PM Sunday 21 August 2022
This assessment task has been designed to give you the opportunity to demonstrate your level of knowledge and understanding of the material covered in class from Weeks 1 – 6. This includes relevant items of legislation and the ability to refer to the respective case law to effectively support their answers.
Assessment Task 2: Auction Research Report and Portfolio
Due: 11:59PM Sunday 2 October 2022
This assessment task has been designed to give you the opportunity to demonstrate your ability to experience and report on a live auction and understand the required processes that are part of an auction. You will further have the opportunity to critically reflect upon the specific legal matters contained within important documents such as the contract of sale of land, section 32 of the Sale of Land Act 1962 and relevant case law and legislation. A role play communication with your client is a compulsory requirement of this assessment scheduled for the week 10 class.
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, submitted to steven.hansen@rmit.edu.au
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