Course Title: Take instructions in relation to a conveyancing transaction
Part B: Course Detail
Teaching Period: Term1 2024
Course Code: LAW5755C
Course Title: Take instructions in relation to 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
Bill Unkles
Joseph Detering
Nominal Hours: 120
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 take instructions from a potential client to initiate a conveyancing transaction.
This includes developing the skills to communicate with clients to establish the client’s needs, and identify conflicts of interest, parties, properties and other interests, and determining terms of engagement and contingency strategies.
This course addresses the following units of competency:
- BSBCNV511 - Take instructions in relation to a conveyancing transaction
- BSBLEG528 - Apply legal principles in property law matters
These units are clustered for delivery and assessment.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
BSBCNV511 Take instructions in relation to a conveyancing transaction |
Element: |
1. Establish client needs |
Performance Criteria: |
1.1 Identify and verify the client identity according to practice policies and procedures 1.2 Identify and clarify client needs and expectations according to practice policies and procedures 1.3 Determine and discuss optional courses of action with client 1.4 Check information and documentation in relation to the transaction for accuracy and relevance 1.5 Obtain mutual agreement regarding responsibilities, obligations and expectations of all parties to the transaction 1.6 Record and document client’s needs and responsibilities |
Element: |
2. Identify any conflict of interest |
Performance Criteria: |
2.1 Identify and record existing or potential conflicts of interest associated with the transaction 2.2 Evaluate conflicts of interest and determine required action for the client and practice, and advise client of any necessary action |
Element: |
3. Identify parties, properties and other interests |
Performance Criteria: |
3.1 Identify the roles of various parties involved in the conveyancing transaction 3.2 Analyse estates and interests in land according to relevant transaction 3.3 Analyse relevant searches, Certificates of Title and other relevant documents and confirm facts pertaining to the transaction 3.4 Communicate to the client the title and contract details and respective consequences of the conveyancing transaction |
Element: |
4. Determine terms of engagement |
Performance Criteria: |
4.1 Document terms of engagement which comply with legislative, regulatory and practice requirements and articulate to client clearly and promptly 4.2 Establish and record client’s agreement with terms 4.3 Obtain relevant authorities from client and other relevant parties 4.4 Verify identity of client according to firm policies and procedures 4.5 Check estimates of fees, disbursements and time for accuracy and completeness and provide to client |
Element: |
5. Determine contingency strategies |
Performance Criteria: |
5.1 Identify contingencies relating to the transaction and advise the client 5.2 Determine contingency strategies and options and agree in consultation with client |
Element: |
6. Initiate the transaction |
Performance Criteria: |
6.1 Select a course of action which meets the client’s needs according to legislative requirements and practice policy and procedures 6.2 Advise client of all actions to be implemented to meet their agreed needs and expectations 6.3 Confirm and record instructions from client to proceed or not to proceed 6.4 Make referrals to other professionals or third parties, where required 6.5 Formally open, organise and document all relevant instructions, information, facts and evidence in client file |
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
In this course, students will learn the skills and knowledge required to take instructions to commence a conveyancing transaction and to understand principles of property law in accordance with the teaching and learning activity schedule below. The course encompasses completing forms required for a conveyance, reviewing contracts, interpreting property law principles with a contract and corresponding with clients.
Teaching Schedule
Semester 1, 2024
Week commencing |
Topic |
Learning Activities |
Assessment |
|
1 12 February |
Introduction |
Introduction to the course, Library research and topic 1 commencement |
Engagement Activity 1 |
|
2 19 February |
Property law |
Interests in Land, Fixtures & Chattels |
Engagement Activity 2 |
|
3 26 February |
Taking instructions |
Client Instructions and file opening documentation |
Engagement Activity 3 Quiz 1 due end week 3 |
|
4 4 March |
Co-ownership |
Tenants in common and Joint tenants forms of co-ownership |
Engagement Activity 4 |
|
5 11 March |
Titles |
Torrens system and old law system titles |
Engagement Activity 5 Quiz 2 due end week 5 |
|
6 18 March |
Titles |
Cases and legislation - Transfer of Land Act Individual student consultation appointments may commence |
Ass 1 Meeting requirement with teacher |
|
7 25 March |
Assessment 1 Review Requirement |
Individual student consultation appointments |
Ass1 Due end of week 7 |
Mid Semester Break 29/03/24 to 3/04/2024 | |||
|
8 8 April |
Titles - Possessory |
Adverse possession |
Quiz 3 due end week 8 |
|
9 15 April |
Leasing |
Leases and tenancies |
|
|
10 22 April |
Leasing Continued Mortgages Introduction |
Leases exercises and Mortgages introduction |
Quiz 4 due end week 10 |
|
11 29 April |
Mortgages |
Mortgages, plus exercises |
Quiz 5 Due end of week 13 |
|
12 6 May |
Ass 2 Review Requirement |
Student consultation and appointments |
Ass 2 Meeting requirement with teacher |
|
13 13 May |
Easements |
Easements cases and legislation |
|
|
14 20 May |
Covenants |
Covenants cases and legislation |
Ass 2 Due end of week 14 |
|
15 27 May |
Review and revision |
Consultation if required |
Quiz 6 due end of week 15 |
|
16 3 June |
Resit and Resubmit |
This week will be dedicated to re-submission of assessments if needed |
|
|
17 10 June |
Resit and Resubmit |
This week will be dedicated to re-submission of assessments if needed |
Learning Resources
Prescribed Texts
References
Other Resources
Weekly powerpoints, journal articles, legislation and cases.
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
There are two assessments in this course comprising:
1. Opening a conveyancing file, including preparing appropriate documents, writing letter to a client explaining property law principles in a contract of sale of land and a role play meeting with a supervisor to review documents.
2. Opening further conveyancing files, including preparing appropriate documents, role play meeting with a client, taking further instructions from a client and drafting a lease agreement.
Assessment Matrix
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 to the Program Coordinator Suzanne.bevacqua@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