Course Title: Determine appropriate aspects of commercial law
Part B: Course Detail
Teaching Period: Term1 2019
Course Code: JUST5749
Course Title: Determine appropriate aspects of commercial law
School: 650T Vocational Business Education
Campus: City Campus
Program: C6141 - Advanced Diploma of Legal Practice
Course Contact: Robert Sheen
Course Contact Phone: 9925-5759
Course Contact Email: robert.sheen@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Andrew Webster
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 appropriately apply aspects of commercial law, including partnerships, bankruptcy, business names, franchises and trusts, in order to support the work of a legal office, practice or associated context.
This unit supports the work of personnel engaged in the operation of a legal office or associated fields within public and/or corporate sectors.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
VU21636 Determine appropriate aspects of commercial law |
Element: |
1.Evaluate Common Law as to agency and the rights, duties and obligations of the parties |
Performance Criteria: |
1.1 Specify the purpose and existence of an agency, including the relationship of the principal, agent and third parties 1.2 Outline the process for the creation of the Agency and distinguish the difference between agencies created 1.3 Identify and assess the scope of an Agent's Authority 1.4 Explain types of Agents and the differences between them 1.5 Specify the duties, rights and liabilities of the agent and analyse for application 1.6 Specify the duties, rights and liabilities of the principal and analyse for application 1.7 Identify the ways in which an agency agreement may be terminated and analyse for application 1.8 Apply the Law of Agency to case examples |
Element: |
2.Identify and assess the key features of forming partnerships |
Performance Criteria: |
2.1 Classify the factors that constitute a partnership and analysed for application 2.2 Specify the factors relevant to forming a partnership and analyse for application 2.3 Compare and contrast, for application to practice, the advantages and disadvantages inherent in an unlimited or general partnership |
Element: |
3.Identify and apply the legal requirements of partnerships |
Performance Criteria: |
3.1 Analyse and determine the relations of partners to outsiders 3.2 Analyse the relationship of partners to each other 3.3 Classify the legal factors relevant to the dissolution or change in composition of a partnership 3.4 Analyse and compare the main features of a limited partnership with a general partnership |
Element: |
4.Analyse the rights and obligations of creditors and debtors |
Performance Criteria: |
4.1 Classify and contrast the legal alternatives available to a creditor in relation to a debtor who fails to pay a debt 4.2 Identify and describe the administration of bankruptcy 4.3 Analyse for application, the legal issues and procedures involved with bankruptcy as a consequence of a creditor's petition 4.4 Specify the procedures and documentation related to a debtor's petition 4.5 Classify and analyse the types of arrangements available under Part X of the Bankruptcy Act, including the circumstances in which such arrangements may be appropriate, with reference to deeds of composition, deeds of assignment and deeds of arrangement 4.6 Examine for application, the nature and uses of a Bankruptcy Act Part IX debt agreement |
Element: |
5.Analyse the consequences of bankruptcy upon the parties involved |
Performance Criteria: |
5.1 Identify the property that is available for distribution amongst creditors under the Bankruptcy Act and analyse the doctrine of relation back, undervalued transactions, transactions to defeat creditors, and undue preferences 5.2 Research and discuss the effects of bankruptcy, on the bankrupt, secured and unsecured creditors and the debtor's property 5.3 Compare for application to practice, the rights of secured and unsecured creditors, in relation to being paid 5.4 Identify and describe the circumstances in which a bankrupt can be discharged from bankruptcy, including the implications for the bankrupt and the creditors |
Element: |
6.Determine and apply the major features of trusts |
Performance Criteria: |
6.1 Identify and describe the major features of trusts 6.2 Compare and contrast, for application, the various reasons for using trusts 6.3 Explain the methods of creating various forms of trusts and their nature 6.4 Identify and describe the legal factors governing the role of trustees 6.5 Analyse the rights of the beneficiaries of a trust with reference to: the circumstances in which they may direct the trustee, and their rights when the trustee has breached a duty as a trustee 6.6 Assess the process of the winding up of trusts with reference to: distribution of assets to beneficiaries as authorised by the trust instrument, release or variation from the trust obligations, and disposition of the trust property |
Element: |
7.Analyse the legal requirements of the use and registration of business, company and association names, and the rights of their owners |
Performance Criteria: |
7.1 Evaluate for application, the legal requirements related to the registration and use of business, company and association names 7.2 Identify the legal protection available to the user of a name in relation to the tort of passing off, Trade Practices Act 1974, tort of deceit, corporations law and Associations Incorporation Act 7.3 Explain the legal authority as representative of partners, those acting on behalf of associations, the trustees, and company directors and officers |
Element: |
8.Analyse the legal nature of franchises |
Performance Criteria: |
8.1 Specify and describe the factors which constitute franchises 8.2 Specify the legal nature of a franchise and analyse for application 8.3 Research and discuss the impact of the Franchising Code of Conduct upon franchises 8.4 Research and discuss the impact of the Trade Practices Act 1974 on franchises 8.5 Research and discuss the rights and liabilities of the parties in franchises |
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 Teaching Schedule for this course is as follows. (Please note that this schedule is subject to change).
Week Beginning |
Topic |
Assessment |
1. |
Overview of Course – Business structures/organisations |
|
2. |
Business structures/organisations, Partnership Law |
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3. |
Partnership Law, |
|
4. |
Partnership Law, Agency law, |
Assessment Task 1 - Research Assignment – to be handed out, due to be submitted electronically in Week 8 – individual assignment Topics - Business structures/organisations, partnership law, agency law. You will receive feedback in Week 10, Resubmission if required in Week 11. |
5. |
Agency Law, Trusts |
|
6. |
Trusts |
|
7. |
Franchises, |
Overview of Assessment Task 2 - Law of Trusts– partly group based, partly individual including outline of criteria for selection of Groups. |
8. |
Franchises, Protection of Commercial Interests by Registration. |
Assessment Task 1 due to be submitted online. |
9. |
Enforcement of civil debts, Bankruptcy |
|
10. |
Bankruptcy |
|
11 |
Bankruptcy |
|
12. |
Assessment task 2 - Presentations |
Assessment Task 2 to be submitted online. Oral Trust presentations |
13. |
Presentations (complete) & Revision |
Remaining Oral trust presentations to be conducted at commencement of this class. Practice Open Book test questions discussed |
14. |
Revision |
Practice Open Book test Questions/solutions |
15. |
Open book Test (2 hours)
|
Assessment Task 3 - Test -Open Book – 2 hours plus 15 minutes reading time. Test will cover following elements:- Rights of creditors and debtors, Bankruptcy, Registration of business names, Franchising law. Feedback by Week 16. Resubmission if required in Week 16. |
16. |
Deferred Assessments, Resubmissions |
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.
Learning Resources
Prescribed Texts
References
James, N. Business Law, 4th edition 2017, John Wiley & Sons Australia Ltd |
9780730328315 |
Other Resources
Overview of Assessment
Critical aspects for assessment and evidence required to demonstrate competency in this unit
In order to demonstrate competency in this unit, you must provide evidence of:
• determining appropriate application of aspects of commercial law including partnerships, bankruptcy, trusts, franchises and business names and with reference to the rights and obligations of the parties
• examining bankruptcy in the context of the rights and obligations of creditors and debtors, and its consequences
• analysing trust in relation to its features, its creation, maintenance and dissolution processes, and the rights and obligations of parties involved
• examining the legal requirements of the business name and the owner’s rights
• analysing the legal nature, regulation and the rights and liabilities of the parties concerned in a franchise
Context for assessment
Assessment must ensure:
• activities are related to a legal practice context
• activities are related to laws, regulations and procedures currently operating across the jurisdictions relevant to this qualification
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 effectiveness 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 Tasks
1. Individual Assignment
- Topics - Agency Law, Business organisations, Partnership Law –
- Assessment takes the form of concept - based questions on Agency Law, Business structures/organisations & Partnership Law, as well as case study questions on Agency law & Partnership law
2. Research report & Oral presentation– Individual /Group
- Topic – Trusts Law
- Assessment takes the form of a group research project on chosen charitable or philanthropic trust or Foundation, which includes group oral presentation and report on research findings, together with further concept based & case study questions on the law of trusts – individual.
3. Class Test Open Book
- Topics – Franchising Law, Registration of Commercial interests, Debt recovery & Bankruptcy
- Assessment takes the form of multiple choice, concept based & case study questions
You must satisfactorily complete all assessment tasks in order to achieve competency.
Assessment Matrix
After achieving Competency, the student's performance is graded as per the following table.
CHD - Competent with high Distinction.
CDI - Competent with Distinction.
CC - Competent with Credit.
CAG - Competency Achieved - Graded.
NYC - Not yet Competent
DNS - Did not Submit for Assessment.
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.
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 FIVE 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:
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: | |||
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CHD |
Competent with High Distinction |
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CDI |
Competent with Distinction |
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CC |
Competent with Credit |
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CAG |
Competency Achieved – Graded |
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CA |
Competency Achieved – Not Graded |
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NYC |
Not Yet Competent |
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DNS |
Did Not Submit for assessment |
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Course Overview: Access Course Overview