Course Title: Determine appropriate aspects of commercial law
Part B: Course Detail
Teaching Period: Term2 2020
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: 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
Anthony Di Stasio
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
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 one competency: VU21636 Determine appropriate aspects of commercial law
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 requiements
- 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: Determine appropriate aspects of commercial law, Semester 2, 2020 | ||
Week |
Topic |
Assessment |
|
Week 1 July 6 |
Overview of Course – Business structures/organisations |
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Week 2 July 13 |
Business structures/organisations, Partnership Law |
|
|
Week 3 July 20 |
Partnership Law |
|
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Week 4 July 27 |
Partnership Law, Agency law |
|
|
Week 5 August 3 |
Agency Law, Trusts |
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Week 6 August 10 |
Trusts |
|
|
Week 7 August 17 |
Franchises |
Assessment Task 1 due |
|
Week 8 August 24 |
Franchises, Protection of Commercial Interests by Registration. |
|
Mid-Semester Break | ||
|
Week 9 September 7 |
Enforcement of civil debts, Bankruptcy |
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Week 10 September 14 |
Bankruptcy |
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Week 11 September 21 |
Bankruptcy |
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Week 12 September 28 |
Assessment Task 2 - Presentations |
Assessment Task 2 Part 1 due Assessment Task 2 Part 2 due in class |
|
Week 13 October 5 |
Presentations (complete) |
Assessment Task 2 Part 2 due in class |
|
Week 14 October 12 |
Resubmissions |
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Week 15 October 19 |
Resubmissions |
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Week 16 October 26 |
Resubmissions |
|
|
Week 17 November 2 |
Grade Entry |
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
Online learning materials can be accessed by going into the RMIT web sites Online Learning Hub.
The online learning materials listed include:
- Course outlines
- Power point Presentations
- Supporting Reading material
- Industry relevant articles
- Activities.
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
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: Individual Research Assignment
Due: 23rd August 2020, Week 7
This assessment will allow you to demonstrate your knowledge on 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.
Assessment Task 2: Research Report & Oral presentation– Individual /Group
Due: Part 1 4th October 2020, Week 12
Due: Part 2 Weeks 13 and 14
This practical assessment will allow you to demonstrate your ability 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.
There are 2 parts to this task, you will be required to complete:
Part 1: Case Analysis
Part 2: Case Presentation
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.
CA - Competency Achieved
NYC - Not Yet Competent
DNS - Did Not Submit for assessment
Course Overview: Access Course Overview