Course Title: Apply conveyancing process

Part B: Course Detail

Teaching Period: Term2 2017

Course Code: LAW5719

Course Title: Apply conveyancing process

School: 650T Vocational Business Education

Campus: City Campus

Program: C6141 - Advanced Diploma of Legal Practice

Course Contact: Robert Sheen

Course Contact Phone: +61 3 9925 5759

Course Contact Email:

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


Course Description

This unit describes the skills and knowledge required to employ land contract law through a comprehensive knowledge of relevant legislation and the procedures and documentation associated with conveyancing transactions for the sale and purchase of Victorian land, 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, conveyancing department or office, financial institution, bank loans or mortgage department, and/or associated fields within public and/or corporate sectors.

National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VU21638 Apply conveyancing process


1.Specify the main features of contract law relevant to the sale of land

Performance Criteria:

1.1 Outline the principles and minimum requirements for a contract for the sale of land 1.2 Identify and describe the factors that could lead to a contract being void or voidable 1.3 Identify and describe the formal requirements of a contract for the sale of land, including the extent to which written evidence is required for the sale of land to be enforceable 1.4 Identify and describe the nature of an open contract 1.5 Outline the terms implied by common law or equity into a contract where there is no express provision, with reference to: • who carries the risk of damage or destruction of the property following the sale • the vendor's obligations in relation to preservation of the property following sale • the vendor's obligation to disclose defects in title and give a good title free of undisclosed defects • the circumstances in which the caveat emptor principle applies • terms implied as to the time for performance of the contract and whether time is of the essence of the contract


2.Specify and apply the terms that are commonly expressly included in a contract for the sale of land

Performance Criteria:

2.1 Outline and apply the form and content of the standard contract prescribed by the Estate Agents (Contracts) Regulations, including: particulars of sale; special conditions; general conditions, and vendors' statements 2.2 Analyse and apply the conveyancing procedures and obligations that arise from the contract for the sale of land, including: finance clauses; insurance; caveatable interests, and deposit holding procedures


3.Analyse and apply legislation that regulates contracts for the sale of land

Performance Criteria:

3.1 Outline and detail the provisions of the Sale of Land Act relating to terms contracts 3.2 Explain the meaning of the purchaser's right to cool off 3.3 Analyse the requirements for vendors' statements, including the consequences of breach of Section 32 of the Sale of Land Act 3.4 Outline the statutory provisions in relation to insurance of premises, including who bears the risk of damage or destruction of premises, and analyse for application 3.5 Analyse for application, the provisions of the Sale of Land Act relating to dealing with deposits and release of deposit prior to settlement 3.6 Identify and describe the regulation of swimming pools relevant to a conveyancing transaction


4.Analyse and apply the law relating to defective building work and illegal structures in the context of sales of land

Performance Criteria:

4.1 Determine the principles of the common law in relation to the sale of land which includes a defectively constructed or incomplete building and analyse for application 4.2 Identify the provisions of the Domestic Building Contracts Act including implied warranties and obligations of a builder in relation to major domestic building contracts, and analyse for application 4.3 Identify the provisions of the Building Act in relation to insurance obligations of builders, obligations of owner-builders who sell a building, and, warranties required in contracts for the sale of property by an owner-builder, and analyse for application 4.4 Outline the role of the Victorian Civil and Administrative Tribunal in resolving disputes relating to domestic building work 4.5 Define the term illegal structure and analyse, for application, the law relating to a sale of land on which there is an illegal structure


5.Analyse and apply the role of estate agents in the sale process

Performance Criteria:

5.1 Examine the terms of the contracts used to engage an agent 5.2 Outline and debate the legal and ethical obligations of the agent to the vendor and the purchaser 5.3 Research and analyse for application, the rules and legal provisions under Division 4 of the Sale of Land Act for conducting auction sales of real estate, including dummy bids and vendor's bids

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/Blackboard
  • 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)

Note:LAW5719 Apply conveyancing process is co-delivered with COMM5928C Make a presentation


Week Commencing




3 July

Introduction – REVISION – course outline and discussion, Real Estate industry overview, Sale of Land Act



10 July

Real Estate Industry cont’d, and introduction to Contract for Sale of Land documents

Distribute Assessment Task 1 – Case report and presentation


17 July

Section 32 Statements requirements

File processes, searches and certificates, conduct of file



24 July

Contravention of s.32 Sale of Land Act

Research and prepare case study for assessment in week 6


31 July

Analyse contract of sale of land


Distribute Assessment Task 2 – Auction report in weeks 10


7 August

Case Report Oral Presentation 20%

In Class 20% Assessment

Case report and Oral Presentations


14 August

Analyse contract of sale of land – (complete)

Cooling off, finance clauses

Discuss Auction Report Assessment


21 August

Deposits, caveats, Insurance,

Discuss Auction Report Assessment






4 September

Research Week for auction assignment and teacher consultation



11 September

Auction Presentations 30%

Auction/research Presentations-30% (all students to attend)


18 September

Adjustments, Settlement, Breach of contract



25 September

Domestic Building legislation, Illegal structures, Consumer legislation



2 October

Tutorial Questions, Practice Exam



9 October




16 October

Major test – Open Book – 50% - all topics

Assessment task 3 –

Major test – Open Book – 50%


23 October

Review, resits, resubmissions and deferred assessments








Learning Resources

Prescribed Texts


Conveyancing Victoria 2016/17, Simon Libbis

The Sale of Land Act

Other Resources

Recommended text


Conveyancing Victoria 2016/7, Simon Libbis, available from Hybrid Publishers, at student discount (see order form on Blackboard)


Students should refer to latest cases and other references, legislation and websites and other relevant information on the course site on the Blackboard HUB, and prior to classes the lecture outlines and notes.


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:

• investigating documents, and following procedures and obligations relevant to completing a conveyancing transaction
• knowledge of the legislation, principles and practices that regulate contracts for the sale and purchase of land including auction sales
• knowledge of Federal and State legislation, regulations and provisions relevant to undertaking conveyancing
• examination of statutory intervention in contracts of the sale of land
• analysis of law and practices specifically relating to auction sales
• examination of terms implied by courts and commonly expressed contained in contracts for the sale of land

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 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

The assessments for this course have been designed to allow you to demonstrate your competence in a variety of ways.

TASK 1 (Due Date: Week 6 )

Case report and oral presentation (20%)

TASK 2 (Due Date: Week 10)

Auction/research report (30%)

TASK 3 (Due Date: Week 15)

Major test (50%)

You must satisfactorily complete all assessment tasks in order to achieve competency.



Assessment Matrix

Other Information

Submission Requirements

You should:

  • Ensure that you submit assessments on or before the due date.
  • Always retain a copy of your assessment tasks (both hard copy and soft copy).
  • Use a cover sheet that includes a declaration and statement of authorship when you submit work for assessment at RMIT University. You must complete, sign and submit a cover sheet with all work you submit for assessment, whether individual or group work. On the cover sheet you must declare that the work you are presenting for assessment is your own work. An assignment cover sheet for submission of each assessment task is available on Blackboard.
  • Include a footer (appearing on each page of your assessment) with your name, student number, assessment title, course code, course title and page numbers. For example, Kelly Hervey, 324567, Task 2, OHS2345C Ensure safe workplace, Page 1 of 10.

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. For more Information go to:

The application form may be obtained from:

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 two working days after the assessment task deadline or scheduled examination. For more Information go to:;ID=g43abm17hc9w

The application form may be obtained from:

Resubmissions (VE Programs):

You must satisfactorily complete all assessment tasks in order to achieve competency.

If an assessment task is assessed as not yet satisfactory, you will be allowed one resubmission opportunity only. Your teacher will provide feedback detailing what you need to do in order to satisfactorily complete that task, and will set a new deadline for the resubmission within the current semester.

If your resubmission is deemed to be not yet satisfactory then you must apply in writing to your Program Manager outlining the steps you will take to demonstrate competence in that course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as practical.

If your resubmission is deemed satisfactory then you may still achieve competency for the course, provided that all other assessment tasks are satisfactorily completed. Further, if this satisfactory resubmission is of a task that contributes to the overall grading of this course, then it shall only be entitled to receive a score that equates to 50% of the total marks allocated for that task.

Adjustments to Assessment

In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which an adjustment to the assessment arrangements might be granted please access the following website:;ID=7usdbki1fjf31

Marking Guide (Competency)

You must demonstrate through your performance in the Course Assessment Tasks that you have all the required skills and knowledge as specified in the unit of competency (course) you are studying.

Your submitted assessments are the evidence used to determine if you have met all critical aspects of the assessments, and if any critical aspects have not been met, then you cannot be deemed competent in this course.

On each assessment task you will receive feedback against the competency requirements for that task, and the outcome of the task will be recorded as either satisfactory (all requirements have been met) or not yet satisfactory (one or more requirements has not yet been met).

Only when all assessment tasks have been assessed as satisfactory will you be deemed competent in this course.

Marking Guide (Grading)

This course is graded. However, only after achieving competency in this course will you receive a grade corresponding to your level of performance in the course. 

The reported Final Grade will be one of the following:


 Competent with High Distinction


 Competent with Distinction


 Competent with Credit


 Competency Achieved – Graded


 Not Yet Competent (all assessment tasks submitted)


 Did Not Submit (one or more assessment tasks not submitted)

Further details regarding the application of the grading criteria will be provided by your teacher.

Course Overview: Access Course Overview