Course Title: Apply legal principles in property law
Part B: Course Detail
Teaching Period: Term1 2020
Course Code: LAW5733C
Course Title: Apply legal principles in property law
School: 650T Vocational Business Education
Campus: City Campus
Program: C6163 - Advanced Diploma of Accounting
Course Contact: Doug Gourlay
Course Contact Phone: +61 3 9925 5944
Course Contact Email: doug.gourlay@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Anthony Di Stasio
anthony.distasio@rmit.edu.au
Nominal Hours: 60
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 research, analyse and apply legal principles to provide advice on property law matters to clients.
It applies to individuals whose job role involves the application of knowledge of property law in the workplace.
Work functions in the occupational areas where this unit may be used are subject to regulatory requirements. This unit is designed to meet educational requirements of the Tax Practitioner Board (TPB). Refer to the FNS Implementation Guide Companion Volume or the relevant regulator for specific guidance on requirements.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
FNSTPB505 Apply legal principles in property law |
Element: |
1. Research legal aspects of property law |
Performance Criteria: |
1.1 Identify client's circumstances that require advice on property law matters 1.2 Research relevant property law and related legislation, regulation and practice 1.3 Identify different types of appropriate property transactions and clearly outline their legal context, establishment procedures and purpose 1.4 Identify relevant legal principles applying to property matters that are relevant to client circumstances |
Element: |
2. Analyse legal issues and risks associated with operation of a business |
Performance Criteria: |
2.1 Identify areas of risk in application of law in property matters 2.2 Analyse how legal issues impact on different types of legal entities and business structures 2.3 Evaluate relevance to client circumstances and implication of risks for structure, operation and performance of different types of legal entities and business structures |
Element: |
3. Apply knowledge of property laws to client circumstances |
Performance Criteria: |
4.1 Review client's circumstances and apply any changes in relevant aspects of property law 4.2 Review relevant legal sources regularly and apply any changes in daily work 4.3 Access and use systems for keeping up with changes and maintain up-to-date knowledge about relevant legal aspects of property law |
Element: |
4. Maintain legal knowledge |
Performance Criteria: |
3.1 Collect and collate client's available information for analysis 3.2 Interpret, analyse and process available information to obtain required knowledge applicable to client circumstances 3.3 Seek advice and guidance of specialist if required, to interpret, analyse and synthesise client and legal information 3.4 Provide advice to client based on client's circumstances and relevant law |
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 include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.
The collaborative classroom based activities will include group discussion, 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
Course Schedule: Make decisions in a legal context Semester 1 2020 | ||||
Week |
Topic |
Content | Assessment |
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Week 1
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Introduction to Australian legal system (1) |
Refer to canvas shell for weekly reading & activities |
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Week 2
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Introduction to Australian legal system (2) |
Refer to canvas shell for weekly reading & activities |
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Week 3
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Negligence |
Refer to canvas shell for weekly reading & activities |
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Week 4
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Contract law (1) |
Refer to canvas shell for weekly reading & activities |
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Week 5
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Contract law (2) |
Refer to canvas shell for weekly reading & activities |
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Week 6
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Assessment 1 |
Activity: In Class Assessment Negligence & Contract Law |
Assessment 1 |
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Week 7
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Business Structures (1) |
Refer to canvas shell for weekly reading & activities |
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Week 8
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Business Structures (2) |
Refer to canvas shell for weekly reading & activities |
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Week 9
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Compliance |
Refer to canvas shell for weekly reading & activities |
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Week 10
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Assessment 2 |
Activity: Business Structures/Franchising & Compliance |
Assessment 2 |
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Week 11
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Employment law |
Refer to canvas shell for weekly reading & activities |
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Week 12
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Consumer law |
Refer to canvas shell for weekly reading & activities |
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Week 13
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Property law |
Refer to canvas shell for weekly reading & activities |
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Week 14 |
Revision |
Refer to canvas shell for weekly reading & activities |
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Week 15 |
Assessment 3 Case Study |
Assessment 3 Employment & Property Law |
Assessment 3 |
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Week 16 |
Re-sits |
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Learning Resources
Prescribed Texts
References
Other Resources
Overview of Assessment
Performance Evidence
Evidence of the ability to:
- research for any changes to, or new, legislative requirements in relation to property law relevant to the client’s circumstances
- apply current statute, common law and equitable principles in relation to property law that are relevant to the client’s circumstances
- present a recommendation to the client after considering the client’s circumstances and relevant aspects of property laws
Knowledge Evidence
To complete the unit requirements safely and effectively, you must:
- explain the operation of the Australian legal systems and processes relevant to property law including:
- basic principles, current statute, common law and equitable principles
- roles and responsibilities of key organisations
- constitutional considerations
- separation of powers
- basic principles of the law of torts, particularly relating to negligence and negligent misstatement
- courts and regulatory bodies
- outline how laws are enacted and their underlying policy aims
- explain how those laws may be interpreted by existing common law and equitable rules and applied to property laws
- outline legal aspects of real property law:
- the Torrens system
- native title
- leases – commercial and residential
- mortgages and securities
- easements
- restrictive covenants
- co-ownership
- strata and community title
- outline legal aspects of personal property law:
- intellectual property law
- patents
- copyrights
- trademarks
- personal property securities law
Assessment Conditions
Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the tax and legal fields of work and include access to:
- office equipment, technology, software and consumables
- relevant legislation, regulations and codes of practice
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. Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.
You should take note of all feedback received and use this information to improve your learning outcomes and final performance in the course.
Assessment Tasks
TASK 1 (Due Date: End of Week 6 )
For this Assessment Task you will be required to answer questions on the foundation of property law principles.
TASK 2 Folio (Due Date: End of Week 10)
For this assessment task you will required to undertake independent research in various areas of Property Law including Land Titles, Copyright, Patents, Trademarks & Designs.
TASK 3 Case Study (Due Date: End of Week 15)
In class case studies where you:
- apply current statute, common law and equitable principles in relation to property law that are relevant to the client's circumstances
- present a recommendation and advise clients after considering their circumstances and relevant property law
Assessment Matrix
The assessment matrix that maps all the assessment is available on CANVAS under Assignments.
All assessments will utilise a competency-based model and will be deemed as either Satisfactory or Not Yet Satisfactory.
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. (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 footer with your name, student number, the title of the assessment, unit code and title and page numbers.
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
Re-submissions (VE 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.
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:
Final Results
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. 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