Course Title: Apply legal principles in property law
Part B: Course Detail
Teaching Period: Term1 2023
Course Code: LAW5733C
Course Title: Apply legal principles in property law
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: 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: |
3. Apply knowledge of property laws to client circumstances 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 |
Element: |
4. Maintain legal knowledge |
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 |
Learning Outcomes
Details of Learning Activities
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.
Teaching Schedule
|
|||
Week |
Topic |
Readings and Activities |
Assessment |
1 |
Introduction to course Introduction to the Australian Legal System |
Pre-class work: |
|
2 |
Introduction to the Australian Legal System |
Reading: Power Point 1 Activity: How to stay the PM. |
|
3 |
Native Title & the Torrens System |
Reading: Power Point 2 Activity: Negotiating the Land data website https://www.landata.vic.gov.au/Links to an external site.Links to an external site. |
|
4 |
Leases |
Reading: Power Point 3 Activity: VCAT |
|
5 |
Mortgages 1 |
Reading: Power Point 4 Activity: LMI & COS |
|
|
6 |
Mortgages 2 |
Activity: Buying a House |
Submit Assessment 1 |
7 |
Easements |
Reading: Power Point 5 Activity: Easements |
|
8 |
9 Owners Corporation |
Reading: Activity: Complete Folio in class |
|
9 |
Class Work |
Reading: Activity: Complete Folio in class |
|
10 |
Intellectual Property Copyright |
Reading: Power Point 5 Activity: Compare Apple v Samsung Reading: Power Point 6 Activity: Anzac, Ugg Boots |
Assessment 2 |
11 |
Trade Marks Part 1 |
Reading: Power Point 7 Activity: Search Trade Marks |
|
12 |
Trade Marks Part 2 |
Reading: Power Point 7 Activity: IP Australia |
|
13 |
Patents |
Reading: Power Point 8 Activity: Search IP Australia |
|
14 |
Revision |
Assessment 3 | |
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
You are required to complete 3 tasks. You must successfully complete all 3 tasks to be deemed competent in this course.
TASK 1 Assessment (Due date: Week 6 )
For this Assessment Task you will be answer questions regarding the Australian Legal System and its system of Property Law.
TASK 2 Assessment (Due date: Week 10)
For this assessment task you will required to undertake independent research in the Legal System in the Context of Residential and Commercial Application
TASK 3 Case Studies (Due date: Week 14) Supervised
In class case studies where you will be required to undertake independent research into Intellectual Property in the context of Property Law.
- 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 laws
The Teacher or Course Coordinator may at anytime ask students to demonstrate and/or reproduce assessments to validate their authentici
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 two 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 (VE 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.
Course Overview: Access Course Overview