Course Title: Interpret a legal document and provide advice in a conveyancing transaction
Part B: Course Detail
Teaching Period: Term2 2024
Course Code: JUST5758C
Course Title: Interpret a legal document and provide advice in a conveyancing transaction
Important Information:
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: C6170 - Advanced Diploma of Conveyancing
Course Contact: Theresa Lyford
Course Contact Phone: +61 3 9925 5444
Course Contact Email: theresa.lyford@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Nominal Hours: 80
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
In this course you will acquire the skills and knowledge required to read and interpret legal documents and provide advice to conveyancing clients within a range of contexts and environments. This includes defining the nature and function of documents in a transaction and advising the client about their rights, obligations and alternative courses of action, where required.
This course addresses the following units of competency:
- BSBCNV611 - Interpret a Legal Document and Provide Advice in a Conveyancing Transaction
- BSBCNV613 - Prepare Legal Documents for a Conveyancing Transaction
These units are clustered for delivery and assessment.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
BSBCNV611 Interpret a legal document and provide advice in a conveyancing transaction |
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Element: |
1. Assess relevant legal principles |
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Performance Criteria: |
1.1 Identify and document statutory and common law principles governing legal document and its function in conveyancing transaction 1.2 Identify and document rules governing construction and interpretation of contracts and other legal documents 1.3 Identify and document rules for use of precedents, standard form contracts, and statutory forms 1.4 Conduct legal research, as required |
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Element: |
2. Identify interests of client |
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Performance Criteria: |
2.1 Identify legal interests of the client in relation to subject matter of legal document 2.2 Identify terms essential to protect client’s interests 2.3 Identify non-legal interests and other needs of the client in relation to the subject matter of the document |
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Element: |
3. Evaluate document |
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Performance Criteria: |
3.1 Check parties, property, Certificate of Title/s, information and factual details are accurate and relevant 3.2 Check annexures to the document are accurate and relevant 3.3 Check legal document or an annexure for compliance if it is required to comply with a procedural or formal requirement 3.4 Check legal document or annexure for compliance with statutory and practice requirements if it comprises a statutory or prescribed form 3.5 Identify information to be obtained from or provided to third parties or other professionals in relation to legal document |
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Element: |
4. Examine document |
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Performance Criteria: |
4.1 Examine legal document and interpret and analyse relevant legal principles and key terms 4.2 Identify and assess rights, responsibilities and liabilities of all parties, expressed or implied in legal document 4.3 Identify conformity with client’s initial instructions and any gaps, lack of certainty or ambiguity in the language 4.4 Identify any non-compliance with legal requirements within legal document |
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Element: |
5. Evaluate issues |
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Performance Criteria: |
5.1 Assess legal and non-legal issues and risks to the client arising from legal document 5.2 Interpret extent to which legal document does or does not protect interests of client 5.3 Interpret key terms or points for negotiation or referral with third parties or other professionals |
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Element: |
6. Advise client |
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Performance Criteria: |
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Element: |
7. Clarify instructions |
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Performance Criteria: |
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Element: |
8. Attend to signing legal document |
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Performance Criteria: |
8.1 Identify statutory and other rules governing signing and witnessing of legal documents 8.2 Apply relevant rules governing signing and witnessing of documents in the execution of legal document by client |
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Element: |
9. Document advice |
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Performance Criteria: |
9.1 Prepare file note recording the substance and details of the advice given to client and instructions received 9.2 Despatch correspondence to client confirming advice given in relation to legal document and instructions received 9.3 Provide concise instructions on signing and witnessing legal document, where required |
Learning Outcomes
On successful completion of this course you will have developed and applied the skills and knowledge required to demonstrate competency in the above elements.
Details of Learning Activities
Classes will be conducted LIVE ONLINE 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.
Teaching Schedule
Week |
Topic |
Assessment Remarks |
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Week 1 15 July |
Introduction to Unit and teacher Unit guide – handout Elements of Competency – What will the unit cover Overview of Assessments 1 – 3 Subject protocols – methods of delivery/ facilitation Required materials Communication Sale of Land, Formalities and Compliance |
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Week 2 22 July |
Development of multiple ownership: company share, stratum titles, strata & cluster titles |
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Week 3 29 July |
The subdivision process, |
Assessment 1 DUE 3/03/2024 |
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Week 4 5 August |
Selling lots on plan of subdivision, S32 requirements |
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Week 5 12 August |
Selling lots on a plan of subdivision Contract requirements |
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Week 6 19 August |
Contracts for Sale of Land General & Special Conditions (1) |
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Week 7 26 August |
In class assessment AT2 Part 1 Meeting with client simulations |
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MID SEMESTER BREAK 2/09/24 to 8/09/2024 |
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Week 8 9 September |
Contracts for Sale of Land General & Special Conditions (2) |
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Week 9 16 September |
Owners Corporations |
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Week 10 23 September |
Stamp Duty, Land Tax, GST and WGT |
Assessment 2 DUE 22/09/2024 |
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Week 11 30 September |
Sale of Business Part 1 |
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Week 12 7 October |
Sale of Business Part 2 |
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Week 13 14 October |
Revision |
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Week 14 21 October |
In class assessment AT3 Part 4 Meeting with Vendor simulations DUE, individual simulation October also be held in week 15 |
Assessment 3 (Written Submissions) DUE 25/05/2024
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Week 15 28 October |
In class assessment AT3 Part 4 Meeting with Vendor simulations if required |
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Week 16 4 November |
This week will be dedicated to re-submission of assessments if needed |
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Week 17 14 November |
This week will be dedicated to re-submission of assessments if needed |
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21 November |
Grade Entry |
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Learning Resources
Prescribed Texts
References
Other Resources
Students are recommended t use Simn Libbis Conveyancing Victoira as a useful text. It is available on-line from the RMIT Library.
Overview of Assessment
Assessment for this course is ongoing throughout the semester. Your knowledge and understanding of course content is assessed through participation in class exercises, oral presentations and through the application of learned skills and insights to your written tasks. Full assessment briefs will be provided and can be found on CANVAS.
Assessment Tasks
There will be three assessmwnt tasks. Assessemnt task 1 comprises short answer questions and is due on 4 August 2024.
Assessemnt task 2 is portfolio tak requiring a review and preparation of legal documentation for an off the plan residential property purchase. This task is due on 29/ Septemebr 2024.
Assessemnt Task 3 requires the preparation of documentation for the sale of a property using a terms contract. This task is due on 29 Ocotboer 2024.
Assessment Matrix
Detaisl of assessemnt matrices can be found on canvas.
Course Overview: Access Course Overview