Course Title: Take instructions in relation to a conveyancing transaction

Part B: Course Detail

Teaching Period: Term2 2024

Course Code: LAW5755C

Course Title: Take instructions in relation to a conveyancing transaction

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: 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: 120

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 take instructions from a potential client to initiate a conveyancing transaction.

This includes developing the skills to communicate with clients to establish the client’s needs, and identify conflicts of interest, parties, properties and other interests, and determining terms of engagement and contingency strategies.


This course addresses the following units of competency:  

  • BSBCNV511 - Take instructions in relation to a conveyancing transaction 
  • BSBLEG528 - Apply legal principles in property law matters

These units are clustered for delivery and assessment.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

BSBCNV511 Take instructions in relation to a conveyancing transaction

Element:

1. Establish client needs

Performance Criteria:

1.1 Identify and verify the client identity according to practice policies and procedures 

1.2 Identify and clarify client needs and expectations according to practice policies and procedures 

1.3 Determine and discuss optional courses of action with client 

1.4 Check information and documentation in relation to the transaction for accuracy and relevance 

1.5 Obtain mutual agreement regarding responsibilities, obligations and expectations of all parties to the transaction 

1.6 Record and document client’s needs and responsibilities 

Element:

2. Identify any conflict of interest

Performance Criteria:

2.1 Identify and record existing or potential conflicts of interest associated with the transaction 

2.2 Evaluate conflicts of interest and determine required action for the client and practice, and advise client of any necessary action 

Element:

3. Identify parties, properties and other interests

Performance Criteria:

3.1 Identify the roles of various parties involved in the conveyancing transaction 

3.2 Analyse estates and interests in land according to relevant transaction 

3.3 Analyse relevant searches, Certificates of Title and other relevant documents and confirm facts pertaining to the transaction 

3.4 Communicate to the client the title and contract details and respective consequences of the conveyancing transaction 

Element:

4. Determine terms of engagement

Performance Criteria:

4.1 Document terms of engagement which comply with legislative, regulatory and practice requirements and articulate to client clearly and promptly 

4.2 Establish and record client’s agreement with terms 

4.3 Obtain relevant authorities from client and other relevant parties 

4.4 Verify identity of client according to firm policies and procedures 

4.5 Check estimates of fees, disbursements and time for accuracy and completeness and provide to client 

Element:

5. Determine contingency strategies

Performance Criteria:

5.1 Identify contingencies relating to the transaction and advise the client 

5.2 Determine contingency strategies and options and agree in consultation with client 

Element:

6. Initiate the transaction

Performance Criteria:

6.1 Select a course of action which meets the client’s needs according to legislative requirements and practice policy and procedures 

6.2 Advise client of all actions to be implemented to meet their agreed needs and expectations 

6.3 Confirm and record instructions from client to proceed or not to proceed 

6.4 Make referrals to other professionals or third parties, where required 

6.5 Formally open, organise and document all relevant instructions, information, facts and evidence in client file 

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

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 commencing

Topic

Learning Activities

Assessment

1

15 July

Introduction

Introduction to the course, Library research and topic 1 commencement

Engagement Activity 1

2

22 July

Property law

Interests in Land, Fixtures & Chattels

Engagement Activity 2

 3

29 July

Taking instructions

Client Instructions and file opening documentation

Engagement Activity 3

Quiz 1 due end week 3

4

5 August

Co-ownership

Forms of co-ownership

Tenants in common and Joint tenants –

Engagement Activity 4

5

12 August

Titles

Torrens system and old law system titles

Engagement Activity 5

Quiz 2 due end week 5

6

19 August

Titles

Cases and legislation - Transfer of Land Act

Review of Assessment 1 Requirements

7

26 August

Assessment 1 Review Requirement

Individual student consultation appointments

Ass1 Due end of week 7

Mid Semester Break 2/09/24 to 8/09/2024

8

9 September

Titles - Possessory

Adverse possession

Quiz 3 due end week 8

9

16 September

Leasing

Leases and tenancies

 

10

23 September

Leasing Continued

Mortgages Introduction

Leases exercises and Mortgages introduction

Quiz 4 due end week 10

11

30 September

Mortgages

Mortgages, plus exercises

 

12

7 October

Ass 2 Review Requirement

Student consultation and appointments

Ass 2 Meeting requirement with teacher

13

14 October

Easements 

Easements cases and legislation

Quiz 5 Due end of week 13

14

21 October

Covenants

Covenants cases and legislation

Ass 2 Due end of week 14

15

28 October

Review and revision – Property Law

Consultation if required

Quiz 6 due end of week 15

16

4 November

Review and revision – Taking Instructions

Interactive role play

  

17

11 November

Resit and Resubmit

This week will be dedicated to re-submission of assessments if needed

  

18

18 November

Resit and Resubmit

This week will be dedicated to re-submission of assessments if needed

 


Learning Resources

Prescribed Texts


References


Other Resources

Conveyancing Victoria by Simon Libbis is recommended for students to reas, it is available electronically from the RMIT library. Lecture notes and powerpoints will address all significnat issues. 


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 two assignments requiring studentsto complete a portfolio of documents incorparating  cases studies. Assignment 1 is due to be submitted on 1 September 2024 and Assignment 2 on the 27 October 2024.

 

Students must also complete a series of 6 knowledge quizzes on canvas.  The due dates are:

KQ1 4/08/2024

KQ 11/08/2024

KQ 15/09/2024

KQ 29/09/2024

KQ 20/10/2024

KQ 3/11/2024.

 

 


Assessment Matrix

Alll the assessemnt matrices can be found on canvas

Course Overview: Access Course Overview