Course Title: Apply understanding of the Australian legal system

Part B: Course Detail

Teaching Period: Term2 2025

Course Code: LAW5759C

Course Title: Apply understanding of the Australian legal system

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

Michelle Royal-Hebblewhite

Michelle.royal-hebblewhite@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

In this course you will acquire the skills and knowledge required to apply understanding of the Australian legal system. This includes understanding and applying knowledge of the Federal system, sources of law, and the trial system for resolving disputes.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

BSBLEG421 Apply understanding of the Australian legal system

Element:

1. Research sources of law

Performance Criteria:

1.1 Identify sources of Australian law 1.2 Identify hierarchy of sources of law 1.3 Access sources of legislation according to organisational policies and procedures 1.4 Apply principles for reading and interpreting legislation

Element:

2. Identify and revise inconsistencies between laws

Performance Criteria:

2.1 Resolve conflicts between pieces of statute law according to hierarchy of sources of law 2.2 Resolve conflicts between pieces of common law according to hierarchy of courts 2.3 Resolve conflicts between statue and common law according to hierarchy of sources of law

Element:

3. Research the trial system

Performance Criteria:

3.1 Examine elements of the adversary trial system 3.2 Identify and examine differences in law and procedures between civil and criminal proceedings

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

This semester we will be learning 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 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.

This course will be delivered via our existing learning management system, Canvas.

Classes in each of your units will still take place in their normal scheduled time-slots, but instead of being conducted in a face-to-face mode, your teachers will utilise the Collaborate Ultra platform to deliver ‘live’ online classes. These classes delivered online will not only provide you with the required learning materials for those sessions, but they will also enable interactions with your teachers and fellow students via forums or discussion boards.


Teaching Schedule

Program Orientation Session

Prior to training commencement a program level orientation session will be conducted that comprises the following:

  • Program overview and requirements
  • MyRMIT/Canvas
  • 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.

2025

Week

Topic

Learning Activities

Assessment

1 & 2

Introduction and an Overview of the Australian Legal system

Introduction to Law and it sources. Statute – how is it created. Case Law – how is it created. The Constitution – s51 Federal & State and s109

3

Statutory interpretation and Legal referencing

Statutory rules of Statutory Interpretation. Common Law approach to Statutory Interpretation. Legal referencing. Harvard referencing

4

Dispute resolution and Legal language

The role of VCAT. Mediation, Arbitration, Litigation, and Legal language

5

The Adversarial vs. The Inquisitorial systems

English Legal and Constitutional history. Common Law countries. Civil Law countries

6

Criminal trial system vs Civil trial system

Victorian Parliament. Victoria and Commonwealth Constitutional Legal history

7

Common Law & Precedent

Principles of Precedent. Types and rules

8

Conveyancing & the Law

Conveyancers Act 2006. Conveyancers (Professional Conduct) Regulations 2018. Conveyancers (Qualifications and Experience) Regulations 2018

AT1 Due

9

Legal problem solving (I) and revision

The IRAC method.

10 & 11

Doctrine of Reception & Native Title

Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141

12

The Mabo case and Precedent

Mabo v Queensland (No1) [1988] HCA 69 Mabo v Queensland (No2) [1992] HCA 23

13

Resolving conflicts of Laws – Common Law

Executive Power – sources and types

14

Resolving conflicts of Laws – Statute and Common Law

Separation of Powers – The relationship between Parliament, the Judiciary and the Government

15

Resolving conflicts of Laws - Statute

Statutory interpretation The importance of an independent Judiciary

AT2 Due

16

Resit and Resubmit

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

Student support

Your first point of contact for any support needs with your assessments should be your teacher and assessor. If you require further support, you should consider contacting the following support services at RMIT Student Support


Learning Resources

Prescribed Texts

"Conveyancing Victoria, the ultimate guide" by Simon Libbis.

SBN : 1-925736-52-0 ISBN : 1-925736-51-2

References


Other Resources

Online learning materials can be accessed by going into the RMIT website's Online Learning Hub.

The online learning materials listed include:

  • Course outlines
  • Power point Presentations
  • Supporting Reading material
  • Industry relevant articles
  • Activities.

We recommend the following Conveyancing industry textbook which has valuable information for students.

Conveyancing Victoria the ultimate guide, by Simon Libbis. Available from Hybrid Publishers Melbourne

https://www.hybridpublishers.com.au/

RMIT students are able to purchase the book at a hefty discount by using the order form provided in Canvas under the Syllabus & Assignments module and via the link below:

https://rmit.instructure.com/courses/144815/files/43875504?wrap=1


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

Assessment Tasks

In order to achieve competency in this unit, you must satisfactorily complete the criteria for each of the two assessments in this course.

Assessment Task 1: Research Report

Due: Week 8

This assessment task allows you to demonstrate your knowledge on legal systems and jurisdictions within Australia and your knowledge relating to legal issues.

Assessment Task 2: Case Study

Due: Week 15

This assessment will allow you to demonstrate your ability to resolve conflicts of laws in jurisdictions within Australia.


Assessment Matrix

Assessment Matrix

The assessment matrix that maps all the assessments is available on CANVAS.

Other Information

Submission Requirements

  • 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 a footer with your name, student number, the title of the assessment, unit code and title and page numbers.

Resubmissions (VET 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.

Penalties for Late Submission

Late submissions of assignments without special consideration or extension will automatically be considered a re-submission (see above).

Extensions, Special Consideration and Adjustment to Assessments

Extensions:

Extensions are available for unforeseen circumstances of a short-term nature.

An application form must be submitted to the school at least one working day before the due date of the assessment.

Extensions can be approved for a maximum of one week (seven calendar days) past the due date for an assessment. (Where students need an extension exceeding one week they must instead apply for special consideration.)

Special consideration:

Special consideration is available for unexpected circumstances outside students’ control. These include but are not limited to: unexpected short-term ill health, and unavoidable family, work, cultural or religious commitments.

An application for special consideration is made in advance of an assessment wherever possible but will normally be accepted within five working days after the assessment date

For more information, see the Special Consideration page of the RMIT website.

Adjustments to Assessment:

RMIT provides several adjustments to assessment for students experiencing ongoing or long-term circumstances. Find the right one for your circumstances here.

Students requiring support or adjustments for their formal assessment tasks should contact Equitable Learning Services (ELS), for more information on the types of adjustments provided, access RMIT adjustments to assessment.

Changes to the Assessment Scheme

Where a change to assessment approved by the Director/Program Manager changes an assessment due date, students will be given at least five working days’ notice of the new due date.

Feedback

You can expect to receive marks and feedback on in-course assessment work in time to improve your performance in related assessment tasks later in the course.

Academic Integrity and Misconduct

Students demonstrate academic integrity in their assessment practices by:

  • engaging with assessment activities in an honest way;
  • providing accountability for the authorship and originality of work submitted;
  • acknowledging the work of others and the re-use of original work.

Academic misconduct is addressed in accordance with the Student conduct policy

Assessment involving research with human participants, their information or their tissue, or animal subjects is carried out in accordance with the Staff ethics and integrity policy.

For further information see the Academic Integrity website.

Review and Appeal

A student may request a review of an assessment result or appeal a final course grade in accordance with the Conduct of assessment and appeals section of the Assessment Processes.

Grade Criteria

You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.

The following grades are available for this course.

Vocational education grades:

CA - Competency Achieved

NYC - Not Yet Competent

Course Overview: Access Course Overview

Course Overview: Access Course Overview