Course Title: Apply legal principles in property law
Part B: Course Detail
Teaching Period: Term1 2024
Course Code: LAW5733C
Course Title: Apply legal principles in property law
School: 525T Business & Enterprise
Campus: City Campus
Program: C6181 - 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
There are no pre-requisites for this unit.
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 matters1.2 Research relevant property law and related legislation, regulation and practice1.3 Identify different types of appropriate property transactions and clearly outline their legal context, establishment procedures and purpose1.4 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 matters2.2 Analyse how legal issues impact on different types of legal entities and business structures2.3 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: |
3.1 Collect and collate clients available information for analysis3.2 Interpret, analyse and process available information to obtain required knowledge applicable to client circumstances3.3 Seek advice and guidance of specialist if required, to interpret, analyse and synthesise client and legal information3.4 Provide advice to client based on clients circumstances and relevant law |
Element: |
4. Maintain legal knowledge |
Performance Criteria: |
4.1 Review clients circumstances and apply any changes in relevant aspects of property law4.2 Review relevant legal sources regularly and apply any changes in daily work4.3 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
Property Law will be delivered through face-to-face classes and by accessing materials and resources here in Canvas. Online research is strongly encouraged during class as we need to be up-to date on legal issues.
RMIT offers a variety of learning and teaching approaches including group discussions, tutorials, workplace simulated projects, online quizzes, role plays and case studies.
We expect you to participate and contribute in all scheduled 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
Introduction | Welcome and Orientation |
Corporate Governance Introduction
Choosing a Business Structure · Types of Business Structures · Advantages / Disadvantages of Business Structures
Reading: Power points. Corporate Governance Principles and Recommendations Activities: HIH Case Reading: Power-Points Advantages and Disadvantages Summary Activities: Review Questions |
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Week 2 |
The Company · The Corporations Act 2001 · Separate Legal Entity · Shareholders and Limited Liability · Classification of Companies · Registration · Company Obligations · Promoters and Pre-incorporation Contracts |
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Week 3 |
Management · Division of Power within a Company · Types of Directors · How Directors are appointed · Resignation and removal from Office · Appointment of Company Secretary · Remuneration of Directors · Membership |
Reading: Power points Types of Directors Activity: Directors Cases True and False questions |
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Week 4 |
Directors’ Duties · Fiduciary Duties · Statutory Duties · The insolvent trading rule Corporate Reporting |
Reading: Power Points Activity: Directors cases relating to duties, insider trading etc. Review Questions |
Leaning Quiz 1 & 2 due for submission |
Week 5 |
Share Capital & Fundraising · Financial resources of a Company · Classes of Shares · Issuing Shares · Retention of Capital · Share Buy-Backs · Going Public |
Reading: Power points Call and Put option examples share placement Activity: Review Questions |
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Week 6 |
Trusts & Superannuation · Elements of a Trust · Types of Trusts · Continuity of Existence · Winding up Trusts · Superannuation- Purpose, Regulation, types of Superannuation Funds, Regulatory Framework and Proposed Changes |
Reading -Trust power points and Superannuation file Activity: Review Questions |
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Week 7 |
Framework of the Australian Legal System · Origins of Law in Australia · The Australian Constitution · Types of Laws · Sources of Law · Jurisdiction and Hierarchy of Courts |
Reading: Power points Doctrine of Precedent, equity law, court hierarchy
Activity: Review Questions |
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Week 8 |
Negligence and Risk · Meaning of Tort · What law applies to Negligence · The elements of Negligence · Negligent Misstatement · Pure Economic Loss · Defenses to Negligence
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Reading: Power points
Activity: Self test questions
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Assessment 1 Due to be submitted in CANVAS |
Week 9 |
External Administration of Companies · Voluntary Administration · Receivership · Winding Up or Liquidation |
Reading: Power Points Cases Activity: Review Questions
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Feedback on Assessment 1 |
Week 10 |
Risk Management · Risk Assessment · Risk Management framework · Identify Risk · Determine possible causes · Determine possible consequences · Determine current likelihood · Determine Risk Rating · Risk Treatment |
Reading: Power Points RG259 Activity: Review Questions |
Assessment 2 Due for submission |
Week 11 |
Corporate Governance Framework & Ethics · Internal Controls and Corporate Governance · Corporate Governance Requirements · Corporate Governance Structures in Australia · Corporate Governance Regulations · Standards for good Corporate Governance · Management Accountability · ASX Corporate Governance Principles and Recommendations · Ethical Responsibilities |
Reading: Power Points Corporate Governance Handout APES 110 Code of Ethics Activity: Review Questions |
Feedback on Assessment 2 |
Week 12 |
Assessment 3 Part 2 - Meeting with Billy Wright This week students will conduct the meeting with Billy Wright to present a recommendation on suitable business structures after considering the circumstances of Billy and his friends |
Reading: Read Part 2 of Assessment 3 prior to meeting |
This is a requirement for Part 2 of Assessment 3. Students will be allocated a time for the meeting and need to take take minutes during the meeting |
Week 13 |
Revision |
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Week 14 |
Revision |
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Week 15 |
Assessment 3 |
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Assessment 3 Due |
Week 16 |
Re submissions |
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Week 17 |
Re submissions |
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Week 18 |
Resulting |
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Learning Resources
Prescribed Texts
Property Law Penelope McCann2nd Edition (January, 2019) |
ISBN 9781760730710 |
References
Other Resources
Overview of Assessment
In order to achieve competency in this unit, you must provide:
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
Assessors must satisfy NVR/AQTF assessor requirements.
This unit is designed to meet the education requirements of the Tax Practitioner Board (TPB). Where registration with the TPB is sought, assessment must reflect the conditions described by the regulator which stipulate that a significant amount (at least 40%) must be completed under some form of independent supervision. Where recognition of prior learning (RPL) is used, it must also meet the requirements of the Board’s policy on RPL.
Details of requirements can be accessed on the TPB website at <http://www.tpb.gov.au>.
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 15) 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 authenticity.
Assessment Matrix
Assessment Matrix
The assessment matrix that maps all the assessment is available on Canva
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.
Changes to the Assessment Scheme
Where a change to assessment approved by the dean/head of school 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.
CA - Competency Achieved
NYC - Not Yet Competent
DNS - Did Not Submit for assessment
Course Overview: Access Course Overview