Unit Outline

This unit centres on settling a standard transfer of property from the legal perspective of acting for both a vendor and a purchaser in accordance with land use legislation in Tasmania. Key steps to cover include: • drafting a contract for sale • obtaining a title and list map • preparing and submitting a transfer • preparing a settlement statement, and • attending and settling a property transaction. There is also a sub-module on wills and estates which includes drafting a will, administering deceased estates and taking action to resolve any issues that arise in accordance with a client’s instructions and having regard to the law. Assessment will be both formative and summative, with general and individual feedback provided. Opportunity will be provided for an activity, task or assignment to be resubmitted if you do not meet the requisite standard on first submission.

Intended Learning Outcomes

As per the Assessment and Results Policy 1.3, your results will reflect your achievement against specified learning outcomes.

On completion of this unit, you will be able to:


1.	Prepare and advise on a contract of property sale that is executed according to law and good practice
2.	Undertake pre-settlement tasks when acting for a purchaser and a vendor
3.	Prepare a settlement agenda and perform the settlement on behalf of a purchaser and a vendor
4.	Draft a will and advise a client in relation to administering an estate

Requisites


REQUISITE TYPE	REQUISITES
Pre-requisite	Admission into L6B - Graduate Diploma of Legal Practice

Alterations as a result of student feedback

We have provided more guidance on how your final result is determined.

How will I be Assessed?

For more detailed assessment information please see MyLO.

Assessment schedule


ASSESSMENT TASK #	ASSESSMENT TASK NAME	DATE DUE	WEIGHT	LINKS TO INTENDED LEARNING OUTCOMES
Assessment Task 1:	Assessment Task: End-of-course practical task	Refer to Assessment Description	20 %	LO1, LO2, LO3
Assessment Task 2:	Assessment Task: Wills and Estates	Refer to Assessment Description	20 %	LO3, LO4
Assessment Task 3:	Assessment Task: Settle property transfer as vendor	Refer to Assessment Description	30 %	LO1, LO2, LO3
Assessment Task 4:	Assessment Task: Settle property transfer as purchaser	Refer to Assessment Description	30 %	LO1, LO2, LO3

Assessment details

Assessment Task 1: Assessment Task: End-of-course practical task

Task Description:

A formal assessment task will be set at the conclusion of the unit covering content delivered.

The end-of-course practical task will be summatively assessed and must be undertaken for satisfactory completion of the unit. You are provided with an opportunity to resubmit any aspect of the task if you do not meet the expected standard.

Due Date: Week 23

Task Length:

Due Date:

Refer to Assessment Description

Weight:

20 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Undertake standard steps in a property transaction on behalf of a vendor and a purchaser	LO1, LO2, LO3
2	Evaluate and communicate identified risks associated with a standard property transaction to advise in the interests of a vendor and a purchaser	LO1, LO2, LO3

Assessment Task 2: Assessment Task: Wills and Estates

Task Description:

There are 4 tasks: 3 wills and an estate exercise. The first 2 tasks are hurdle tasks, leading to the final two tasks, which are summatively assessed.

You will observe a client interview and take instructions to prepare and execute a series of wills, and then advise your client on the administration of estates and the preparation of an application for a grant of probate.

Due Date: Week 15

Task Length:

Week 8 – Week 15

Due Date:

Refer to Assessment Description

Weight:

20 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Undertake standard steps in obtaining instructions from the client and drafting a legal will	LO4
2	Obtain instructions, advise the client and draft a grant of probate	LO4
3	Identify and assist the client with options and take action to resolve wills and estate issues	LO3

Assessment Task 3: Assessment Task: Settle property transfer as vendor

Task Description:

In response to learning and content delivered via weekly workshop activities, you will undertake several short tasks to demonstrate competency in the application of the skills learned. Tasks set are a combination of individual or group-based tasks and opportunity for completion will be provided within the workshop structure in addition to outside the formal curriculum structure.

In relation to Tasmanian property law, you will advise on the contract and act for the vendor before, during and after the settlement.

Steps to settle property on behalf of a vendor include:
• drafting a contract for sale
• obtaining a title and list map
• preparing and submitting a transfer
• preparing a settlement statement
• attending and settling a property transaction

Assessment of the tasks is formative.

Due Date: Weeks 15 and 22

Task Length:

Varies

Due Date:

Refer to Assessment Description

Weight:

30 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Evidence legal knowledge of key elements of property practice and how these apply to legal practice	LO1, LO2, LO3
2	Research and communicate to convey, lease and mortgage property on behalf of a vendor	LO1, LO2, LO3
3	Conduct settlement components to meet the objectives of a client	LO2, LO3

Assessment Task 4: Assessment Task: Settle property transfer as purchaser

Task Description:

In response to learning and content delivered via weekly workshop activities, you will undertake several short tasks to demonstrate competency in the application of the skills learned. Tasks set are a combination of individual or group-based tasks and opportunity for completion will be provided within the workshop structure in addition to outside the formal curriculum structure.

In relation to Tasmanian property law, you will advise on the contract and act for the purchaser before, during and after the settlement.

Steps to settle property on behalf of a purchaser include:
• drafting a contract for sale
• obtaining a title and list map
• preparing and submitting a transfer
• preparing a settlement statement
• attending and settling a property transaction

Assessment of the tasks is formative.

Due Date: Weeks 15 and 22

Task Length:

Varies

Due Date:

Refer to Assessment Description

Weight:

30 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Evidence legal knowledge of key elements of property practice and how these apply to legal practice	LO1, LO2, LO3
2	Research and communicate to convey, lease and mortgage property on behalf of a purchaser	LO1, LO2, LO3
3	Conduct settlement components to meet the objectives of a client	LO2, LO3

How your final result is determined

No assessment process in this Unit or across the GDLP will involve the awarding of “marks”, in percentage terms, or otherwise. That is because, in legal practice, service to clients is not measured in percentage terms, but in being efficient and effective.

Your work in this Unit will be assessed against the standard required of an entry level lawyer and if it meets that standard it will be awarded a “pass”.

To pass this Unit, you need to demonstrate your attainment of the competency standards outlined above, to a “satisfactory” standard. As assessment for each Unit is both formative and summative, in the event you do not initially attain competency to a “satisfactory” standard regarding a task or assignment, you may be requested and provided with an opportunity to resubmit that task or assignment.

Any discussion regarding resubmission requirements will be communicated to you by the Unit Co-ordinator or Course Director on behalf of the Unit Co-ordinator.

Subject to attendance requirements being met, you may expect to satisfactorily complete this Unit if you demonstrate you have met the required competency standard.

Submission of assignments

Where practicable, assignments should be submitted to an assignment submission folder in MYLO. You must submit assignments by the due date or receive a penalty (unless an extension of time has been approved by the Unit Coordinator). Students submitting any assignment in hard copy, or because of a practicum finalisation, must attach a student cover sheet and signed declaration for the submission to be accepted for marking.

Requests for extensions

If you are unable to submit an assessment task by the due date, you should apply for an extension.

A request for an extension should first be discussed with your Unit Coordinator or teaching support team where possible. A request for an extension must be submitted by the assessment due date, except where you can provide evidence it was not possible to do so. Typically, an application for an extension will be supported by documentary evidence: however, where it is not possible for you to provide evidence please contact your Unit Coordinator.

The Unit Coordinator must notify you of the outcome of an extension request within 3 working days of receiving the request.

Late penalties

Assignments submitted after the deadline will receive a late penalty of 5% of the original available mark for each calendar day (or part day) that the assignment is late. Late submissions will not be accepted more than 10 calendar days after the due date, or after assignments have been returned to other students on a scheduled date, whichever occurs first. Further information on Late Penalties can be found on the Assessments and Results Procedure.

Review of results and appeals

You are entitled to ask for a review of the marking and grading of your assessment task if there is an irregularity in the marking standards or an error in the process for determining the outcome of an assessment. Details on how to request a review of a mark for an assignment are outlined in the Review and Appeal of Academic Decisions Procedure.