FNSCNV502A - Read and interpret a legal document and provide advice
Assessor Resource
FNSCNV502A Read and interpret a legal document and provide advice
Assessment tool
Version 1.0 Issue Date: May 2024
The unit has application to job roles involving conveyancing transactions in real estate, business or personal assets.
This unit describes the performance outcomes, skills and knowledge required to read and interpret a legal document and provide advice to a conveyancing client within a range of contexts and environments.
It encompasses defining the nature of the document and identifying applicable legal principles governing the document and its function in the transaction; closely examining and interpreting the document to evaluate whether it protects and meet the needs of the client; advising the client on their rights and obligations under the document and, where necessary, advising on alternative courses of action and obtaining further instructions; attending to signing of the document by the client.
This unit may apply to job roles subject to licensing, legislative, regulatory or certification requirements so Commonwealth, State or Territory requirements should be confirmed with the relevant body.
You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)
Employability Skills
This unit contains employability skills.
Evidence Required
List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.
The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.
Overview of assessment
Critical aspects for assessment and evidence required to demonstrate competency in this unit
Evidence of the ability to:
identify legal documents correctly and read and interpret the meaning of legal documents for a client
compare legal requirements with client needs
consistently review legal documents accurately with attention to detail
prepare relevant, accurate and timely advice to clients
oversee a legal document signing
maintain accurate and thorough records.
Context of and specific resources for assessment
Assessment must ensure:
competency is demonstrated in the context of the financial services work environment and conditions specified in the range statement either in a workplace or a closely simulated work environment
access to and use of a range of common office equipment, technology, software and consumables
suitable assessment records showing the preparation of a variety of legal documents to support a transaction.
Method of assessment
A range of assessment methods should be used to assess practical skills and knowledge. The following examples, in combination, are appropriate for this unit:
evaluating an integrated activity, which combines the elements of competency for the unit, or a cluster of related units of competency
verbal or written questioning on underpinning knowledge and skills which may include formal examinations
setting and reviewing workplace projects and business simulations or scenarios
evaluating samples of work
accessing and validating third party reports.
Guidance information for assessment
Submission Requirements
List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, checklist) and due date here
Assessment task 1: [title] Due date:
(add new lines for each of the assessment tasks)
Assessment Tasks
Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.
Required skills
analytical, evaluative and deductive reasoning skills relevant to identifying:
all aspects of a conveyancing transaction
the range of legal documents that may be encountered in a conveyancing transaction
communication skills to:
determine and confirm client requirements, using questioning and active listening as required
liaise with others, share information, listen and understand
use language and concepts appropriate to cultural differences
obtain and clarify instructions from others
gathering, recording and consolidating financial information
IT skills for accessing and using appropriate software such as spreadsheets and databases and using internet information
literacy skills to read and interpret documentation from a variety of sources
numeracy skills to accurately analyse, record and store data in accordance with organisational requirements
organisational skills, including the ability to plan and sequence work
problem solving skills to address issues that may arise in relation to legal documents in conveyancing transactions
research and analysis skills for accessing, interpreting and managing complex information
skills to negotiate with other professionals and skills to interview, take instructions and clarify instructions
Required knowledge
business principles and law applicable to conveyancing transactions, including legislative and general law (common law and equity) principles
types of transactions for personal, business or real estate conveyancing
relevant types of contracts and other documents used in conveyancing
current definitions of conflict of interest within legislation and the industry
current legislative, regulatory and industry practices, procedures and services
insurance requirements relevant to a conveyancing transaction
language of the law/plain language vocabulary
policies, procedures and business requirements of the practice
professional and industry terminology
relevant consumer protection requirements
relevant legislation and common law
rules and procedures for use of precedents and statutory forms
rules of construction and interpretation of documents
use of particular words or terms causing problems (e.g. shall/may/must/will)
The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.
Documents may include:
abstract of title
acknowledgement under succession laws
agency agreement
agreement for assignment of lease
agreement for sale of shares
caveat
contracts of sale
corporate constitution
deed of conveyance
deed of guarantee
deed of mortgage
deed of variation of contract for sale
discharge of mortgage
documents creating easements, restrictive covenants, positive covenants, profits a prendre and other proprietary interests in land
loan contract
mortgage
notice of claim for compensation
notice of death (surviving joint tenant)
notice of rescission of agreement for sale of land
notice of sale
notice to complete
option contracts
power of attorney
requisitions on title
residential tenancy agreement
retail lease agreement
transfer
transfer of shares
transfer under power of sale
transmission application
variation of mortgage.
Statutory and general law principles may include the law relating to:
agency, including powers of attorney
bankruptcy and insolvency
civil liability (in particular the tort of negligence)
construction of contracts and other documents
consumer protection
contracts
family law
finance and securities, including mortgages and guarantees
insurance
law of vendor and purchaser
leases and tenancies
legal drafting
negotiable instruments (in particular cheques)
revenue law applicable to conveyancing transactions
sale and transfer of real and personal property
succession and estates
the conveyancing process
title systems and analysis
trusts and business structures.
Rules governing construction and interpretation may include:
classification of terms:
conditions
warranties
intermediate terms
conditions precedent
conditions subsequent
collateral contracts
distinction between representations and terms
entire agreement clauses
exclusion or limitation clauses
express terms
implied terms, in particular terms implied by conveyancing and transfer of land statutes
parol evidence in relation to written documents
penalties, termination and forfeiture clauses
rectification
rules relating to deeds, including preliminary parts of a deed, recitals, operative parts and attestation
statutory rules regarding construction of conveyance of any property beneficially to two or more persons together
stipulations as to time (including 'time of the essence' clauses)
rules of construction and interpretation of document including:
ordinary natural meaning of words, the expressed intention rather than intention of parties ascertained from exterior (the literal meaning rule)
reasonable construction to be preferred in case where ambiguous
the document is to be read as a whole
the document will be construed against the party responsible for choosing its language
to express one is to exclude the other
words of the same kind will restrict the general
words to be constructed so that the object is carried out
words to be interpreted to give some effect.
Procedural or formal requirements may include those relating to:
annexures to documents
attestation clauses
deeds
documents to be lodged at a land registry, or other government authority
recitals
schedules to documents
Statutory or prescribed forms may include:
forms prescribed by conveyancing or transfer of land statutes
prescribed form of notices for inclusion in a contract for sale
prescribed form of power of attorney
prescribed form of residential tenancy agreement, or retail tenancy agreement
Torrens title dealing forms.
Relevant legal principles may include the law relating to:
agency, including powers of attorney
bankruptcy and insolvency
civil liability (in particular the tort of negligence)
construction of contracts and other documents
consumer protection
contracts
family relations law
finance and securities, including mortgages and guarantees
insurance
law of vendor and purchaser
leases and tenancies
legal drafting
negotiable instruments (in particular cheques)
revenue law, applicable to conveyancing transactions
sale and transfer of real and personal property
succession and estates
the conveyancing process
title systems and analysis
trusts and business structures.
Statutory and other rules governing signing and witnessing may include:
directions issued from time to time by a registrar general
provisions in conveyancing legislation relating to execution of deeds and instruments by or on behalf of corporations
provisions in the Corporations Act or other relevant act, relating to agent exercising a company's power to make contracts, execution of documents (including deeds) by the company itself and entitlement to make assumptions
provisions relating to documents lodged for registration at a land registry
provisions relating to execution of deeds and other documents by an agent acting on behalf of a party to the deed or other document
provisions relating to signature and attestation of deeds.
Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.
Observation Checklist
Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice
Yes
No
Comments/feedback
The legal nature of the document is defined
The function and significance of the document in the conveyancing transaction is identified
Statutory and general law principles governing the document and its function in the conveyancing transaction are identified
Rules governing construction and interpretation of contracts and other legal documents are identified
Rules for use of precedents, standard form contracts, and statutory forms are identified
Appropriate legal research is carried out, as required
Legal interests of the client in relation to the subject matter of the document are identified
Terms essential to protect the client's interests are identified
Non-legal interests and other needs of the client in relation to the subject matter of the document are identified
Parties, property, information and factual details are checked for accuracy and relevance
Annexures to the document are checked for accuracy and relevance
Where the document or an annexure is required to comply with a procedural or formal requirement, the document or annexure is checked for compliance
Where the document or an annexure comprises a statutory or prescribed form, it is checked for compliance with statutory and practice requirements
Information to be obtained from or provided to third parties or other professionals in relation to the document is identified
Applying relevant legal principles, the terms of the document are examined closely
Key terms are interpreted and analysed
Rights, responsibilities and liabilities of all parties, expressed or implied in the document, are identified and assessed
Any lack of conformity with client's initial instructions is identified
Any gaps, lack of certainty or ambiguity in language is identified
Any non-compliance with legal principles within the document is identified
Legal issues and risks to the client arising from the document are identified
Non-legal issues and risks to the client are identified
Extent to which the document does or does not protect the interests of the client is identified
Key terms or points for negotiation with third parties or other professionals are identified
Rights, responsibilities and liabilities of all parties are summarised and clearly communicated to the client
Client's specific rights, responsibilities and liabilities are stressed and clarified for the client
Legal issues and risks arising from the document are summarised and clearly communicated to the client
Non-legal issues and risks arising from the document are summarised and clearly communicated to the client
Where it is considered the document does not adequately protect the interests of the client, or meet the client's other needs, alternative courses of action are determined and discussed with the client
Legal and non-legal consequences for each alternative are summarised and clearly communicated to the client
Client is assisted in selecting a course of action
Statutory and other rules governing signing and witnessing of documents, including deeds, are identified
Relevant rules governing signing and witnessing of documents are applied in the execution of the document by the client
A file note recording the substance and details of the advice given to the client and the instructions received, is prepared
Correspondence confirming the advice given in relation to the document, and instructions received is despatched to client
Where the document is not signed in the conveyancer's office, clear and concise instructions on signing and witnessing document is included in correspondence dispatched to client
Forms
Assessment Cover Sheet
FNSCNV502A - Read and interpret a legal document and provide advice
Assessment task 1: [title]
Student name:
Student ID:
I declare that the assessment tasks submitted for this unit are my own work.
Student signature:
Result: Competent Not yet competent
Feedback to student
Assessor name:
Signature:
Date:
Assessment Record Sheet
FNSCNV502A - Read and interpret a legal document and provide advice
Student name:
Student ID:
Assessment task 1: [title] Result: Competent Not yet competent
(add lines for each task)
Feedback to student:
Overall assessment result: Competent Not yet competent