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Follow the links below to find material targeted to the unit's elements, performance criteria, required skills and knowledge

Elements and Performance Criteria

1. Research legal aspects of property law
   • 1.1 Identify client's circumstances that require advice on property law matters
   • Research relevant property law and related legislation, regulation and practice
   • Identify different types of appropriate property transactions and clearly outline their legal context, establishment procedures and purpose
   • Identify relevant legal principles applying to property matters that are relevant to client circumstances
2. Analyse legal issues and risks associated with operation of a business
   • Identify areas of risk in application of law in property matters
   • Analyse how legal issues impact on different types of legal entities and business structures
   • Evaluate relevance to client circumstances and implication of risks for structure, operation and performance of different types of legal entities and business structures
3. Apply knowledge of property laws to client circumstances
   • 3.1 Collect and collate client's available information for analysis
   • Interpret, analyse and process available information to obtain required knowledge applicable to client circumstances
   • Seek advice and guidance of specialist if required, to interpret, analyse and synthesise client and legal information
   • Provide advice to client based on client’s circumstances and relevant law
4. Maintain legal knowledge
   • 4.1 Review client's circumstances and apply any changes in relevant aspects of property law
   • Review relevant legal sources regularly and apply any changes in daily work
   • Access and use systems for keeping up with changes and maintain up-to-date knowledge about relevant legal aspects of property law

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 and advise clients after considering their circumstances and relevant property laws.

Note: If a specific volume or frequency is not stated, then evidence must be provided at least once.

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Knowledge Evidence

To complete the unit requirements safely and effectively, the individual 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.

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