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Evidence Guide: FNSTPB505 - Apply legal principles in property law

Student: __________________________________________________

Signature: _________________________________________________

Tips for gathering evidence to demonstrate your skills

The important thing to remember when gathering evidence is that the more evidence the better - that is, the more evidence you gather to demonstrate your skills, the more confident an assessor can be that you have learned the skills not just at one point in time, but are continuing to apply and develop those skills (as opposed to just learning for the test!). Furthermore, one piece of evidence that you collect will not usualy demonstrate all the required criteria for a unit of competency, whereas multiple overlapping pieces of evidence will usually do the trick!

From the Wiki University

 

FNSTPB505 - Apply legal principles in property law

What evidence can you provide to prove your understanding of each of the following citeria?

Research legal aspects of property law

  1. 1.1 Identify client's circumstances that require advice on property law matters
  2. Research relevant property law and related legislation, regulation and practice
  3. Identify different types of appropriate property transactions and clearly outline their legal context, establishment procedures and purpose
  4. Identify relevant legal principles applying to property matters that are relevant to client circumstances
1.1 Identify client's circumstances that require advice on property law matters

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Research relevant property law and related legislation, regulation and practice

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify different types of appropriate property transactions and clearly outline their legal context, establishment procedures and purpose

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify relevant legal principles applying to property matters that are relevant to client circumstances

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Analyse legal issues and risks associated with operation of a business

  1. Identify areas of risk in application of law in property matters
  2. Analyse how legal issues impact on different types of legal entities and business structures
  3. Evaluate relevance to client circumstances and implication of risks for structure, operation and performance of different types of legal entities and business structures
Identify areas of risk in application of law in property matters

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Analyse how legal issues impact on different types of legal entities and business structures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Evaluate relevance to client circumstances and implication of risks for structure, operation and performance of different types of legal entities and business structures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Apply knowledge of property laws to client circumstances

  1. 3.1 Collect and collate client's available information for analysis
  2. Interpret, analyse and process available information to obtain required knowledge applicable to client circumstances
  3. Seek advice and guidance of specialist if required, to interpret, analyse and synthesise client and legal information
  4. Provide advice to client based on client’s circumstances and relevant law
3.1 Collect and collate client's available information for analysis

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Interpret, analyse and process available information to obtain required knowledge applicable to client circumstances

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Seek advice and guidance of specialist if required, to interpret, analyse and synthesise client and legal information

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Provide advice to client based on client’s circumstances and relevant law

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Maintain legal knowledge

  1. 4.1 Review client's circumstances and apply any changes in relevant aspects of property law
  2. Review relevant legal sources regularly and apply any changes in daily work
  3. Access and use systems for keeping up with changes and maintain up-to-date knowledge about relevant legal aspects of property law
4.1 Review client's circumstances and apply any changes in relevant aspects of property law

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Review relevant legal sources regularly and apply any changes in daily work

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Access and use systems for keeping up with changes and maintain up-to-date knowledge about relevant legal aspects of property law

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

ELEMENT

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1. Research legal aspects of property law

1.1 Identify client's circumstances that require advice on property law matters

1.2 Research relevant property law and related legislation, regulation and practice

1.3 Identify different types of appropriate property transactions and clearly outline their legal context, establishment procedures and purpose

1.4 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

2.1 Identify areas of risk in application of law in property matters

2.2 Analyse how legal issues impact on different types of legal entities and business structures

2.3 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

3.2 Interpret, analyse and process available information to obtain required knowledge applicable to client circumstances

3.3 Seek advice and guidance of specialist if required, to interpret, analyse and synthesise client and legal information

3.4 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

4.2 Review relevant legal sources regularly and apply any changes in daily work

4.3 Access and use systems for keeping up with changes and maintain up-to-date knowledge about relevant legal aspects of property law

Required Skills and Knowledge

ELEMENT

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1. Research legal aspects of property law

1.1 Identify client's circumstances that require advice on property law matters

1.2 Research relevant property law and related legislation, regulation and practice

1.3 Identify different types of appropriate property transactions and clearly outline their legal context, establishment procedures and purpose

1.4 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

2.1 Identify areas of risk in application of law in property matters

2.2 Analyse how legal issues impact on different types of legal entities and business structures

2.3 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

3.2 Interpret, analyse and process available information to obtain required knowledge applicable to client circumstances

3.3 Seek advice and guidance of specialist if required, to interpret, analyse and synthesise client and legal information

3.4 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

4.2 Review relevant legal sources regularly and apply any changes in daily work

4.3 Access and use systems for keeping up with changes and maintain up-to-date knowledge about relevant legal aspects of property law

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.

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.