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Elements and Performance Criteria

1. Define nature of document
   • Define the nature of the legal document
   • Identify the function and significance of the document in the conveyancing transaction
2. Identify relevant legal principles
   • Identify statutory and general law principles governing the document and its function in the conveyancing transaction
   • Identify rules governing construction and interpretation of contracts and other legal documents
   • Identify rules for use of precedents, standard form contracts, and statutory forms
   • Conduct appropriate legal research, as required
3. Identify interests of client
   • Identify legal interests of the client in relation to the subject matter of the document
   • Identify terms essential to protect the client’s interests
   • Identify non-legal interests and other needs of the client in relation to the subject matter of the document
4. Check document for accuracy
   • Check parties, property, information and factual details for accuracy and relevance
   • Check annexures to the document for accuracy and relevance
   • Check the document or an annexure for compliance if it is required to comply with a procedural or formal requirement
   • Check the document or annexure for compliance with statutory and practice requirements if it comprises a statutory or prescribed form
   • Identify information to be obtained from or provided to third parties or other professionals in relation to the document
5. Examine document
   • Closely examine the document and interpret and analyse relevant legal principles and key terms
   • Identify and assess rights, responsibilities and liabilities of all parties, expressed or implied in the document
   • Identify any lack of conformity with client’s initial instructions and any gaps, lack of certainty or ambiguity in the language
   • Identify any non-compliance with legal principles within the document
6. Evaluate issues
   • Assess legal and non-legal issues and risks to the client arising from the document
   • Interpret extent to which the document does or does not protect the interests of the client
   • Interpret key terms or points for negotiation with third parties or other professionals
7. Advise client
   • Summarise and clearly communicate rights, responsibilities and liabilities of all parties to the client, including specific rights of the client
   • Summarise and clearly communicate legal and non-legal issues and risks arising from the document to the client
8. Clarify instructions
   • Determine and discuss alternative courses of action with the client where it is considered the document does not adequately protect the interests of the client, or meet the client’s other needs
   • Summarise and clearly communicate legal and non-legal consequences for each alternative to the client
   • Assist client in selecting a course of action
9. Attending to signing the document
   • Identify statutory and other rules governing signing and witnessing of documents, including deeds
   • Apply relevant rules governing signing and witnessing of documents in the execution of the document by the client
10. Document advice
    • Prepare a file note recording the substance and details of the advice given to the client and the instructions received
    • Despatch correspondence to client confirming the advice given in relation to the document and instructions received
    • If the document is not signed in the conveyancer’s office, include, in correspondence dispatched to client, clear and concise instructions on signing and witnessing the document