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Elements and Performance Criteria

1. Establish client needs
   • Identify and verify the client identity according to practice policies and procedures
   • Identify and clarify client needs and expectations according to practice policies and procedures
   • Determine and discuss optional courses of action with client
   • Check information and documentation in relation to the transaction for accuracy and relevance
   • Obtain mutual agreement regarding responsibilities, obligations and expectations of all parties to the transaction
   • Record and document client’s needs and responsibilities
2. Identify any conflict of interest
   • Identify and record existing or potential conflicts of interest associated with the transaction
   • Evaluate conflicts of interest and determine required action for the client and practice, and advise client of any necessary action
3. Identify parties, properties and other interests
   • Identify the roles of various parties involved in the conveyancing transaction
   • Analyse estates and interests in land according to relevant transaction
   • Analyse relevant searches, Certificates of Title and other relevant documents and confirm facts pertaining to the transaction
   • Communicate to the client the title and contract details and respective consequences of the conveyancing transaction
4. Determine terms of engagement
   • Document terms of engagement which comply with legislative, regulatory and practice requirements and articulate to client clearly and promptly
   • Establish and record client’s agreement with terms
   • Obtain relevant authorities from client and other relevant parties
   • Verify identity of client according to firm policies and procedures
   • Check estimates of fees, disbursements and time for accuracy and completeness and provide to client
5. Determine contingency strategies
   • Identify contingencies relating to the transaction and advise the client
   • Determine contingency strategies and options and agree in consultation with client
6. Initiate the transaction
   • Select a course of action which meets the client’s needs according to legislative requirements and practice policy and procedures
   • Advise client of all actions to be implemented to meet their agreed needs and expectations
   • Confirm and record instructions from client to proceed or not to proceed
   • Make referrals to other professionals or third parties, where required
   • Formally open, organise and document all relevant instructions, information, facts and evidence in client file

Performance Evidence

The candidate must demonstrate the ability to complete the tasks outlined in the elements, performance criteria and foundation skills of this unit, including evidence of the ability to:

initiate at least three conveyancing transactions according to client requirements, and practice policies and procedures.

In the course of the above, the candidate must:

communicate with a client and identify their needs

interpret and document parties, properties and other interests and legal consequences

determine terms of engagement and contingency strategies

record client details and requirements and initiate a transaction according to practice policies and procedures and relevant legislation

perform a verification of identity process of a client or refer a client to a qualified Verification of Authority agent.

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Knowledge Evidence

The candidate must be able to demonstrate knowledge to complete the tasks outlined in the elements, performance criteria and foundation skills of this unit, including knowledge of:

key principles and laws applicable to conveyancing, business and personal transactions

definitions of conflict of interest within legislation and the industry

current legislative, regulatory and industry practices, procedures and services

policies, procedures and business requirements of the practice

common professional and industry terminology

relevant legal requirements of consumer protection compliance

relevant types of contract titles for the sale of land, Certificates of Title, interests in land and other required documentation

key types of transactions for personal, business and real estate conveyancing.

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