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Elements and Performance Criteria

1. Assess relevant legal principles
   • Identify and document statutory and common law principles governing legal document and its function in conveyancing transaction
   • Identify and document rules governing construction and interpretation of contracts and other legal documents
   • Identify and document rules for use of precedents, standard form contracts, and statutory forms
   • Conduct legal research, as required
2. Identify interests of client
   • Identify legal interests of the client in relation to subject matter of legal document
   • Identify terms essential to protect client’s interests
   • Identify non-legal interests and other needs of the client in relation to the subject matter of the document
   • Check parties, property, Certificate of Title/s, information and factual details are accurate and relevant
   • Check annexures to the document are accurate and relevant
   • Check legal document or an annexure for compliance if it is required to comply with a procedural or formal requirement
   • Check legal 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 legal document
   • Examine legal 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 legal document
   • Identify conformity with client’s initial instructions and any gaps, lack of certainty or ambiguity in the language
   • Identify any non-compliance with legal requirements within legal document
   • Assess legal and non-legal issues and risks to the client arising from legal document
   • Interpret extent to which legal document does or does not protect interests of client
   • Interpret key terms or points for negotiation or referral with third parties or other professionals
   • Summarise and communicate rights, responsibilities and liabilities of all parties to client, including specific rights of client
   • Summarise and communicate legal and non-legal issues and risks arising from legal document to client
   • Determine and discuss alternative courses of action with client where it is considered legal document does not adequately protect interests of client, or meet client’s other requirements
   • Summarise and clearly communicate legal and non-legal consequences for each alternative to the client
   • Assist client in selecting a course of action
   • Refer client to other professionals for advice on appropriate course of action, where required
3. Attend to signing legal document
   • Identify statutory and other rules governing signing and witnessing of legal documents
   • Apply relevant rules governing signing and witnessing of documents in the execution of legal document by client
   • Prepare file note recording the substance and details of the advice given to client and instructions received
   • Despatch correspondence to client confirming advice given in relation to legal document and instructions received
   • Provide concise instructions on signing and witnessing legal document, where required

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:

review and interpret legal documents correctly and explain meanings and implications to clients on at least three occasions.

In the course of the above, the candidate must:

compare legal requirements with client instructions

prepare written or verbal advice for clients

maintain accurate and thorough records.

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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:

principles of law applicable to reading and interpreting legal documents and transactions

nature of relevant legal documents

key features of:

transactions for personal, business or real estate conveyancing

contracts for the sale or lease of land and other documents used in conveyancing

current legislative, regulatory and industry practices, procedures and services

insurance requirements relevant to a conveyancing transaction, including title insurance

policies, procedures and business requirements of the practice

relevant consumer protection compliance requirements

rules and procedures related to:

precedents, templates and statutory forms

construction and interpretation of documents.

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