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Elements and Performance Criteria

1. Determine legal nature and relevance of documents
   • Evaluate legal nature of document
   • Identify the structure, function and significance of document in conveyancing transaction
   • Interpret and apply statutory and general law principles governing document and its function in conveyancing transaction
2. Prepare legal document
   • Identify and apply rules governing construction and interpretation of contracts and other legal documents
   • Identify and apply rules for use of precedents, templates, standard form contracts, and statutory forms
   • Use principles of legal drafting, including use of plain language, to prepare the document
3. Draft and review document
   • Interpret and draft terms essential to protect client’s interests
   • Review and rectify any lack of conformity with client’s instructions
   • Check parties, property information and factual details for accuracy
   • Check annexures to document for accuracy and relevance
   • Correct gaps, spelling and grammatical errors, lack of certainty or ambiguity in language
   • Review and rectify non-compliance with legal principles within document

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:

prepare legal documents for conveyancing transactions that comply with legislative requirements and client requirements on at least four occasions.

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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 and laws applicable to drafting legal documents for conveyancing transactions

definitions of conflict of interest within legislation and the industry

current legislative, regulatory and industry practices, procedures and services

common legal terms

common professional and conveyancing industry terminology

common words or terms relevant to drafting legal documents for conveyancing transactions

contracts and other legal documents relevant to conveyancing transactions

transactions for personal, business or real estate conveyancing

policies, procedures and business requirements of relevant practice

key rules and procedures for:

use of precedents, templates and statutory forms

construction and interpretation of documents.

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