2002 Swinburne TAFE Handbook - Swinburne University of ...

Subject Details I 279
Content
Duties of Care owed by the conveyancer.
Appropriate contracts for the sale of different land interests.
Investigating the vendors title.
Land titles office, stamps office and council procedures.
Dealing with specific parties to contracts forthe sale of land.
Competing equitable interests in land.
VBD223
Administrative Law
51 nominal Hours· Prerequisite: VBD238
Aims & Objectives
To provide a comprehensive examination skills in the review of administrative decisions,
encompassing analysis ofthe nature of judicial review, grounds for judicial review and
remedies available, the nature of the role of the Ombudsman. This unit also aims to
examine the principles governing access to information as a skill relevantto a person
working with a legal office, Legal Aid provider, government department, financial
institution or bank loans or mortage department or other allied area requiring a
knowledge of administrative laws as covered in the learning outcomes.
Content
Development of the administrative arm of government.
SupelVision of subordinate legislation.
Judicial review and review on the merits.
Judicial review of administrative decisions.
Scope of, and grounds for, judicial review.
Merits review and the Administrative Appeals Tribunal.
The Ombudsman as an alternative avenue of review.
Access to reasons for administrative decisions.
VBD224
Consumer Protection Law
51 nominal Hours· Prerequisite: VBD238, VBD235
Aims & Objectives
To enable the learnerto identify and examine areas ofthe law which relate to
consumers, sellers and manufacturers, as relevantto a person working with a legal
office, Legal aid provider, government department, financial institution or bank loans or
mortgage department or other area dealing with consumers, suppliers of goods and
selVices, or manufacturers.
Content
Need for consumer protection.
Obligations of suppliers of goods and selVices.
Liabilities of manufacturers for faulty products.
Liabilities of manufacturers for unsafe products.
Product safety and product information.
Occupational licensing.
Consumer credit.
Redress for consumer complaints.
VBD227
Mortgages, Leases and Building
Contracts
51 nominal Hours· Prerequisite: VBD238, VBD236, VBD246
Aims & Objectives
To provide skills and knowledge in the field of Land Contract law as relevant to a person
working in a legal office, Legal aid provider, government department. financial institution
or bank loans or mortgage department or other area requiring a detailed knowledge of
the law of mortgages, and an examination of the appropriate rules relating to
commercial leases, small businesses and building contracts.
Content
The nature of a mortgage as a security.
Mortgagees and Mortgagors rights and obligations.
Priorities amongst mortgagees.
Commercial Mortgage transactions.
Leases for commercial premises.
Contracts for the sale of small businesses.
Typical building contracts for premises on land.
VBD228
Commercial Law
51 nominal Hours· Prerequisite: VBD238, VBD235
Aims & Objectives
To provide detailed knowledge and skills in particular areas of commercial law including
partnerships, bankruptcy, business names and trademarks, franchises and trusts,
relevantto a person working in a legal office, private or public sector department,
where a thorough knowledge of those areas is required.
Content
Partnerships.
Bankruptcy.
Business and association names and trademarks.
The authority of representatives of companies, partnerships, trusts and
associations.
Franchises.
VBD230
Family Law
51 nominal Hours· Prerequisite: VDB238
Aims & Objectives
To provide knowledge and skills in the field of Family Law and the related fields of de
facto relationships, enforcement of Family Court orders and related matters as skills
desirable fora person engaged in the operation of a legal office, citizens advice bureau or
similar information selVice.
Content
Legal definition of marriage.
Family Law Act and Family Court.
Matrimonial Causes Act.
Dissolving of a marriage.
Custody and guardianship.
Spousal maintenence.
Child maintenance.
Property Law Act in relation to de facto relationships.
Family Law Act and Crimes Act in relation to orders.
Adoption Act.
Organisations which help parties in a relationship under stress.
Appeals against judges decisions.
VBD231
51 nominal Hours· Prerequisite: Nil
Aims & Objectives
Company and Associations Law
To provide skills and knowledge in the field of company and associations law as relevant
to a person working with a legal office, financial institutions, accounting office,
government department or authority or the corporate section requiring a thorough
knowledge of company and associations law.
Content
Types of companies and development of company law.
Incorporation of a company.
Capital raising for a company.
Regulation of company management.
Company takeovers.
Schemes of arrangement.
Receivership.
Swinburne University of Technology I TAFE Handbook 2002