Advanced Diploma of Conveyancing (Victoria)

Working in Conveyancing

An introductory unit that addresses a basic understanding of the Australian legal system, the financial services industry and how these all fit together in the broader economy of the country.

Intro to Law

This unit looks at the areas of law that determine what a conveyancer is authorised to do, when they operate an agency, manage a trust account and make operational decisions. We will conduct a quick review of the key features of the Australian legal system, then take a detailed look at the legislation that is specific to the conveyancing industry in Victoria, with a strong focus on the Conveyancers Act 2006, the Transfer of Land Act 1958 and the Electronic Conveyancing Act 2014

Take Instructions

This unit describes the skills and knowledge required to take instructions from a potential client in order to initiate a conveyancing transaction. The actions required will include identifying and clarifying the client needs and expectations, determining if there are optional courses of action for a particular client, checking sales contract documentation, obtaining an appropriate and compliant authority to act for the client and of course ensuring that the client we are dealing with is in fact who they say they are.

Legislation

This unit is focussed on interpreting and evaluating legal principles and legislative requirements, which have been covered in a general way, extensively in earlier units of this course.

Interpret Search Results

This unit will equip you with the skills and knowledge required to recognise, conduct and interpret relevant searches, then analyse and evaluate data for conveyancing transactions following confirmation of initial instructions from the client.

Prepare documents

This unit describes the skills and knowledge required to prepare legal documents to support conveyancing transactions on behalf of clients. You will be required to identify and interpret documents as well as prepare and review them. This unit does not cover the preparation of contracts of sale, client authorisation or contract reviews. These are covered elsewhere in this course.

Interpret Legal Documents

This unit describes the skills and knowledge required to read and interpret legal documents and provide advice to conveyancing clients within a range of contexts and environments. It includes defining the nature and function of documents in a transaction and advising the client about their rights, obligations and alternative courses of action, where required.

Tax

This unit investigates the requirements for a conveyancer to research and identify tax obligations for a conveyancing transaction. It encompasses identifying and applying statutory interpretation techniques, identifying and tracking changes to relevant legislation and codes of conduct, maintaining appropriate records, using online platforms to calculate and pay tax, and complying with reporting obligations.

Finalise transaction

This unit describes the skills and knowledge required to complete conveyancing transactions and verify all matters relating to arranging settlement. This includes but is not limited to determining contingency strategies, completing transactions, and implementing post-transaction procedures and using Electronic Lodgement Network Operators (ELNOs), where required.

Trust Accounting

This unit looks at the skills and knowledge required to establish, manage and administer trusts or controlled money accounts in a practice. It encompasses reviewing for compliance with trust account requirements, establishing and managing trust accounts, maintaining trust transaction records, and monitoring and reviewing trust accounts.

Managing Risk

This unit focuses on the skills and knowledge required to identify, manage and mitigate business risks within a conveyancing practice. It emphasises proactive strategies to minimise potential threats and ensure the ongoing compliance and stability of the business. Learners will develop practical techniques for assessing risk, implementing controls, and responding effectively to emerging issues.

Negotiation and Disputes

Negotiation is the process of bargaining to achieve the goals of parties. Sometimes, this process will occur in a discrete negotiation event – a sit down to discuss the goal, the needs of the respective parties and the path to achieve them. Other times, a negotiation can take place over many weeks or months, as parties work together towards goals and their needs. The longer the negotiation, the greater the potential for conflict – as the situation evolves over time.