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Monash University Handbook 2011 Undergraduate - Unit

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

FacultyFaculty of Law
OfferedClayton Summer semester B 2011 (Day)


This unit gives students an understanding of the fundamental principles and concepts in Family Law. Topics include:

  • the family - history and the concept of 'the family';
  • practising family law - professional and ethical challenges and courts jurisdiction;
  • marriage and divorce - obligations created by marriage;
  • dividing property under the Family Law Act - principles relating to property division;
  • property rights on the breakdown of a domestic relationship - statutes relating to the division of property;
  • children's rights and parental responsibilities - the Family Law Act relating to parental responsibility; and
  • family support - spousal support and child maintenance.


On completion of the unit students will have:

  1. acquired an understanding of the fundamental concepts of family law;
  2. a general grasp of the historical evolution of family law and of what is meant by the family;
  3. some familiarity with the challanges facing the family lawyer in practice;
  4. the ability to analyse a basic property dispute between parties to a marriage or parties in a domestic relationship including issues of maintenance and support;
  5. developed an understanding of the statutory principles arising in the context of children and the way in which these laws operate in practice;
  6. further developed skills in case law analysis, research and statutory interpretation.


Examination (2 hours writing time plus 10 minutes reading time): 100% OR Examination (1 hour writing time plus 10 minutes reading time): 50% plus participation in a placement program (25%) with a written research assignment (25%) (2000 words): 50%

Chief examiner(s)

Dr Adiva Sifris

Contact hours

Taught intensively over 3 weeks of lectures for 4 hours a day, with examination in the following week.


LAW1100 or LAW1101 and LAW1102 or LAW1104 and LAW2101 and LAW2102 and LAW2201 and LAW2202


LAW4162; LAW4163