LAW4162 - Family property and financial disputes 406

Leader: Adiva Sifris

Offered

Clayton First semester 2009 (Day)

Synopsis

This unit examines the constitutional and jurisdictional contexts within which property and spousal maintenance disputes are resolved. The course covers the procedural and substantive provisions of the Family Law Act 1975 (Cth) relevant to property and maintenance disputes between spouses, and Part IX of the Property Law Act 1958, which deals with property disputes between de facto spouses. It also examines the effect of death of a spouse or de facto partner on the property rights of the surviving partner. The course examines critiques of the existing law and the differential impact of marriage and cohabitation on men and women.

Objectives

Students who complete this unit should

1. acquire a basic knowledge of the law governing property division and spousal maintenance and develop some understanding of the way in which this law operates in practice;
2. acquire an understanding of the legal procedures relevant to the determination of financial disputes between spouses and de facto partners;
3. become familiar with theoretical and critical debate about the financial consequences of marriage and cohabitation; and
4. receive an introduction to some of the skills necessary for practice in family law.

Assessment

Mid semester class test (one hour plus 10 minutes reading/noting time, closed book) worth 50% of the result AND end of semester class test (one hour plus 10 minutes reading/noting time, open book) worth 50% of the result OR Optional participation in the Family Law Assistance Program with both a 2.5 day practical component and a research report (2000 words) worth 50% of the result AND end of semester class test (one hour plus 10 minutes reading/noting time, open book) worth 50% of the result.

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW3400 or LAW3401 and LAW3402

Prohibitions

LAW4177