Monash University Handbook 2010 Undergraduate - Unit

Synopsis

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.

Objectives

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.

Assessment

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%

Contact hours

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

Prerequisites

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

Prohibitions

LAW4162; LAW4163