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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.
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.
Outcomes
On completion of the unit students will have:
- acquired an understanding of the fundamental concepts of family law;
- a general grasp of the historical evolution of family law and of what is meant by the family;
- some familiarity with the challanges facing the family lawyer in practice;
- 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;
- developed an understanding of the statutory principles arising in the context of children and the way in which these laws operate in practice;
- 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%
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.
Prerequisites
LAW1100 or LAW1101 and LAW1102 or LAW1104 and LAW2101 and LAW2102 and LAW2201 and LAW2202
Prohibitions
LAW4162; LAW4163