Family Law concerns the law of family relationships and the institutions that are responsible for assisting people when those relationships fail. You will consider those family relationships that are recognised by law as well the processes that are available to end them formally. You will examine the law governing care of, and financial support for children when relationships break down, as well as the law concerning spousal maintenance and division of property in these circumstances. There will be considerable emphasis upon the growing use of non-adversarial techniques in family law practice
|Learning materials – Asynchronous learning materials made available online||1hr||Week 1||13 times|
|Tutorial/Workshop 1 – Weekly on campus tutorials||2hrs||Week 1||13 times|
Family Law an introduction history and overview, Judicial Framework and Constitutional basis; Social issues and context; The ongoing Australian Law Reform Commission review of the Family Law system.
Marriage, Nullity, defacto relationships and Divorce
Children and Parenting issues
Dispute resolution in Family Law Contexts;
Recording the resolution - Consent Orders; Parenting Plans and Binding Financial agreements.
Child Support and Spousal Maintenance;
Introduction to Property disputes and the alteration of property interests by a Court;
The Factors involved in a property division/adjustment and Order -how to apply the sections of the Family Law Act; Superannuation; Third Party interests.
400 Level (Graduate)
|Course Learning Outcomes On successful completion of this course, you should be able to...||Graduate Qualities Completing these tasks successfully will contribute to you becoming...|
|1||The ability to explain, describe, analyse and apply key concepts in Family Law||
|2||Demonstrate an understanding of the role of lawyers in Family Dispute Resolution processes and in court proceedings.||
|3||Demonstrate the ability to process a client's instructions, filter the relevant material, and give basic advice that is relevant and practical and comprehensive.||
|4||Enhanced capacity to locate primary and secondary legal sources and to use those sources to engage in persuasive writing.||
Creative and critical thinker
|5||Demonstrate the ability for oral persuasion.||
Refer to the UniSC Glossary of terms for definitions of “pre-requisites, co-requisites and anti-requisites”.
LAW102 and enrolled in any Law Program
Standard Grading (GRD)
|High Distinction (HD), Distinction (DN), Credit (CR), Pass (PS), Fail (FL).|
The Course includes assessment in week 3 and 4, and ongoing in class review of workshop materials to consider academic progress.
|Delivery mode||Task No.||Assessment Product||Individual or Group||Weighting %||What is the duration / length?||When should I submit?||Where should I submit it?|
|Refer to Format||In Class|
|Week 13||Online Assignment Submission with plagiarism check|
|Week 13||Online Assignment Submission with plagiarism check|
|All - Assessment Task 1:Debate appearance|
To apply legal research and oral skills to demonstrate your understanding of a key topic in family law and your ability to critique the relationship between the law and wider social issues.
Submit: Week 3- 4. An oral presentation of argument in relation to a current family law socially relevant topic provided in class.
|All - Assessment Task 2:Court Documents|
To demonstrate your understanding of key concepts in Family Law and your ability to apply the law in context.
|All - Assessment Task 3:Annotated Negotiated agreement|
To demonstrate your ability to problem-solve and make a persuasive argument in a family property settlement.
You will prepare a written agreement in an accepted format, annotated with reference to the law applicable to the terms.
A 12-unit course will have total of 150 learning hours which will include directed study hours (including online if required), self-directed learning and completion of assessable tasks. Student workload is calculated at 12.5 learning hours per one unit.
Please note: Course information, including specific information of recommended readings, learning activities, resources, weekly readings, etc. are available on the course Canvas site– Please log in as soon as possible.
Please note that you need to have regular access to the resource(s) listed below. Resources may be required or recommended.
|Required||Eithne Mills, Marlene Ebejer||0||Family Law||8th Edition||n/a|
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