Family law 430
Mr J N Turner
30 points * Three 1-hour lectures per week * Full-year subject * Clayton
This subject examines the legal relationships arising out of the family as a legal and social institution. The subject deals with the formation and termination of marriage, including nullity and divorce. It also deals with rights arising out of de facto relationships. A study is made of the rights and duties of members of the family towards each other, particularly as regards maintenance, property, custody and upbringing of children, exnuptial children and adoption. The structure of the principal part of the subject is related specifically to the relevant laws of the Commonwealth and the States, particularly Victoria. Attention is given, where appropriate, to social and psychological aspects of the relationship between husband and wife, and parent and child, with a view to promoting an understanding both of the causes of marriage breakdown and of the principal considerations governing the custody and upbringing of children. The subject also includes a consideration of social policy and the legal and institutional reforms that may be desirable in this area of the law.
Assessment
(a) 15% by class test (open book and compulsory, held towards the end of first semester) and either (b) or (c) * (b) 20% by optional assignment (3000 words due in around August) and 65% by final examination or * (c) 85% by final examination * (d) All students must participate in a simulation exercise conducted in class time towards the end of second semester. This will be graded satisfactory/unsatisfactory only.
Prescribed texts
Child Support (Assessment) Act 1987 (Cth)
Child Support (Registration and Collection) Act 1988
Commonwealth Powers (Family Law - Children) Act 1986 (Vic.)
Crimes (Family Violence) Act 1987 (Vic.)
Family Law Act 1975 (Cth) as amended
Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) and (Vic.)
Marriage Act 1961 (Cth)
Status of Children Act 1974-1984(Vic.)