Family property 700
Not offered in 1995
One 2-hour seminar weekly over 13 weeks
This course is designed for persons having some knowledge of family law and, ideally, some experience in the practice of family law. The focus is on recent developments concerning entitlements to division of property on matrimonial breakdown. Special attention is given to areas of particular difficulty in practice. The course may include the following topics: (1) A consideration of third party rights, eg the position of creditors of a party to a marriage and of the rights of third parties to set aside orders arrived at under the Family Law Act. (2) The interaction of family law and bankruptcy law, ie what steps can be taken in the Family Court or in the Federal Court to protect a spouse when the other is at risk of becoming insolvent? What rights do creditors of an insolvent or bankrupt spouse have in family court and federal court proceedings. (3) The division of superannuation and other work-based entitlements under the Family Law Act. (4) Valuation issues - how to resolve disputes involving valuation of assets in property proceedings. (5) Dealing with property held by companies and trusts on the breakdown of marriage. (6) Jurisdiction to hear property claims on the death of a party to a marriage. (7) Jurisdictional issues including cross vesting of jurisdiction. As well as examining the substantive law, this course will deal with procedural and evidentiary considerations associated with these various actions discussed. The course will be useful, not only for practitioners of family law but also those involved in commercial litigation and bankruptcy law. Some material may be presented by guest lecturers particularly in the areas of bankruptcy law and issues relating to valuation.
Assessment
Research paper (4000 words): 40% * çlass participation and class presentation: 10% * Final examination (three- hour open-book): 50 %