Forensic family law 700
Not offered in 1995
One 2-hour seminar weekly over 13 weeks
This subject will deal with the resolution of family conflict within the existing system of family law, with particular emphasis on alternative dispute resolution. The role of the judiciary and the legal profession in the composition of disputes will be examined, particularly on matters of property and of the custody of children. Pre-trial procedures, registrars' conferences and counselling intervention and other resources of the system will be considered in an attempt to discover whether those resources are used to best advantage and in the best interests of litigants. The place of expert evidence and of technical information will also be looked at with a view to understanding the extent to which the preparation of materials and their presentation may influence the outcome of a case. The above topics will be approached within the framework of the adversary system, but a comparison with other systems using a different approach will be made and consideration given to procedural reform in this area, with emphasis on conciliation models as practised in Australia and elsewhere.
Assessment
Take-home examination: 40% * Research paper: 6000 words (60%)