Rights arising out of de facto cohabitation 700
Not offered in 1995
One 2-hour seminar weekly over 13 weeks
This course draws together various aspects of the law governing the rights of de facto cohabitants. This is a comparatively new area of legal practice. It is one which is rapidly growing and where there is a need to master some challenging new legal developments. In this course, an up-to-date account will be presented of the following: (1) Rights arising at equity including trusts, estoppels, charges, gifts and liens as well as rights in contract and quasi contract. (2) Statutory property regimes including Part IX Property Law Act 1958 (Vic.) and the De Facto Relationships Act 1984 (NSW). (3) Testamentary entitlements of de facto cohabitants and the right to testators family maintenance. (4) Aspects of the law of property which affect the entitlements of cohabitants, including the law of co-ownership and of caveats. This course is not only about substantive law. It is extremely useful, not only to legal practitioners in family law, but in all areas of practice dealing with real property. Practical issues such as choice of jurisdiction and choice of originating process are constantly referred to as well as points of pleading and of drafting generally.
Assessment
Research paper (4000 words): 40% * Class participation and class presentation: 10% * Final exam (three hours open book): 50%