LAW7016

Creditors and family law

Associate Professor Dorothy Kovacs

Objectives On completion of this subject students should have an appreciation of (1) the position of creditors of parties to a marriage in Family Court proceedings and the response of the Family Court to the conflict between a creditor's rights and those of a party to the marriage in property proceedings; (2) the position of spouses as guarantors; (3) the position of parties in respect of debts obtained in circumstances of undue influence, unconscionable dealing or in breach of obligations under legislation such as the Trade Practices Act; (4) the question of priorities under the Bankruptcy Act as between the non bankrupt spouse and the trustee in bankruptcy. Students should also be able to identify relevant principles, laws and precedents and apply them to resolve current problems relating to a range of transactions involving creditors of members of a family. They should have enhanced their legal research and writing and legal argument skills by undertaking systematic research into legal policy and rules pertaining to family law and creditors' transactions. They should also have increased their skills of oral presentation by participating in interactive seminars.

Synopsis This course examines the interaction between the legal rights of creditors and those of litigants in family law proceedings. It includes a consideration of third party rights; the interactions of family law and bankruptcy law; and the position of creditors where equitable interests are asserted by parties to a marriage in Family Court and Federal Court proceedings. It also considers specific issues affecting lenders and borrowers including liability of guarantors.

Assessment Research assignment (4000 words): 40% - Class presentation/participation: 10% - Supervised examination: 50%

Texts

To be advised

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