LAW7060

Current problems in family law

Professor Marcia Neave

Objectives This subject will require students to identify and analyse some contemporary problems in family law and policy, and to understand how such problems have been resolved in Australia and some overseas jurisdictions. Students completing the course will acquire a detailed knowledge of recent Australian developments in case law and legislation, and of current law reform proposals. They will also obtain an understanding of the theoretical and policy background to contemporary family law issues.

Synopsis The areas examined will include some or all of the following: constitutional issues in family, legal issues relating to children conceived by artificial conception, agreements relating to matrimonial property, maintenance and children, parenting and other orders relating to children; the role of the separate representative; recent developments in property division and spousal maintenance (including superannuation reform proposals); the economic impact of divorce on men and women; the inter-relationship between family law and social security law.

Assessment Take-home examination: 60% - Research assignment (4000 words): 40%

Texts

Freeman M (ed.) Divorce: Where next? Dartmouth, 1996
Sugarman S and Hill K H Divorce reform at the cross-roads York University Press, 1990
Neave M 'Women, divorce and redistributing the cost of children' in Edwards A and Magarey S (eds) Women in a restructuring Australia Allen and Unwin, 1995
Other references will be provided during the course

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