LAW4162

Family property and financial disputes 406

(LAW)

Dr Sarah Middleton

6 points + Three 1-hour lectures per week + Second semester + Clayton + Corequisite: LAW3400

Synopsis: This subject examines the constitutional and jurisdictional contexts within which property and spousal maintenance disputes are resolved. The course covers the procedural and substantive provisions of the Family Law Act 1975 (Cth) relevant to property and maintenance disputes between spouses, and Part IX of the Property Law Act 1958, which deals with property disputes between de facto spouses. It also examines the effect of death of a spouse or de facto partner on the property rights of the surviving partner. The course examines critiques of the existing law and the differential impact of marriage and cohabitation on men and women.

Assessment: Optional participation in a placement program with a report (1500 words) OR participation in a moot competition including written memorandum of arguments: 40% plus open book examination (2 hours plus 30 minutes reading/noting time): 60% OR open book examination (2 hours 30 minutes plus 30 minutes reading/noting time): 100%