LAW4162

Family property and financial disputes 406 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader:

Offered:
Clayton Second semester 2005 (Day)

Synopsis: This unit 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.

Objectives: Students who complete this subject should (1) acquire a basic knowledge of the law governing property division and spousal maintenance and develop some understanding of the way in which this law operates in practice; (2) acquire an understanding of the legal procedures relevant to the determination of financial disputes between spouses and de facto partners; (3) become familiar with theoretical and critical debate about the financial consequences of marriage and cohabitation; and (4) receive an introduction to some of the skills necessary for practice in family law.

Assessment: Examination (2.5 hours writing time plus 30 minutes reading and noting time): 100% OR Participation in the Family Law Assistance Program with a report (1500 words) : 40% + Examination (1.5 hours writing time plus 30 minutes reading and noting time): 60% OR Research assignment (3000 words): 40% + Examination (1.5 hours writing time plus 30 minutes reading and noting time): 60%

Contact Hours: Three 1-hour lectures per week

Prerequisites: LAW1100 Legal process OR LAW1101 Introduction to legal reasoning and LAW1102 Law in society

Corequisites: LAW3400 Property OR LAW3401 Property A and LAW3402 Property B

Prohibitions: LAW4177 Introduction to family law