LAW4177

Introduction to family law 406 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader:

Offered:
Clayton First semester 2005 (Day)

Synopsis: This unit gives students an understanding of the fundamental principles and concepts in Family Law. Topics: 1.The Family-history and the concept of 'the family; 2.Practicing Family Law-professional and ethical challenges and courts jurisdiction; 3.Marriage and Divorce-obligations created by marriage; 4.Dividing property under the Family Law Act-principles relating to property division; 5.Property Rights on the Breakdown of a Domestic Relationshiop-statutes relating to the division of property; 6.Childrens Rights and Parental Responsbilities-the Family Law Act relating to parental responsibility; 7.Family Support-spousal support and child maintenance.

Objectives: On completion of the subject students will have: (a)acquired an understanding of the fundamental concepts of family law; (b)a general grasp of the historical evolution of family law and of what is meant by the family; (c)some familiarity with the challanges facing the family lawyer in practice; (d)the ability to analyse a basic property dispute between parties to a marriage or parties in a domestic relationship including issues of maintenance and support; (e)developed an understanding of the statutory principles arising in the context of children and the way in which these laws operate in practice; (f)further developed skills in case law analysis, research and statutory interpretation.

Assessment: Examination (2 hours writing time plus 10 minutes reading time): 100% OR Examination (1.5 hours writing time plus 10 minutes reading time): 60% + Participation in a placement program with a written research report (1500 words): 40% OR Examination (1.5 hours writing time plus 10 minutes reading time): 60% + Reasearch assignment (3000 words): 40%

Contact Hours: One three hour lecture

Prerequisites: LAW1100 Legal process OR LAW1101 Introduction to legal reasoning and LAW1102 Law in society; LAW3300 Criminal law and procedure OR LAW3301 Criminal law and procedure A and LAW3302 Criminal law B

Prohibitions: LAW4162 Family property and financial disputes; LAW4163 Parents, children and the state