LAW7062

Rights arising out of defacto cohabitation ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: Professor Marcia Neave

Offered:
Not offered in 2005.

Synopsis: The subject examines how the law of trusts, contract and gifts apply to de facto cohabitants. Equitable doctrines such as estoppel will also be considered. Statutory regimes in Victoria, New South Wales, Northern Territory and ACT will be analysed. Incidents of property ownership including co-ownership, severance, the law of caveats and the law of charges will be examined and testamentary aspects including contracts to leave property by will and the law of testator's family maintenance. Legislation including social security entitlements and standing to receive superannuation benefits and to make claims under fatal accidents legislation may also be covered.

Objectives: Students undertaking this subject should achieve an appreciation of the consequences which the law attaches to cohabitation outside marriage. Students will complete a study of the various legal and equitable principles which govern the property rights of defacto cohabitants and will consider the statutory regimes which currently apply in various Australian States. In addition students will broaden their knowledge of the legal incidents of property ownership which are of particular relevance in de facto proceedings including the law of co-ownership and severance of title, and the law pertaining to testamentary disposition of property and testator's obligations. Other incidents of defacto cohabitation including the relevance of the status to social security entitlements and superannuation benefits and standing to claim in fatal accident proceedings may also be considered.

Assessment: Research assignment (3000 words): 40% + Supervised examination (1.5 hours): 50% + Class participation: 10%

Contact Hours: One 2-hour seminar per week