Not offered in 2008
This subject looks at the family law of one or more countries in relation to Australian family law. It will focus particularly on the conceptual differences in approach of the legal systems under discussion in relation to family breakdown and disputes. The subject is sometimes taught in cooperation with visiting overseas family lawyers. Details of the countries whose legal systems are to be discussed, as well as a subject outline and reading guide, will be available before the commencement of the subject.
On completion of this subject students should 1) have an understanding of modern trends in an area of law which is rapidly changing, so as to consider to what extent differences or origin and culture are significant in modern times; 2) be familiar with the comparative method, with an especial emphasis on the distinctions between common law and civil law techniques; and 3) have a better understanding of Australian law through a detailed comparison with other mature systems, and perhaps to bring home the flaws of their own system. The above objectives are not mutually exclusive. It is hoped that the subject may be of interest to both practising lawyers and scholars of law, and also perhaps to students of related disciplines.
Research assignment (7500 words): 100%
One 2-hour seminar per week