units

LAW4177

Faculty of Law

Monash University

Undergraduate - Unit

This unit entry is for students who completed this unit in 2013 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

print version

6 points, SCA Band 3, 0.125 EFTSL

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LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2013

Synopsis

This unit gives students an understanding of the fundamental principles and concepts in Family Law. Topics include:

  • the family - history and the concept of 'the family';
  • practising family law - professional and ethical challenges and courts jurisdiction;
  • marriage and divorce - obligations created by marriage;
  • dividing property under the Family Law Act - principles relating to property division;
  • property rights on the breakdown of a domestic relationship - statutes relating to the division of property;
  • children's rights and parental responsibilities - the Family Law Act relating to parental responsibility; and
  • family support - spousal support and child maintenance.

Outcomes

On completion of the unit students will have:

  1. acquired an understanding of the fundamental concepts of family law
  2. a general grasp of the historical evolution of family law and of what is meant by the family
  3. some familiarity with the challenges facing the family lawyer in practice
  4. 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
  5. developed an understanding of the statutory principles arising in the context of children and the way in which these laws operate in practice
  6. 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 hour writing time plus 10 minutes reading time): 50% plus participation in a placement program (25%) with a written research assignment (25%) (2000 words): 50%

Chief examiner(s)

Contact hours

Taught intensively over 3 weeks of lectures for 4 hours a day, with examination in the following week.

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104 and LAW2101 and LAW2102 and LAW2201 and LAW2202

Prohibitions