Faculty of Law

Monash University

Undergraduate - Unit

This unit entry is for students who completed this unit in 2015 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.

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6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

FacultyFaculty of Law
OfferedNot offered in 2015


Examines legislative structures for resolving disputes between parents, children and State child welfare authorities and the difficulties which arise as the result of the divided Commonwealth/State responsibility. Examines creation of families and parent-child relationships, common law and statutory principles governing rights and responsibilities of parents, particularly the provisions of Family Law Act 1975 (Cth). Examines paramountcy of 'best interests of the child' and relevant considerations.


Students who complete this course will:
a. identify and evaluate a knowledge of the common law and statutory principles which govern the relations between parents and children and between children, parents and the State and develop some understanding of the way in which these laws operate in practice
b analyse and interpret the jurisdictional issues and legal procedures relevant to the determination of such disputes
c research and evaluate theoretical and critical debates about the laws governing parents and children and the adequacy of current laws and procedures
d communicate effectively and persuasively on issues relevant to family law
e. evaluate and reflect on some of the skills necessary for practice in this area of the law and recognize ethical issues they may encounter in practice.
f. learn and work autonomously and use feedback to improve their own capabilities and performance


Final examination (3 hours writing time plus 30 minutes reading and noting time): 100% OR final examination (2 hours writing time plus 30 minutes reading and noting time): 60% and either a research assignment (2000 words): 40% OR participation in the Family Law Assistance Program with both 2.5 days (over five x half days) practical component AND a file/court report (1500 words): 40%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)


LAW1100 or LAW1101 and LAW1102 or LAW1104