units

LAW4162

Faculty of Law

18 September 2017 22 November 2024

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This unit entry is for students who completed this unit in 2016 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.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

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

Faculty

Law

Offered

Not offered in 2016

Synopsis

This unit provides students with an understanding of principles and concepts relating to financial disputes on relationship breakdown. Topics include:

  • The constitutional and jurisdictional contexts within which financial disputes are resolved
  • The resolution of property disputes (including binding financial agreements)
  • Dividing property on relationship breakdown
  • Applications for spousal maintenance
  • Superannuation and trusts
  • Injunctions and orders restraining the disposition of property (including against third parties)
  • Setting aside transactions to defeat claims

Outcomes

On completion of the unit students will be able to:

  1. comprehend and explain the essential concepts and policies underlying the division of family property and financial disputes in Australia including the broader context in which the system operates.
  2. critically evaluate the challenges and debates surrounding the division of property and maintenance on relationship breakdown including the ethical debates and professional responsibilities facing family lawyers.
  3. Identify, analyse and critically comment on disputes between parties to a marriage or parties in a de facto relationship involving issues of property and maintenance
  4. demonstrate reasoning skills and professional judgement which generate appropriate responses to complex statutory problems
  5. communicate effectively appropriately and persuasively on issues pertaining to financial disputes on relationship breakdown.
  6. learn and work autonomously and collaboratively and use feedback to improve their own capabilities and performance.

Assessment

Mid semester class test (one hour plus 10 minutes reading/noting time, closed book) worth 50% of the result AND end of semester class test (one hour plus 10 minutes reading/noting time, open book) worth 50% of the result.
OR
Participation in the Family Law Assistance Program (25%) and a research assignment (1250 words) worth 25% AND end of semester class test (one hour plus 10 minutes reading/noting time, open book) worth 50% of the result.

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)

Dr Adiva Sifris

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015:
LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW3400 or LAW3401 and LAW3402

Prohibitions

LAW4177