Authorised by Academic Registrar, April 1996
Objectives Students completing this subject should acquire an understanding of the legal rights and obligations attaching to the family including an appreciation of the legal consequences of marriage and its termination. They will also consider the legal ramifications of cohabitation outside marriage. Students will become familiar with the principal State and Federal laws and the case law concerning rights and duties within families such as the guardianship of children, the division of property and rights of maintenance and support, adoption, foster care and the status of ex-nuptial children. Relevant international covenants and their impact will be considered as well as the social, psychological and political forces which influence the legal response to the family in Australia.
Synopsis The topics covered will be drawn from the following: the historical and constitutional background of family law; jurisdiction in family law matters; marriage validity; recognition of foreign marriages and foreign decrees; principal relief in relation to marriage including dissolution and nullity of marriage; the State and Federal law concerning children including guardianship, custody and access proceedings, proceedings in relation to the welfare of the child, legislation regulating the status of children and the adoption of children; proceedings in respect of domestic violence; maintenance and child support; property rights of married partners and unmarried cohabitants; procedural aspects of family law litigation and a consideration of writings concerning theoretical aspects of the family and its relationship with the State.
Assessment Final open-book examination: 100%