Authorised by Academic Registrar, April 1996
Objectives This subject will require students to master aspects of the law concerning property rights of cohabitants who are or were married to each other. Students will achieve a detailed knowledge of the theoretical framework and of current legal developments concerning aspects of the law which are of special difficulty or which are of special interest. They may also acquire an understanding of areas of law which are not strictly speaking family law but which impact on the operation of family law, eg the law of bankruptcy, the law of trusts and principles of valuation of property. They will accordingly be equipped to deal with matters going beyond the Family Law Act, eg the insolvency of a spouse, Federal Court proceedings and actions concerning trustees of family trusts when these impact on family law litigation.
Synopsis Areas which have been studied include the approach of the Family Court and of the Federal Court to the competing claims of creditors and spouses, the impact of bankruptcy on family law matters, the division of superannuation entitlements on divorce, the valuation of property in family law proceedings, the jurisdiction of the Family Court to make orders against third parties, the law relating to trusts and partnerships and the setting aside of unconscionable contracts using the Trade Practices Act and under the general law (sexually transmitted debt). The utilisation of cross-vested jurisdiction to deal with such matters is also considered.
Assessment Written research assignment: 40% + Class participation: 10% + Final examination: 50%