Authorised by Academic Registrar, April 1996
Objectives The aim of this subject is to enhance the presentation and writing skills of family lawyers and to ensure that students achieve proficiency in the drafting of various documents relating to family law proceedings. Students will achieve an understanding of the theoretical framework behind the rules of court pertaining to the drafting of various court documents and they will study and apply the rules of pleading in the superior courts in Victoria and in the Family Court. The various actions and forms which may apply in a given case will be considered along with the matters that dictate which court will assume jurisdiction.
Synopsis An examination of the rules pertaining to jurisdiction and the rules of pleading of matters in the Family Court, Supreme Court and County Court in Victoria. The drafting of various matters under the Family Law Act including applications, answering material and affidavits in relation to children, property, maintenance and child support will be considered together with the drafting of cross-vested matters in family law. Actions in relation to defacto cohabitants under State law including interlocutory matters, statements of claim and alternative forms of originating process will be considered together with the drafting of responding materials, offers of settlement and interrogatories. Attention will be given to the drafting of agreements under the Family Law Act and of defacto cohabitation and separation agreements. The preparation of court orders and terms of settlement will also be undertaken.
Assessment Written research assignment (drafting exercise) (4000 words): 40% + Final examination: 50% + Class participation: 10%