Creditors and family law
Associate Professor Dorothy Kovacs
One 2-hour seminar per week * Second semester * City
Objectives On completion of this subject students should have an appreciation of (1) the position of creditors of parties to a marriage in Family Court proceedings and the response of the Family Court to the conflict between a creditor's rights and those of a party to the marriage in property proceedings; (2) the position of spouses as guarantors; (3) the position of parties who have become liable in respect of debts obtained in circumstances of undue influence, unconscionable dealing or in breach of obligations under legislation such as the Trade Practices Act; (4) the question of priorities under the Bankruptcy Act as between the non bankrupt spouse and the trustee in Bankruptcy. Students should also (5) be able to identify or find relevant principles, laws and precedents and apply them to resolve current problems relating to a range of relevant transactions; (6) have developed legal research and writing and legal argument skills by undertaking systematic research into legal policy and rules pertaining to family law and creditors' transactions; and (7) have developed skills of oral presentation in an interactive seminar context.
Synopsis This course examines the interaction between the legal rights of creditors and those of litigants in family law proceedings. It includes a consideration of third party rights; the interactions of Family Law and Bankruptcy Law; the position of creditors where equitable interests are asserted by parties to a marriage in Family Court and Federal Court proceedings; and specific issues affecting lenders and borrowers.
Assessment Research paper (4000 words): 40% * Class participation/presentation: 10% * Supervised examination: 50%
Texts
To be advised
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