Monash University Law Handbook, 1997

LAW7062

Rights arising out of defacto cohabitation

Professor Marcia Neave

One 2-hour seminar per week * First semester * City

Objectives Students undertaking this subject should achieve an appreciation of the consequences which the law attaches to cohabitation outside marriage. Students will complete a study of the various legal and equitable principles which govern the property rights of defacto cohabitants and will consider the statutory regimes which currently apply in various Australian States. In addition students will broaden their knowledge of the legal incidents of property ownership which are of particular relevance in de facto proceedings including the law of co-ownership and severance of title, and the law pertaining to testamentary disposition of property and testator's obligations. Other incidents of defacto cohabitation including the relevance of the status to social security entitlements and superannuation benefits and standing to claim in fatal accident proceedings may also be considered.

Synopsis The subject covers the law of trusts, contracts and gifts as they apply to defacto cohabitants. Equitable doctrines such as estoppels, equitable accounting and the right to mesne profits will also be considered. Statutory regimes in Victoria, New South Wales, Northern Territory and ACT will be analysed and contrasted. Incidents of property ownership including co-ownership, severance, the law of caveats and the law of charges will be examined as well as testamentary aspects including contracts to leave property by will and the law of testator's family maintenance. Particular statutory entitlements including social security entitlements and standing to receive superannuation benefits and to make claims under fatal accidents legislation may also be covered.

Assessment Written research assignment (4000 words): 40% * Final examination: 50% * Class participation: 10%

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