Family Law (7031.5)

Studies the law and the context which affects the formation and regulation of families in our changing society. It focuses on the formation and dissolution of marriage, decision-making about children, property division, effects of violence, and the indeterminacy of Family Law. Other issues focused on include: Part VII of the Family Law Act and he implementation of the; best interest test, emphasis on mediation and private ordering, relocation and the changing legislations impact on defactos, same-sex couples and transsexuals.

Learning outcomes

comprehend the relevant legal and other issues to which a family law dispute may give rise
discuss the application of legislative provisions and case law in a given hypothetical factual situation involving a family law dispute
demonstrate understanding of relevant inter-disciplinary material and ability to apply it in advising on and making decisions about family law disputes
take a position on family law issues, making explicit and defending the values and policies relied on indicating an understanding of diversity
engage in critical analysis of aspects of family law
identify and research family law materials
undertake legal research, oral presentation and writing, including the ability to synopsise
develop coherent oral and written analysis of contemporary issues in family law
look at the law holistically and contextually

Graduate attributes

1. UC graduates are professional - communicate effectively
1. UC graduates are professional - display initiative and drive, and use their organisation skills to plan and manage their workload
1. UC graduates are professional - employ up-to-date and relevant knowledge and skills
1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
2. UC graduates are global citizens - adopt an informed and balanced approach across professional and international boundaries
2. UC graduates are global citizens - communicate effectively in diverse cultural and social settings
2. UC graduates are global citizens - make creative use of technology in their learning and professional lives
2. UC graduates are global citizens - think globally about issues in their profession
3. UC graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas
3. UC graduates are lifelong learners - evaluate and adopt new technology
3. UC graduates are lifelong learners - reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development

Skills development

This subject presents an examination of the law and context affecting the formation and regulation of families in our changing society. It focuses on the formation and dissolution of marriage, decision-making about children, property division, effects of violence, and the indeterminacy of Family Law. Other specific focuses include Part VII of the Family Law Act 1975 (Cth)  and the implementation of the best interest test, emphasis on mediation and private ordering, relocation and the changing legislation’s impact on De facto couples, same-sex couples and transsexual people. Students learn to discuss and apply the legislative provisions and case law in a given hypothetical situation involving a family law dispute; engage in critical analysis of aspects of family law; identify and research family law materials; develop coherent oral and written analysis of contemporary issues in family law.

 

Prerequisites

4977 Introduction to Business Law OR 6599 Law and Society OR 9523 Business Law & Ethics OR 6602 Legal Systems

Corequisites

None.

Assumed knowledge

None.