76516 Family Law

Warning: The information on this page is indicative. The subject outline for a particular semester, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

UTS: Law
Credit points: 6 cp

Subject level:

Undergraduate and Postgraduate

Result type: Grade and marks

Requisite(s): 70616 Australian Constitutional Law AND 70317c Real Property
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78134 Current Issues in Family Law AND 78135 Current Issues in Family Law

Handbook description

This elective subject introduces undergraduate students to the principles that govern the laws, rights and obligations of parties in parenting and/or interpersonal relationship disputes. The legal recognition and regulation of different types of domestic relationships and families, including married, de facto (same-sex and opposite-sex) and other domestic relationships is considered. The subject covers four main areas:

• the historical and current development of family law, including constitutional and jurisdictional issues; and principal relief (divorce and nullity)
• children and parental responsibility (parenting disputes)
• spousal maintenance and child support (family support)
• claims and agreements in relation to property (property settlement).

The subject combines both a theoretical and a vocational approach to the study of these issues, which not only benefits students interested in these issues, but also those students considering a career in legal practice and/or the delivery of family law-related services. Emphasis is also given to the practical and social policy issues in each of these areas, including the impact of family violence and the growing awareness of children's rights.

Subject objectives/outcomes

This subject will assist students to develop graduate attributes by pursuing the following learning objectives. Students will undertake class activities to practise their development of these attributes, and will complete a range of assessment tasks designed to assess their attainment of the identified attributes.

1. To engage in study and research to correctly identify, describe and apply the relevant principles of law and procedure (GA 1, 3, 5 and 8)
2. To engage in analysis and critique from various perspectives and values (GA 1, 2, 6 and 9)
3. To think and act creatively, strategically and ethically (GA 1, 2, 7, 8, 9 and 10)
4. To apply the principles of law to research questions and problems to construct and develop solutions to resolve problems and disputes (GA 1, 2, 5 and 8)
5. To master the subject by completing the relevant assessment components(GA 2, 3, 5 and 8)

Contribution to course aims and graduate attributes

The UTS, Faculty of Law has identified a number of professional attributes that graduates from the Faculty will possess upon graduation.

INTELLECTUAL
1. Critical Thinking: An appropriate level of independent thinking, creativity and critical analysis.
2. Analysis and Evaluation: An ability to strategically analyse issues of law, evaluate options and viewpoints to reach and implement decisions.
3. Spoken and Written Communication: Advanced oral and written communication skills.
4. Legal Research and Technological Literacy: Appropriate research techniques to acquire, distil and utilise legal information.

PROFESSIONAL
5. Disciplinary Knowledge: A coherent and extensive knowledge of substantive and procedural law.
6. Lifelong Learning: A capacity to continually update the knowledge skills and awareness appropriate to the practice of law.
7. Ethics: A capacity to value and promote honesty, accountability and ethical standards.

PERSONAL
8. Self and Cooperative Work Management: Self and priority management skills including cooperative work.
9. Cultural Awareness and a Global Outlook: An appreciation and valuing of cultural and intellectual diversity and an ability to function in a global environment.
10. Social Justice: An acknowledgement and acceptance of individual responsibilities and obligations and of the assertion of the rights of the individual and the community.

Teaching and learning strategies

Strategy 1 Delivery by independent research and inter-active discussion-based lecture/seminars
Strategy 2 Development of skills of statutory interpretation, case analysis, independent research and problem solving

Subject Delivery
The course is taught through interactive discussion-based seminars which require advance preparation and active engagement.

Lecture Format
Delivery of information will be through recommended readings and preparation to be completed before the student attends the lecture/seminar. There will not be formal lectures.

Tutorial Format and Expectation of Student Participation
The student is expected to take responsibility for much of his or her own learning by reading in advance and considering the issues raised by the readings and problem questions set for each week and published on UTSOnline. These should be downloaded from UTSOnline before the commencement of week 1 so that reading and preparation will have been commenced before the first seminar.

The seminars will call on students to discuss and evaluate their reading from new perspectives and to share ideas, thoughts and concerns.

Each week several students will be allocated specific questions to prepare in order to lead the class discussion. This is an assessment task.

Students are expected to attend and actively participate in all lecture/seminars and marks are allocated for attendance and participation. Attendance and participation at less than 10 of the scheduled seminars (excluding the last in week 14) could disentitle the student to more than a pass mark for attendance and participation.

Content

• Historical background and constitutional factors and current issues.
• Domestic relationships – marriage and non-marriage
• Family Law and Alternate Dispute Resolution; the collaborative family lawyer
• Breaking the tie that binds: separation, nullity and divorce
• Children and Parenting Disputes
• Financial support: Child Support and Spousal Maintenance
• Property Disputes
• Injunctions and Family Violence Orders

Assessment

Assessment Item 1: Class Participation: Discussion Leadership 10% and Participation as a class participant through semester 10%

Objective(s):	Objectives: Oral Skills Graduate Attributes 3, 5 and 9
Weighting:	20%

Assessment Item 2: Research Essay

Objective(s):	Objectives: Research Analysis and Writing Skills Graduate Attributes 4, 5 and 9
Weighting:	40%

Assessment Item 3: Open Book Examination

Objective(s):	Objectives: Synthesis and Analytic Skills Graduate Attributes 3, 5 and 9
Weighting:	40%

Assessment Item 4: Negotiation Task: Formative Assessment, oral skills. (No value but compulsory)

Required texts

Patrick Parkinson, Australian Family Law in Context: Commentary and Materials, 5th ed (2012)

REQUIRED Reading Materials available through UTSONLINE divided by Class and Topic.

Please read in advance and bring both text and required materials to class.

Recommended texts

Belinda Fehlberg and Juliet Behrens, Australian Family Law: The Conteporary Context , 2009.

Lisa Young, Geoff Monahan, Adiva Sifris, Robyn Carroll, Family Law in Australia, 8th ed, 2013.

Students should use any texts published before 2010 with caution, due to significant changes in the Family Law Act; these texts can contain useful commentary, but students should ALWAYS check references to the Family Law Act 1975 to see if they are current.

Other resources

Legislation
Students will require access to the following legislation:

• Family Law Act 1975 (Cth), and Rules and Regulations (as amended)

An updated copy of the FLA, such as the latest edition of the CCH Australian Family Law Act, (or the one available via ComLaw) should be referred to for all provisions.

Looseleaf Services

CCH, Family Law and Practice Commentary. This is available online via the Law Databases, in CCH ONLINE, FAMILY LAW LIBRARY, or through searching the title through catalogue.

CCH, De Facto Relationships Commentary. Also online via Law Databases. Butterworths, Australian Family Law.

Case Reports in Family Law

Note that many Australian Family Law cases are available on http://www.austlii.edu.au/.

For very recent cases see New Judgments on the Family Court of Australia website.

If the case is reported you should always cite to reported versions.

Journals – ALL Available in full text through the UTS library catalogue.

Ø The Australian Journal of Family Law (AJFL).

Ø Journal of Family Studies .

Ø Family Matters.

Ø The International Journal of Law, Policy and the Family - all except past 12 months available through UTS Library catalogue in full text, latest issue free online.

Ø Canadian Journal of Family Law.

Ø Canadian Family Law Quarterly.

Also useful is the Child and Family Law Quarterly (UK) – on LEXIS.

Useful Internet Sites

Family Court of Australia http://www.familycourt.gov.au/

Federal Magistrates Court http://www.fmc.gov.au/

Australian Institute of Family Studies http://www.aifs.gov.au

Family Law Council http://www.ag.gov.au/flc