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76516 Family Law

Warning: The information on this page is indicative. The subject outline for a particular session, 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.

Subject handbook information prior to 2017 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): 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.

Description

Australia's family law system helps people resolve the legal aspects of family relationship issues, particularly relationship breakdown. In this subject students will develop an understanding of the Family Law system including the dispute resolution procedures in the Australian Family Court and the Federal Circuit Court. Students will learn about the laws that govern the rights and obligations of parties in parenting and/ or interpersonal relationship disputes by examining fundamental provisions of the Family Law Act 1975 and the Child Support legislation. This subject develops the knowledge base and analytical skills of students through problem-solving exercises that mirror the legal and factual issues that arise in legal practice when advising on, or adjudicating family law matters. All problem-solving exercises and discussions are underpinned by relevant practical and social policy issues including the impact of family violence and the growing awareness of children's rights. Students also undertake research in order to critically evaluate the laws, practices and policies dealing with the complex public and private interests at stake upon relationship breakdown. The subject combines both a theoretical and a vocational approach 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.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. Identify and apply the legislation, case law and policy that inform the operation of the family law system in Australia in resolving problem-based scenarios.
2. Critically analyse the legal framework pertaining to the regulation of different types of domestic relationships and families in Australia.
3. Construct logical, reasoned, persuasive and justifiable legal and scholarly arguments.
4. Creatively and analytically evaluate factual, legal and policy issues and justify their relevance to contemporary family law debates.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes:

  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0)
  • Research skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (4.0)
  • Communication and Collaboration
    Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)

Teaching and learning strategies

Strategy 1: Students’ Preparation for Class activity

Students’ preparation and reflection outside the classroom is central to the learning in this subject, which relies on students familiarising themselves with the substantive law before each class. Each week there are key resources, such as reading materials, short videos and podcasts that students need to engage with before each class. The seminars will involve collaborative discussion and evaluation of the preparatory materials in order to develop new perspectives and to share ideas, thoughts and concerns. There will be opportunities for students to ask questions to test their understanding of the self-learning materials during seminars.

Students improve their skills in evaluating legal and policy issues, problem-solving, and constructing arguments by participating in student-led discussions on UTSOnline including posing questions, answering questions and discussing research. Such posts may seek clarification and feedback on students’ understanding of the set materials or may provide student perspectives on the materials for the purpose of discussion. Consideration of the Discussion Starter Questions in the Reading Guide will assist students to participate in collaborative and class discussions. The Reading Guide is in the Subject Documents folder of UTSOnline.

Strategy 2: Learning through Seminar Discussion, Role-play and Problem Solving

The ability to solve problems is an essential skill in lawyering. Problem–solving involves interpreting and analysing legislation and cases and identifying and applying the relevant rules in family breakdown problem based-scenarios. All students will take part in problem- solving exercises during seminars, both individually and in groups.

Each week, students will also engage in class and group discussion and oral presentations on various issues and problems raised in the recommended readings. Students can use these opportunities to improve their communication skills and abilities to construct legal arguments in a setting not unlike a family law practice where both teamwork and individual communication skills are essential.

Role-playing allows students to develop empathy for those involved in the Family law system. Students all take part in a compulsory negotiation exercise during the course acting for parties in a financial dispute so as to add authenticity to the way that Family lawyers resolve disputes and/ or prepare for litigation. All students must provide written feedback on their goals, approaches and outcomes of the negotiation. The negotiation role-plays are debriefed in the final class and feedback is provided on the workability of the outcomes negotiated.

Strategy 3: Engaging in Lectures and Guest Presentations

The teacher and guest speakers will provide alternative perspectives on, and clarification of, the recommended readings. These talks are a key part of learning in this subject. Students are encouraged to ask questions and challenge ideas during and after these talks to test their understandings of the self-learning materials.

Strategy 4: Applying Research Skills

Students undertake independent research relevant to assessment tasks and on-line discussions. Critical reading and analysis of scholarly materials for legal research and writing are important skills in law. Students will also develop skills in identifying and synthesizing relevant material and using it to make reasoned, justifiable and persuasive written and oral arguments.

Strategy 5: Feedback:

Detailed guidance as to the assessment criteria and the provision of timely feedback will form an important part of the learning process.

Early formative feedback in this subject is provided by students completing a brief multiple choice online quiz in week 3. This quiz provides students with feedback (no marks allocated) on their fundamental knowledge about Family law systems and processes.

Feedback on research skills is provided by formative in-class feedback during discussions and by formal written feedback on research essays. Formative oral and written feedback will respond to students’ problem-solving strategies and skills in expressing solutions. Ongoing formative feedback on communication skills is provided during seminars to individuals and discussion groups throughout the teaching session. Feedback on the negotiation exercise will take the form of class discussion on the feasibility of the financial outcomes reached.

Subject Delivery

Family law is delivered by way of weekly 3 hour seminars, self-directed learning activities and discussion via UTSOnline.

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

Content (topics)

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

Assessment

Assessment task 1: Class Preparation and Class Participation

Intent:

Participation in class discussions provides students with the opportunity to reflect on their learning through the various topics covered in the subject and contribute to the learning process as well as to develop and refine oral skills. Students should aim to contribute to other students’ experience of the course as well as their own through listening, reflection and contribution to constructive debate. Students who prepare for and participate in the seminars will gain a much richer understanding of Family Law.

The 10% weight of the assessment task comprises 5% general class participation and 5% acting as a Class Discussion Leader for a specific class/topic
Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

3.0, 4.0 and 5.0

Weight: 10%
Criteria:
  • Attentiveness in class and evidence of preparation for class demonstrated by ability to identify the relevant laws and policy required to solve problem-based scenarios.
  • Quality of participation demonstrating evidence of critical thinking in relation to the issues raised in the Discussion starter questions.
  • Reflective, responsive and respectful attitudes towards other perspectives – participation demonstrates willingness to consider alternative viewpoints and, where relevant, to admit to lack of understanding or areas of confusion. Family law practice requires the application of legal knowledge to real life problems and those problems may raise perspectives at odds with the students’ own perspectives. The ability to analyse problems and critically analyse various viewpoints is an essential skill for family lawyers.
  • Clarity of expression/articulation showing an ability to formulate responses in clear and succinct terms.
  • Initiative in generating discussion or raising pertinent questions where appropriate, contributing to the collaborative learning environment in class.

Assessment task 2: Research Essay

Intent:

This task enables students to practice research skills, analysis of legal and policy issues, and to develop clear, well-reasoned and persuasive arguments.

Objective(s):

This task addresses the following subject learning objectives:

2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

3.0, 4.0 and 5.0

Weight: 50%
Length:

2500 words
Criteria:
  • Clearly stated argument and plan for essay.
  • Clear written expression with correct use of grammar and spelling.
  • Ability to identify and critique the relevant legislation, cases, parliamentary and departmental reports and scholarly writing.
  • Coherent and logical analysis of the legal and policy issues.
  • Evidence of independent research that identifies relevant material.
  • Provides original insights into the issues.
  • Ability to evaluate and synthesise legal and scholarly research through critically analysing the material and using it to support arguments.
  • Demonstrates judgment and responsibility in the context of academic integrity including submitting own work and accurately and honestly referencing and acknowledging sources.
  • Referencing complies with AGLC (3rd edn).

Assessment task 3: Negotiation Task

Intent:

This task enables you to practice empathy with participants in the Family law system and to utilise research, collaboration and communication skills in a situation similar to those in which Family lawyers often work, that is attempting to negotiate outcomes rather than proceed to litigation.

This assessment task is Pass/ Fail. This task is compulsory for eligibility to sit the Scenario-Based Exam.
Objective(s):

This task addresses the following subject learning objectives:

1 and 3

This task contributes specifically to the development of the following graduate attributes:

5.0

Weight: Mandatory task that does not contribute to subject mark
Criteria:
  • Ability to identify the relevant laws informing the possible negotiation outcomes
  • Ability to construct reasoned arguments in the negotiation, applying legal knowledge to the negotiation fact scenario
  • Outcome demonstrates ability to communicate their client’s interests effectively in the negotiation
  • Effective collaboration with negotiation partner to attempt to reach a settlement to the dispute

Assessment task 4: Scenario-based Examination

Intent:

In this task students are assessed on their ability to apply legal knowledge and problem-solve in circumstances similar to those in which lawyers work such as solving problems under time constraints.
Objective(s):

This task addresses the following subject learning objectives:

1, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

3.0, 4.0 and 5.0

Weight: 40%
Length:

2 hours (plus 10 minutes reading time)
Criteria:
  • Correct identification of relevant factual and legal issues
  • Correct application of rules and case law
  • Clear and succinct communication
  • Critical analysis of relevant statute law, case law and secondary materials to generate an argument that provides the most appropriate resolution to the problem

Required texts

  1. Belinda Fehlberg, Rae Kaspiew, Jenni Millbank, Fiona Kelly and Juliet Behrens, Australian Family Law: The Contemporary Context (OUP, 2nd ed, 2015).
  2. Belinda Fehlberg, Rae Kaspiew, Jenni Millbank, Fiona Kelly and Juliet Behrens, Australian Family Law: The Contemporary Context: Teaching Materials (OUP, 2nd ed, 2015).

Recommended texts

Renata Alexander, Alexandra Harland, Zoe Rathus and Donna Cooper, Family Law Principles (Thomson Reuters, 2011)

Richard Chisholm, Suzanne Christie and Julie Kearney, Annotated Family Law Legislation (LexisNexis, 2014)

Anthony Dickey, Family Law (Thomson Reuters, 6th ed, 2013).

Patrick Parkinson, Australian Family Law in Context: Commentary and Materials (Thomson Reuters, 6th ed, 2015).

Lisa Young, Geoff Monahan, Adiva Sifris and Robyn Carroll, Family Law in Australia (LexisNexis Butterworths, 8th ed, 2013).

Australian Master Family Law Guide (CCH, 6th ed, 2013).

Please always check the date of publication – you should exercise caution with any text that is an older edition. Family Law changes often and there have been substantial changes made at various times. Older texts can still 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 the reported version.

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

Also useful is the Child and Family Law Quarterly (UK) – on LEXIS; Family Court Review (predominently US content)

Useful Internet Sites

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

Federal Circuit Court of Australia http://www.federalcircuitcourt.gov.au/

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

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