78255 Australian 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.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 78101c Postgraduate Legal Research OR ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04147 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07074 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76516 Family Law
Description
Australia's family law system helps people resolve the legal aspects of family relationship issues, particularly relationship breakdown. In this subject students develop an understanding of the family law system including the dispute resolution procedures in the Australian Family Court and Federal Circuit Court. Students learn about the laws that govern the rights and obligations of parties in parenting and interpersonal relationship disputes by examining fundamental provisions of the Family Law Act 1975 and 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. The subject also critically examines the role of the family law system in dealing with relationship breakdown and compares the Australian system with legal systems in other jurisdictions. Students reflect critically on theory and professional practice through problem-solving exercises and discussions that 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.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Analyse, evaluate and apply the legislation, case law and policy that inform the operation of the family law system in Australia in resolving problem-based scenarios in order to provide accurate and appropriate legal advice on hypothetical problems based on common practical scenarios that are faced by family lawyers. |
|---|---|
| 2. | Draw on theoretical and practical knowledge and independent research in order to reflect critically on theories and professional practice in family law. |
| 3. | Construct logical, reasoned, and persuasive scholarly and legal arguments. |
| 4. | Creatively and analytically evaluate facts, problems and issues faced by participants in the family law system in a range of given scenarios from negotiation to a judicially determined outcome and respond with effective arguments and suggestions that critically appraise the available options for participants. |
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 complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0) - Research Skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions (4.0) - Communication and Collaboration
Effective and appropriate professional 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 at least one negotiation exercise during the subject 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 and approaches, and the 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 understanding of the self-learning materials.
Strategy 4: Applying Research Skills
Students undertake independent research relevant to assessment tasks and online discussions. Critical reading and analysis of scholarly materials for legal research and writing are important skills in law. Students practise their research skills by undertaking regular independent research in order to prepare for class discussion (mainly through internet and legal database searches). This enables students to enhance their research skills needed for the independent research project.
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.
Content (topics)
- Introduction
- Legal Regulation of Families
- Resolution Processes
- Children’s Issues: Who is Parent and the effect of relationship breakdown on children
- The Best Interests Checklist
- Equal Time/Substantial and Significant Time
- Specific Issues: Children’s Views, Culture, Religion
- Relocation and Abduction
- Violence and Abuse
- Property: Economic consequences of breakdown, and overview of jurisdiction
- Private ordering
- Property division overarching approach
- Property Specific Issues
Assessment
Assessment task 1: Class Participation and Preparation
| 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 Australian Family Law. |
|---|---|
| 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: | 20% |
| Length: | 1500 words equivalent |
| Criteria: |
|
Assessment task 2: Research Project
| Intent: | This task enables students to practise research skills and the 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: | 30% |
| Length: | 2500 words |
| Criteria: |
|
Assessment task 3: Scenario-based Final 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 and 5.0 |
| Weight: | 50% |
| Length: | 3000 words. No bibliography is required. Footnotes should only include references and will not be included in the word count. |
| Criteria: |
|
Required texts
- Belinda Fehlberg, Rae Kaspiew, Jenni Millbank, Fiona Kelly and Juliet Behrens, Australian Family Law: The Contemporary Context (OUP, 2nd ed, 2015).
- 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.
The Australian Journal of Family Law (AJFL).
Family Law Review
Journal of Family Studies Family Matters
The International Journal of Law, Policy and the Family
Canadian Journal of Family Law.
Canadian Family Law Quarterly.
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
