Year

2024

Credit points

10

Campus offering

No unit offerings are currently available for this unit

Prerequisites

LAWS104 Foundations of Law and Legal Research

Teaching organisation

4 hours per week for twelve weeks or equivalent.

Unit rationale, description and aim

This unit introduces students to the core principles in family law and to consider the role of the law in constructing and regulating family life. The unit considers the way in which the law defines and regulates the formation and dissolution of marriage and de facto relationships, the care of children and the reallocation of property interests after a marriage or de facto relationship ends. The unit also examines family violence as it impacts on family law decision making and the legal protection of parents and children from family violence.

Learning outcomes

To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.

Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.

Explore the graduate capabilities.

Learning Outcome NumberLearning Outcome Description
LO1Critically discuss and appreciate contemporary legal issues arising in the highly dynamic area of family law
LO2Identify and critically apply law relevant and applicable to family law disputes
LO3Communicate effectively to others the outcome of legal analysis and research

Content

Topics will include: 

 

  1. Overview, historical and theoretical context 
  2. Jurisdiction 
  3. Marriage, divorce and nullity 
  4. De facto and other relationships 
  5. Family dispute resolution 
  6. Family violence 
  7. Children and parenting orders 
  8. Financial orders and property settlement 
  9. Spouse maintenance 
  10. Child maintenance and child support 
  11. Mediation and other dispute resolution in family law 
  12. Ethics in family law practice 

Learning and teaching strategy and rationale

Mode: Lectures, tutorials, electronic consultation, library tasks and presentations or Online lectures and activities.  

 

Duration: 3 hours per week over 12 weeks or equivalent.  Students are expected to spend 150 hours in total for this unit. 

 

This level two elective unit allows students to demonstrate more advanced knowledge, skills and understanding in a specialist area of law building on knowledge developed in the compulsory units.  

 

Our strategy is to encourage students to creatively engage with unit content and to apply Priestley knowledge in a specialist area of law.  

 

The unit is designed to be delivered in intensive, weekly mode or online mode. We have taken a multimodal learning approach to provide accessibility and flexibility to our students and a student-focused approach that increases depth of learning and engagement through actively utilising Canvas.

Assessment strategy and rationale

The assessment strategy is designed to assess knowledge, skills and understanding in a specialist area of law, and to apply Priestley knowledge to a specialist area of law.  

 

The assessment tasks for this unit are designed to demonstrate achievement of each of the learning outcomes listed.  

Overview of assessments

Brief Description of Kind and Purpose of Assessment TasksWeightingLearning Outcomes

Letter of Advice to Client (1000 words)

20%

LO2, LO3

Research assignment: requires students to demonstrate their ability to research the assigned topic and critically evaluate the relevant laws

40%

LO1

Examination: requires students to answer hypothetical problems and short answer questions that will be based on the material presented in lectures and tutorials.

40%

LO2, LO3

 INTENSIVE DELIVERY

Brief Description of Kind and Purpose of Assessment TasksWeightingLearning Outcomes

Preparatory Participation Activities

20%

LO2, LO3

Research assignment: requires students to demonstrate their ability to research the assigned topic and critically evaluate the relevant laws

40%

LO1

Examination: requires students to answer hypothetical problems and short answer questions that will be based on the material presented in lectures and tutorials.

40%

LO2, LO3

Representative texts and references

Lisa Young et al, Family Law in Australia (8th ed, LexisNexis Butterworths, 2012) 

 

Belinda Fehlberg and Juliet Behrens, Australian Family Law: The Contemporary Context (Oxford University Press, 2007) 

 

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

 

P Parkinson and J Behrens, Australian Family Law in Context: Commentary and Materials (Australia LBC Information Services, 5th ed, 2012) 

 

Renata Alexander et al, Family Law Principles (Thomson Reuters, 2011) 

 

Julie Wallbank, et al, Rights, Gender and Family Law (Routledge Glasshouse, 2010) 

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