Year

2023

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.

On successful completion of this unit, students should be able to:

LO1 - Critically discuss and appreciate contemporary legal issues arising in the highly dynamic area of family law (GA1, GA2, GA4, GA5, GA6) 

LO2 - Identify and critically apply law relevant and applicable to family law disputes (GA1, GA2, GA4, GA5, GA6) 

LO3 - Communicate effectively to others the outcome of legal analysis and research (GA4, GA5, GA6, GA8, GA9) 

Graduate attributes

GA1 - demonstrate respect for the dignity of each individual and for human diversity 

GA2 - recognise their responsibility to the common good, the environment and society 

GA4 - think critically and reflectively 

GA5 - demonstrate values, knowledge, skills and attitudes appropriate to the discipline and/or profession 

GA6 - solve problems in a variety of settings taking local and international perspectives into account

GA8 - locate, organise, analyse, synthesise and evaluate information 

GA9 - demonstrate effective communication in oral and written English language and visual media 

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 blended 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 LEO.   

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 OutcomesGraduate Attributes

Letter of Advice to Client (1000 words) 

20% 

LO2, LO3 

GA1, GA2, GA4, GA5, GA6, GA8, GA9 

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

40% 

LO1 

GA1, GA2, GA4, GA5, GA6 

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 

GA1, GA2, GA4, GA5, GA6, GA8, GA9 

 INTENSIVE DELIVERY

Brief Description of Kind and Purpose of Assessment TasksWeightingLearning OutcomesGraduate Attributes

Preparatory Participation Activities 

20% 

LO2, LO3 

GA1, GA2, GA4, GA5, GA6, GA8, GA9 

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

40% 

LO1 

GA1, GA2, GA4, GA5, GA6 

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 

GA1, GA2, GA4, GA5, GA6, GA8, GA9 

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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