Information on this page, including unit offerings, is from the 2020 academic year.
Family Law (LLB370)
|Organisational Unit||Law and Criminology|
|Teaching Timetables||Murdoch S1
|Description||This unit introduces students to the state and federal laws that regulate the formation and dissolution of legal and de facto marriages and which assist in resolving ancillary disputes. Topics covered include: marriage, divorce, parentage, parenting disputes, property settlement, child support and spousal maintenance. In particular, we consider in detail the interpretation of the most important aspects of the Family Law Act 1975 (Cth).|
|Unit Learning Outcomes||On successful completion of the Unit you should be able to:
1. Advise a client on a basic family law matter involving marriage, divorce, property settlement, a parenting dispute, parentage, child support and spousal maintenance.
2. Understand some of the fundamental assumptions that lie at the heart of family law and adopt a critical approach to considering 'family law'.
3. Understand what is required to draft a basic family law memo for the use of another solicitor.
4. Understand the knowledge, skills and attitudes required of a family law solicitor and understand the further knowledge, skills, attitudes and abilities you would need to acquire to be able to practice as a family law solicitor in the community.
|Timetabled Learning Activities||Lectures: 24 hours per semester (this may be 2 hours per week but alternatively may be spread across the semester in irregular intensive blocks).|
|Unit Learning Experiences||The approach to learning in this unit is one that encourages students to take responsibility for their own learning and to reflect critically on the law as is presently operates. Thus, the lectures do not attempt to cover everything required for the two major assessment pieces. Rather lectures explain the framework of the relevant areas of law and encourage students to think critically about the law by semi-structured discussions of topical issues. The two major assessments, however, will require students to take that framework and use their research skills to apply the law to a complex real life scenario. The assessments are deliberately structured so as to reflect the way family law operates in practice, but at the same time raise issues of contemporary debate, which are brought to life by the particular factual scenarios chosen. Having engaged deeply with these scenarios, and been asked to take responsibility for deciding a matter, student learning is enhanced.|
|Assessment||The assessments are structured to reflect the practical operation of family law while at the same time raising issues of contemporary debate through the particular factual scenarios. The assessment tasks may include a parenting assignment, a property negotiation exercise and an extended short answer exam. The more heavily weighted parenting and property assignments are research exercises requiring students to consider the outcomes of complex parenting and property disputes. They are designed to help students develop a deep understanding of the process and law in these areas as well as providing the opportunity to assess the law critically. The exam covers tests whether students have a broad understanding of the key legal principles applied in the remaining areas of family law.|
|Prerequisites||Successful completion of LLB253 Property Law A and LLB254 Property Law B Or LAW253 Property (pre 2015)|
|Exclusions||Students who have successfully completed LAW370 Family Law may not enrol in this unit for credit.|
|Appears in these Courses/Majors:
see individual structures for context
|Internet Access Requirements||Murdoch units normally include an online component comprising materials, discussions, lecture recordings and assessment activities. All students, regardless of their location or mode of study, need to have access to and be able to use computing devices with browsing capability and a connection to the Internet via Broadband (Cable, ADSL or Mobile) or Wireless. The Internet connection should be readily available and allow large amounts of data to be streamed or downloaded (approximately 100MB per lecture recording). Students also need to be able to enter into online discussions and submit assignments online.|