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Family Law (LAWS50047)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Semester 1
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | Semester 1 |
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Fees | Look up fees |
This subject aims to encourage a broad and sophisticated understanding of, and critical thinking about, contemporary Australian family law, by drawing on recent debate, research, and legal and policy developments in the area, focusing on parenting and financial disputes on relationship breakdown. A key goal is to consider legislation and case law in the context of empirical and other research literature from Australia and overseas to explore law in action. This is a particularly important goal given the importance of social sciences knowledge and professional skill in family law practice, research, policy and reform. Students will also have the opportunity to discuss and explore significant policy debates and stakeholder perspectives.
Family law is a rapidly changing area of law. Specific areas of emphasis throughout the subject will be influenced by contemporary developments. However, in broad terms the topics covered will include:
- Relationship recognition and flow-on impacts of this in family law;
- Post-separation parenting law and process;
- Family violence and family law: the relevance of family violence to both process and the substantive law (parenting and financial disputes);
- Child support;
- Property division on marriage and de facto relationship breakdown; and
- Spouse/partner maintenance.
Classes will include input from speakers invited to discuss with us their work in areas directly relevant to the material covered.
Intended learning outcomes
On completion of the subject, students will have:
- An advanced and integrated understanding of the complex legal framework and processes and professional skills now relevant to determining post-separation rights and responsibilities of family members in Australia on relationship breakdown;
- A sophisticated appreciation of the relevance and contribution of social sciences knowledge to family law practice, research and reform;
- A sophisticated appreciation of, and ability to engage in, the complex policy debates taking place in Australia and internationally in relation to family law and policy, particularly regarding parenting and financial disputes on relationship breakdown;
- A nuanced understanding of the differences that may exist between family law ‘in books’ (that is, in legislation and case law) and family law ‘in action’ (that is, as it is practiced and as it is experienced by family members); and
- A capacity to critically and independently analyse, reflect on and evaluate recent family law reform initiatives and proposals.
Generic skills
On completion of the subject, students will have developed the specialist skills required to independently synthesise, analyse, apply (to advise a hypothetical client) and critically reflect on and evaluate the complex web of legislation, case law, research, policy positions and reform initiatives relevant to understanding key issues arising in Australian family law and practice, focusing on post-separation parenting and financial disputes.
Students who successfully complete this subject will also have developed and demonstrated intercultural sensitivity and understanding, as well as sensitivity and understanding of issues confronting families affected by violence.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of all the below subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (On Campus - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50025 | Torts |
Semester 1 (On Campus - Parkville)
November (On Campus - Parkville)
|
12.5 |
LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50027 | Dispute Resolution | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50031 | Legal Theory |
Semester 2 (On Campus - Parkville)
November (On Campus - Parkville)
|
12.5 |
LAWS50030 | Property | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50033 | Trusts | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50030 Property and LAWS50033 Trusts may be taken concurrently.
Corequisites
None
Non-allowed subjects
None
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Final three-hour exam (100%).
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- Semester 1
Mode of delivery On Campus (Parkville) Contact hours 36 hours Total time commitment 144 hours Teaching period 26 February 2018 to 27 May 2018 Last self-enrol date 5 December 2017 Census date 31 March 2018 Last date to withdraw without fail 4 May 2018 Assessment period ends 22 June 2018 Semester 1 contact information
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Additional delivery details
This subject has an enrolment quota of 70 students. Your subject enrolment will not be confirmed until the selection process has been run. Selection is conducted on a random basis with outcomes communicated to students shortly after re-enrolment closes. Please refer to the Melbourne Law School website for more information on the JD Quota Elective selection process.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
- Fehlberg, B, Kaspiew, R, Millbank, J, Kelly, F and Behrens, J, Australian Family Law: The Contemporary Context (2015, OUP, South Melbourne); and
- Fehlberg, B, Kaspiew, R, Millbank, J, Kelly, F and Behrens, J, Australian Family Law: The Contemporary Context - Teaching Materials (2015, OUP, South Melbourne).
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022