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Family Law (LAWS50047)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
From 2023 most subjects will be taught on campus only with flexible options limited to a select number of postgraduate programs and individual subjects.
To learn more, visit COVID-19 course and subject delivery.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Overview
Availability(Quotas apply) | July |
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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.
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: 31 January 2024
Eligibility and requirements
Prerequisites
All of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50025 | Torts | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50026 | Obligations | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
LAWS50031 | Legal Theory |
Semester 2 (Dual-Delivery - Parkville)
November (Dual-Delivery - Parkville)
|
12.5 |
LAWS90140 | Disputes and Ethics | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
AND
Note: the following subject/s can also be taken concurrently (at the same time)
All of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50030 | Property | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50033 | Equity and Trusts | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
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: 31 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Open book, take-home examination
| 4 Weeks after the end of teaching | 100% |
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- July
Coordinators Belinda Fehlberg and Juliet Behrens Mode of delivery On Campus (Parkville) Contact hours Total time commitment 144 hours Pre teaching start date 29 June 2022 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 13 July 2022 to 20 July 2022 Last self-enrol date 4 March 2022 Census date 15 July 2022 Last date to withdraw without fail 29 July 2022 Assessment period ends 12 August 2022
Additional delivery details
This subject has an enrolment quota of 60 students.
All timely JD elective nominations are subject to a selection process, which the Academic Support Office will perform after the timely re-enrolment period ends.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
Last updated: 31 January 2024
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 to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 31 January 2024