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Comparative Family Law (LAWS90156)
Graduate courseworkPoints: 12.5Not available in 2024
Overview
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In an increasingly globalised world, it is no longer enough for lawyers to be familiar with only the law in their jurisdiction. This subject aims to develop a nuanced and sophisticated understanding of family law issues arising in many jurisdictions around the world, grounded in an Australian perspective. Based on a subject taught at the University of Cambridge, core areas of family law will be looked at in a comparative perspective that examines traditional statutory and judicial materials in the context of the specific legal, cultural and social traditions of each jurisdiction. Through this approach, the subject aims to encourage fresh insights on how we think about family law (including options for reform) as it operates in our ‘home’ jurisdictions, and to deepen our understanding, appreciation and working knowledge of family law as it operates elsewhere. The subject aims to leave students – including those not intending to practice in family law – better placed to identify relevant family law problems arising in national and international cases.
Principal topics include:
- What is Comparative Family Law?
- The relevance of gender in family law (particularly in relation to relationship recognition)
- Divorce
- Legal recognition of adult relationships (including married, de facto and non-cohabiting couples; carers; non-conjugal relationships)
- Property and maintenance on relationship separation
- Financial agreements and private autonomy
- Parentage and the right to know one’s genetic heritage (including questions of medically assisted reproduction)
- Parental responsibility/time.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the way several core areas of family law are approached in selected jurisdictions, including recent developments globally in those key areas
- Have a sophisticated appreciation of the underlying social issues and the policies underlying and informing legal rules and law reform in those selected jurisdictions
- Be an engaged participant in debate regarding emerging and contemporary issues arising in the field in jurisdictions around the world, including in the areas of relationship recognition, legal gender, financial settlements and parenting arrangements after couple relationship separation, and parentage
- Be able to critically examine, analyse, interpret and assess the effectiveness of approaches taken in the selected jurisdictions, based on the respective legal, cultural and social environments in which they have developed.
Last updated: 10 November 2023
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
- The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
- The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
- The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
- The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
- The ability to work independently and as a part of a group;
- The ability to present orally and in writing legal analysis to a professional standard.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
Last updated: 10 November 2023
Assessment
| Description | Timing | Percentage |
|---|---|---|
Class participation | Throughout the teaching period | 10% |
Research paper on topic approved by the subject coordinator
| 9 October | 90% |
| Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Last updated: 10 November 2023
Quotas apply to this subject
Dates & times
Not available in 2024
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 10 November 2023
Further information
- Texts
Prescribed texts
Specialist materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Links to additional information
- 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.
- 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: 10 November 2023