Year
2023Credit points
10Campus offering
No unit offerings are currently available for this unitPrerequisites
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:
- Overview, historical and theoretical context
- Jurisdiction
- Marriage, divorce and nullity
- De facto and other relationships
- Family dispute resolution
- Family violence
- Children and parenting orders
- Financial orders and property settlement
- Spouse maintenance
- Child maintenance and child support
- Mediation and other dispute resolution in family law
- 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 Tasks | Weighting | Learning Outcomes | Graduate 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 Tasks | Weighting | Learning Outcomes | Graduate 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)