|Course code LAWS5063||Units 10||Level 5000||Faculty of Business and LawNewcastle Law School|
LLB courses are only available to students enrolled in Bachelor of Laws (LLB) degree programs.
This course will introduce students to the law regulating family relationships within formal marriage and de facto relationships where governed by Commonwealth law. The course takes a law in context approach, examining key aspects of family law in Australia in their social and political context. It examines the strengths and weaknesses of existing law and the effect of law reform. It supports the development of knowledge relevant to practice in family law. Topics covered include the legal regulation of families; forms of family dispute resolution; violence within families and responses to violence; parental responsibility and decisions in relation to children following separation; the best interests of children and childrens rights; child support, spousal maintenance, and property division on separation; role of family lawyers; law reform.
Available in 2014
|Objectives||To assist students to:|
1. Develop an understanding of the context-specific nature of family law, and the importance of knowledge and professionals outside the legal realm;
2. Develop a critical appreciation of how the law defines a family and regulates personal relationships, family formation and breakdown through active engagement with primary and secondary materials;
3. Gain an understanding of the impact of family law and law reform in the contemporary context and develop the ability to craft arguments for/ against law reform.
4. Develop awareness of the breadth and distinctiveness of the family lawyers' professional and ethical role.
5. Further develop core skills in the context of the knowledge gained in the course, including: the ability to identify legal and non legal issues and to apply legislation and cases to legal problems; oral communication; legal research and writing.
|Content||1. The constitutional framework of family law and jurisdiction of courts dealing with family law|
2. Marriage, de facto relationships, nullity and divorce
3. Forms of family dispute resolution
4. Family violence
5. Parental responsibility; decision making about children; childrens rights and best interests.
6. Property: the meaning of property and financial resources and alteration of property interests under the FLA;
7. Professional practice, roles and ethics of family lawyers
8. Family Law Procedure including less adversarial trials
9. Law reform in family law and the relevance of interdisciplinary knowledge and research.
|Assumed Knowledge||LAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A, LAWS2003B, LAWS3004A, LAWS3004B, LAWS4011|
|Modes of Delivery||Internal Mode|
|Contact Hours||Lecture: for 2 hour(s) per Week for Full Term|
Seminar: for 2 hour(s) per Week for Full Term
|Timetables||2014 Course Timetables for LAWS5063|