Family Law

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Abstract

This subject introduces students to family law in a multicultural Australia. Students explore family law issues such as marriages, de facto relationships, divorce, property settlement and children under the Family Law Act 1975 (Cth). Issues of same-sex relationships and Indigenous perspectives on family law are also canvassed. In addition, underlying social issues such as child abuse and domestic violence are examined, including the recognition of children's rights. A number of these issues within the family law setting are canvassed within the context of gender and gender inequalities.

Syllabus

What is family? The historical, philosophical, sociological and political context and perspectivesContemporary multicultural Australia - family structure, changing family behaviour and current developments in family lawThe constitutional context: constitutional restraints and jurisdictional factors relevant to the litigation of family law disputesMarriage and de facto relationshipsPrincipal relief (separation, nullity and divorce)The … For more content click the Read More button below.

What is family? The historical, philosophical, sociological and political context and perspectives
Contemporary multicultural Australia - family structure, changing family behaviour and current developments in family law
The constitutional context: constitutional restraints and jurisdictional factors relevant to the litigation of family law disputes
Marriage and de facto relationships
Principal relief (separation, nullity and divorce)
The resolution of family law disputes (alternative dispute resolution)
Economic aspects of relationship breakdown, including property settlement and gender inequality
Spouse maintenance
Children in family law: parental responsibility and parenting orders
Child support
Indigenous concerns, perspectives and family law
Violence and family law, including injunctions and family violence orders
Parental child abduction: domestic and international legal responses
Contemporary issues in family law and future challenges in the realm of family law practice

Learning outcomes

Upon successful completion of this subject, students should:

be able to demonstrate an in-depth understanding of the historical context of family law, including the links between sociological, historical, philosophical and political perspectives on the developments in areas of family law;

be able to critically discuss the development and role of family law in multicultural Australia;

be able to identify restraints imposed on the powers of the family law courts by the Australian Constitution;

be able to demonstrate an in-depth understanding of the Family Law Act 1975 (Cth) and the Marriage Act 1961 (Cth), especially in relation to irretrievable breakdown of marriage, relationship breakdown, separation, divorce, property, and financial settlement arrangements;

be able to articulate and apply the current law relating to parental responsibility, children, access, and custody, including making professional judgement decisions, and identifying any pre-action procedures;

be able to critically evaluate legal mechanisms relating to the resolution of family disputes;

be able to demonstrate an understanding of family law within the context of gender, and the links between gender, family violence and the economic consequences of relationship breakdown, including gender inequalities associated with property settlements and financial arrangements;

be able to articulate and critically evaluate the role of law reform in the areas of child abuse and domestic violence; domestic and international laws targeting the crime of parental child abduction; and international developments in respect to the protection of children, including demonstrating an understanding of the best interests of the child principle; and

be able to reflect on Indigenous people's perspectives on family law, including addressing critical issues pertaining to Indigenous people's access to justice in the family law courts.

Assumed knowledge

All Level 1 LAW core subjects