Faculty of Business and Law

School: Law and Justice

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Family Law
  • Unit Code

    LAW4607
  • Year

    2015
  • Enrolment Period

    1
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online

Description

This unit involves a detailed examination of current family law in Australia. The unit examines matters including a historical introduction to family law, the division of family law powers under the constitution, the Family Law Act and the Family Court, marriage, nullity and dissolution, the consequences of marriage and the status of children, the powers and responsibilities of parents and orders made as to children, parents and maintenance. Equitable procedures for the distribution of property and considerations relating to care of children will be highlighted.

Prerequisite Rule

Students must pass 1 unit from LAW1116, LAW1600

Learning Outcomes

On completion of this unit students should be able to:

  1. Apply family law concepts in critical analysis of problem scenarios and advocate for or justify the position of a party.
  2. Critically consider the application of family law within Australian society.
  3. Demonstrate a significant knowledge and understanding of current family law in Australia.

Unit Content

  1. An historical introduction to family law.
  2. An introduction to the Family Law Act and the Family Court.
  3. Child support.
  4. Commonwealth and State powers in family law.
  5. Contact orders.
  6. Injunctions.
  7. Jurisdiction of Courts administering the Family Law Act.
  8. Marriage as a contract.
  9. Marriage, nullity, dissolution and defacto relationships.
  10. Matrimonial property proceedings.
  11. Parental powers and responsibilities.
  12. Parenting and welfare orders under the Family Law Act.
  13. Spousal, children and de facto maintenance.
  14. The status of children.

Additional Learning Experience Information

This unit is offered on campus and off campus. For on campus students there is a class contact commitment of 2 hours of lectures and 1 hour of tutorial per week for 1 semester. Off-campus students access the unit via Blackboard. Regular online access is required. All written work is required to demonstrate the application of professionally appropriate language skills.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ParticipationTutorial participation10%
AssignmentOption (a) 2,500 word essay, or (b) 1,500 word essay plus presentation in format agreed with the Unit Coordinator.40%
ExaminationFinal Examination50%
ONLINE
TypeDescriptionValue
ParticipationTutorial participation10%
AssignmentOption (a) 2,500 word essay, or (b) 1,500 word essay plus presentation in format agreed with the Unit Coordinator.40%
ExaminationFinal examination50%

Text References

  • ^ Mills, E. (2005). Butterworth tutorial series (3rd ed.). Chatswood, NSW: Butterworths
  • ^ Dickey, A. (2007). Family law (5th ed.). Pyrmont, NSW: Lawbook Co.
  • ^ LEGISLATION Family Law Act 1975 (Cth) Family Court Rules 1984 (Cth) Family Court Act 1997 (WA)
  • Alexander, R., Cooper, D., Harland, A., & Rathus, Z. (2011). Family law principles. Pyrmont, NSW: Thomson Reuters.
  • Parkinson, P., & Behrens, J. (2011). Australian family law in context: Commentary and materials (5th ed.). Pyrmont, NSW: Lawbook Company.

^ Mandatory reference


Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW4607|1|1

Faculty of Business and Law

School: Law and Justice

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Family Law
  • Unit Code

    LAW4607
  • Year

    2015
  • Enrolment Period

    2
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online

Description

This unit involves a detailed examination of current family law in Australia. The unit examines matters including a historical introduction to family law, the division of family law powers under the constitution, the Family Law Act and the Family Court, marriage, nullity and dissolution, the consequences of marriage and the status of children, the powers and responsibilities of parents and orders made as to children, parents and maintenance. Equitable procedures for the distribution of property and considerations relating to care of children will be highlighted.

Prerequisite Rule

Students must pass 1 unit from LAW1116, LAW1600

Learning Outcomes

On completion of this unit students should be able to:

  1. Apply family law concepts in critical analysis of problem scenarios and advocate for or justify the position of a party.
  2. Critically consider the application of family law within Australian society.
  3. Demonstrate a significant knowledge and understanding of current family law in Australia.

Unit Content

  1. An historical introduction to family law.
  2. An introduction to the Family Law Act and the Family Court.
  3. Child support.
  4. Commonwealth and State powers in family law.
  5. Contact orders.
  6. Injunctions.
  7. Jurisdiction of Courts administering the Family Law Act.
  8. Marriage as a contract.
  9. Marriage, nullity, dissolution and defacto relationships.
  10. Matrimonial property proceedings.
  11. Parental powers and responsibilities.
  12. Parenting and welfare orders under the Family Law Act.
  13. Spousal, children and de facto maintenance.
  14. The status of children.

Additional Learning Experience Information

This unit is offered on campus and off campus. For on campus students there is a class contact commitment of 2 hours of lectures and 1 hour of tutorial per week for 1 semester. Off-campus students access the unit via Blackboard. Regular online access is required. All written work is required to demonstrate the application of professionally appropriate language skills.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ParticipationTutorial participation10%
AssignmentOption (a) 2,500 word essay, or (b) 1,500 word essay plus presentation in format agreed with the Unit Coordinator.40%
ExaminationFinal Examination50%
ONLINE
TypeDescriptionValue
ParticipationTutorial participation10%
AssignmentOption (a) 2,500 word essay, or (b) 1,500 word essay plus presentation in format agreed with the Unit Coordinator.40%
ExaminationFinal examination50%

Text References

  • ^ Mills, E. (2005). Butterworth tutorial series (3rd ed.). Chatswood, NSW: Butterworths
  • ^ Dickey, A. (2007). Family law (5th ed.). Pyrmont, NSW: Lawbook Co.
  • ^ LEGISLATION Family Law Act 1975 (Cth) Family Court Rules 1984 (Cth) Family Court Act 1997 (WA)
  • Alexander, R., Cooper, D., Harland, A., & Rathus, Z. (2011). Family law principles. Pyrmont, NSW: Thomson Reuters.
  • Parkinson, P., & Behrens, J. (2011). Australian family law in context: Commentary and materials (5th ed.). Pyrmont, NSW: Lawbook Company.

^ Mandatory reference


Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW4607|1|2