LAW5409 Principles of family law
Faculty of Law
LAW5409 Principles of family law is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law, offered in 2020 in Semester 2 at Monash Law Chambers. It has no prerequisites.
- Credit points
- 6
- Offered in 2020
- Semester 2
- Monash Law Chambers
- Assessment
- Exam 50%
- and 2 other tasks
This is the 2020 handbook entry. See the 2027 entry.
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Overview
This unit provides students with an understanding of the fundamental principles and concepts in family law and the policies underlying them. It commences with an examination of what is meant by 'family' and the challenges facing family law with the increase in diverse family forms. Included in this discussion are contemporary issues relating the advances in medical technology and the identification of parentage.
Once an understanding of what constitutes 'family' is established, the practice and process of family law including the non-adversarial procedures which have been established to encourage parties to resolve their disputes without the necessity of resorting to litigation are considered. The efficacy and relevance of financial agreements, child support agreements and consent orders are also discussed.
The unit then examine the basic principles relating to the division of property following the relationship breakdown of married couples and de facto couples including same-sex couples. The discussion of the financial aspects on relationship breakdown includes what constitutes property and financial resources as well the approach to the division of superannuation entitlements. The approach of the court to the division and alteration of property interests between the parties and the factors that are taken into account in reaching an outcome are central to this discussion.
The unit also delves into the dynamic and volatile area of disputes surrounding parenting arrangements. Legislation and case law for determining the pathway to suitable parenting arrangements which are in the interests of children are examined. Non-adversarial procedures and parenting plans also form part of the discussion. Criticism of the recent reforms relating to parenting arrangements and potential changes to the legislation are discussed. Issues relating to child support are also briefly dealt with.
Offerings in 2020
| Teaching period | Campus | Mode |
|---|---|---|
| Second semester | Monash Law Chambers | On campus |
Assessment
- Class participationParticipation10%
- Take home examinationTake home exam50%
- Research assignment40%
Learning outcomes
When you finish this unit, you should be able to:
- 1
Acquired an understanding of the fundamental policies underlying the Australian family law system
- 2
Acquired an understanding of the current challenges and debates surrounding Australian family law
- 3
Acquired an understanding of the essential concepts of Australian family law
- 4
Developed a thorough familiarity with the essential provisions of the relevant family law legislation
- 5
Developed an understanding and be able to analyse and critically comment on a basic property dispute on the breakdown of marriage or a de facto relationship
- 6
Developed an understanding and be able to analyse and critically comment on a dispute involving parenting arrangements
- 7
Further developed skills in research, writing, statutory interpretation and legal argument
- 8
Further developed oral articulation of legal argument during class discussion.
Workload and teaching
- Seminars24 hours
- Teaching approachActive learning
24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements).
Learning resources
Required resources
See the Moodle unit page for prescribed and recommended resources. Prescribed texts are usually available for purchase through the University Bookstore and are sometimes available for short-term loan or as eBooks through the library.
Where it fits
LAW5409 is part of 1 area of study in the 2020 handbook.
Contacts
- Chief Examiners
- Associate Professor Adiva Sifris
Common questions
What are the prerequisites for LAW5409?
LAW5409 has no prerequisites.
When is LAW5409 offered?
In 2020, LAW5409 runs in Semester 2 at Monash Law Chambers.
Does LAW5409 have an exam?
Yes. The exam is worth 50% of the final mark, alongside 2 other tasks.
Which majors and minors include LAW5409?
LAW5409 is part of Health law and community.