UnitLevel 5Postgraduate

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. It isn't offered in 2023. It has no prerequisites.

Credit points
6
Offered in 2023
Other periods
Monash Law Chambers
Assessment
Exam 100%
and 3 other tasks

This is the 2023 handbook entry. See the 2027 entry.

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Requisites

Before LAW5409

No prerequisites or corequisites besides the enrolment rules below.

After LAW5409

No unit lists LAW5409 as a prerequisite in the 2023 handbook.

Enrolment rules

For Legal Studies students (L4004, L5004, L6013) you must have completed LAW5000 or LAW5081
and
For Juris Doctor students (L6005), you must have completed 72 points of study.

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 2023

Teaching periodCampusMode
Term 3Monash Law ChambersOn campus
Term 4Monash Law ChambersOn campus

Assessment

  • Class ParticipationParticipation
    10%
  • Group Research ProjectProject
    40%
  • Take home exam
    50%
  • Take home exam
    50%
  • Group Research ProjectProject
    50%

Learning outcomes

When you finish this unit, you should be able to:

  1. 1

    Demonstrate understanding of the fundamental concepts and policies underlying the Australian family law system, as well as the current challenges and debates surrounding Australian Family Law.

  2. 2

    Critically analyse and convincingly respond to parenting and property based disputes relevant to Australian Family Law.

  3. 3

    Collaborate and work effectively as part of a team to investigate, interpret and synthesise complex information relating to Australian Family Law and use this as the basis for the articulation of compelling legal argument.

  4. 4

    Communicate effectively and persuasively in both oral and written forms to a range of audiences on a range of topics relevant to Australian Family Law

Workload and teaching

  • Workshops24 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). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

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 2023 handbook.

Contacts

Chief Examiners
Professor Claire Fenton-Glynn
Ms Vicky Kordouli

Common questions

What are the prerequisites for LAW5409?

LAW5409 has no prerequisites, but enrolment rules apply.

When is LAW5409 offered?

LAW5409 has no offerings listed in the 2023 handbook.

Does LAW5409 have an exam?

Yes. The exam is worth 100% of the final mark, alongside 4 other tasks.

Which majors and minors include LAW5409?

LAW5409 is part of Health law and community.

More details

Credit points
6
Level
5
Study level
Postgraduate
Faculty
Faculty of Law
Type
Coursework
EFTSL
0.125
Student contribution
SCA Band 4
Study abroad
Available