LAW 303- Family Law Subject Outline PDF

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Faculty of Business and Law SCHOOL OF LAW

SUBJECT OUTLINE

LLB3303/LAW 303: Family Law 6 Credit Points

LLB 303: Family Law 8 Credit Points

Autumn Session 2021 Wollongong Campus – Remote Delivery This subject has been adjusted for remote delivery in Autumn 2021 due to the Coronavirus Pandemic.

Pre-requisites LLB3303: Pre-requisites LLB/LAW 303: Co-requisites: Restrictions: Contact Hours:

LLB2220 or LLB2230 or LLB2240 LLB 220 or LLB 230 or LLB 240 Nil Nil 2 hours seminar per week

LLB3303/LLB 303/LAW 303 AUTUMN SESSION 2021 UNIVERSITY OF WOLLONGONG FACULTY OF BUSINESS AND LAW

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TABLE OF CONTENTS Section A: Subject Information .......................................................................................................................................... 3 Subject Contacts ..................................................................................................................................................................................3 Subject Details ....................................................................................................................................................................................3 Subject Description .........................................................................................................................................................................3 Subject Learning Outcomes ............................................................................................................................................................3 Elearning, Reading, References and Materials ....................................................................................................................................4 Lectures and Seminars ........................................................................................................................................................................6 Lecture / Seminar Times .................................................................................................................................................................6 Minimum Attendance Requirements ..............................................................................................................................................6 Weekly Outline ...............................................................................................................................................................................7

Section B: Assessment ........................................................................................................................................................ 8 Assessment Tasks................................................................................................................................................................................8 Assessment 1 ..................................................................................................................................................................................9 Assessment 2 ................................................................................................................................................................................ 10 Assessment 3 ................................................................................................................................................................................ 11 Assessment 4 ................................................................................................................................ Error! Bookmark not defined. Submission, Receipt and Collection Of Assessment Tasks ...............................................................................................................13 General Assessment Information ......................................................................................................................................................15

Section C: General Advice Guide for Students ................................................................................................................ 17 Student Services and Support ............................................................................................................................................................17 Policies and Guidelines .....................................................................................................................................................................18

Copyright Commonwealth of Australia Copyright Regulations 1969 © 2021 University of Wollongong The original material prepared for this guide is covered by copyright. Apart from fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission.

LLB3303/LLB 303/LAW 303 AUTUMN SESSION 2021 UNIVERSITY OF WOLLONGONG FACULTY OF BUSINESS AND LAW

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Section A: Subject Information SUBJECT CONTACTS

Teaching Staff Position Subject Coordinator

Name

Room

Email

Telephone

Consultation Mode

John Littrich

67.206

[email protected]

4221 3730

By email or appointment

Key Contacts Name

Contact

Head of Students

Dr Kylie Lingard

[email protected]

Discipline Leader

Dr Niamh Kinchin

[email protected]

BAL Central Location

Telephone

Level 1, Building 40 4221 4478

Email

Web

[email protected]

BAL Central

Hours 9am-5pm Monday - Friday

SUBJECT DETAILS Subje c t D e sc r iptio n The subject examines the legislative framework and common law principles applicable to both the legal recognition of relationships and the resolution of disputes arising from the breakdown of those relationships. Areas covered include: marriage; divorce; nullity; disputes in relation to children under the Family Law Act 1975 (Cth); property and maintenance disputes for both married and non-married couples; child support and child maintenance; family violence under state and federal legislation; international abduction. The subject also looks at the related areas of state child welfare proceedings and adoption. The course examines what 'family' means today and the challenges our legal system faces in dealing with this fluid concept and recognizing diverse family structures and relationships. C o ur s e L e a r n ing Out co me s Course Learning Outcomes can be found in the Course Handbook. Students should refer to the Handbook pertaining to the year of their commencement and the course in which they are enrolled. Subje c t Le a r n ing Ou tc o me s On successful completion of this subject, students will be able to: Subject Learning Outcomes 1. Identify, understand and explain the key principles and concepts found in the case law and legislative framework of family law in Australia; 2. Apply relevant principles, concepts and legislative provisions to the resolution of problems arising from the breakdown of relationships; 3. Evaluate the effectiveness of the legislation and the courts in resolving problems arising from the breakdown of relationships and consider possible reform; and 4. Demonstrate a basic knowledge of the practice and procedure of family law in Australia. Stude nt W o r kl oa d Students should note that UOW policy equates 1 credit point with 2 hours of study per week, including lectures and tutorials/workshops/practicals, self-directed study and work on assessment tasks. For example, in a 6 credit point subject, a total of 12 hours of study per week is expected.

LLB3303/LLB 303/LAW 303 AUTUMN SESSION 2021 UNIVERSITY OF WOLLONGONG FACULTY OF BUSINESS AND LAW

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Subje c t C ha ng e s a nd R es po ns e to Stu de nt Fe e dba c k Change to assessment regime to align LAW 303 and LLB 303/3303 to have the same assessment. Reduction in number of assessment tasks from 4 for LLB students to 3 for all students, with essay replaced by case study/problem assignment. This will also mean that final exam problem questions will not have to cover the whole session's work. 2021

John Littrich As part of UOW’s response to the COVID -19 (novel coronavirus) pandemic, this subject has been converted to a remotely delivered subject. As part of this, the Class Participation assessment task has been removed and the other assessment tasks adjusted in weight.

E x tr a o r dina r y Cha ng e s to the Subje c t O utl ine In extraordinary circumstances the provisions stipulated in this Subject Outline may require amendment after the Subject Outline has been distributed. All students enrolled in the subject must be notified and have the opportunity to provide feedback in relation to the amendment, where practicable, prior to the amendment being finalised. L ea r ning A na ly tic s Where Learning Analytics data (such as student engagement with Moodle, access to recorded lectures, University Library usage, task marks, and use of SOLS) is available to the Subject Coordinator, this may be used to assist in analysing student engagement, and to identify and recommend support to students who may be at risk of failure. If you have questions about the kinds of data the University uses, how we collect it, and how we protect your privacy in the use of this data, please refer to https://www.uow.edu.au/about/privacy/index.html.

Y o ur Pr iv a c y – L e c tur e R e c o rdi ng In accordance with the Student Privacy & Disclosure Statement, when undertaking our normal teaching and learning activities, the University may collect your personal information. This collection may occur incidentally during the recording of lectures in equipped venues (i.e. when your identity can be ascertained by your image, voice or opinion), therefore the University further advises students that:  Lecture recordings are made available to students, university staff, and affiliates, securely on the University’s Echo360 ALP (Active Learning Platform) via the eLearning platform Moodle;  Recordings are made available only for the purpose for which they were recorded, for example, as a supplemental study tool or to support equity and access to educational resources;  Recordings are stored securely for up to four years. If you have any concerns about the use or accuracy of your personal information collected in a lecture recording, you may approach your Subject Coordinator to discuss your particular circumstances. The University is committed to ensuring your privacy is protected. If you have a concern about how your personal information is being used or managed please refer to the University’s Privacy Policy or consult our Privacy webpage https://www.uow.edu.au/privacy/

ELEARNING, READING, REFERENCES AND MATERIALS Subje c t e L e a r ni ng The University uses the eLearning system Moodle to support all coursework subjects. The subject Moodle site can be accessed via SOLS. You can find guidelines to eLearning here http://www.uow.edu.au/student/elearning/guide/index.html You can find guidelines to ‘Netiquette’ here https://www.uow.edu.au/student/learning-co-op/technology-andsoftware/common-digital-communication-channels/ NOTE: Subject materials, such as Textbooks and Subject Readers, can be purchased through the UniShop.

LLB3303/LLB 303/LAW 303 AUTUMN SESSION 2021 UNIVERSITY OF WOLLONGONG FACULTY OF BUSINESS AND LAW

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R e mo te Study Suppo r t Site In addition to the Subject Moodle site, the Remote Study Support Moodle site (CRSE027_20) is accessible to support your studies from remote locations around the globe until you can return to on campus study. This site will appear as an additional site on your list of active Moodle subject sites. This site contains comprehensive information with a range of resources related to teaching and learning as well as other student support information. Pr e s c r ibe d T e x ts Subject materials can be purchased through the UniShop. 

Lisa Young, Adviva Sifris, Robyn Carroll and Geoff Monahan, Family Law in Australia, (LexisNexis Butterworths, 9th ed, 2016). Library Call# KN/170.K1/MON/2

R e c o mme nde d R e a ding s / V ie w ing / L iste ni ng These resources are recommended and are not intended to be exhaustive. Students are encouraged to use the Library catalogue and databases to locate additional resources and supplement the recommendations with resources discovered through their own research, both online and in hard copy. UOW Library http://www.library.uow.edu.au/index.html Recommended Readings 

Patrick Parkinson, Australian Family Law in Context: Commentary and Materials, (Lawbook Co, 7 th ed, 2019). Call # KN/170.K1/PAR/1.

The above book is also used as text book in other LLB programs. It may provide further detail on areas dealt with in the prescribed text and might be a useful additional source for essays and the case study assignment. 

Ethnie Mills and Marlene Ebejer, Family Law Focus Series, (Butterworths, 66h ed, 2015) Call # KN/170.K1/MIL/1. Note 8 th ed 2020 is currently on order in both hard copy and ebook form.

The above book is recommended for those seeking a more summary-type of text. It lacks the commentary/analysis of the prescribed text but provides a useful summary of key cases and provisions. R e fe r e nc e s   

Thea Brown and Renata Alexander, Child Abuse and Family Law (Allen and Unwin, 2007). Call # KN/176.41.K1/BRO/1 Richard Chisholm, Susanne Christie, Julie Kearney, Annotated Family Law Legislation (Chatswood, NSW LexisNexis Butterworths, 2014). Call # KN/170.K1/CHI/1 Belinda Fehlberg, Rae Kaspiew, Jenni Millbank, Fiona Kelly and Juliet Behrens, Australian Family Law: The Contemporary Context (Oxford University Press, 2 nd ed 2015). Call # KN/170.K1/FEH/1

Othe r R e s o ur ce s Useful Journals, databases and Loose Leaf services    

Australian Journal of Family Law - Available on line via UOW library: Lexis Advance Research database. Australian Family Lawyer - Available on line via UOW library: Australian Public Affairs Full Text (APA-FT) database (only available up to 2013). Law Society Journal (LSJ: Law Society of NSW Journal) Available on line via UOW library: Australian Public Affairs Full Text (APA-FT) and Humanities & social Sciences (Informit). Indigenous Law Bulletin (formerly Aboriginal Law Bulletin) - Available on line via UOW library: Hein on line database.

LLB3303/LLB 303/LAW 303 AUTUMN SESSION 2021 UNIVERSITY OF WOLLONGONG FACULTY OF BUSINESS AND LAW

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 

Family Matters (Journal of the Australian Institute of Family Studies) - Available online via UOW library: Australian Public Affairs Full Text (APA-FT) database. Alternative Law Journal - Available on line via UOW library: Australian Public Affairs Full Text (APA-FT) database.

The above are particularly useful for sourcing articles for essays. 

CCH Family Court Handbook loose leaf service (available on line via UOW library – CCH Online database – see the CCH Family Law Library)

This is particularly useful for up to date law and commentary. Students may also find the following websites useful:      

Family Court of Australia (for both legislation and papers/reports): www.familycourt.gov.au Federal Circuit Court of Australia (formerly Federal Magistrate’s Court): www.federalcircuitcourt.gov.au NSW Attorney General’s Dept: www.lawlink.nsw.gov.au World Congress on Family and Children’s Rights: www.lawrights.asn.au Australian Institute of Judicial Administration (AIJA): www.aija.org.au Australian Institute of Family Studies: www.aifs.org.au

LECTURES AND SEMINARS L e c tur e / S e mi na r T ime s Current timetable information is located at http://www.uow.edu.au/student/timetables/index.html. M inimum A tte nda nc e Re qu ir e me nt s Students are expected to engage in the online learning activities, including participating in any remotely delivered seminars in order to achieve the Subject Learning Outcomes. L e c tur e R e c o r d ing s The University of Wollongong supports the recording of lectures as a supplemental study tool, to provide students with equity of access, and as a technology-enriched learning strategy to enhance the student experience. If you make your own recording of a lecture you can only do so with the explicit permission of the lecturer and those people who are also being recorded. You may only use recorded lectures, whether they are your own or recorded by the University, for your own educational purposes. Recordings cannot be altered, shared or published on another platform, without permission of the University, and to do so may contravene the University’s Copyright Policy, Privacy Policy, Intellectual Property Policy, IT Acceptable Use Policy and Student Conduct Rules. Unauthorised sharing of recordings may also involve a breach of law under the Copyright Act 1969 .

LLB3303/LLB 303/LAW 303 AUTUMN SESSION 2021 UNIVERSITY OF WOLLONGONG FACULTY OF BUSINESS AND LAW

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W e e kly Outl ine This is a guide to the weekly topics however the sequence of these topics may on occasion vary due to unforeseen circumstances. Check the Subject Moodle site for more details Week

Seminar

Task Due

1

Introduction to Family Law; Jurisdiction; Overview of Family Law Act 1975 (Cth) (FLA) and Family Court (FCA)

Complete weekly readings and prepare answers to discussion questions

2

Legal Recognition of Relationships; Marriage, Divorce and Nullity

Complete weekly readings and prepare answers to discussion questions

3

Part VII FLA – Children’s issues under the FLA – parentage, parentage testing, parenting orders under the FLA.

Complete weekly readings and prepare answers to discussion questions Complete weekly readings and prepare answers to discussion questions.

4

Children’s issues under the FLA continued: determining the child’s best interests.

5

Children’s issues continued: ‘spend time with’ orders, Child Abuse and the FLA, Relocation cases, Change of name.

6

Children’s issues continued: Procedure in FLA Child matters; The Child’s Voice in Family Law proceedings; “Child Welfare” powers under s. 67ZC FLA; Recovery of Children, Child abduction, Hague Convention, Enforcement.

Complete weekly readings and prepare answers to discussion questions

Part VIII FLA Financial Matters: Spouse maintenance and Property settlements

Complete weekly readings and prepare answers to discussion questions

8

Financial Matters continued: Third party interests (Part VIIIAA FLA), Binding Financial Agreements (Part VIIIA FLA).

Complete weekly readings and prepare answers to discussion questions.

9

More Financial matters: Superannuation (Part VIIIB FLA). Property settlements and maintenance for non-married couples.

10

Family Violence – how it relates to child and property matters; protection under the FLA and Crimes (Domestic and Personal Violence) Act 2007 (NSW).

Complete weekly readings and prepare answers to discussion questions.

11

Indigenous Australians and Family Law; State “care” proceedings; adoption.

Complete weekly readings and prepare answers to discussion questions.

12

Problem Workshop – workshop based on allocated role in a hypothetical problem.

Check your allocated problem and role and come to class having drafted ...