UWS School of Law Family Law Learning Guide
/ College of BusinessSchool of Law
Family Law
Learning Guide
200633
AUTUMN SEMESTER 2011
Unit code / 200633Unit weighting / 10 credit points
Teaching Period / Autumn, 2011
Campus / Campbelltown & Parramatta
Unit Co-Ordinator / Dr Susan Armstrong
Parramatta EK, 9685 9606
Heads of LLB programs / Dr Stephen Janes
Campbelltown 22
(02) 4620 3649 ,au
School campus location(s) / Parramatta building EK32
Campbelltown building 22.40
School postal address / UWS School of Law EK Parramatta
Locked Bag 1797 Penrith NSW 2750
School fax / (02) 9685 9630 Parramatta
General phone inquiries / (02) 9685 9259 Parramatta
Contents
Contents 2
Administrative Matters 3
2011 Timetable 4
Assessment Information 6
Expected Behaviour & Responsibilities 22
Important Information, Policies And Procedures For Students 24
1. Introducing Family law 26
2. The Constitutional & Jurisdictional Context 28
3. Legal recognition of ‘family’ relationships 31
4. Violence and abuse in families 34
5. Family Dispute Resolution & Ethics for Family Lawyers 37
6. Making decisions in children’s matters 1 39
7. Making decisions in children’s matters 2 42
8. Child Support 44
9. Property on relationship breakdown 1 47
10. Property on relationship breakdown 2 50
11. Spousal Maintenance & Conclusion 53
PAST EXAMS 55
Administrative Matters
Student Consultation
Check with your teacher their availability for consultation. Generally they will be available prior to class, and often after. For a longer consultation it is advisable to email for an appointment.
Communication
Once semester has started, please communicate via VUWS mail tool, rather than your UWS student email account, as this assists to manage all Family Law queries. This is checked this daily and generally responses are made within 24 hours.
Seminars
Family law classes are run as seminars. This is a later year elective, and student learning should be self directed. Students are expected to develop their own understanding of the key issues by reading prior to class and then clarify and discuss their understanding during class. If you have had personal experience of the family law system, be wary of relying solely on this experience as the only basis for your views. Try to determine the extent to which your experience is confirmed by the materials and other reliable data.
For a 10-credit point unit like Family Law students are expected to allocate about 10 hours per week: 3 hours in class, 7 hours out of class each week to preparation and assessments.
The questions posed in this Learning Guide are just that – a guide – other issues may be considered in class. The seminars will be organised to encourage you to understand, question and reflect on the materials read for class. Reading materials are drawn from a broad range of disciplines, and you are encouraged to approach these materials critically.
2011 Timetable
Wk / Date / Gp / Topic / Assessment / Notes1. / 28/2 / Introducing Family Law: Ch 1
2. / 7/3 / A 1 / Constitutional & Jurisdictional Context: Ch 2 & 3 / Assessment (2) of group discussions begins in class
3. / 14/3 / A 2 / Legal recognition of family relationships: Ch 4
No class Thursday: students attend Monday or C’town Friday
4. / 21/3 / Violence in Families: the legal response: Ch 5
SA to teach both Parra classes
5. / 28/3 / A 3 / Family Dispute Resolution & Professional Ethics: Ch 7 / 1/4: Log onto vUWS to register for moot
6. / 4/4 / A 4 / Children & Parents 1: Ch 6.1-6.5
JH to teach both Parra classes / 5 pm, 8/4: Mooting teams notified on vUWS.
7. / 11/4 / A 5 / Children & Parents 2: Ch 6.6-6.11
JH to teach both Parra classes / 5 pm, 14/4 Assessment (1) due
15/4: moot & exam problem released
8. / 18/4- 25/4 / INTRA SESSION BREAK / 5pm, 18/4: notify if wish to withdraw from moot
9. / 25/4 / Anzac Day holiday: no classes this week
10. / 2/5 / B 1 / Child Support: Ch 8
JH to teach both Parra classes / 5pm 2/5 Moot Submissions - Grounds
11. / 9/5 / B 2 / Property on relationship breakdown 1: Ch 9
12. / 16/5 / B 3 / Property on relationship breakdown 2: Ch 9
13. / 23/5 / B 4 / Spousal maintenance & Conclusion: Ch 10 & 11
SA to teach both Parra classes / 5 pm 23/5 Moot Submissions – Outline
14. / 30/5 / Revision & exam preparation
SA to teach both Parra classes
15. / 6/6 / Stuvac / 5pm 6/6 Moot Submissions – Response
16. / 8-26/6 / Formal Exam and moots
Actions taken to improve the unit as a result of student feedback
The University values student feedback in order to improve the quality of its educational programs. As a result of student feedback, the following changes and improvements to this unit have recently been made:
· Assessment tasks have been modified to reduce student workload.
· Electronic submission of assessment tasks has been introduced to streamline assessment submission and return.
· Greater assessment weighting was given to class discussions and criteria for assessment clarified.
· Moots have been introduced as an alternative to a formal exam.
· Legal problem solving has been emphasised.
· More practical assessment tasks have been introduced.
· Greater emphasis on family dispute resolution links and processes.
Text
PRESCRIBED
· Belinda Fehlberg & Juliet Behrens, Australian Family Law: the Contemporary Context, Oxford University Press (2008 – 1st Edition). Copies may be purchased from the Bookshop.
· This Learning Guide, available for purchase from the Bookshop. The Learning Guide may also be downloaded from vUWS. Students should also consult the vUWS website each week to see if there are Supplementary Readings which students need to read for class.
RECOMMENDED
Family Law has been significantly amended in the last few years, and unless texts are recently published, may miss some of the key changes. There are many good family law texts but I have only listed the most recently published. Consult the library catalogue for further texts.
The most current version of the Family Law Act 1975 (Cth) and delegated legislation may be found online at http://www.comlaw.gov.au/. Consult the legislation list for each class and print off relevant sections and bring to class.
· Lisa Young & Geoff Monaghan Family Law in Australia Lexis-Nexis (2009, 7th Ed)
· Patrick Parkinson Australian Family Law in Context: Commentary and Materials Butterworths (2010, 5th Edition)
· Eithne Mills Butterworths Tutorial Series - Family Law (2010, 4th Edition) LexisNexis
Assessment Information
Learning Outcomes
The purpose of this unit is to develop reflective, ethical and effective family lawyers.
· To be effective, students need to know how to assess client problems and to apply law, knowledge and policies (and common sense) to advise and assist clients.
· To be ethical, students need to work within the law and uphold their professional ethical obligations, and to do this mindful of broader justice and moral concerns, particularly in relation to vulnerable parties.
· To be reflective, students need to think critically and from different perspectives about what family lawyers do and the legal, policy and systems context within which they work.
On completion of this subject, students should be able to:
- Conduct assessment of clients with post separation problems.
- Analyse the impact of family domestic violence on families and children and take appropriate measures to ensure the safety of family members who are subjected to violence.
- Apply the Family Law Act and other relevant legislation and principles to advise and assist clients with post separation problems.
- Critically evaluate developments in theory, laws, policies and practices relevant to the existing family law system and identify possible directions for reform.
5. Reflect on the development of their competence as a family law professional.
Your achievement of these learning outcomes will be assessed by the following tasks:
Assessment Item / Type of Assessment / LengthDuration / Unit Learning Outcomes / %
1. Family violence assessment and evaluation / Written / 1500 words / 1, 2, 3, 4, 5 / 30%
2. Group discussion and evaluation / Oral / written / Participation in and evaluation of half hour in class discussion / 4, 5 / 20%
3.Exam or Moot / Formal exam or Moot / 3 hour exam or 1 hour oral Moot / 3 / 50%
Students must obtain a mark of 50% to pass this unit. All assessment items must be completed to pass the unit. Final marks and grades are subject to confirmation by the School and College Assessment Committee which may scale, modify or otherwise amend the marks and grades for the unit, as may be required by University policies.
1. Family violence assessment and evaluation: 30%
Learning outcomes addressed: students will be assessed on their demonstrated ability to:
- Conduct assessment of clients with post separation problems.
- Analyse the impact of family domestic violence on families and children and take appropriate measures to ensure the safety of family members who are subjected to violence.
- Apply the Family Law Act 1975 and other relevant legislation, principles to advise and assist clients with post separation problems.
- Critically evaluate developments in theory, laws, policies and practices relevant to the existing family law system and identify possible directions for reform.
5. Reflect on the development of their competence as a family law professional.
Students will be required to prepare an electronic client file demonstrating their understanding of the relevance of family domestic violence and other risk factors in the family law system. The file will respond to the factual circumstances presented in a video we will watch in class and which will be kept on Closed Reserve: Losing the children, Four Corners program (16/08/04) (Campbelltown & Parramatta 362.82920994 5).
After viewing the DVD students will prepare an electronic file containing the following:
1. Assume Dionne comes to you for advice about her children after separation. Write an imaginary dialogue with Dionne where you:
a) Inquire about the presence and nature of violence, and associated risk factors, in the relationship. Footnote screening tools and protocols and any other source or document you think appropriate.
b) Provide feedback to Dionne about the nature of violence and other risk factors in the relationship and the risks she and her children face. Footnote reports, articles, guidelines, etc.
c) Advise Dionne about how she and her children can be safe, and what steps you need to take as her legal adviser, including appropriate legal responses. Footnote relevant guidelines, community or other resources, policies and legal provisions, including the Family Law Act 1975.
2. Explain what, if any, changes should be made to the Family Law Act or system to better protect women and children subject to violence. Footnote relevant provisions of the Family Law Act 1975 and any recent reports or documents on this issue.
3. Reflect on the challenges of this assessment task and what you learned from doing it.
Resources: start with the references for week 4 Violence. Make sure you start this task early as there are a number of issues to consider.
Length: 1500 words, excluding footnotes.
Submission: Attach the cover sheet on p 21. Submit the file electronically via the Turnitin link on the Family Law vUWS site. Please refer to the Turnitin Student Guidelines and the Student Turnitin Instructions on the vUWS site for guidance.
Marking guide: please see p 9 for the criteria and standards against which your submission will be marked.
Referencing: Citations in footnotes should be made according to the Australian Guide to Legal Citation 3rd Ed (AGLC) which may be purchased from the Coop Bookshop and is available online (but may not be printed) at http://mulr.law.unimelb.edu.au/ .
Name of student: Total Mark: /30
Marking Guide: Family Violence Assessment
CRITERIA / STANDARDSUnsatisfactory
> 15 / Pass
15 + / Credit
19.5 + / Distinction
22.5 + / High Distinction
25.5 +
Conduct client assessment in the context of FDV
(5) / Fails to use appropriate screening tools and protocols or questions inappropriate / Uses appropriate screening tools and protocols & questions show satisfactory grasp of FDV / Uses appropriate screening tools and protocols & questions show good grasp of FDV and risks / Uses appropriate screening tools and protocols & questions show comprehensive grasp of FDV and risks / Uses appropriate screening tools and protocols & questions show excellent grasp of FDV and risks
Analyse the impact of FDV and respond
(5) / Feedback shows limited understanding FDV and risks / Feedback shows satisfactory understanding FDV and risks, some omissions / Feedback shows sound understanding FDV and risks / Feedback shows comprehensive understanding FDV and risks / Feedback shows exceptional understanding FDV and risks
Advise client and apply law and other remedies
(5) / Fails to explain appropriate legal and other responses / Advises client about relevant legal and other responses, may be some errors or omissions / Advice demonstrates sound understanding of legal and other responses / Advice demonstrates comprehensive understanding of legal and other responses / Advice demonstrates exceptional understanding of legal and other responses
Evaluate laws, policies and practices in FLS
(5) / Response shows limited understanding of laws, policies and practices / Response shows satisfactory understanding of laws, policies and practices / Response shows sound understanding of laws, policies and practices / Response shows comprehensive understanding of laws, policies and practices / Response shows exceptional and critical understanding of laws, policies and practices
Reflect on the development of professional competence
(5) / Reflection shows limited insight into development of professional competence / Reflection shows satisfactory insight into development of professional competence / Reflection shows sound insight into development of professional competence / Reflection shows perceptive insight into development of professional competence / Reflection shows exceptional insight into development of professional competence
Uses range of references and footnotes sources according to AGLC
(5) / Limited or irrelevant references, incorrectly footnotes sources. / Mostly relevant references. Footnotes correctly, several inconsistencies. / Range of relevant references. Footnotes correctly, some inconsistencies. / Wide range of recent, relevant references and sources. Footnotes correctly. / Extensive range of recent, highly relevant references and sources. Footnotes correctly.
FEEDBACK
Strengths