University of Technology Sydney

76516 Family Law

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2024 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): 70317c Real Property
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78272 Family Law: Children and Parenting AND 78273 Family Law: Property and Financial Matters

Description

Australia's family law system helps people resolve the legal aspects of family relationship issues, particularly relationship breakdown. In this subject students will develop an understanding of the Family Law system including the dispute resolution procedures in the Australian Family Court and the Federal Circuit Court. Students will learn about the laws that govern the rights and obligations of parties in parenting and/ or interpersonal relationship disputes by examining fundamental provisions of the Family Law Act 1975 and the Child Support legislation. This subject develops the knowledge base and analytical skills of students through problem-solving exercises that mirror the legal and factual issues that arise in legal practice when advising on, or adjudicating family law matters. All problem-solving exercises and discussions are underpinned by relevant practical and social policy issues including the impact of family violence and the growing awareness of children's rights. Students also undertake research in order to critically evaluate the laws, practices and policies dealing with the complex public and private interests at stake upon relationship breakdown. The subject combines both a theoretical and a vocational approach which not only benefits students interested in these issues, but also those students considering a career in legal practice and/or the delivery of family law-related services.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. Identify and apply the legislation, case law and policy that inform the operation of the family law system in Australia in resolving problem-based scenarios.
2. Critically analyse the legal framework pertaining to the regulation of different types of domestic relationships and families in Australia.
3. Construct logical, reasoned, persuasive and justifiable legal and scholarly arguments.
4. Creatively and analytically evaluate factual, legal and policy issues and justify their relevance to contemporary family law debates.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:

  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively, including the ability to:
    a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
    b. Apply reasoning and research to generate appropriate responses;
    c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
    d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1)
  • Research skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1)
  • Communication
    Effective and appropriate communication skills including:
    a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
    b. An ability to communicate to inform, analyse, report and persuade;
    c. An ability to strategically select an appropriate medium and message;
    d. An ability to assess how messages are received and alter communication strategies accordingly; and
    e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1)
  • Collaboration
    Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
    a. An ability to give and receive feedback;
    b. Appropriate professional and interpersonal skills in working collaboratively;
    c. A capacity to develop strategies to successfully negotiate group challenges; and
    d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)

Teaching and learning strategies

Strategy 1: Students’ Preparation for Class activity

Students’ preparation and reflection outside the classroom is central to the learning in this subject, which relies on students familiarising themselves with the substantive law before each class. Each week there are key resources, such as reading materials, short videos and podcasts that students need to engage with before each class. The seminars will involve collaborative discussion and evaluation of the preparatory materials in order to develop new perspectives and to share ideas, thoughts and concerns. There will be opportunities for students to ask questions to test their understanding of the self-learning materials during seminars.

Students improve their skills in evaluating legal and policy issues, problem-solving, and constructing arguments by participating in student-led discussions on Canvas including posing questions, answering questions and discussing research. Such posts may seek clarification and feedback on students’ understanding of the set materials or may provide student perspectives on the materials for the purpose of discussion. Consideration of the Discussion Starter Questions in the Reading Guide will assist students to participate in collaborative and class discussions. The Reading Guide is in the Subject Documents folder of Canvas.

Strategy 2: Learning through Seminar Discussion, Role-play and Problem Solving

The ability to solve problems is an essential skill in lawyering. Problem–solving involves interpreting and analysing legislation and cases and identifying and applying the relevant rules in family breakdown problem based-scenarios. All students will take part in problem- solving exercises during seminars, both individually and in groups.

Each week, students will also engage in class and group discussion and oral presentations on various issues and problems raised in the recommended readings. Students can use these opportunities to improve their communication skills and abilities to construct legal arguments in a setting not unlike a family law practice where both teamwork and individual communication skills are essential.

Role-playing allows students to develop empathy for those involved in the Family law system. Students all take part in a compulsory negotiation exercise during the course acting for parties in a financial dispute so as to add authenticity to the way that Family lawyers resolve disputes and/ or prepare for litigation. All students must provide written feedback on their goals, approaches and outcomes of the negotiation. The negotiation role-plays are debriefed in the final class and feedback is provided on the workability of the outcomes negotiated.

Strategy 3: Engaging in Lectures and Guest Presentations

The teacher and guest speakers will provide alternative perspectives on, and clarification of, the recommended readings. These talks are a key part of learning in this subject. Students are encouraged to ask questions and challenge ideas during and after these talks to test their understandings of the self-learning materials.

Strategy 4: Applying Research Skills

Students undertake independent research relevant to assessment tasks and on-line discussions. Critical reading and analysis of scholarly materials for legal research and writing are important skills in law. Students will also develop skills in identifying and synthesizing relevant material and using it to make reasoned, justifiable and persuasive written and oral arguments.

Strategy 5: Feedback

Detailed guidance as to the assessment criteria and the provision of timely feedback will form an important part of the learning process.

Early formative feedback in this subject is provided by students completing a brief multiple choice online quiz in Week 3. This quiz provides students with feedback (no marks allocated) on their fundamental knowledge about Family law systems and processes.

Feedback on research skills is provided by formative in-class feedback during discussions and by formal written feedback on research essays. Formative oral and written feedback will respond to students’ problem-solving strategies and skills in expressing solutions. Ongoing formative feedback on communication skills is provided during seminars to individuals and discussion groups throughout the teaching session. Feedback on the negotiation exercise will take the form of class discussion on the feasibility of the financial outcomes reached.

Subject Delivery

Subject to UTS policy on health and safety requirements, it is intended that seminars will be delivered on campus EXCEPT for the class on unacceptable risk which will be conducted as an online class and will be delivered by way of a combination of recorded videos and group work via the discussion board. More information about the format of this class will be provided during the session.

Content (topics)

  • Historical background, Constitutional factors and current issues.
  • Domestic relationships – marriage and non-marriage, recognition of adult relationships
  • Family Dispute Resolution processes; the collaborative family lawyer
  • Injunctions and Family Violence Orders
  • Breaking the tie that binds: separation, nullity and divorce
  • Children and Parenting Disputes
  • Financial support: Property Disputes, Child Support and Spousal Maintenance

Assessment

Assessment task 1: Class Preparation and Class Participation

Intent:

Participation in class discussions provides students with the opportunity to reflect on their learning through the various topics covered in the subject and contribute to the learning process as well as to develop and refine oral skills. Students should aim to contribute to other students’ experience of the course as well as their own through listening, reflection and contribution to constructive debate. Students who prepare for and participate in the seminars will gain a much richer understanding of Family Law.
Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

LAW.3.1, LAW.4.1 and LAW.5.1

Weight: 10%
Length:

1000 words equivalent

Criteria:
  • Attentiveness in class and evidence of preparation for class demonstrated by ability to identify the relevant laws and policy required to solve problem-based scenarios.
  • Quality of participation demonstrating evidence of critical thinking in relation to the issues raised in the Discussion starter questions.
  • Reflective, responsive and respectful attitudes towards other perspectives – participation demonstrates willingness to consider alternative viewpoints and, where relevant, to admit to lack of understanding or areas of confusion. Family law practice requires the application of legal knowledge to real life problems and those problems may raise perspectives at odds with the students’ own perspectives. The ability to analyse problems and critically analyse various viewpoints is an essential skill for family lawyers.
  • Clarity of expression/articulation showing an ability to formulate responses in clear and succinct terms.
  • Initiative in generating discussion or raising pertinent questions where appropriate, contributing to the collaborative learning environment in class.

Assessment task 2: Research Project

Intent:

This task enables students to practice research skills, analysis of legal and policy issues, and to develop clear, well-reasoned and persuasive arguments.

Objective(s):

This task addresses the following subject learning objectives:

2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

LAW.3.1, LAW.4.1 and LAW.5.1

Weight: 40%
Length:

2000 words (with 10% leeway)
Criteria:
  • Clearly stated argument and plan for essay.
  • Clear written expression with correct use of grammar and spelling.
  • Ability to identify and critique the relevant legislation, cases, parliamentary and departmental
  • reports and scholarly writing.
  • Coherent and logical analysis of the legal and policy issues.
  • Evidence of independent research that identifies relevant material.
  • Provides original insights into the issues.
  • Ability to evaluate and synthesise legal and scholarly research through critically analysing the
  • material and using it to support arguments.
  • Demonstrates judgment and responsibility in the context of academic integrity including submitting
  • own work and accurately and honestly referencing and acknowledging sources.
  • Referencing complies with AGLC (4th edn).

Assessment task 3: Negotiation Task

Intent:

This task enables you to practice empathy with participants in the Family law system and to utilise research, collaboration and communication skills in a situation similar to those in which Family lawyers often work, that is attempting to negotiate outcomes rather than proceed to litigation.

This assessment task is Pass/ Fail. This task is compulsory for eligibility to sit the Scenario-Based Exam.
Objective(s):

This task addresses the following subject learning objectives:

1 and 3

This task contributes specifically to the development of the following graduate attributes:

LAW.5.1 and LAW.6.1

Weight: Mandatory task that does not contribute to subject mark
Criteria:
  • Ability to identify the relevant laws informing the possible negotiation outcomes
  • Ability to construct reasoned arguments in the negotiation, applying legal knowledge to the negotiation fact scenario
  • Outcome demonstrates ability to communicate their client’s interests effectively in the negotiation
  • Effective collaboration with negotiation partner to attempt to reach a settlement to the dispute

Assessment task 4: Scenario-based Examination

Intent:

In this task students are assessed on their ability to apply legal knowledge and problem-solve in circumstances similar to those in which lawyers work such as solving problems under time constraints.
Objective(s):

This task addresses the following subject learning objectives:

1, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

LAW.3.1, LAW.4.1 and LAW.5.1

Weight: 50%
Criteria:
  • Correct identification of relevant factual and legal issues
  • Correct application of rules and case law
  • Clear and succinct communication
  • Critical analysis of relevant statute law, case law and secondary materials to generate an argument that provides the most appropriate resolution to the problem

Recommended texts

  • Patrick Parkinson, Australian Family Law in Context: Commentary and Materials (Thomson Reuters, 8th ed, 2023). Note: this book is available to read Online from the UTS library catalogue. There are also hard copies of the 8th edtition on Reserve in the library and extracts have been made available in the Reading List.

    If you do buy this text, which will be a very handy resource to have on hand, but it is not essential, please ensure you buy the 8th ed.

  • Adiva Sifris et al, Family Law in Australia (LexisNexis Butterworths, 10th ed, 2021). This is available online in the UTS library catalogue.
  • Belinda Fehlberg, Rae Kaspiew, Jenni Millbank, Fiona Kelly and Juliet Behrens, Australian Family Law: The Contemporary Context (OUP, 2nd ed, 2015). NOTE: this book is also available to read Online from the UTS library catalogue.
  • Belinda Fehlberg, Rae Kaspiew, Jenni Millbank, Fiona Kelly and Juliet Behrens, Australian Family Law: The Contemporary Context: Teaching Materials (OUP, 2nd ed, 2015).
  • Alexandra Harland, Donna Cooper, Zoe Rathus and Renata Alexander, Family Law Principles (Thomson Reuters, 3rd ed. 2021)
  • Richard Chisholm, Suzanne Christie and Julie Kearney, Annotated Family Law Legislation (LexisNexis, 2014)
  • Australian Master Family Law Guide (CCH, 8th ed, 2017) - this Master Guide is constantly updated and available online via UTS library.
  • Archana Parashar and Francesca Dominello, The Family in Law (Cambridge University Press, 2017)

Please always check the date of publication – you should exercise caution with any text that is an older edition. Family Law changes often and there have been substantial changes made at various times. Older texts can still contain useful commentary, but students should ALWAYS check references to the FLA to see if they are current.

Other resources

Legislation

Students will require access to the following legislation but you do NOT need to purchase a hard copy of the Act:

  • Family Law Act 1975 (Cth), and Rules and Regulations (as amended).

An updated copy of the FLA, such as the latest edition of the CCH Australian Family Law Act, (or the one available via ComLaw) should be referred to for all provisions.

Looseleaf Services

CCH, Family Law and Practice Commentary. This is available online via the Law Databases, in CCH ONLINE, or through searching the title through catalogue.

CCH, De Facto Relationships Commentary. Also online via Law Databases. Butterworths, Australian Family Law.

Case Reports in Family Law

Note that many Australian Family Law cases are available on http://www.austlii.edu.au/.

For very recent cases see New Judgments on the FCFCoA website: https://www.fcfcoa.gov.au/judgments

If the case is reported you should always cite the reported version.

Journals – ALL Available in full text through the UTS library catalogue.

Also useful are the Child and Family Law Quarterly (UK) – on LEXIS; and Family Court Review (predominantly US content)

Useful Internet Sites

Federal Circuit and Family Court of Australia https://www.fcfcoa.gov.au/

Australian Institute of Family Studies http://www.aifs.gov.au

Family Law Council http://www.ag.gov.au/flc