University of Technology Sydney

78727 Australian 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): (94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (70317 Real Property AND (22 credit points of completed study in spk(s): C04264 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies)) OR ((70106 Principles of Public International Law OR 94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76516 Family Law AND 78255 Australian Family Law AND 78272 Family Law: Children and Parenting AND 78273 Family Law: Property and Financial Matters

Description

The Australian family law system helps people resolve the legal aspects of family relationships issues, particularly relationship breakdown. In this subject, students develop an understanding of the family law system including dispute resolution procedures within and outside of the court structure, court practice and procedure, and the theory and social research that underpins parenting and the legal division of property post separation.

Students learn about the laws that govern the rights and obligations of married and de facto parties in property and interpersonal relationship disputes by examining fundamental provisions of the Family Law Act 1975 (Cth) and 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.

Students use social, political and theoretical perspectives to examine principles, doctrines and ethical issues in family law. Students consider suggestions for reform of the Australian system and approaches taken in other jurisdictions. All problem-solving exercises and discussions are underpinned by relevant practical and social policy issues, including the impact of family violence. Students also undertake research and lead class discussion in order to critically evaluate the laws, practices and policies dealing with the complex public and private interests at stake upon relationship breakdown.

Subject learning objectives (SLOs)

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

1. Analyse, evaluate and apply the legislation, case law and policy that inform the operation of the family law system in Australia in resolving problem based scenarios in order to provide accurate and appropriate legal advice on hypothetical problems based on common practical scenarios that are faced by family lawyers.
2. Draw on theoretical and practical knowledge and independent research in order to reflect critically on theories and professional practice in family law.
3. Construct logical, reasoned and persuasive scholarly and legal arguments.
4. Creatively and analytically evaluate facts, problems and issues faced by participants in the family law system in a range of given scenarios from negotiation to a judicially determined outcome and respond with effective arguments and suggestions that critically appraise the available options for participants.

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 an ability to:
    a. Identify and articulate complex legal issues in context, including the skill of critical reading and writing;
    b. Apply reasoning and research to generate appropriate theoretical and practical responses; and
    c. Demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses. (3.1)
  • Research Skills
    Specialist cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues including an ability to:
    a. Demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions; and
    b. Apply ethical research practices. (4.1)
  • Communication
    Well-developed professional 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 inform, analyse, report and persuade;
    c. An ability to strategically select an appropriate medium and message;
    d. A cognisance of advanced communication technologies and willingness to adopt where appropriate; and
    e. An ability to respond respectfully. (5.1)

Teaching and learning strategies

Strategy 1

Student 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 Class Modules will assist students to participate in collaborative and class discussions.

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 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 at least one negotiation exercise during the subject 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 and approaches, and the outcomes of the negotiation. The negotiation role-plays are debriefed in the final class and feedback is provided on the work-ability of the outcomes negotiated.

Strategy 3

Engagement in seminars and guest presentations The seminar leader 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 understanding of the self-learning materials.

Strategy 4

Applying research skills: Students undertake independent research relevant to assessment tasks and online discussions. Critical reading and analysis of scholarly materials for legal research and writing are important skills in law. Students practise their research skills by undertaking regular independent research in order to prepare for class discussion (mainly through internet and legal database searches). This enables students to enhance their research skills needed for the independent research project.

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.

Subject Delivery

Standard

Content (topics)

  1. Introduction: historical and constitutional origins of Australian family law
  2. Family violence and Dispute Resolution Processes
  3. Legal Regulation of Families
  4. Children’s Issues: Who is a Parent and the effect of relationship breakdown on children
  5. Parenting Disputes
  6. Specific Issues in Parenting Disputes including unacceptable risk
  7. Relocation, Abduction and Contravention of Parenting orders
  8. Property: the economic consequences of relationship breakdown
  9. Private ordering
  10. Property division – the law
  11. Debt, bankruptcy and third parties
  12. Child support and Spousal Maintenance

Assessment

Assessment task 1: Class Participation

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:

3.1, 4.1 and 5.1

Weight: 10%
Length:

1000 word equivalent
Criteria:
  • Demonstrated preparation for each seminar – using weekly materials, independent research and online activities prior to class showing a commitment to ongoing learning (GA 3,4; SLO 1, 4)
  • Quality of contribution to class discussions including presentation of persuasive arguments that draw on high quality research and analysis of appropriate materials including the discussion starter questions in Canvas throughout the teaching period (GA 3,4,5: SLO 1,2,3,4) Reflective, responsive and respectful professional attitudes towards other perspectives. This may include an admission of lack of understanding or areas of confusion. (GA 5; SLO 4). Clarity of expression/articulation showing an ability to formulate correct legal responses in clear and succinct terms (GA 5; SLO 1, 3, 4)
  • Generation of class discussions, raising pertinent questions where appropriate, contribution to the collaborative learning environment in class (GA 4, 5; SLO 2,3). Demonstrated ability to communicate the client’s interests effectively in the negotiation (GA 5; SLO 4)
  • Effective collaboration with negotiation partner to attempt to reach a settlement to the dispute (GA 5; SLO 4)

Assessment task 2: Research Project

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:

3.1, 4.1 and 5.1

Weight: 40%
Length:

2000 words
Criteria:
  • Quality of evaluation and elaboration of the research topic with appropriate and highly persuasive legal authorities beyond the prescribed readings (GA 3,4; SLO 1,2,3,4)
  • Clarity of writing, structure and grammar and persuasiveness of arguments (GA 5; SLO 3)
  • Synthesis and evaluation of competing arguments and themes that build on work completed earlier in the law degree (GA 3.0,4.0; SLO 1,2,3,4) A
  • ccurate referencing using the Australian Guide to Legal Citation (GA 5.0; SLO 1)

Assessment task 3: Scenario based final examination

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:

3.1 and 5.1

Weight: 50%
Length:

2 hour exam

Criteria:
  • Evaluation of the important issues (GA 3; SLO 1)
  • Application of relevant and important cases and statutory materials that demonstrates an advanced understanding, evaluation and resolution of the competing issues (GA 3; SLO 3,4)
  • Clearly structured writing, with persuasive and logical arguments (GA 5; SLO 4)

Recommended texts

Please note that the Parkinson text, the Fehlberg text and the Young text are all available as online books in the UTS library catalogue. With planning, students should be able to complete this course without purchasing a textbook although a purchase would be useful.

  1. 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.
  2. Adiva Sifris et al, Family Law in Australia (LexisNexis Butterworths, 10th ed,2021). This is available online in the UTS library catalogue.
  3. 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.
  4. Belinda Fehlberg, Rae Kaspiew, Jenni Millbank, Fiona Kelly and Juliet Behrens, Australian Family Law: The Contemporary Context: Teaching Materials (OUP, 2nd ed, 2015).
  5. Alexandra Harland, Donna Cooper, Zoe Rathus and Renata Alexander, Family Law Principles (Thomson Reuters, 3rd ed. 2021)
  6. 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.
  7. 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 FLAto see if they are current.

Other resources

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).

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.

The Australian Journal of Family Law (AJFL).

Family Law Review (discontinued in 2019)

Journal of Family Studies Family Matters

The International Journal of Law, Policy and the Family

Canadian Journal of Family Law.

Canadian Family Law Quarterly.

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