LAWS5118 Family Law
- 6 points
Availability Location Mode Semester 2 UWA (Perth) Face to face
- In this unit students learn the key aspects of family law; marriage and de facto relationships, separation and divorce, parentage, parenting orders relating to children, property orders and the alteration of property interests and financial support for spouses and children, before progressing to study selected topics in-depth including family violence, family law processes and ethical issues in the practice of family law. The unit develops students' ability to critically analyse family law cases and statutory principles. Students critically examine family law concepts and principles in the context of social, economic and psychological dimensions of family formation and relationship breakdown, including the impact of separation on children.
- Students are able to (1) demonstrate at an advanced and integrated level knowledge of (a) key aspects of Australian family law legislation and cases including marriage and de facto relationships, separation and divorce, parentage, parenting orders relating to children, property orders and the alteration of property interests and financial support for spouses and children, family violence and selected topics, including international and comparative aspects of family law; (b) family law dispute resolution processes and how family law disputes are dealt with outside and within the court system; (c) the principles applied to ethical practice of family law; and (d) contemporary developments in family law, and its professional practice; (2) demonstrate (a) the ability to recognise and reflect upon, and a developing ability to respond to, ethical issues likely to arise in family law practice; and (b) a developing ability to exercise professional judgment; (3) (a) identify and articulate complex family law issues to provide oral and written advice on those issues; (b) locate, synthesis and analyse relevant material from primary and secondary sources to critically discuss contemporary family law legislation, cases and issues; (c) critically examine family law concepts and principles in the context of social, economic and psychological dimensions of family formation and relationship breakdown, including the impact of separation on children; and (d) critically evaluate Australian family law and the family law system, as well as family law reform proposals, the reform process and the potential legal, social and political responses to reform proposals; (4) identify, research, evaluate and synthesis factual, legal and policy issues in key aspects of family law, selected topics and contemporary family law issues; and (5) (a) collaborate effectively to identify and articulate complex legal and ethical issues in family law issues; (b) critically discuss complex family law issues; and (c) communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences.
- Indicative assessments in this unit are as follows: (1) in-class participation and presentation; (2) reflection journal; and (3) research paper and plan. Further information is available in the unit outline.
Supplementary assessment is not available in this unit except in the case of a Juris Doctor Student who has obtained a mark of 45 to 49 and is currently enrolled in this unit, and it is the only remaining unit that the student must pass in order to complete their course.
- Unit Coordinator(s)
- Professor Robyn Carroll
- Unit rules
- for Juris Doctor (JD) students: LAWS4101 Foundations of Law and Lawyering and 30 points from: LAWS4102 Criminal Law, LAWS4103 Contract, LAWS4104 Property, LAWS4106 Torts, LAWS4107 Land Law, LAWS4108 Foundations of Public Law, LAWS5106 Legal Theory and Ethics
LAWS4109 Legal Theory and Ethics); for all other postgraduate students: approval must be given by the unit coordinator to take this unit
- LAWS3376 Introduction to Family Law, LAWS3377 Advanced Family Law (or equivalents)
- Contact hours
- 3 hours per week
- Required texts
Young, L., Monahan, G., Sifris, A., and Carroll, R. Family Law in Australia, 9th edn: LexisNexis 2016
Additional suggested texts
Dickey, A. Family Law, 6th edn: Lawbook Co. 2014
Felberg, B., Kaspiew, R., Millbank, J., Kelly, F., and Behrens, J. Australian Family Law: The Contemporary Context, 2nd edn: OUP 2014
Parkinson, P. Australian Family Law in Context: Commentary and Materials, 6th edn: Lawbook Co. 2015
- The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
- All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
- Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary reading', 'Recommended reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. Where texts are listed in the unit description above, an asterisk (*) indicates that the book is available in paperback.