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2023 unit information
For M729 (Juris Doctor) students only
MLJ701
Students will on average spend 150 hours over the teaching period undertaking the teaching, learning and assessment activities for this unit.
1 x 2 hour class (recordings provided) + 1 hour online seminar (live streamed and recordings provided) per week
This unit aims to equip students with the knowledge and ability to apply, critically evaluate and effectively communicate family law, and develop a deep appreciation of major policy issues and developments in the law.
Construct a broad and sophisticated understanding of, and critical thinking about, the image of the modern family, and recognise and critically discuss, the sociological and legal factors affecting the family, and its formation, whether de jure or de facto/domestic relationship.
GLO1: Discipline-specific knowledge and capabilitiesGLO4: Critical thinkingGLO6: Self-management
Discuss, analyse and explore the Jurisdictional and constitutional aspects of family law along with the significant policy debates and theoretical perspectives.
Consider and identify legislation and case law to determine the difference between a de jure and de facto/domestic relationship, and apply the law to the circumstances that give rise to a valid application for a divorce in relation to a de jure marriage or a declaration of nullity or invalidity of marriage.
Consider, identify, analyse and apply the law as it relates to division of property (including superannuation), the granting of spousal maintenance upon the breakdown of a de jure marriage or a de facto/domestic relationship and the methods for resolving disputes.
Critically reflect on and analyse the concept of the importance attached to the rights of children under international and domestic law, and identify and apply the legislation and case law in regard to parental responsibility and the best interests of a child.
Critically evaluate issues of family violence and the relevance it has on both process and substantive law in respect of parenting and financial disputes.
GLO1: Discipline-specific knowledge and capabilitiesGLO2: CommunicationGLO4: Critical thinkingGLO6: Self-management
Assessment 1: (Individual) Research and prepare a memorandum of advice
Court submission: 2000 words
Presentation: 5 minutes
Assessment 3: (Individual) Family Law File
The assessment due weeks provided may change. The Unit Chair will clarify the exact assessment requirements, including the due date, at the start of the teaching period.
The texts and reading list for the unit can be found on the University Library via the link below: MLJ712 Note: Select the relevant trimester reading list. Please note that a future teaching period's reading list may not be available until a month prior to the start of that teaching period so you may wish to use the relevant trimester's prior year reading list as a guide only.
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