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MLL320 - Family Law

Year:

2023 unit information

Enrolment modes:Trimester 1: Burwood (Melbourne), Waterfront (Geelong), Online
Credit point(s):1
EFTSL value:0.125
Previously coded as:MLL210, MLL408
Unit Chair:Trimester 1: Kimberley Littorin
Cohort rule:

For Bachelor of Laws (including combined Law awards) students only

Prerequisite:

Students enrolled before 2019: MLL110
Students commencing from 2019: MLL110 and MLL113 plus 6 additional credit points of Law units

Corequisite:Nil
Incompatible with: Nil
Typical study commitment:

Students will on average spend 150 hours over the teaching period undertaking the teaching, learning and assessment activities for this unit.

Scheduled learning activities - campus:

1 x 2 hour class and 1 x 1 hour seminar per week

Scheduled learning activities - online:

1 x 2 hour class (recordings provided) and 1 x 1 hour online seminar per week

Content

This unit will examine the legal relationships arising out of the family as a legal and social institution. The syllabus includes: a study of society and the family; the Commonwealth constitution, and the impact it has on the Family Law Act 1975 (Cwlth); the jurisdiction of the Family Court; the legal rules which govern marriage; divorce and nullity; the responsibility of parents and the Family Court to make decisions 'in the best interests' of a child; the division of property upon marriage breakdown; spousal maintenance;  financial disputes between domestic partners and from a sociological and legal framework, violence within a family.

ULO These are the Learning Outcomes (ULO) for this unit. At the completion of this unit, successful students can: Deakin Graduate Learning Outcomes
ULO1

Construct an image of the modern family, and recognise and 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 capabilities

ULO2

Explain the Jurisdictional and Constitutional aspects of family law, and how our family law system has evolved in Australia.

GLO1: Discipline-specific knowledge and capabilities
GLO3: Digital literacy
GLO4: Critical thinking
GLO5: Problem solving

ULO3

Recognise the difference between a de jure and de facto/domestic relationship and identify and apply the circumstances that give rise to a valid application for a divorce in relation to a de jure marriage or a decree of nullity.

GLO1: Discipline-specific knowledge and capabilities
GLO3: Digital literacy
GLO4: Critical thinking
GLO5: Problem solving

ULO4

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.

GLO1: Discipline-specific knowledge and capabilities
GLO3: Digital literacy
GLO4: Critical thinking
GLO5: Problem solving

ULO5

Consider, identify 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 respect to parental responsibility and the best interests of a child.

GLO1: Discipline-specific knowledge and capabilities
GLO3: Digital literacy
GLO4: Critical thinking
GLO5: Problem solving

ULO6

Critically evaluate issues of violence within the family and the remedies available under Commonwealth and State law.

GLO1: Discipline-specific knowledge and capabilities
GLO3: Digital literacy
GLO4: Critical thinking
GLO5: Problem solving

Assessment

Assessment Description

Student output Grading and weighting
(% total mark for unit)
Indicative due week
Assignment 1: (Individual) Report (Research) 4000 words 50% Week 7
End-of-unit assessment task 2000 words 50% End-of-unit assessment period

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.

Learning Resource

The texts and reading list for the unit can be found on the University Library via the link below: MLL320 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.

Unit Fee Information

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