LAW 2512 - Family Law

North Terrace Campus - Semester 2 - 2021

The law of marriage, defacto relationships and divorce. The protection of children under the Family Law Act including parentage, parental responsibility, custody, and access. Matrimonial and defacto property rights, binding financial agreements, and spousal maintenance. Legal ethics in the practice of family law.

  • General Course Information
    Course Details
    Course Code LAW 2512
    Course Family Law
    Coordinating Unit Adelaide Law School
    Term Semester 2
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 3
    Contact Up to 3 hours per week
    Available for Study Abroad and Exchange Y
    Prerequisites LAW 1501
    Incompatible LAW 2015
    Assumed Knowledge LAW 1506
    Restrictions Available to LLB and B.Criminology with B.Laws and BArts Advanced with B.Laws students only
    Course Description The law of marriage, defacto relationships and divorce. The protection of children under the Family Law Act including parentage, parental responsibility, custody, and access. Matrimonial and defacto property rights, binding financial agreements, and spousal maintenance. Legal ethics in the practice of family law.
    Course Staff

    Course Coordinator: Dr Gabrielle Golding

    Location: Adelaide Law School, Ligertwood Building, Room 3.08
    Phone: 08 8313 5104
    Email: gabrielle.golding@adelaide.edu.au 
    Researcher Profile: https://researchers.adelaide.edu.au/profile/gabrielle.golding 
    LinkedIn: https://www.linkedin.com/in/drgabriellegolding/ 
    Consultation: By appointment only
    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes
    On successful completion of this course, students will be able to:

    1. comprehend and explain key legal concepts underpinning Australia's Family Law system;
    2. critically evaluate the challenges and debates surrounding Family Law, including the ethical and professional responsibilities of those   practising in it;
    3. identify, analyse and critically assess disputes between parties to a marriage, or parties in a de facto relationship, involving issues of property, children and spousal maintenance;
    4. demonstrate legal problem solving skills, which generate appropriate responses to complex statutory problems in the field of Family Law;
    5. communicate effectively, appropriately and persuasively on Family Law matters; and
    6. learn and work autonomously and collaboratively, using feedback to improve capability and performance.
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    2,4
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    1,3, 4
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    2, 3
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    1, 6
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    5
  • Learning Resources
    Required Resources
    1. There will be lecture slides, seminar questions and supplementary materials available on the Family Law course page on MyUni.
    2. The prescribed textbook for this course is Belinda Fehlberg et al, Australian Family Law: The Contemporary Context (2nd ed, Oxford University Press, 2014). It is available for purchase in hard copy online, as well as digitally in the Course Readings module on the Family Law course page on MyUni. There is also a Digital Update Digest to supplement this text, which is available as an online resource, accessible via the University's Library website and in the Course Readings module on MyUni. This Digest provides an update on significant developments since 2015, including statutory and case law amendments, scholarly research, as well as reports and inquiries—particularly the Australian Law Reform Commission’s 2019 Report on its inquiry into Australia's Family Law system.
    3. The Family Law Act 1975 (Cth) is available online. It is a voluminous Act and will be referred to extensively throughout the course. Students may find it more convenient if they have a bound printed copy. You can order your copy here.
    4. The Marriage Act 1961 (Cth) is also available online. Students can also order a bound printed copy of that Act here.
    5. The Family Law (Child Abduction Convention) Regulations 1986 (Cth) are also available online. Students can also order a bound printed copy of those Regulations here.
    Recommended Resources
    Online Learning
    MyUni will be used to post announcements and course materials, as well as assignment tasks, grades and feedback.

    Students are expected to check MyUni regularly to keep up-to-date with these materials and any additional learning resources throughout the course.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    Overview
    This course will be taught through one two-hour lecture per week, and supported by weekly interactive one-hour seminars.

    Lectures
    The lectures are designed to provide an overview of the primary areas of Family Law. They will provide an introduction to the problem solving material to be covered in seminars.

    All lectures will be recorded.

    Seminars
    The seminars will commence in Week 2. Each seminar will be organised around a problem question and/or discussion topics.

    The seminars are intended to develop analytical problem solving skills, as well as an awareness of the ethical, social and cultural issues that may arise in Family Law matters.

    Students will develop both oral and written communication skills, and will be encouraged to actively participate in seminar discussions.

    Unlike lectures, seminars will not be recorded.

    While seminar attendance is not compulsory, but the seminars are an integral component of learning in this course and attendance is strongly recommended.
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    Contact time

    Attend 2 hours of lectures, plus a 1 hour seminar, each week. This amounts to a minimum of 33 hours of formal class time across the semester.

    Preparation time

    In addition to attending formal classes, it is anticipated that students will do substantial independent work to prepare for classes and complete the course assignments. The University expects that full time students (ie, those undertaking 12 units per semester) will devote a total of 48 hours per week to their studies.
    Learning Activities Summary
    This course provides students with an understanding of the fundamental principles and concepts in Australian Family Law.

    Topics to be covered throughout lectures and seminars include:

    • an introduction to Australia's Family Law system;
    • marriage and de facto relationships;
    • divorce, nullity and terminating a de facto relationship;
    • an introduction to children's issues;
    • parenting orders;
    • international child abduction;
    • preliminary issues in property settlement;
    • property settlements for married and de facto couples;
    • domestic violence in property settlement; and
    • financial agreements and spousal maintenance.
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    Assessment task Task type Due date Weighting Redeemable Learning Outcome
    Interim Assignment Individual Week 6

    40%

    (2,500 words + 5 minute recorded oral presentation)

    No

    1-6
    Online Take-Home Examination Individual SWOTVAC
    (10:00 am 1 November 2021 - 10:00 am 3 November 2021)

    60%

    (48 hours)

    No

    1-6
    Assessment Detail

    INTERIM ASSIGNMENT (40%)

    The Interim Assignment is weighted at 40% of the final course mark, and not redeemable by the final Online Take-Home Examination.

    Details of the Interim Assignment instructions will be posted on the Family Law course page on MyUni during Week 2.

    There is both a 2,500 word written and 5-minute recorded oral component of this assignment.

    Due date: Week 6


    ONLINE TAKE-HOME EXAMINATION (60%)


    The Online Take-Home Examination will consist of two problem-based questions of equal weighting. It is weighted at 60% of the final course mark and will be 48 hours in duration.

    This take-home examination is online and non-invigilated. No extensions are permitted.

    Due date: SWOTVAC

    Submission
    1. Retaining work: Students must retain a copy of all assessments submitted.
    2. Academic integrity: All written assessments must be submitted via ‘Turnitin’ on MyUni. Details for electronic submission through Turnitin will be provided with the assignment instructions. By submitting your assignment you are agreeing to the following: (a) I declare that all material in this assessment is my own work except where there is clear acknowledgement and reference to the work of others. I have read the Policy on Cheating in Examinations and Related Forms of Assessment. I have also read the University's Academic Integrity Policy; (b) I give permission for my assessment work to be reproduced and submitted to other academic staff for the purposes of assessment and to be copied, submitted and retained in a form suitable for electronic checking of plagiarism.
    3. Late submission: Where an assignment is submitted after the due date and without an extension, a penalty of 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay graded 63% will have 5% deducted if it is one hour late (for a final grade of 58%), 10% if it is 25 hours late etc. This penalty may be increased where the assignment is to be completed in a period of less than a week.
    4. Word length: Assignments which exceed the allocated length (word length) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie, with a word limit of 3000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information, separate bibliography or list of sources. Quotations and all referencing information are included in the word count. If the word limit is seriously misstated, this may be regarded as academic dishonesty.
    5. Extensions: Requests for extensions must be made via email to the course co-ordinator in reasonable time before the due date. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not 'unexpected' circumstances.
    6. Style of written work: All written work in the Law School is required to comply with the approved Law School style guide, the Australian Guide to Legal Citation (4th ed).
    7. Turnaround time: The interim assignment for this course will be returned to students within 3 weeks of the submission date. Group feedback, together with written, individual feedback will be provided, from which students can learn in preparation for the final online examination. The final online examination paper will be returned to students following the approval for the release of results by the University. Students will be notified by email when assessments are ready for collection electronically through MyUni.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Final results for this course will be made available through Access Adelaide.

    Finality of Assessment Grades

    Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

    Moderation
    In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:
    • assurance of the qualifications of markers, and their knowledge of the content covered in each course;
    • detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
    • sharing of example marked assessments at various grade bands across markers;
    • reviewing of selected marked assessments from each marker by the course coordinator;
    • comparison of the marks and their distribution across markers;
    • automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
    • the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

    Approval of Results by Board of Examiners
    Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.
  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

    Student feedback The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider.
  • Student Support
    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    Lex Salus Program
    Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

    Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

    Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

    Student Life Counselling Support
    The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Academic Integrity
    All students must be familiar with the University’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the University. Academic Misconduct (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia. Academic Integrity is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.