730-316 Current Issues in Family Law

Credit Points

12.5

HECS Band

3

Coordinator

Assoc Professor B Fehlberg/Ms H Rhoades

Prerequisites

Torts and the Process of Law; History and Philosophy of Law I and II; Family Law.

Semester

Not Offered (view timetable)

Contact

2 hours per week

Subject Description

The principal topics to be covered will be:

  1. the nature of the 'family': current issues (e.g. legal recognition of same-sex relationships);

  2. family law process: current issues (e.g. discretion vs rules; legal aid; forms of dispute resolution);

  3. children: the public law perspective (e.g. jurisdictional overlap in the area of child protection, current issues in child protection; sterilisation of young women with intellectual disabilities);

  4. children: the private law perspective (e.g. impact of new Part VII of the Family Law Act 1975 (Cth); enforcement of contact; children's contact services);

  5. financial aspects of family law (e.g. current child support issues (such as the contact-child support nexus); superannuation and family law; prenuptial agreements; the on-going relevance of spousal maintenance).

Note: This is an approved legal theory subject. The essay in this subject is regarded as a substantial piece of legal writing for honours purposes.

Assessment

Research assignment 4000-5000 words (100%)

Prescribed Texts

Printed materials will be issued by the Faculty of Law.



Status:                   Official 2002
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