James Cook University Subject Handbook - 2001

LA3005:03

Family Law

Townsville, Cairns

Prerequisites: Level 2 LA subjects

26 lectures, 13 tutorials. Second semester.

Available to level 3 LLB students or combined degree students.

Existing legal rules affecting family relationships and the function of lawyers in their administration are examined, and a critical evaluation of these rules in the light of social objectives is undertaken. The subject includes the laws relating to entry into marriage and dissolution of marriage; the consequences of separation and divorce (maintenance and property rights; custody and access); parents and children; adoption; de facto relationships. The role of lawyers in the process of dissolution, particularly in the fields of counselling, conciliation and mediation, is considered, along with a full treatment of the Family Law Act 1975 (Commonwealth).

Learning Objectives:

  1. understand the changing nature of marriage and divorce and child support;
  2. analyse the meaning of provisions in the Marriage, Adoption and Family Law Acts and other legislation;
  3. apply the statutory provisions and case law, to practical and hypothetical problems arising in family law;
  4. describe and understand the procedures of the Family Court of Australia.

Assessment by written assignment (20%); final examination (80%) (subject to variation).