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/ Diploma in Law /LEGAL PROFESSION
ADMISSION BOARD
/ /LAW EXTENSION COMMITTEE
LAW EXTENSION COMMITTEE SUBJECT GUIDE
19 FAMILY LAW
SUMMER SESSION 2017-18
This Guide includes the Law Extension Committee’s course information and teaching program and the Legal Profession Admission Board’s syllabus. The syllabus is contained under the heading “Prescribed Topics and Course Outline” and has been prepared in accordance with Rule 27H(a) of the NSW Admission Board Rules 2015.
Course Description and Objectives / 1Lecturers / 1
Assessment / 1-2
March 2018 Examination / 2
Texts and Materials / 3
Lecture Program / 4
Weekend Schools 1 and 2 / 5
Prescribed Topics and Course Outline / 6-29
Compulsory Assignment / 30
Assignment Questions / 30
Sample Examination Question / 31-32
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LAW EXTENSION COMMITTEE
/SUMMER 2017-18
19 FAMILY LAW
COURSE DESCRIPTION AND OBJECTIVES
This course is designed to provide students with a general, yet comprehensive, introduction to family law in Australia. The course covers six main areas:
(a) the historical and current development of family law, including constitutional and jurisdictional issues; and principal relief (nullity and divorce) (Topics 1 – 4);
(b) dispute resolution in family law (Topic 5);
(c) violence and family law (Topic 6);
(d) children and parental responsibility (Topic 7);
(e) property settlement and injunctions (Topic 8); and
(f) spousal maintenance and child support (Topics 9 and 10).
In addition to the statutory and general law principles, emphasis is given to the practical and social policy issues in each of these areas, including the impact of family violence and the growing awareness of children's rights.
LECTURERS
Ms Andrea Cotter-Moroz, LLB (Hons) (UTS), Grad Dip (Leg Prac) (UTS), M.Ed (Adult) (UTS)
Andrea Cotter-Moroz is a practising barrister at the NSW Bar. She was called to the Bar in August 1992. She has a broad range of experience, appearing in all civil courts, within both the state and federal court systems. Her main areas of practice involve appearances for parties in disputes arising from inter-personal relationships, especially in the Family Court of Australia and the Equity Division of the Supreme Court of New South Wales.
As a family law practitioner, Andrea appears, not only on behalf of parties to a marriage or parents, but also on behalf of third parties and children. Her equity practice includes appearances for parties in de facto relationships; parties seeking/contesting provision under a will; and on behalf of trustees and beneficiaries seeking relief.
Andrea has a special interest in alternative dispute resolution. She is an Accredited Family Law Arbitrator and a Registered Family Dispute Resolution Practitioner. She is a Nationally Accredited Mediator and is on the panel of Mediators for the referral of Supreme and District Court matters and is a Local Court Arbitrator.
ASSESSMENTTo be eligible to sit for the Board’s examinations, all students must complete the LEC teaching and learning program, the first step of which is to ensure that you have registered online with the LEC in each subject for which you have enrolled with the Board. This gives you access to the full range of learning resources offered by the LEC.
To register with the LEC, go to www.sydney.edu.au/lec and click on the WEBCAMPUS link and follow the instructions. Detailed guides to the Webcampus are contained in the material distributed by the LEC, in the Course Information Handbook, and on the Webcampus.
Eligibility to Sit for Examinations
In accordance with the Legal Profession Admission Rules, the LEC must be satisfied with a student’s performance in a subject in order for the student to be eligible to sit for the examination, conducted by the Legal Profession Admission Board (LPAB). Assignments are used to assess eligibility.
Students are expected to achieve at least a pass mark of 50% in assignments to be eligible to sit for examinations. However, a category of “deemed eligible” has been introduced to offer students whose assignment mark is between 40-49% an opportunity to sit for the examination. In these circumstances students are often advised not to sit. A mark below 40% means a student is not eligible to sit for the examination.
Assignments as part of the Board’s Examinations
Assignment results contribute 20% to the final mark in each subject.
The Law Extension Committee (LEC) administers the setting and marking of assignments. The LEC engages the LPAB’s Examiners to assess or supervise the assessment of assignments.
Submission
Assignments must be received by 11:59pm on the due date unless an extension has been granted. Extensions must be requested by email prior to the due date. Specific supporting evidence must be provided. Assignments that are more than ten days late will not be accepted. Late assignments attract a penalty of one mark out of 20, or 5% of the total marks available, per day.
Assessment
Assignments are assessed according to the “Assignment Grading and Assessment Criteria” outlined in the Guide to the Presentation and Submission of Assignments. Prior to the examination, assignments will be returned to students and results posted on students’ individual results pages of the LEC Webcampus. Students are responsible for checking their results screen and ascertaining their eligibility to sit for the examination.
Review
Where a student’s overall mark after the examination is between 40-49%, the student’s assignment in that subject will be included in the Revising Examiner’s review. The final examination mark is determined in accordance with this review. Assignment marks will not otherwise be reviewed.
MARCH 2018 EXAMINATION
Candidates will be expected to have a detailed knowledge of the prescribed topics:
(1) Historical Background and Constitutional Factors;
(2) Marriage and De Facto Relationships;
(3) Nullity;
(4) Divorce;
(5) Dispute Resolution in Family Law;
(6) Violence and Family Law;
(7) Children and the Family Law Act 1975;
(8) Property under the Family Law Act 1975 and the Property (Relationships) Act 1984 (NSW);
(9) Maintenance; and
(10) Child Support.
Candidates will be expected to have made a study of the prescribed materials in relation to these topics, and to have analysed cases contained in the Law Extension Committee's course outline.
Please direct all enquiries in relation to examinations to the Legal Profession Admission Board.
texts and materials
Course Materials
· Supplementary Materials in Family Law (available via the link to the Law Library in the Course Materials section of the LEC Webcampus)
· Guide to the Presentation and Submission of Assignments (available on the LEC Webcampus)
Statutes
· Family Law Act 1975 (Cth)
· Child Support (Registration and Collection) Act 1988 (Cth)
· Child Support (Assessment) Act 1989 (Cth)
· Marriage Act 1961 (Cth)
· Property (Relationships) Act 1984 (NSW)
· Crimes Domestic and Personal Violence Act 2007 (NSW)
Texts
· Alexandra Harland et al, Family Law Principles, 2nd edition, Thomson Reuters, 2015
· Monahan and Young, Family Law in Australia, 9th ed. LexisNexis, 2016
· Patrick Parkinson, Australian Family Law In Context Commentary and Materials, 6th ed. Thomson Reuters, 2015
Reference Materials
· Altobelli and Serisier, Practising Family Law, LexisNexis 2011
· Davies, Bell and Brereton, Nygh’s Conflict of Laws in Australia, 9th ed. LexisNexis, 2014 (especially Part V)
· Dickey, Family Law, 6th ed. Thomson Reuters, 2014
· Fisher and Brandon, Mediating with Families, 3rd ed. Thomson Reuters, 2012
· Livermore, The Family Law Handbook, 4th ed. Thomson Reuters, 2016
· Mills and Ebejer, Focus: Family Law, 7th ed. LexisNexis, 2017
· Monahan, Nutshell: Family Law, 4th ed. Thomson Reuters, 2014
· Seymour John, Children, Parents and the Courts : Legal intervention in family life, The Federation Press, 2016
Case Reports in Family Law
· Australian Family Law Cases (CCH), cited, e.g. [2007] FLC 94-000
· Family Law Reports (LexisNexis), cited, e.g. (2007) 34 Fam LR 100
LEC Webcampus
Once you have registered online with the LEC, you will have full access to all the facilities on the LEC Webcampus including links to relevant cases and legislation in the Course Materials section.
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LECTURE program
Lectures in Family Law will be held on Wednesdays from 6.00pm until 9.00pm. A map of the University of Sydney’s main campus showing the location of lecture venues is included in the Course Information Handbook.
Please note that this program is a general guide and may be varied according to need. Readings are suggested to introduce you to the material to be covered in the lecture, to enhance your understanding of the topic, and to encourage further reading. You should not rely on them alone.
Where (PP) appears after a case name this indicates that the case is referred to in Patrick Parkinson’s text.
Unless indicated otherwise, references to sections in the course outline are sections in the Family Law Act.
Please note recording of lectures is not permitted unless there are exceptional circumstances. If you believe you have exceptional circumstances you must approach the individual lecturers before the lecture begins.
LECTURE / VENUE / TOPIC / KEY READING1
8 Nov / New LS ASR 342 / Topics 1 and 2 / Harland, Chapters 1 – 2
Parkinson, Chapters 3, 5 & 7
Monahan, Chapters 1,4 & 5
2
15 Nov / New LS ASR 342 / Topics 3 and 4 / Harland, Chapter 3
Parkinson, Chapters 10 & 11
Monahan, Chapter 6
3
22 Nov / New LS ASR 342 / Topic 5 / Harland, Chapters 4 – 5, 9.310 –9.380
Parkinson, Chapters 8 & 9
Monahan, Chapter 2
4
29 Nov / New LS ASR 342 / Topic 6 / Harland, Chapters 6, 10
Parkinson, Chapter 6
Monahan, Chapter 3
5
6 Dec / New LS ASR 342 / Topic 7 / Harland, Chapters 7 – 9, 11, 17.20
Parkinson, Chapters 20-24
Monahan, Chapters 7,8 & 9
6
13 Dec / New LS ASR 342 / Topic 7 / Harland, Chapters 7 – 9, 11, 17.20
Parkinson, Chapters 20-24
Monahan, Chapters 7,8 & 9
Study Break: Saturday 16 December 2017 – Sunday 7 January 2018
7
10 Jan / New LSSR 022 / Topic 7 / Harland, Chapters 7 – 9, 11, 17.20
Parkinson, Chapters 20-24
Monahan, Chapters 7,8 & 9
8
17 Jan / New LSSR 022 / Topic 8 / Harland, Chapters 12 – 14
Parkinson, Chapters 16-19
Monahan, Chapters 12,13,14 & 15
9
24 Jan / New LSSR 022 / Topic 8 / Harland, Chapters 12 – 14
Parkinson, Chapters 16-19
Monahan, Chapters 12,13,14 & 15
10
31 Jan / New LSSR 022 / Topic 8 / Harland, Chapters 12 – 14
Parkinson, Chapters 16-19
Monahan, Chapters 12,13,14 & 15
11
7 Jan / New LSSR 022 / Topic 9
Topic 10 / Harland, Chapters 15 – 16
Parkinson, Chapters 12 & 14
Monahan, Chapters 10 & 11
12
14 Jan / New LSSR 022 / Topic 10
Revision (if time allows) / Harland, Chapter 16
Parkinson, Chapter 13
Monahan, Chapter 11
Weekend SchoolS 1 AND 2
There are two weekend schools primarily for external students. Lecture students may attend but should be aware that weekend school classes aim to cover the same material provided in weekly lectures and are primarily for the assistance of external students.
Please note that it may not be possible to cover the entire course at the weekend schools. These programs are a general guide, and may be varied according to need. Readings are suggested to introduce you to the material to be covered in the lecture, to enhance your understanding of the topic, and to encourage further reading. You should not rely on them alone.
Weekend School 1
TIME / MAJOR TOPICS / KEY READINGSaturday 25 November 2017: 8.00am – noon in Abercrombie Seminar Room 1080
8.00am-9.30am / Topics 1 and 2 / Harland, Chapters 1 – 2
Parkinson, Chapters 3, 5 & 7
Monahan, Chapters 1,4 & 5
9.40am-10.40am / Topics 3 and 4 / Harland, Chapter 3
Parkinson, Chapters 10 & 11
Monahan, Chapter 6
10.45am-11.45am / Topic 5 / Harland, Chapters 4 – 5, 9.310 – 9.380
Parkinson, Chapters 8 & 9
Monahan, Chapter 2
Sunday 26 November 2017: noon – 4.00pm in Abercrombie Seminar Room 1080
12.15pm-1.40pm / Topic 6 / Harland, Chapters 6, 10
Parkinson, Chapter 6
Monahan, Chapter 3
1.50pm-2.50pm / Topic 7 / Harland, Chapters 7 – 9, 11, 17.20
Parkinson, Chapters 20 – 24
Monahan, Chapters 7,8 & 9
2.55pm-3.55pm / Topic 7 / Harland, Chapters 7 – 9, 11, 17.20
Parkinson, Chapters 20 – 24
Monahan, Chapters 7,8 & 9
Weekend School 2
TIME / MAJOR TOPICS / KEY READINGSaturday 3 February 2018: 8.00am – noon in New Law School Annexe Seminar Room 342
8.00am-9.30am / Topic 7 / Harland, Chapters 7 – 9, 11, 17.20
Parkinson, Chapters 20 – 24
Monahan, Chapters 7,8 & 9
9.40am-10.40am / Topic 8 / Harland, Chapters 12 – 14
Parkinson, Chapters 16 – 19
Monahan, Chapters 12,13,14 & 15
10.45am-11.45am / Topic 8 / Harland, Chapters 12 – 14
Parkinson, Chapters 16 – 19
Sunday 4 February 2018: noon – 4.00pm in New Law School Annexe Seminar Room 342
12.15pm-1.40pm / Topic 8 / Harland, Chapters 12 – 14
Parkinson, Chapters 16 – 19
Monahan, Chapters 12,13,14 & 15
1.50pm-2.50pm / Topic 9 / Harland, Chapters 15 – 16
Parkinson, Chapter 12 &14
Monahan, Chapter 10
2.55pm-3.55pm / Topic 10 / Harland, Chapter 16
Parkinson, Chapter 13
Monahan, Chapter 11
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PRESCRIBED TOPICS AND COURSE OUTLINE
1. Historical Background and Constitutional Factors
Harland, Chapters 1 – 2
Parkinson, Chapters 3, 5 & 7
Monahan/Young, Chapters 1 and 4
Issues:
In this topic we consider the historical background to our current family laws, the different federal and state laws which are applicable and the ambit of the current Family Law Act 1975 (Cth).
Structure:
(1) What is a family?
(a) Defining a family
(b) Illegitimacy
(c) Equality of status legislation
(d) Same sex marriages
(e) Same sex families
(2) An Historical Introduction
(3) Federal and State Powers in Family Law
(a) Federal powers: ss 51 (xxi), 51 (xxii) Australian Constitution (see also incidental power s 51 (xxxix) and referred powers under s 51 (xxxvii))