Course Title: Evaluate the concepts and principles of family law
Part B: Course Detail
Teaching Period: Term2 2017
Course Code: LAW5725
Course Title: Evaluate the concepts and principles of family law
School: 650T Vocational Business Education
Campus: City Campus
Program: C6141 - Advanced Diploma of Legal Practice
Course Contact: Robert Sheen
Course Contact Phone: +61 3 9925 5759
Course Contact Email: robert.sheen@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Andrew Webster
Alana Ryan
Nominal Hours: 50
Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.
Pre-requisites and Co-requisites
None
Course Description
This unit describes the skills and knowledge required to assist in the application of family law concepts and provisions including those relating to de facto relationships, enforcement of family court orders and other relevant matters, in order to support the work of a legal office, practice or associated context.
This unit supports the work of personnel engaged in the operation of a legal office, support agency, citizen’s advice bureau or associated fields within public and/or corporate sectors.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
VU21651 Evaluate the concepts and principles of family law |
Element: |
1. Analyse the legal definition of marriage |
Performance Criteria: |
1.1 Identify conditions under which a marriage is considered valid under the law 1.2 Analyse the Marriage Act, including the Common Law position with reference to marriage as a contract, citing the duties, rights and responsibilities of the parties to the marriage with the obligation to support each other 1.3 Research and describe situations in which a marriage is considered illegal, and the penalties should a void marriage take place, 1.4 Research and discuss the legal implications of same sex unions, polygamous unions, sexual reassignment cases and monogamous unions |
Element: |
10. Evaluate the main provisions of the Adoption Act |
Performance Criteria: |
10.1 Assess the main provisions of the Adoption Act 10.2 Identify the parties who may adopt and be adopted, and the parties who must give consent for an adoption to take place 10.3 Identify the effect of an adoption in relation to the consequences for the parties involved 10.4 Analyse the process for appealing against an adoption order, or the revocation of an adoption order 10.5 Research the effectiveness of procedures to gain access to adoption records and debate for application to practice |
Element: |
11. Identify and evaluate organisations that offer help to parties in a relationship which is under stress |
Performance Criteria: |
11.1 Identify the main benefits available from Federal Government sources, and the parties eligible to receive them 11.2 Research the operations of a variety of counselling services and evaluate for relevance to a range of contexts 11.3 Research the availability and operation of emergency accommodation, refuges and shelters and evaluate for relevance to a range of contexts |
Element: |
12. Analyse the basis upon which an appeal may be made against the decision of a judge or magistrate and apply the procedure required before the court on the hearing of an appeal |
Performance Criteria: |
12.1 Research and explain the basis for, and prerequisite of, an appeal to the Family Court from the decision of a Magistrate 12.2 Research and explain the basis upon which a party may appeal against the decision of a Family Court judge 12.3 Specify and apply the procedure when making an appeal to the Full Family Court 12.4 Research and apply the basis on which appeals may be made to the High Court of Australia, with reference to appeal or judicial review on a question of constitutionality and leave to appeal |
Element: |
2. Analyse the development of the Family Law Act |
Performance Criteria: |
2.1 Research and describe the main elements of the historical development of the Australian Divorce Law with reference to the Christian belief and the operation of the ecclesiastical courts 2.2 Compare and contrast fault-based dissolution of marriage with no-fault dissolution 2.3 Research and analyse the development of the Family Law Act 2.4 Identify the jurisdiction of the Family Court of Australia, with reference to the Federal Circuit Court and the Magistrates' Court 2.5 Identify the powers given to Courts by the Family Law Act to penalise those who do not comply with its orders and debate for application |
Element: |
3. Identify the grounds upon which the Family Court of Australia and the Federal Circuit Court will dissolve a marriage |
Performance Criteria: |
3.1 Determine the need to prove that there is a valid marriage for the court to have jurisdiction, with reference to: • what constitutes jurisdiction • what constitutes a valid marriage in Australia and overseas • the distinction between dissolution and annulment of marriage • the position of void marriages in Australia 3.2 Establish the requirements that must be satisfied before the court will grant a decree nisi for the dissolution of a marriage 3.3 Identify and describe the requirements that must be met for a decree nisi to become a decree absolute |
Element: |
4. Analyse and apply the legal aspects of the welfare of children |
Performance Criteria: |
4.1 Identify the range of children that fall within the jurisdiction of the Family Law Act 4.2 Define the terms in the context of the Family Law Act and analyse for application 4.3 Identify procedures required before a party may seek orders in relation to children and analyse for application 4.4 Identify and describe the main considerations exercised under the Family Law Act when making an order in relation to children 4.5 Research and discuss the types of orders that may be made in relation to children 4.6 Research and discuss the situations in which the Court will vary orders relating to children |
Element: |
5. Analyse and apply the provisions of the Family Law Act with reference to Partner’s Maintenance |
Performance Criteria: |
5.1 Identify the parties who are eligible to receive maintenance 5.2 Identify and describe the pre-requisites to the making of a maintenance order 5.3 Describe the factors considered in the assessment of and analyse for application 5.4 Describe the factors that may lead to termination or variation of a maintenance order and analyse for application |
Element: |
6. Analyse and apply the provisions for paying of child support |
Performance Criteria: |
6.1 Research and discuss the child support legislation 6.2 Identify the range of children who are subject to the provisions of the Acts 6.3 Describe the method of calculation of the amount of child support to be paid and the provisions for deviations from the prescribed formula and analyse for application 6.4 Asssess the procedure for the enforcement of child support payments with reference to civil action and other action 6.5 Research and analyse the fairness, effectiveness and justice of the maintenance system, from the points of view of the paying party, receiving party and child |
Element: |
7. Analyse and apply the distribution of property under the Family Law Act |
Performance Criteria: |
7.1 Identify parties who may apply for property orders under the Family Law Act and determine property available for distribution 7.2 Compare declarations of property rights and orders altering property rights 7.3 Identify the criteria used by the court to determine property orders and analyse for application 7.4 Identify the property orders available to the court and the grounds for setting aside property orders and analyse for application 7.5 Assess pre–action procedures in the court and consent orders as they relate to the distribution of property 7.6 Analyse the principles relating to financial agreements and identify those who may apply for property orders under the Family Law Act |
Element: |
8. Analyse the constitutional and legislative provisions relating to domestic relationships other than marriage |
Performance Criteria: |
8.1 Identify and describe the legislative provisions applicable to domestic relationships 8.2 Assess and discuss the criteria for dividing property between parties to a domestic relationship to which the Family Law Act and the Relationships Act do not apply |
Element: |
9. Assess the operation of the Family Law Act and Family Violence Protection Act in relation to the making of orders |
Performance Criteria: |
9.1 Identify the operation of the urgency provisions of the Family Law Act and analyse for application 9.2 Research and describe the types of orders that the court might make 9.3 Outline the area of operation of the Family Violence Protection Act, including Family Violence Safety Notices 9.4 Research and discuss the protection given by the Family Violence Protection Act with reference to: • the parties to the relationship or other family members • the property, both real and personal, of the parties • the powers of members of the police force • the powers of the court 9.5 Evaluate and determine the consequences for a party in the event of breaching an order and the effectiveness of the consequences as a deterrent 9.6 Research and describe the circumstances in which a party may wish to proceed before the court on an ex-parte procedure |
Learning Outcomes
Details of Learning Activities
A range of learning activities are planned for this course including self-paced and collaborative classroom-based activities.
The self-paced activities will be delivered through various technology platforms and may include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.
The collaborative classroom-based activities will include group discussions, group problem-solving activities and opportunities to practice your skills in a simulated/real workplace environment. We expect you to participate and contribute in all scheduled learning activities.
Teaching Schedule
Induction Session
Prior to training commencement a program level induction session will be conducted that comprises the following:
- Program overview and requirements
- MyRMIT/Blackboard
- Overview of assessment requirements
- Pre-Training Review including:
- Recognition of Prior Learning and Credit Transfers
- Assessment of current skills and knowledge
- Competency/Grading Criteria
- Plagiarism
- Appeals
- Extensions
- Feedback
- Privacy
- Submission requirements
- Resubmission policy
- Where to get support
- Student responsibilities
The Teaching Schedule for this course is as follows. (Please note that this schedule is subject to change).
Week |
Week beginning |
Topic |
Learning Activities, Assessment |
1 |
3 July |
Introduction to the learning materials and outcomes in Family Law |
|
2 |
10 July |
Getting Married, Counselling organizations and services |
|
3 |
17 July |
Divorce |
|
4 |
24 July |
Children |
Assessment 1 – Part A – To be handed Out |
5 |
31 July |
Children |
|
6 |
7 August |
Independent Children’s Lawyer and Family Consultants |
|
7 |
14 August |
Spousal maintenance |
Assessment 1 – Part B – To be handed Out |
8 |
21 August |
Distribution of Matrimonial Property |
|
|
|
MID-SEMESTER BREAK 28 AUGUST – 1 SEPTEMBER |
|
9 |
4 September |
Distribution of Matrimonial Property |
Assessment 1 – Part A Due |
10 |
11 September |
Financial Disputes between de facto partners |
|
11 |
18 September |
Child Support |
|
12 |
25 September |
Family Violence |
Assessment 1 – Part B Due |
13 |
2 October |
Child Abuse and urgent Ex Parte Orders, Adoptions, Appeals |
|
14 |
9 October |
Revision, Practice tests |
|
15 |
16 October |
Final test |
Assessment 2 - Final Test |
16 |
23 October |
Feedback and Resits/Resubmissions (as required) |
|
Learning Resources
Prescribed Texts
Eithne Mills and Marlene Ebejer Family Law (Lexis Nexis Butterworths, 6ed, 2014) |
References
Other Resources
Overview of Assessment
Critical aspects for assessment and evidence required to demonstrate competency in this unit
In order to demonstrate competency in this unit, you must provide evidence of:
• knowledge of Family Law and the related fields of de facto relationships, and the enforcement of Family Law Court orders
• identifying the provisions of the Family Law in relation to dissolving of a marriage, custody and guardianship of children after parental separation, spousal maintenance and children maintenance
• identifying the property rights and orders under the Family Act with regards to altering property rights and determining the property order used by the Family Court
• knowledge of constitutional and legislative provisions under the domestic partnerships order than marriage
• analysing the Family Violence Protection Act in relation to protection given and the consequences of breaching the order
• evaluating the provisions of the Adoption Act and the consequences for the parties involved in the event of an adoption order
• identifying the organisations which help parties in a relationship under stress
• determining the basis upon which an appeal may be made, and identify the appeal procedures when making an appeal to the Family Court
Context for assessment
Assessment must ensure:
• activities are related to a legal practice context
• activities are related to laws, regulations and procedures currently operating across the jurisdictions relevant to this qualification
You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.
Feedback
Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed.
You should take note of all feedback received and use this information to improve your learning effectiveness and final performance in the course.
Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.
Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed.
You should take note of all feedback received and use this information to improve your learning outcomes and final performance in the course. Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.Assessment Tasks
Assessment Task 1- Research Assignment
Students will undertake research and complete an assignment based on the topics of marriage, divorce and children.
Assessment Task 2 - End of semester Test
The exam is one 2 hour, open book examination to be held at the end of semester. It will cover all topics studied in this course.
Assessment Matrix
Other Information
Submission Requirements
You should:
- Ensure that you submit assessments on or before the due date.
- Always retain a copy of your assessment tasks (both hard copy and soft copy).
- Use a cover sheet that includes a declaration and statement of authorship when you submit work for assessment at RMIT University. You must complete, sign and submit a cover sheet with all work you submit for assessment, whether individual or group work. On the cover sheet you must declare that the work you are presenting for assessment is your own work. An assignment cover sheet for submission of each assessment task is available on Blackboard.
- Include a footer (appearing on each page of your assessment) with your name, student number, assessment title, course code, course title and page numbers. For example, Kelly Hervey, 324567, Task 2, OHS2345C Ensure safe workplace, Page 1 of 10.
Late Submission Procedures
You are required to submit assessment items and/or ensure performance based assessment is completed by the due dates.
If you are prevented from submitting an assessment item on time, by circumstances outside your control, you may apply in advance to your teacher for an extension to the due date of up to seven calendar days. For more Information go to: http://www.rmit.edu.au/students/assessment/extension
The application form may be obtained from: http://mams.rmit.edu.au/seca86tti4g4z.pdf
Where an extension of greater than seven days is needed, you must apply for Special Consideration. Applications for Special Consideration must be submitted no later than two working days after the assessment task deadline or scheduled examination. For more Information go to: http://www.rmit.edu.au/browse;ID=g43abm17hc9w
The application form may be obtained from: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf
Resubmissions (VE Programs):
You must satisfactorily complete all assessment tasks in order to achieve competency.
If an assessment task is assessed as not yet satisfactory, you will be allowed one resubmission opportunity only. Your teacher will provide feedback detailing what you need to do in order to satisfactorily complete that task, and will set a new deadline for the resubmission within the current semester.
If your resubmission is deemed to be not yet satisfactory then you must apply in writing to your Program Manager outlining the steps you will take to demonstrate competence in that course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as practical.
If your resubmission is deemed satisfactory then you may still achieve competency for the course, provided that all other assessment tasks are satisfactorily completed. Further, if this satisfactory resubmission is of a task that contributes to the overall grading of this course, then it shall only be entitled to receive a score that equates to 50% of the total marks allocated for that task.
Adjustments to Assessment
In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which an adjustment to the assessment arrangements might be granted please access the following website: http://rmit.edu.au/browse;ID=7usdbki1fjf31
Marking Guide (Competency)
You must demonstrate through your performance in the Course Assessment Tasks that you have all the required skills and knowledge as specified in the unit of competency (course) you are studying.
Your submitted assessments are the evidence used to determine if you have met all critical aspects of the assessments, and if any critical aspects have not been met, then you cannot be deemed competent in this course.
On each assessment task you will receive feedback against the competency requirements for that task, and the outcome of the task will be recorded as either satisfactory (all requirements have been met) or not yet satisfactory (one or more requirements has not yet been met).
Only when all assessment tasks have been assessed as satisfactory will you be deemed competent in this course.
Marking Guide (Grading)
This course is graded. However, only after achieving competency in this course will you receive a grade corresponding to your level of performance in the course.
The reported Final Grade will be one of the following:
CHD |
Competent with High Distinction |
CDI |
Competent with Distinction |
CC |
Competent with Credit |
CAG |
Competency Achieved – Graded |
NYC |
Not Yet Competent (all assessment tasks submitted) |
DNS |
Did Not Submit (one or more assessment tasks not submitted) |
Further details regarding the application of the grading criteria will be provided by your teacher.
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