Course Title: Evaluate the concepts and principles of family law

Part B: Course Detail

Teaching Period: Term2 2019

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

Teaching Staff:

Alana Ryan

Email: alana.ryan@rmit.edu.au

Location: Building 80.05.18-007

Phone: 99255897

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/Canvas
  • Overview of assessment requirements
  • Pre-Training Review including:
     
    • Recognition of Prior Learning and Credit Transfers
    • Assessment of current skills and knowledge
  • Competency
  • Plagiarism
  • Appeals
  • Extensions
  • Feedback
  • Privacy
  • Submission requirements
  • Resubmission policy
  • Where to get support
  • Student responsibilities 

 

Week

Topic

Learning Activities, Assessment

1.      

 

Introduction to Family Law and the Family Law Court.

Counselling organizations and services

 

2.      

 

Getting married

Domestic relationships

 

3.      

 

Getting married

Domestic relationships

 

4.      

 

Divorce

 

5.    

 

Children: Parenting Plans, Parenting Orders, Family Consultants and the ICL. 

Revision for the mid semester test

 

6.    

 

Open Book Test assessing The Family Law system, Marriage, Domestic Relationships, Divorce and Counselling Support Services

  • To be held during class time

Assessment task 1 - Mid Semester Test

7.      

 

 

Children: Parenting Plans, Parenting Orders, Family Consultants and the ICL. 

Assessment 2 - Research Assignment (To be handed out)

8.      

 

Family Violence, Child Abuse and Urgent Ex Parte Orders

 

9.     

 

Spousal and Partners Maintenance

 

10.  

 

Distribution of  property after separation

 

MID SEMESTER BREAK

2nd September - 6th September

 

11.  

 

Distribution of  property after separation

 

12.  

 

Child Support

 

13.   

 

 

 Adoption

Assessment 2 – Research Assignment Due

14.  

 

Revision, Practice tests

 

15.  

 

Final test

Assessment 3 - Final Test

 

16.

 

Feedback, Resits and Resubmissions

 

17. 

Feedback, Resits and Resubmissions

 

 

The nominal hours associated with this are a guide only and represent the total teaching time and student effort required to successfully complete this course.  This may include not only scheduled classes but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

 

 


Learning Resources

Prescribed Texts


References


Other Resources

Recommended Text: Eithne Mills and Marlene Ebejer Family Law (Lexis Nexis Butterworths, 7ed, 2017)

Additional resources will be available on Canvas


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- Open Book in class Test - (Due Week 6)

 

For this assessment you will be required to demonstrate you skills and knowledge from the topics covered in the first part of the semester. The assessment will take place during your scheduled class time. 

 

Assessment Task 2 - Research Assignment - (Due Week 13)

 

For this assessment  you will be required to undertake a research assessment where you will prepare a parenting plan based on a set of facts. You will also analyse a court decision and answer a number of other case study and short answer questions which relate to the topic areas of parenting plans, children's orders and the independent children's lawyer.

 

This is an individual assessment. You will be given some class time to complete this assessment but majority of this assessment is to be completed in your own time. 

 

Assessment Task 3 - Open Book in class Test - (Due Week 15)

 

For this assessment you will be required to demonstrate you skills and knowledge from the topics covered throughout  the semester. The assessment will take place during your scheduled class time.

 

You must complete all assessments to be deemed competent.

  1. Open book test which covers Learning Outcomes 1, 2, 3 and 11.
  2. Research Assignment - In this research assessment you will prepare a parenting plan based on a set of facts. You will also analyse a court decision and answer a number of other case study and short answer questions which relate to the topic areas of parenting plans, children’s orders and the independent children’s lawyer.
    This assessment covers Learning Outcomes 3 and 11.
  3. Final Test – Open Book test which covers Learning Outcomes 5, 6, 7, 8, 9, 10 and 12.


Assessment Matrix

                                                                                                              

The assessment matrix that maps all the assessment is available on CANVAS 

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. (hard copy and soft copy)
  • When you submit work for assessment at RMIT University you need to use the Assessment task document that includes a declaration and statement of authorship.
  • Each page of your assessment should include footer with your name, student number, the title of the assessment, unit code and title and page numbers.

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.

More Informationhttps://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/extensions-of-time-for-submission-of-assessable-work

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 five working days after the assessment task deadline or scheduled examination.

More Information:https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/special-consideration

Resubmissions (VET Programs):

If you are found to be unsuccessful in a particular Course Assessment Task (or you do not submit/attend) you will be allowed one resubmission.  Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission. 

If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible.

Grading & re-submissions

Successful re-submissions will contribute a CAG only (Competency Achieved Grading) result to your overall grade for the course.

Adjustments to Assessment

In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which the assessment arrangements might be granted please access the following website:

https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/adjustments-to-assessment

 

Marking Guide (Competency):

 

You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.

 

You will receive feedback on each assessment task that will inform you about your progress and how well you are performing.

 

 

Final Results

 

You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.

 

You will receive feedback on each assessment task that will inform you about your progress and how well you are performing.

 

The following grades are available for this course:

 

CA

Competency Achieved

NYC

Not Yet Competent

DNS

Did Not Submit for Assessment

 

 

Course Overview: Access Course Overview