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
|
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.
- Open book test which covers Learning Outcomes 1, 2, 3 and 11.
-
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. - 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:
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 Information: https://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:
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.
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:
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Course Overview: Access Course Overview