Course Title: Evaluate the concepts and principles of family law

Part B: Course Detail

Teaching Period: Term2 2020

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: Callie Harvey

Course Contact Phone: +61 3 9925 5772

Course Contact Email: callie.harvey@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Alana Ryan

alana.ryan@rmit.edu.au 

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 Assess 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

This semester we will be learning remotely through Collaborate Ultra Sessions.

A range of learning activities are planned for this course including self-paced and discussion 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 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.

This course will be delivered via our existing learning management system, Canvas.  This means that, for the foreseeable future, there will be no face-to-face classes in any of the units for which you are enrolled.

Classes in each of your units will still take place in their normal scheduled time-slots, but instead of being conducted in a face-to-face mode, your teachers will utilise the Collaborate Ultra platform to deliver ‘live’ online classes.  These classes delivered online will not only provide you with the required learning materials for those sessions, but they will also enable interactions with your teachers and fellow students via forums or discussion boards.

This course guide contains information that describes course aspects that don’t change and are locked in well ahead of the semester. Any information that differs due to changes of delivery is a consequence of COVID-19. Your course coordinator will advise you as to the correct details via Canvas.


Teaching Schedule

This course is comprised of one competency:

VU21651 Evaluate the concepts and principles of family law

 

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. 

Course Schedule: LAW5725 Evaluate the concepts and principles of Family Law, Semester 2, 2020

Week Commencing

Topic

Learning Activities, Assessment

1.      

July 6

Introduction to Family Law and the Family Law Court.

Counselling organizations and services

Assessment task 1 - to be handed out

2.      

July 13

Getting married

Domestic relationships

 

3.      

July 20

Getting married

Domestic relationships

 

4.      

July 27

Divorce

 

5.    

August 3

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

 

6.

August 10

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

Assessment task 1 - Due

7.      

August 17

 

Family Violence, Child Abuse and Urgent Ex Parte Orders

Assessment 2 - Research Assignment (To be handed out)

8.      

August 24

Spousal and Partner's Maintenance

 
MID-SEMESTER BREAK

9.

September 7

Distribution of  property after separation 

 

10.  

September 14

Child Support

 

11.  

September 21

Adoption

Assessment 2 – Research Assignment Due

12.  

September 28

Revision

 

13.   

October 5

Assessment 3 - Final test PART A due in class

14.  

October 12

Assessment 3 - Final test PART B due in class

15.

October 19

Feedback, Resits and Resubmissions

 

16.

October 26

Feedback, Resits and Resubmissions

 

17. 

November 2

Grade Entry

 

The nominal hours associated with this course are a guide only and represent the total teaching time and student effort required to successfully complete the 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

Online learning materials can be accessed by going into the RMIT web sites Online Learning Hub.

The online learning materials listed include:

  • Course outlines
  • Power point Presentations
  • Supporting Reading material
  • Industry relevant articles
  • Activities.

 


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: Assignment

Due: 11:59 PM Sunday 16 August 2020

The purpose of this assessment is to allow you to demonstrate knowledge and understanding of the applicable legislation to be able to comply with the Victorian Uniform Evidence Act.

 

ASSESSMENT TASK 2:Research Assignment

Due: 11:59 PM Sunday 27 September 2020

The purpose of this assessment is to allow students to demonstrate their knowledge and understanding of the principles of law applicable to aspects of the law of evidence as it applies in Victoria and Australia.

 

ASSESSMENT TASK 3: Online assessments

PART A Due: In-class during week commencing 5 October 2020

PART B Due: In-class during week commencing 12 October 2020

The purpose of this task is to develop your ability to analyse and apply the law relating to aspects of family law including spousal maintenance and property distribution, child support, domestic relationships, family violence and adoption to fact situations and apply the relevant statute and common law by preparing clearly expressed answers.

 

To be competent you must demonstrate an understanding of the key concepts by identifying the issues, applying the relevant statute or legal principles to a series of questions. It will also assess your ability to apply these key learning areas to fact situations and apply the relevant statute and common law by preparing clearly expressed answers.

 


Assessment Matrix

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

Other Information

Submission Requirements

  • 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 a footer with your name, student number, the title of the assessment, unit code and title and page numbers.

 

Resubmissions (VET Programs)

If you are found to be unsuccessful (Not satisfactory/Unsatisfactory) in a Course Assessment Task 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.

 

Penalties for Late Submission 

Late submissions of assignments without special consideration or extension will automatically be considered a re-submission (see above).

 

Extensions, Special Consideration and Adjustment to Assessments

Extensions:

Extensions are available for unforeseen circumstances of a short-term nature.

An application form must be submitted to the school at least one working day before the due date of the assessment.

Extensions can be approved for a maximum of one week (seven calendar days) past the due date for an assessment. (Where students need an extension exceeding one week they must instead apply for special consideration.)

 

Special consideration:

Special consideration is available for unexpected circumstances outside students’ control. These include but are not limited to: unexpected short-term ill health, and unavoidable family, work, cultural or religious commitments.

An application for special consideration is made in advance of an assessment wherever possible but will normally be accepted within five working days after the assessment date

For more information, see the Special Consideration page of the RMIT website.

 

Adjustments to Assessment:

RMIT provides several adjustments to assessment for students experiencing ongoing or long-term circumstances. Find the right one for your circumstances here.

 

Changes to the Assessment Scheme

Where a change to assessment approved by the dean/head of school changes an assessment due date, students will be given at least five working days’ notice of the new due date.

 

Feedback

You can expect to receive marks and feedback on in-course assessment work in time to improve your performance in related assessment tasks later in the course.

 

Academic Integrity and Misconduct

Students demonstrate academic integrity in their assessment practices by:

  • engaging with assessment activities in an honest way;
  • providing accountability for the authorship and originality of work submitted;
  • acknowledging the work of others and the re-use of original work.

Academic misconduct is addressed in accordance with the Student conduct policy

Assessment involving research with human participants, their information or their tissue, or animal subjects is carried out in accordance with the Staff ethics and integrity policy.

For further information see the Academic Integrity website.

 

Review and Appeal

A student may request a review of an assessment result or appeal a final course grade in accordance with the Conduct of assessment and appeals section of the Assessment Processes.

 

Grade Criteria

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

The following grades are available for this course.

Vocational education grades:

CA - Competency Achieved

NYC - Not Yet Competent

DNS - Did Not Submit for assessment

 

Course Overview: Access Course Overview