Course Title: Family law
Part A: Course Overview
Course Title: Family law
Nominal Hours: 51.0Regardless 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.
650T Vocational Business Education
Distance / Correspondence or Face-to-Face or Internet or Workplace
Course Contact: Doug Gourlay
Course Contact Phone: +61 3 9925-5944
Course Contact Email: firstname.lastname@example.org
To provide knowledge and skills in the field of Family Law and the related fields of de facto relationships, enforcement of Family Court orders and related matters as skills desirable for a person engaged in the operation of a legal office, citizen’s advise bureau or similar information service.
Pre-requisite Courses and Assumed Knowledge and Capabilities
Pre-requisites: VU20111 Legal Process
National Competency Codes and Titles
National Element Code & Title:
VU20115 Family law
Upon successful completion of this course you will be able to:
Learning Outcome 1 - Analyse the legal definition of marriage, legal requirements of parties within a marriage, and situations where a marriage is void.
1.1 Identify and define the conditions under which a marriage is considered valid under the law.
1.2 Analyse the law as it relates to the duties, rights and responsibilities of the parties to the marriage with reference to marriage as a contract, the obligation to maintain each other and the Common Law position.
1.3 Identify and analyse the situations in which a marriage is considered illegal, and the penalties should said marriage take place.
1.4 Discuss the legal implications of same sex unions, polygamous unions, sexual reassignment cases and monogamous unions.
Learning Outcome 2 - Analyse the development of the Family Law Act and assess the jurisdiction of the Family Court.
2.1 Analyse the main elements of the historical development of 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 Analyse the development of the Family Law Act.
2.4 Identify the jurisdiction of the Family Court of Australia.
2.5 Assess the powers given to the Family Court by the Family Law Act to penalise those who do not comply with its orders.
Learning Outcome 3 - Identify the grounds upon which the Family Court of Australia will dissolve a marriage.
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
• distinction between dissolution and annulment
• 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 the requirements that must be met for a decree nisi to become a decree absolute.
Learning Outcome 4 - Analyse the legal aspects of the care of children after parental separation.
4.1 Identify the range of children that fall within the jurisdiction of the Family Court.
4.2 Analyse and define the terms in the context of the Family Law Act.
4.3 Identify procedures required before a party may seek orders in relation to children.
4.4 Identify and analyse the main considerations exercised by the Family Court when making an order in relation to children.
4.5 Analyse the types of orders that the Family Court may make in relation to children.
4.6 Assess the situations in which the Family Court will vary orders relating to children.
Learning Outcome 5 - Analyse and detail the provisions of the Family Law Act with reference to Spousal Maintenance.
5.1 Identify the parties that are eligible to receive maintenance.
5.2 Identify and detail the prerequisites to the making of a maintenance order.
5.3 Assess the factors considered in the assessment of maintenance.
5.4 Evaluate the factors that may lead to termination or variation of a maintenance order.
Learning Outcome 6 - Analyse and assess the development of the law in relation to the paying of maintenance for children.
6.1 Analyse and evaluate the current child maintenance legislation.
6.2 Identify the range of children who are subject to the provisions of the Acts.
6.3 Analyse the method of calculation of the amount of child support to be paid.
6.4 Determine the provisions for deviations from the prescribed formula, giving relevant case study examples.
6.5 Assess the procedure for the enforcement of child support payments with reference to civil action and other action.
6.6 Evaluate and analyse the justice of the system from the point of view of the paying party, receiving party and child.
Learning Outcome 7 Analyse the division of property under the Family Law Act.
7.1 Identify who may apply for property orders under the Family Law Act
7.2 Determine property available for division
7.3 Assess and compare declarations of property rights and orders altering property rights
7.4 Analyse the criteria used by the court to determine property orders.
7.5 Analyse the property orders available to the court and the grounds for setting aside property orders.
7.6 Assess pre–action procedures in the court and consent orders as they relate to the division of property
7.7 Analyse the principles relating to financial agreements
Learning Outcome 8 - Analyse the constitutional and legislative provisions relating to domestic partnerships other than marriage.
8.1 Determine legislative provisions applicable to domestic relationships.
8.2 Assess the criteria for dividing property between parties to a domestic relationship to which the Family Law Act and the Relationships Act do not apply.
Learning Outcome 9 - Assess the operation of the Family Law Act and Family Violence Protection Act in relation to the making of orders.
9.1 Analyse the operation of the urgency provisions of the Family Law Act.
9.2 Assess the types of orders that the court might make.
9.3 Outline the area of operation of the Family Violence Protection Act.
9.4 Assess 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 Determine the consequences for a party in the event of breaching such an order and evaluate the effectiveness of these as a deterrent.
9.6 Analyse the circumstances in which a party may wish to proceed before the court on an ex-parte procedure.
Learning Outcome 10 - Evaluate the main provisions of the Adoption Act and identify the consequences for the parties involved in the event of an adoption order being made.
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 order, including the consequences for the parties involved.
10.4 Analyse the process necessary for appeals against or revocation of an adoption order, citing relevant case study examples.
10.5 Evaluate the effectiveness of procedures to gain access to adoption records.
Learning Outcome 11 - Identify and evaluate of organisations that offer help to the parties in a relationship which is under stress.
11.1 Illustrate the main benefits that are available from Federal Government sources, and identify the parties that are eligible to receive them.
11.2 Evaluate the operations of a variety of counselling services.
11.3 Analyse the availability and operation of emergency accommodation, refuges and shelters.
Learning Outcome 12 - Analyse and evaluate the basis upon which an appeal may be made against the decision of a judge or magistrate, and the procedure required before the court on the hearing of an appeal.
12.1 Assess the basis for and prerequisite of an appeal to the Family Court from the decision of a Magistrate.
12.2 Determine the basis upon which a party may appeal against the decision of a Family Court judge.
12.3 Specify the procedure when making an appeal to the Full Family Court.
12.4 Analyse 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.
Overview of Assessment
Assessment methods have been designed to measure achievement of the requirements in a flexible manner over a range of assessment tasks, for example:
• practical exercises
• case studies
• tests and/or exams
Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant curriculum standards are being met. Students will be provided with feedback throughout the course to check their progress.