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Unit outline_

LAWS5132: Family Law

Semester 2, 2024 [Normal day] - Camperdown/Darlington, Sydney

Family Law deals with the core provisions of the Family Law Act 1975 governing parenting of children and the property of married couples and persons in a de facto relationship. It also has a focus on the intersection of domestic and family violence with family law issues. It emphasises the importance of understanding critical skills needed in the application of the law in this area. This course is essential for those interested in working in Family Law related disciplines either as a practitioner or in law reform. Family Law will focus on the following topics: constitutional and jurisdictional issues; marriage, divorce and de facto relationships; the resolution of disputes relating to children under the Family Law Act 1975; property division under the Family Law Act; child support and maintenance; family violence and the ethical practice of Family law.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
LAWS3432
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Ghena Krayem, ghena.krayem@sydney.edu.au
Tutor(s) Ghena Krayem, ghena.krayem@sydney.edu.au
Justin Dowd, justin.dowd@sydney.edu.au
The census date for this unit availability is 2 September 2024
Type Description Weight Due Length
Assignment group assignment Group work presentation (20%)
Students present on an aspect of family law as a group.
20% Ongoing 25-min Presentation
Outcomes assessed: LO1 LO4 LO3 LO2
Short release assignment Short-release Assignment (30%)
Problem Questions/Critical response to material covered weeks 1-6
30% Week 06
Due date: 05 Sep 2024 at 17:00

Closing date: 12 Sep 2024
2000 words / 72 hours
Outcomes assessed: LO1 LO3 LO4
Assignment Research essay (50%)
Written essay
50% Week 13
Due date: 31 Oct 2024 at 17:00

Closing date: 28 Nov 2024
3000 words / 7 weeks
Outcomes assessed: LO1 LO2 LO3 LO4
group assignment = group assignment ?

Assessment summary

Group Work Presentation (20%): Students will form groups of five [5] members (depending on student numbers) and prepare a presentation of up to 25 mins [ excluding Q&A] on a Family Law topic selected from a list of topics/questions available on Canvas from 29th July 2024 at 9am (Sydney Australia time). A schedule for presentations will be developed and students will be required to sign up to a group by the end of week 1 on the unit Canvas site. Students must submit slides and other presentation resources via Canvas no later than 5pm (Sydney Australia time) on the day that of the scheduled presentation . Instructions and marking criteria for the group presentation will be discussed in class and will be available via Canvas. This task addresses ULOs 1, 2, 3, and 4. 

Special Consideration – Grants of special consideration in respect of the Group Work Presentation may result in students undertaking an alternative task designed to fulfil the learning outcomes of the original assessment.

Short-release Assignment (30%): Students will complete 2000 words (including all references) written response to a problem question and/or critical response based on materials covered in weeks 1-6. The questions will be released on canvas on 2 September 2024 at 5:00pm (Sydney, Australia time) and due on 5 September 2024 at 5:00pm (Sydney, Australia time). The task demonstrates attainment of all Learning Outcomes 1, 3 & 4.

Research essay (50%):  Students will complete 3000 words (exclude all footnotes and any bibliography) written essay on a provided topic released on canvas site on 16 September 2024 at 5:00pm (Sydney, Australia time) and due on 31 October 2024 at 5:00pm (Sydney, Australia time). The longer release period is given to allow students to manage their own time and other commitments. The task demonstrates attainment of all Learning Outcomes 1, 2, 3 & 4.

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude all footnotes and any bibliography (if required).

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Use of editors or proof-readers: Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking). The use of Studiosity does not breach this rule but must be acknowledged. 

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after 5 pm but before the same time the following day will attract a 10% penalty.

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week 01 Introduction to Family Law Seminar (2 hr) LO1 LO2 LO3
Constitutional Issues in Family Law Seminar (2 hr) LO3 LO4
Week 02 Marriage, Divorce & De Facto Relationships 1 Seminar (2 hr) LO1 LO2 LO3 LO4
Marriage, Divorce & De Facto Relationships 2 Seminar (2 hr) LO1 LO2 LO3 LO4
Week 03 Property 1 Seminar (2 hr) LO1 LO3 LO4
Property 2 Seminar (2 hr) LO3 LO4
Week 04 Property 3 Seminar (2 hr) LO3 LO4
Property 4 Seminar (2 hr) LO1 LO3 LO4
Week 05 Review class Seminar (2 hr) LO1 LO2 LO3 LO4
Economic Context and Child Support Seminar (2 hr) LO1 LO3 LO4
Week 07 Parenting 1 Seminar (2 hr) LO1 LO2 LO3 LO4
Parenting 2 Seminar (2 hr) LO1 LO2 LO3 LO4
Week 08 Parenting 3 Seminar (2 hr) LO1 LO2 LO3 LO4
Parenting 4 Seminar (2 hr) LO1 LO2 LO3 LO4
Week 09 Family Violence 1 Seminar (2 hr) LO1 LO2 LO3
Family Violence 2 Seminar (2 hr) LO1 LO2 LO3
Week 11 Resolution of Family Disputes 1 Seminar (2 hr) LO1 LO2 LO3 LO4
Resolution of Family Disputes 2 Seminar (2 hr) LO1 LO2 LO3 LO4
Week 12 Family Lawyers and Ethics Seminar (2 hr) LO1 LO2 LO3
Review Class Seminar (2 hr) LO1 LO2 LO3 LO4

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from undertaking the final assessment. 

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4. 

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit can be accessed through the Canvas site under ‘Reading List’.

  • Patrick Parkinson, Australian Family Law in Context: Commentary and Materials (8th ed Thomson Reuters, 2023).

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. describe the social context of family law and analyse debates about the legal regulation of families.
  • LO2. collaboratively identify the characteristics and qualities that form the basis for becoming effective and sensitive family law practitioners.
  • LO3. collaboratively and critically analyse existing law and policy concerning the breakdown of family relationships and identify opportunities for law reform.
  • LO4. practice and apply prediction skills with respect to the way in family law principles may be applied in judicial and non-judicial settings.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

There have been minor changes to assessment and order of topics since the unit was last taught

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.