LLB243 Family Law


To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.


Unit Outline: Semester 2 2024, Gardens Point, Internal

Unit code:LLB243
Credit points:12
Pre-requisite:LLB101 and LLB105 or LLB107 or LWB146.
Anti-requisite:LWB302
Coordinator:Danielle Bozin | danielle.bozin@qut.edu.au
Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of the teaching period.

Overview

Family law professionals are involved in referring clients to, and representing them in, dispute resolution processes. They also help clients to reach resolution in a way that minimises the conflict experienced by family members, particularly where there are children. They assist clients with their parenting and financial issues and in applications to seek protection from family violence. This unit is important if you are considering working anywhere within the family law system or in general practice. It is a general law elective in the law degree.

Learning Outcomes

On successful completion of this unit you will be able to:

  1. Describe the key dispute resolution processes available in the family law system, including counselling, mediation and judicial determination.
  2. Use legal reasoning and critical thinking to apply parenting, financial and domestic violence law to real world problems.
  3. Effectively communicate family law advice in writing using plain English.
  4. Explain some of the ethical obligations of family lawyers, including the obligation to promote the best interests of children and to ensure clients make full and frank disclosure.

Content

The unit will cover the following:
1.The family law system - the role of dispute resolution processes including counselling, mediation and court
2. Requirements for divorce
3. How to resolve "live with" and "spend time with" arrangements for children  
4. How to resolve financial issues 
5. How to assist a client seeking protection from domestic violence
6. Some ethical obligations of family lawyers, including the obligation to promote the best interests of children and make full and frank disclosure in financial matters

Learning Approaches

Your participation in this unit will include: 

Independent engagement with materials: you will complete the set readings and engage with weekly podcasts to develop your understanding of the key concepts.

Live tutorials in weeks 4-12 attended either in person or via Zoom: you will participate in these tutorials to further develop your understanding of the key concepts including the legislation, case law and your ability to apply the key legal principles to parenting, domestic violence and financial scenarios. You will have the choice of attending either an in person or online tutorial. To participate in the online tutorial you will need a stable internet connection that can sustain a Zoom video conferencing link for 1.5 hours and a camera and microphone. If you are unable to attend the in person or online tutorials you will be able to view tutorial recordings but this should be used as a back-up only and not a replacement for attendance.

Participating in the discussion board.

Feedback on Learning and Assessment

You will receive feedback on your understanding of unit concepts through: 

Completing the set readings and then listening to the podcasts

Participating in the live interactive tutorials

Asking questions about assessment items via the discussion board and reading the lecturer's responses to questions 

Receiving individual and generic feedback on your summative assessment tasks

Taking up the option of contacting teaching staff during their consultation times

Assessment

Overview

There are two assessment items in this unit and there will be a discussion board for each assessment item so that you can ask questions and view the lecturer's responses to questions.

Unit Grading Scheme

7- point scale

Assessment Tasks

Assessment: Letter of advice

Acting as a family lawyer you will consider a family law scenario and prepare a letter of advice to your client. Your letter will be in plain English and will footnote the relevant sections of legislation and case law.

This assignment is eligible for the 48-hour late submission period and assignment extensions.

Weight: 40
Length: 2000 words
Individual/Group: Individual
Due (indicative): Week 8
Related Unit learning outcomes: 1, 2, 3, 4

Assessment: Take-home exam

The exam will assess your understanding of the dispute resolution processes in the family law system, ethical obligations of family lawyers and your ability to communicate clearly.

You will be provided with a take-home exam and given 3 days to complete the exam. You will complete written responses to these questions.

Weight: 60
Length: 2500 words
Individual/Group: Individual
Due (indicative): Week 13
Related Unit learning outcomes: 1, 2, 3, 4

Academic Integrity

Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.

Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.

You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.

Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.

Resources

Canvas site
Online materials for the unit are available on the unit Canvas site.

Resource Materials

Other

Relevant legislation:
Family Law Act 1975 (Cth); Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)
Child Support (Assessment) Act 1989 (Cth)
Child Support (Registration and Collection) Act 1988 (Cth)
Marriage Act 1961 (Cth)
Domestic and Family Violence Protection Act 2012 (Qld)

Risk Assessment Statement

There are no out-of-the-ordinary risks associated with this unit.