Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

Upon completion of the course, students should be able to:

Analyse 

• Identify the client's needs and concerns including what the client wants to achieve.
• From the client's instructions, attempt to identify the needs and concerns of the other party/ies and what the other party/ies want to achieve and identify how this may be relevant to the client. 
• Use tools, such as a working chronology and preparation notes, to distil the facts as given by the client and to identify areas of agreement, dispute, and matters which may require clarification or substantiation.
• Identify, and undertake systematic and thorough research, in relation to legal issues involved in the client's case. Take into account issues likely to be raised by the other party/ies. Document relevant issues and research in preparation notes.
• Apply the law to the facts to assess the client's prospects of success including the range of likely outcomes. The latter should take into account the range of possible legal arguments and ways that disputed facts may be assessed. 
• Identify other factors which may be relevant to the particular client e.g. caring and other personal relationships, stress, safety, cost, timeliness.
• Assess the appropriateness of the range of dispute resolution options / methods, at all stages of the matter.
• Assess the appropriateness of referrals and/or use of other services or experts by the client, the other party/ies and /or the family.

Advise

• Give accurate, transparent and well structured legal advice in family law matters applying good communication style (sequence, clarity, tone, plain English).
• Address all relevant issues, including the range of likely outcomes, the client's particular needs and concerns, dispute resolution options and legal requirements (e.g. pre-action procedures).

Commence proceedings

• Commence and respond to proceedings in compliance with the Rules taking into account jurisdictional issues, cost containment, and timeliness.

Draft applications

• Draft well framed applications in accordance with the client's instructions taking into account the law, procedure, practicality, enforceability and good drafting style (sequence, setting out, clarity, plain English).
• Formulate interim and final applications taking into account the context including lapse of time between interim and final hearing.

Draft affidavits

• Draft affidavits in chief and in reply to achieve clear and effective presentation of the client's evidence.
• Take into account the law, Rules, considerations of relevance, weight, and admissibility, in structuring and presenting the client's evidence, including evidence in reply.

Represent in court

• Apply tactical skills in relation to amendment of the client's application before hearing taking into account relevant factors including effective presentation of the client's case and containing costs.
• Represent a client in court in interim defended proceedings including presenting the client's case in accordance with the client's instructions and in the light of the law, procedure, effective advocacy and professional standards.
• Make submissions which address the totality of the evidence, not only the evidence presented by your client.

Professional role

• Identify, analyse and take appropriate action in the light of ethical, professional and personal dilemmas in family law matters. 

Professional awareness

• Analyse and critique your performance and that of others as a key tool in developing your family law practice knowledge and skills.
• Consider the social and legal context of family law practice and the roles and responsibilities of family lawyers.  
• Consider the roles of family lawyers and others in bringing about changes to family law and procedure and consider the roles you might play in legal practice.

Other Information

When Offered and Delivery Mode:  This online eight week course is offered three times a year in the second, third and fourth teaching periods.

Classification in Graduate Studies Select:  Specialist. In addition an elective in the GDLP program, can be used as part of the articulation into the LLM and LLM (in practice) programs.

Indicative Assessment

The assessable work is designed to intensify student learning and it mainly focuses on going through the steps of preparing and appearing on a defended family law application.

The assessable items are the quality of: court documents application, response and affidavits (40%); preparation and court appearance notes (10%) legal advice (20%); representation of the client on the defended hearing (30%). The first three elements are marked on the highest standard achieved in two rounds (round 1: acting for the applicant and round 2: acting for the respondent). Passing the course is conditional on students completing all assessable tasks.

The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.

Workload

There are no set contact hours.  Students should expect to spend about 10 - 15 hours per week in reading and course related tasks to complete the course.  

Prescribed Texts

Prescribed texts are available online and are advised to students through the course website in WATTLE.

Preliminary Reading

The reading list includes sections of the Family Law Act, Family Law Rules, the Federal Magistrates Court Rules and Family Law Practice Commentary.

Assumed Knowledge

The course is designed for law graduates intending to proceed into legal practice. Previous study or knowledge of family law is not required.

Offerings, Dates and Class Summary Links