The course is designed to equip students with the theoretical and practical knowledge to take a considered position on family law issues.  The course covers the following areas of family law:

• marriage;
• violence and abuse in families;
• decision-making about parenting after separation;
• economic aspects of marriage; and
• de-facto relationship breakdown.

Learning Outcomes

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

1. Describe, discuss, explain, analyse and critique key principles of family law and be able to cite the relevant legislative provisions and case law appropriately;
2. Apply your knowledge of family law creatively and with initiative to construct an accurate written advice that provides a solution to a complex hypothetical family law problem, with intellectual independence;
3. Locate, describe, apply and critically evaluate key aspects of family law and selected secondary academic literature about family law and its reforms covered in this course;
4. Plan and complete a research project, with some independence;
5. Outline, summarise and analyse a range of perspectives that are relevant to family law and critically examine (in written and oral form) the law from those perspectives;
6. Acquire experience in project management, collaborative learning and demonstrate personal and communication skills to function effectively in small groups comprising a variety of participants/audiences;
7. Reflect coherently upon your learning in the course, your own values, the values underlying the family law system, and the differences between family law and practice in other legal areas.

Research-Led Teaching

Anne Macduff's research uses critical theory to generate new perspectives in a variety of legal areas, including public law such as citizenship law, but also at the intersection of public and private law, including Family Law. Anne has also participated as a solicitor in the ANU clinical program at ACT Legal Aid, which forms part of the Graduate Diploma in Legal Practice program, and is a qualified mediator. For her list of publications, see https://researchers.anu.edu.au/researchers/macduff-a. 

Field Trips

Outside of the course, students may find it useful to their learning to attend a Family Court hearing either before, during or after the course. Further information will be given to students who wish to avail themselves of this opportunity, in order to book a time so that there is no risk that the court becomes overcrowded with students.

Examination Material or equipment

Students may find it useful to have access to a battery operated calculator for the in-class exam (i.e. the calculator can not be on a phone or other electronic device). But this is not a requirement.

Required Resources

The recommended textbook is Lisa Young et al, Family Law in Australia (9th edition, Lexis Nexis, 2016).

Students should also ensure that they have access to a current version of the Family Law Act 1975 (Cth).

Recommended Resources

Any references to recommended reading will be provided in wattle, including any useful cases.

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to whole class, groups, individuals, focus group etc

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Tuesday 4 Feb Lecture: 1-3.30 pm (Introduction, Background, Constitutional Framework, Family Violence, and Relationships) Workshop #1: 4-6 pm (Family and Reflection)
2	Thursday 6 Feb (Children's Orders: Legislative Framework) Lecture: 1.00 -3.30 pm Workshop #2: 4-6 pm (Children's scenario)
3	Friday 7 Feb Lecture: 1.00 -3.30 pm (Children's Orders: Best interests of the Child) Workshop #3: 4-6 pm (Children's scenario )
4	Monday 10 Feb Lecture: 1.00 -3.30 pm (Property Orders: Background, Stanford and Stages 1 and 2) Workshop #4: 4-6 pm (Legal Writing - Property scenario)
5	Tuesday 11 Feb Lecture: 1.00-3.30 pm (Property Orders: Stages 3, 4) Workshop #5: 4-6 pm (Property scenario )
6	Thursday 13 Feb (No lecture) Workshop #6 : This workshop is a mediation simulation based on a property scenario. The simulation will be run at two different times. Once between 9 - 12 and again between 1-4. Students who wish to be involved , need only attend one simulation.	Mediation simulation
7	Monday 17 Feb Lecture: 1.00 -3.30 pm (Guest lectures on selected topics: TBA) (Using Feedback and Reflection) Workshop #7: 4-6 pm (Research Skills )	Guest lecturers may attend- TBA
8	Tuesday 18 Feb Lecture: 1.00 -3.30 pm (Guest lectures on selected topics: TBA) Workshop #8: 4-6 pm (Examination Revision)	Guest lecturers may attend - TBA
9	Thursday 20 Feb An in-class invigilated exam of 2.5 hours at a time TBA	In Class Exam

Tutorial Registration

There are 8 workshops in this course. All but one of the workshops will be held after the lecture. There is another workshop scheduled on a separate day. Please see timetable below. There is no need to register for the workshops, as all workshops are open to all students. Just come along. Please note that there is an attendance requirement and students will be expected to attend a minimum number of the workshops. If you miss more than 3 workshops, a penalty may apply. For more information about the attendance requirement, see more information in the assessment details below. Workshops are not recorded.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Quiz	0 %	12/02/2020	13/02/2020	1, 3
Workshop Attendance	0 %	18/02/2020	01/03/2020	1, 2, 3, 5, 7
Exam	50 %	20/02/2020	20/03/2020	1, 2, 3, 4
Research Task - Law Reform Written Submission	50 %	13/04/2020	27/05/2020	1, 3, 5, 6
Reflection	10 %	27/04/2020	03/06/2020	7

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using 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. For additional information regarding Turnitin please visit the ANU Online website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

Students will be expected to attend 5 of the 8 workshops throughout the course. Students may miss up to 3 without the need to provide any documentation. If more is missed, then students should contact the convener. To miss more than 3 workshops, students will need to provide documentation. Clashing work or other commitments will not be accepted as a reason to miss more than 3 workshops.

Examination(s)

There will be an in-class examination on Thursday 20th February, at a time and venue to be advised.

Assessment Task 1

Quiz

Details of Task: This is a multiple choice test designed to assist students to review their understanding of some of the basic concepts and rules taught covered in the first five lectures. This task will provide formative feedback at least halfway through the course.

Nature of Task: Optional. There is no consequence for not completing the quiz, however it will be a missed opportunity for early feedback.

Weighting: 0%

Release: 5:00 pm on Wednesday 12 February 2020 via Wattle course site.

Due date: 5:30 pm on Wednesday 12 February 2020 via Wattle course site. Due to the optional nature of the task, no late submissions will be accepted. There will not be another chance to complete the quiz.

Timing: 30 minutes

Estimated return date: 13 February 2020 via Wattle site.

Assessment Criteria:

• Accuracy in identifying and explaining key family law principles
• Accuracy in identifying family law issues arising from a set of facts
• Accuracy in applying family law principles to a hypothetical scenarios

Assessment Task 2

Workshop Attendance

Details of Task: There are a total of 8 workshops in this course. Workshops are designed to assist students to practice applying the concepts and principles covered in the lectures. They are practical and will be interactive. Students should come prepared so that they can get the most out of these activities. Participation in the workshops is particularly important given the intensive nature of the course, and will assist you to keep on top of the material. In the past, the more that students have engaged in workshops, the more they have enjoyed the course and understood the material . However, some flexibility is built into the attendance requirement. Of the 8 workshops, you may miss a maximum of 3 workshops for no reason and with no penalty. These 3 can be any workshop of your choosing. A roll will be kept in class and it is your responsibility to ensure that your name is on the roll. Leaving early or arriving late may mean that your attendance for that workshop is not counted. The roll will be the only evidence of attendance that will be accepted. Workshops are not recorded, although materials distributed during the workshop will be made available to all students via the course wattle site shortly afterwards. If you are unwell or unable to attend a workshop due to an exceptional reason , then provided that you supply appropriate documentation, this absence will not be counted towards the 3 permissible absences.

Nature of Task: Compulsory and not redeemable.

Weighting: Failure to attend a minimum of 5 out of 8 workshops will result in a 5 mark penalty applied to the student's overall course result.

Release: Ongoing

Due date: Ongoing

Estimated return date: Students to whom the 5 mark penalty applies will be sent an email within 7 days of the last class to their ANU student email.

Assessment Criteria:

The activities in the workshops will give students opportunities to engage with and practice nearly all of the learning outcomes in the course; although primarily in oral form.

• Practise describe, discuss, explain, analyse and critique key principles of family law;
• Apply family law creatively and with initiative to develop advice that provides a solution to a complex hypothetical family law problem;
• Locate, describe, apply and critically evaluate key aspects of family law and selected secondary academic literature about family law and its reforms covered in this course;
• Outline, summarise and analyse a range of perspectives that are relevant to family law and critically examine (in oral form) the law from those perspectives;
• Acquire experience in project management, collaborative learning and demonstrate personal and communication skills to function effectively in small groups comprising a variety of participants/audiences
• Reflect coherently upon your learning in the course, your own values, the values underlying the family law system, and the differences between family law and practice in other legal areas. 

 

Assessment Task 3

Exam

Details of Task: The in-class invigilated exam will involve a hypothetical family law problem scenario. It will require students to be able to apply the substantive legal rules covered in the entire course. (family violence, children's orders, property orders). This is a closed book exam, although students are permitted to bring in one A4 sheet of notes (double-sided, printed or handwritten) to the exam. You may also bring in a battery-operated calculator (ie it cannot be on a phone or other device). No other materials (including electronic material) will be allowed.

Nature of Task: Compulsory and not redeemable.

Weighting: 50%

Due date: Thursday 20 February 2020. Students will be notified of the exact time and location of the exam once the examinations schedule has been confirmed.

Duration: 2 hours writing and 30 minutes of reading time.

Estimated return date: 20 March 2020. The feedback on key principles and provisions should be applied, where appropriate, to the law reform submission task.

Assessment Criteria:

• Identification of legal issues raised by the question
• Identification of relevant legal principles to address the legal issues raised
• Accuracy of the explanation of the relevant legal rules 
• Consistent and accurate citation of the relevant legal rules (full citations not required)
• Application of legal principles to facts, including appropriate depth taking into account whether the issue is contentious or not 
• Legal analysis is persuasive and clearly supports the conclusions reached
• Coherence- written expression
• Coherence – structure
• Time management - coverage of issues

Assessment Task 4

Research Task - Law Reform Written Submission

Details of Task: This is an individual task. You will be asked to write a 2, 000 word submission to a hypothetical parliamentary inquiry addressing one of a number of 'terms of reference' that will be given to you. You will be expected to go beyond the required and recommended readings in this course, read about your topic in considerable depth, and synthesize this information into an argument for Law Reform in an area of Family Law.

Nature of Task: Compulsory and non-redeemable.

Weighting: 50%

Word limit: 2,000 words.

Release: At the beginning of the course.

Due date: Monday 13 April 12 noon via the course wattle site. Late submissions without an extension will be accepted, although a late penalty will apply.

Estimated return date: 27 May 2020 via the course wattle site.

Assessment Criteria:

The task will be assessed based on the following criteria:

• Clear identification of the problem/ issue that the submission addresses, with links clearly made to a 'term of reference'
• The submission draws on a range of appropriate primary (cases, legislation) and secondary academic (journal articles, books, studies) material which MUST go beyond the material covered in the course. Citing other parliamentary inquiry submissions in support of facts claimed will not be sufficient.
• The legal content (primary and secondary materials) is relevant, accurate and clearly explained in appropriate depth for the claims made
• Recommendation/s for law reform are clear and well supported by the argument made in the submission
• Research/ Evidence used is relevant and credible, not mere opinion or assertion
• Appropriately structured and logical presentation, tailored to suit the format of a parliamentary inquiry
• Expression that is clear and appropriate throughout the submission
• Appropriate use of academic conventions

Assessment Task 5

Reflection

Details of Task: Students may submit a reflection on an experience that occurred during the course. Please be aware that there are different types of reflection tasks, and just because you have done one in another course, this one is very likely different. It is critical in learning any area of law and in legal practice to be aware of your emotions and your values, but particularly in family law. Do not be fooled into thinking that this assessment task is 'easy marks'.

This is not a 'dear diary' exercise, and merely describing an event will not be sufficient to achieve a pass mark for this task. More details, a template and some examples will be provided to the class to assist those interested in submitting this assessment piece. The first workshop will also allow students to have a practice attempt at a reflection task. Participation in this first workshop is strongly recommended for anyone who is thinking of submitting this assessment task.

Nature of Task: Optional. If students choose to submit this task, then the weighting for the exam will be reduced to 40%.

Weighting: 10%

Word limit: 650 words

Release: Available from the beginning of the course.

Due date: Monday 27 April 2020 at 12 noon via wattle dropbox (ie NOT turnitin). Late submissions without an extension will be accepted, although a late penalty will apply.

Estimated return date: 3 June 2020 via course wattle site.

Assessment Criteria:

• Appropriate example/ illustration is chosen for the reflection (well focused and narrowed) to highlight the role that one's own values influenced learning in the course. (Appropriate examples might include; reflecting one part of feedback given to you in class, or on issues raised during a visit to the Family Court if you attended one).
• A description of your emotional response to a particular event and an explanation of how the emotion reveals something about your values
• Ability to describe the event from different perspectives and possibilities, and how this might reflect different or values
• Demonstrates personal insight and responsibility for learning and growth arising from awareness of self and others around an event (analysis)
• Clarity of expression (style)

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.

The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Returning Assignments

The quiz will be available through the wattle site. Feedback on the exams can be collected from the services office once they have been marked, but will only be available for 3 months from the date of return. Feedback on the group law reform research task, and the reflection (if undertaken) will be available through the course wattle site.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students