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 is also 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.

Required Resources

A list of readings will be provided.

The recommended textbook is Lisa Young et al, Family Law in Australia (10th edition, Lexis Nexis, 2021), however, the law on children has changed significantly since its last publication.

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

Recommended Resources

Readings will be made available through Leganto two weeks prior to the course commencement date.

Staff Feedback

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

• written comments
• verbal comments

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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length: https://law.anu.edu.au/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/grading

Assessment Reviews and Appeals: https://law.anu.edu.au/assessment-review-and-appeals

Further information about the course: is available from the course Wattle page. Students are required to access the Wattle site regularly throughout the course for any announcements relating to the course.

Artificial Intelligence (AI)

The ANU Academic Integrity website (https://www.anu.edu.au/students/academic-skills/academic-integrity ) provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide (https://libguides.anu.edu.au/generative-ai ) is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site (https://www.anu.edu.au/students/academic-skills ) provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law Academic Integrity and Misconduct site (https://law.anu.edu.au/academic-integrity-and-misconduct ) provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Course IntroductionKey ThemesIntroduction to Family Law in Australia	In line with the University’s recording policy, lectures will be recorded and made available for students on Echo360.However, lecture recordings are only an additional resource and they should not be taken as a substitute for regular attendance. If a recording does fail, there is no guarantee a replacement recording will be provided.
2	ADR and Family Court/sFamily Violence
3	Marriage + DivorceDe facto relationships + separationOther relationship recognition	Optional Quiz
4	Children and Australian Family LawChildren and parenting orders
5	Bests Interests and s 60CC factors
6	Section 60CC factors continuedSelected Issues in Children's Proceedings
7	Property orders - preliminary issuesProperty= 'just and equitable'?	Problem and advice: Children's matter
8	Property - alteration of financial interests
9	Child Support
10	Mediation role play (online)
11	Selected Issues in Property	Mediation Assignment
12	Problem solving in family law - Revision

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Optional Quiz	0 %	19/08/2024	22/08/2024	1,3
Advice on a children's dispute	25 %	02/09/2024	18/09/2024	1, 2
Mediation Assignment	40 %	14/10/2024	*	1,2, 3, 4, 5, 6, 7
Fact Scenario and Advice	35 %	31/10/2024	*	1, 2, 3

* 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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

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 Academic Skills 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

In line with the University’s recording policy, lectures, seminars and lectorials will be recorded and made available for students on Echo360. However, lecture recordings are only an additional resource and they should not be taken as a substitute for regular attendance. If a recording does fail, there is no guarantee a replacement recording will be provided.

Examination(s)

There is no final examination for this course.

Assessment Task 1

Optional Quiz

Details of Task: You may complete an optional quiz to assist in revising the material presented in weeks 1-3 (inclusive) of the course. The short quiz will be a mix of multiple choice, short answer and scenario based questions. The quiz can only be accessed between the release time and the due time, however, once opened you must complete the quiz within 60 minutes and you must submit before the due time. You may not navigate backwards through the quiz. You may only attempt the quiz once.

Nature of Task: Optional. There is no consequence for not completing the quiz. However it is an opportunity for early feedback on your learning in the course.

Weighting: 0%

Release: 6pm, Friday 16 August 2024 Week 3 via the course Wattle page

Due date: 4pm, Monday 19 August 2024 Week 4 via the course Wattle page. Due to the nature of the task, late submission or extension is not permitted. As this task is open for more than 24 hours, no time adjustments shall be applied for this task.

Duration: 60 mins

Estimated return date: Thursday 22 August 2024 (during class) (week 5)

Criteria:

1. Accurate understanding of relevant legal issues
2. Accurate understanding of relevant law
3. Explanation of relevant law
4. Persuasive application of relevant law to facts

Assessment Task 2

Advice on a children's dispute

Details of Task: You will be provided with both a scenario and a fictional advice about a children's dispute. Identify to what extent the advice is correct or incorrect. Rewrite the advice so that it is correct and uses the current provisions and law. You can also correct the expression to improve the answer.

Nature of Task: Compulsory. Failure to submit this task will result in a 0 for this task.

Weighting: 25%

Release: 4pm, Friday 30 August 2024 (Week 6).

Due date: 5pm, Monday 2 September 2024. Late submissions (without an extension) are permitted, but late penalties will apply.

Word limit: 1,000 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Estimated return date: 18 September 2024.

Assessment Criteria:

1. Accurate understanding of current law
2. Demonstrated understanding of correct application of law to facts
3. Persuasive legal reasoning
4. Clarity of expression
5. Appropriate referencing

Assessment Task 3

Mediation Assignment

Details of Task: Students will observe a (pre-recorded) family law mediation. After watching the mediation, you will need to complete a worksheet. In addition to questions relating the applicable law and legal reform, the worksheet will ask questions that will require you to complete some research on ADR.

Nature of Task: Compulsory. Failure to submit this task will result in a 0 for this task.

Weighting: 40%

Release: 4pm, Monday 7 October (Week 10).

Due date: 5pm, Monday 14 October (Week 11). Late submissions (without an extension) are permitted, but late penalties will apply.

Word limit: 2,000 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Estimated return date: Official end of semester release date.

Assessment criteria:

1. Accurate understanding of current law used and its application to the dispute
2. Appreciation of the wider context within which family law disputes arise
3. Clarity of expression
4. Research (including referencing)
5. Identification and evaluation of mediation strategies

Assessment Task 4

Fact Scenario and Advice

Details of Task: There are two parts to the task.

Part A: You will create an original family law fact scenario that involves covers both property and children matters. You must write the scenario so that it raises only 2 contentious issues in both property and children matters, and no more. The issues must be contentious in terms of their factual application.

Part B: You will provide advice to one party in your scenario which addresses the issues raised on those facts. However, it must address all issues raised in the scenario correctly and persuasively. You must reference only the FLA, or cases discussed during the course lectures.

Nature of Task: Compulsory. Failure to submit this task will result in a 0 for this task.

Weighting: 35%

Due date: 5pm, Thursday 31 October 2024. Late submissions (without an extension) are permitted, but late penalties will apply. Please be mindful that if you are in your final semester, late submissions will have an impact on your eligibility to graduate on time.

Word limit: 2,000 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Estimated return date: Official end of semester release date.

Assessment criteria:

1. The depth of advice reflects the contentiousness of the issues - appropriate use of words
2. Two contentious issues addressed in relation to parenting orders (and no more)
3. Two contentious issues addressed in relation to property orders (and no more)
4. Advice raises appropriate provisions of the FLA and only references cases discussed in the course
5. Clarity of expression

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

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. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

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 test or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been given an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary.

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.

Resubmission of Assignments

Resubmission is not guaranteed. Please ensure that you have reviewed your submission carefully before you submit.

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 Accessibility 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 supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students