master of applied law (family law)

Transcription

1 master of applied law (family law) FAMILY LAW

2 has offered the Graduate Diploma of Legal Practice for over 30 years and has drawn on this practical education experience and online expertise to develop a suite of practicebased postgraduate programs in applied law. This suite now comprises Master of Applied Law Programs in: > Commercial Litigation > Family Law > In-house Practice > Wills & Estates The Applied Law Programs focus on developing technical and practical proficiency through innovative problem-based learning. They are designed on the basis of learning by doing the application of legal skills to realistic tasks and scenarios that practitioners encounter in practice. The Programs facilitate flexibility and easy access with online delivery, supported by regular communication with lecturers and mentoring by practitioners from the relevant areas of legal practice. Neville Carter CEO and Principal, Master of Applied Law (Family Law) The family law program is ideal for practitioners who work in this area or who want to move their practice into this area. It focuses on the practical realities of family law practice, helping practitioners understand this complex area of law while building the skills necessary to advise and represent clients. It is delivered primarily online via the College s Learning Portal, offering a high degree of flexibility for busy practitioners. To graduate with the Master of Applied Law (Family Law) degree you must complete a total of seven subjects. You can choose to exit the degree at an earlier stage after the completion of four subjects and be awarded a Graduate Diploma of Applied Law (Family Law). Should I enrol? You should consider enrolling if you: > already practise in the area of family law and want to expand your skills and knowledge in order to build your practice > wish to move into a more senior role within family law practice, or > already practise in another area of law and want to make the move into family law practice To enrol, you must hold a law degree or equivalent qualification (LLB, JD or Diploma of Law). If you do not satisfy this criteria, or you do not want to enrol in an award program, you can enrol in a single subject only. If you have undertaken a Practical Legal Training course or other post-graduate study within the last ten years, or are a Family Law Accredited Specialist, you will be able to receive credit for your prior learning. A maximum of three subjects credit will be granted. Contact us to discuss your eligibility at alp@collaw.edu.au or call How will the Program benefit me? By undertaking this Program, you will gain: > an accredited higher education qualification, at masters or graduate diploma level, giving you a competitive career edge > a specialised qualification that focuses on family law practice which can be used as a stepping stone to more senior roles or as a pathway to becoming a family law accredited specialist > the expertise needed to become a highly regarded member of your firm s family law practice group and a highly regarded family law practitioner in your own right > practical knowledge and skills that you can readily apply in your day-to-day practice, such as analysis, problemsolving and strategy formulation skills which will enable you to advise your clients on the most appropriate actions to achieve the best outcome for them, and > access to the College s online library, including specific family law subscription services from CCH, LexisNexis and Thomson Reuters. Why should I choose this Program over another Masters? The Master of Applied Law (Family Law) is different from traditional LLMs and other postgraduate awards in a number of ways: > the Program is undertaken online with a one day face-to-face workshop, meaning you can study when and where you like > it has been written by practitioners, for practitioners and is highly relevant and immediately applicable to your day-today work > the curriculum was developed and is overseen by a Course Advisory Committee which includes judges, federal magistrates, barristers and highly regarded family law practitioners > the Program is taught by experienced practitioners who facilitate your learning online, provide individual feedback on practical activities, lead workshops and webinars, and > you can connect with a cohort of family law practitioners, enabling you to build your professional network. Graduates of the Master of Applied Law (Family Law) receive advanced standing into accredited specialisation schemes in NSW and Victoria. When can I start? There are two semesters each year, commencing in March (Semester 1) and August (Semester 2). Each semester runs for 15 weeks, including the exam fortnight. You can start your Program in either semester - your choice. Semester March - 14 June 2013 Census date: 27 March 2013 Exam Fortnight: 3-14 June 2013 Semester August - 15 November 2013 Census date: 27 August 2013 Exam Fortnight: 4-15 November 2013 Do I need to attend the College? The Program is primarily delivered online. Face-to-face interactive activities may include webinars (web-based seminars) or workshops which may be held in Sydney, Melbourne, Brisbane and Perth. The College has modern, centrally located CBD campuses in each of these cities. The 2013 workshops are proposed to be held on the following dates: Semester Sydney: 29 April (week of) Melbourne: 29 April (week of) Brisbane: 29 April (week of) Perth: 15 April (week of) Semester Sydney: 16 September (week of) Melbourne: 9 September (week of) Brisbane: 9 September (week of) Perth: 16 September (week of) # All workshops for all subjects in all states are dependent on a minimum number of students attending. If you enrol in a subject which has a participatory assessment or written exam, you may need to attend the College in the exam fortnight to complete that assessment. How long does it take to complete the Masters? To receive a Master of Applied Law (Family Law) you need to complete seven subjects less if you receive credit for any prior learning. You may exit early with a Graduate Diploma by completing four subjects. How long it takes you to finish depends on how many subjects you complete each semester. You can choose to enrol either in one or two subjects per semester. It is advisable that students in full-time practice think carefully about enrolling in more than two subjects. If you complete two subjects per semester you can finish the Masters within two years. However, if you do have more time available to study you can also complete your degree at a faster pace. What if I don t want to study a full masters? You can choose to enrol at either Graduate Diploma or Masters level. If you enrol in the Master degree and decide that you do not want to complete the full qualification, you may apply to exit with a Graduate Diploma once the course requirements for that award have been completed. If you enrol in a Graduate Diploma and decide that you would like to continue onto the Masters qualification, you will receive full credit for the Graduate Diploma subjects you have already completed. Can I receive credit for any prior study? The College s Credit for Prior Learning Policy encourages practitioners who have completed previous postgraduate and other recognised study to apply for credit towards a Masters qualification. A maximum of three subjects credit may be claimed. If you have undertaken a Graduate Diploma of Legal Practice, or equivalent, within the last ten years you may apply to receive up to two elective subjects of unspecified credit. Family Law Accredited Specialists who enrol in the Master of Applied Law (Family Law) receive advanced standing of two core subjects. If you have undertaken other postgraduate study, such as an LLM or Graduate Diploma of Law, whether you have completed the award or not, you may be eligible to receive credit for that study. To apply for advanced standing please include relevant academic transcripts for which you seek credit with your application. How many hours per week do I need to set aside for study? For each subject you should allow a minimum of six hours study per week for the online materials and participation in online learning activities. In addition, students will be expected to devote further time to assessment tasks and exam preparation. Can I claim CLE/CPD points? You may be entitled to claim up to 15 units per subject for your CLE/CPD requirements. This takes into account the six hours per week recommended study time, plus a oneday workshop. However, you may still need to complete some mandatory CLE/CPD. You should check the requirements in your state with your local law society. The information provided in this handbook was correct at the time of printing November Please check our website at www. for the most up-to-date information. 3

3 Subject requirements The required core subjects and elective subjects for each level of award are set out below: Graduate Diploma of Applied Law (family law) The following 3 subjects: 5 FLP1Children, Parental Responsibility & Divorce FLP2Property, Maintenance & Child Support FLP3Conducting Family Law Matters plus a choice of 1 of the following subjects: FLP11 Advanced Issues in Learning with the experts in the field The Program has been developed and is overseen by the Course Advisory Committee, which includes: > The Honourable Ann Ainslie-Wallace, > The Honourable Justice Peter Rose QC, barrister and mediator, former judge, > The Honourable Justice Stephen Thackray, Chief Judge, Family Court of Western Australia > The Honourable Justice Peter Murphy, > Federal Magistrate Kate Hughes, Federal Magistrates Court of Australia > Deborah Awyzio, DA Family Lawyers > Justin Dowd, Watts McCray > Ray James, Lecturer, > Rick O Brien, O Sullivan Davies Lawyers > Ian Serisier, Barrister The College engages as lecturers legal practitioners who combine substantial experience in family law practice with the teaching skills needed to support the learning of our students. In addition, we invite judges and eminent family law practitioners to present during our workshops. Our family law faculty includes: > The Honourable Justice Peter Rose QC, barrister and mediator, former judge, > Federal Magistrate Kate Hughes, Federal Magistrates Court of Australia > Ray James, Lecturer, > Mark Youssef, Senior Lawyer, Armstrong Legal > Andrea Cotter-Moroz, Barrister, 8 Garfield Barwick Chambers > Ian Serisier, Barrister > Graham Quinlivan, Member, Queensland Civil and Administrative Tribunal > Mark Calverley, Partner, Calverley Johnston > Stacey Taylor, Lawyer, Mason Seir Turnball > Susan Hamilton-Green, Mediator > Danielle Jaku-Greenfield, Sydney Mediation Partnership What learning resources are available to me? The online program is designed to give you the flexibility of study anywhere, anytime via a computer with internet access. Through the College s Learning Portal you will have access to: A Student Resource Centre that provides technical support for a range of computer platforms, access to lecturers, administration and student services always have someone to call on if needed An online timetable that sets out the Program requirements and work to be completed each week of the semester we will keep you on track The College s extensive online library resources, including family law and other legal databases, such as LexisNexis and CCH additional readings at your fingertips Course information, materials, readings and interactive online learning resources relevant to each subject no need to look elsewhere Tools for managing submission of coursework, monitoring workload and results you stay in control of your studies, and Tools for communication with lecturers and other students, such as , podcasts, webcasts, webinars and online discussion forums form a network of fellow practitioners from around Australia by connecting online. FLP12 Advanced Issues in Property, Maintenance & Child Support Master of Applied Law (family law) The following 4 subjects: FLP1Children, Parental Responsibility & Divorce FLP2Property, Maintenance & Child Support FLP3Conducting Family Law Matters FLP11 Advanced Issues in OR FLP12 Advanced Issues in Property, Maintenance & Child Support plus a choice of 3 of the following subjects: FLP11 FLP12 FLP13 FLP14 FLP15 FLP16 Advanced Issues in (if not already chosen above) Advanced Issues in Property, Maintenance and Child Support (if not already chosen above) Development & Management of a Family Law Practice Family Dispute Resolution Advocacy in Family Law Major Project* * The Major Project is an opportunity to undertake research in an area of family law. Subject outlines Subjects are continually reviewed by our expert advisory committee and lecturers, and updated to ensure they reflect current law and practice. FLP1 Children, Parental Responsibility & Divorce This subject covers aspects of family law concerned with people, rather than property or financial matters. It covers the law and practice concerning various aspects of parenting after separation and the law of divorce. > parenting after separation > an introduction to the factors that must be considered when assessing the best interests of a child > an awareness of the social science research on those things that benefit and harm children in relation to postseparation parenting arrangements > child abuse and family violence > relocation and child abduction > variation and enforcement of parenting orders > an introduction to ethical issues in children s matters > assessing eligibility for divorce Assessment: drafting letter of advice, memo and take-home exam. FLP2 Property, Maintenance & Child Support This subject deals with property and financial matters such as spousal maintenance, child support and superannuation splitting. It covers matters relating to those issues that family law practitioners would expect to encounter in every day practice. > conducting the four-steps of analysis in section 79 matters > an overview of the ways of finalising a property settlement agreement, including drafting the various documents > taxation issues in property agreements and orders > superannuation splitting > an introduction to child support > spousal maintenance > ethics in family property law matters Assessment: preparing schedule of assets and liabilities, conciliation documents and take-home exam. You may enrol in single subjects on a non-award basis. Assessment is optional, but if you later choose to proceed to an award qualification, you will need to complete the relevant assessment. The information provided in this Handbook was correct at the time of printing - August Please check our website at for the most up-to-date information. 5

4 Subject outlines (continued) FLP3 Conducting Family Law Matters Family law clients are often emotionally distressed and many may be consulting a lawyer for the first time. This subject covers how to conduct successful first conferences and how to assess the advantages and disadvantages of a range of dispute resolution methods. It also equips students with the analysis skills required to determine the most appropriate course of action for the client whether it be commencing proceedings, seeking interim orders or applying for final orders. > considerations to be taken into account in determining whether to initiate proceedings > factors impacting on the drafting of interim applications > determining when interlocutory proceedings are appropriate > drafting enforceable final orders > preparing and presenting a final hearing > ethical issues > child support > conducting a first interview Assessment: drafting interim orders, conducting a client interview, drafting final orders and affidavits in support. FLP11 Advanced Issues in This subject provides a practical and in-depth study of complex and emerging issues on the validity of marriage, nullity, determining parenthood, parenting after separation and child protection. > Division 12A proceedings > the definition of parent and assisted reproduction > assisted reproduction, DNA testing and determining paternity > the role of, and orders relating to, grandparents & other relatives in family law disputes > orders in regard to specific issues, eg. education, religious upbringing, children s surnames > international child abduction Hague Convention > expert evidence in children s matters > State child protection proceedings Assessment: drafting letter of advice, memo and take-home exam. FLP12 Advanced Issues in Property, Maintenance & Child Support This advanced subject examines in-depth issues in complex property and financial matters, one of the most complex areas of family law practice. > trusts, private companies and partnership interests > power to bind third parties > competing claims, creditors and bankruptcy > setting aside orders and agreements > cross border issues in family property law > property disputes & de facto relationships/ big money property cases > common issues in complex cases > spousal maintenance > financial agreements > child support agreements > succession and family provision claims Assessment: drafting letter of advice, binding financial agreement and take-home exam. FLP13 Development & Management of a Family Law Practice Establishing a legal practice and managing that practice for growth can be difficult. Practitioners need to manage not only the business aspects of their practice but also balance the particular pressures facing many family law clients. This subject equips students with various methodologies to effectively develop and manage a family law practice, including business planning. > strategic management and business planning > financial management - pricing, costs, budgets and productivity > people management - clients, staff and self > systems and risk management Assessment: SWOT analysis, leveraging activity, client engagement letter and business plan. FLP14 Family Dispute Resolution To provide clients with effective advice a family law practitioner must have knowledge of the various dispute resolution options and be able to assess their appropriateness to their client s circumstances. This subject exposes students to the full spectrum of dispute resolution options, including how parties can resolve their disputes themselves with the assistance of a third party. > less adversarial initiatives > negotiation > mediation > collaborative law > conciliation and arbitration > communication skills > issues of power and culture Assessment: draft position, interests and agenda for mediation, power imbalance activity and take-home exam. FAMILY LAW The information provided in this Handbook was correct at the time of printing - August Please check our website at for the most up-to-date information. FLP15 Advocacy in Family Law This subject focuses on developing and/or refreshing advocacy skills used in the Family Court and the Federal Magistrates Court. A key component of this subject will be the opportunity to engage in advocacy exercises during intensive workshop sessions. > preparing a case for trial > rules of evidence in family law matters > oral evidence in chief > cross-examination > oral and written submissions > reviews, stays and the slip rule > appellate advocacy > presenting an interlocutory application Assessment: draft case outline, crossexamination activity, draft written submissions and make oral submissions. FLP16 Major Project This subject provides the opportunity to undertake research in an area of family law with a view to presenting the findings in the form of an article of publishable quality. The project requires the conduct of research and analysis of a particular area of substantive or procedural family law. Participants will then work under the supervision of a lecturer to write their paper, and may have input from an external supervisor, who may be a practitioner or academic in the area of interest. The final paper is to be 10,000-12,000 words. Assessment: research proposal and final paper. 7

5 Application and Enrolment Semester start date Semester 1: 4 March 2013 (Census Date: 27 March 2013) Semester 2: 5 August 2013 (Census Date: 27 August 2013) Enrolment date Applications should be received by the Monday before the semester starts. Late applications can be accepted but there may be a short delay providing access to the learning portal. Applications and enrolments To be admitted to any award in the Applied Law Program, please complete the enclosed Application and Enrolment Form and send it to the College with your payment. If you wish to be admitted to an award, please provide, as documentary evidence of your law degree and admission to practice, certified copies of: > your academic transcript or graduation certificate (LLB, JD or Diploma in Law) > specialist accreditation certificate, Graduate Diploma of Legal Practice or other postgraduate qualification or academic transcript, if applying for credit or advanced standing, and > proof of name change (if applicable) If you are enrolling in a single subject on a non-award basis, you are not required to submit this documentary evidence. Subject fees The 2013 subject fee is: $2,475 (GST exempt) The College s fees are reviewed annually and may be varied during your period of study. Payment options Fees must be paid in full for all subjects at the time of enrolment each semester. Payment may be made by cheque, EFT or credit card. Australian citizens and holders of permanent humanitarian visas may elect to defer their tuition fee payment through the Commonwealth Government s FEE-HELP scheme. If you elect to pay with FEE-HELP, you must include a completed Request for FEE-HELP Assistance Form with your completed Application and Enrolment Form. The FEE-HELP information booklet and form are available from the Applied Law Programs Courses Administrator on or alp@collaw.edu.au FEE-HELP is not available if you are studying a single subject on a non-award basis. For further details, please visit Withdrawals, deferrals and refunds If you enrol and become aware of circumstance which will prevent you from completing the semester, you may withdraw before the Census Date. The Census Dates in 2013 are: Semester 1: 27 March 2013 Semester 2: 27 August 2013 Notice of withdrawal in writing must be received by the College on or prior to the Census Date. Refunds will not be made after the Census Date, other than in exceptional circumstances and at the College s discretion. Where a refund is made a $200 administration charge per subject will apply. If you have applied for FEE-HELP assistance, you may withdraw from the Program on or prior to the Census Date without incurring a Commonwealth debt. The College will charge an administration fee of $200 per subject. After the Census Date, you become liable to repay the tuition fee via the tax system. (See the FEE-HELP information booklet or visit If you do not withdraw before the Census Date, you may apply to defer your studies, meaning that you will complete your studies in another semester. You will not receive a refund and if you have applied for FEE-Help assistance, you will incur a Commonwealth debt in the semester in which you originally enrol. However, you will not be required to pay an enrolment fee again when you return to study. If the subject fee has increased, you will need to pay the difference. Applications to defer must be received within two weeks of the Census Date. Further questions If you have any further questions, please contact: Applied Law Programs Phone: alp@collaw.edu.au How to enrol Please send your completed Application and Enrolment Form and accompanying documentation to: Applied Law Programs Courses Administrator Level 16, 111 Elizabeth Street Sydney NSW 2000 or DX 838 Sydney Fax: applied law programs 2013 family law Application for Enrolment Form Please fill in all sections of this form using CAPITAL letters and in blue or black ink. PART A - Personal Details Title & First Name: Preferred First Name (if different): Middle Name: Surname: Firm/Organisation: Work Address Street: Suburb/Town: State: Postcode: Country: Personal Address Street: Suburb/Town: State: Postcode: Country: Preferred Mailing Address Work Personal Date of Birth: / / (DD/MM/YYYY) Gender: Male Female Home Telephone: Mobile: Work: Fax: PART B - Personal Details (Information for Government Reporting) QUESTION YES NO Q1 In which country were you born? Q2 If you were not born in Australia, in which year did you first arrive in Australia? Q3 Are you of Aboriginal or Torres Strait Islander descent? Neither Aboriginal nor Torres Strait Islander origin Of Aboriginal origin Of Aboriginal origin and Torres Strait Islander origin Of Torres Strait Islander origin Q4 Which of the following applies to you? Australian citizen (inc. Australians with dual citizenship). New Zealand citizen (attach documentary evidence). Not Australian citizen (attach documentary evidence). Q5 What language, other than English, is spoken at your permanent home residence? Q6A Do you have a disability, impairment, or long term medical condition which may affect your studies? Q6B If yes, please indicate which of the following apply. Hearing Learning Mobility Vision Medical Other (please specify) Q6C If yes, would you like advice on support services and facilities which may assist you? Q7 What is the highest educational qualification you have obtained? Please provide details: Name of institution: Degree/Diploma: Date of completion # : CHESSN* (if issued): University Student No: # last exam/assessment date *Commonwealth Higher Education Student Support Number Q8 Where did you undertake your law degree or diploma in law (if different from Q7)? Name of institution: Degree/Diploma: Date of completion # : CHESSN* (if issued): University Student No: Q9 In which jurisdiction(s) and year(s) were you admitted to practice? Year: Jurisdiction: Year: Jurisdiction: The information provided in this Handbook was correct at the time of printing - August Please check our website at for the most up-to-date information.

6 2013 family law Application for Enrolment Form PART C - Course Details I am applying for admission to the following award: Master of Applied Law (Family Law) Graduate Diploma of Applied Law (Family Law) I am applying for non-award single subject enrolment only ** ** single subjects Electing to enrol in individual subjects does not preclude you from applying for entry to an award in the future. When accepted into the award program, any single subjects you have successfully completed will be credited toward the award. Please tick the applicable boxes: code subject SEMESTER 1 (2013) SEMESTER 2 (2013) FLP1 Children, Parental Responsibility & Divorce FLP2 Property, Maintenance & Child Support FLP3 Conducting Family Law Matters FLP11 Advanced Issues in FLP12 Advanced Issues in Property, Maintenance & Child Support FLP13 Development & Management of a Family Law Practice FLP14 Family Dispute Resolution FLP15 Advocacy in Family Law FLP16 Major Project In addition to sharpening my professional skills, the masters program has been an important marketing point of difference for my business. PART D - Accompanying Documentation Required with Application I have enclosed certified copy of: Official academic transcript or graduation certificate (LLB, JD DipLaw); and Specialist accreditation certificate, Graduate Diploma of Legal Practice or any other post-graduate transcript or qualification, if applying for advanced standing; and Proof of name change (if applicable) Please tick the applicable boxes: Peter Hooper Hooper Family Lawyers, 2010 College Graduate PART E - Conditions of Enrolment By signing this Application Form you declare that all information provided by you in relation to this application is true and correct and: > Undertake to familiarise yourself and comply with the Applied Law Program Manual located at > Acknowledge that you have read the 2013 Master of Applied Law (Family Law) Handbook and the Applied Law Program Manual and agree that you are enrolling subject only to the terms and conditions contained therein. > Acknowledge the Withdrawal, Deferral and Transfer Fee Policies in the Program Manual, including the incidental administrative penalties for withdrawal. > Authorise the College of Law to obtain relevant information from the institution where you obtained your law degree if required. > Undertake to advise if you change your address or contact details. > Acknowledge the College of Law s reporting responsibilities under the Education Services for Overseas Students Act 2000 and Higher Education Support Act > Recognise that will require certification indicating English proficiency for overseas students. > Authorise the College of Law, under the Privacy Act 1988, to utilise and disclose personal details for official use only which may include research on behalf of The College of Law. > Undertake to receive notices and correspondence including Commonwealth Assistance Notices electronically. Signature: Date / / Payment details - The tuition fee for each subject is $2,475 (GST exempt) I wish to pay by: FEE-HELP Original FEE-HELP Assistance Form enclosed. Cheque Made out to Visa Mastercard Card Number Cardholder s Name Expiry Date / CCV Code: Amount to be charged to card: $ Signature Electronic Fund Transfer (EFT) See for bank account details or call Limited ABN ISBN: Return forms to: Applied Law Programs Administrator, Level 16, St James Centre, 111 Elizabeth St, Sydney, NSW 2000 or DX 838 Sydney Payment Summary: FEE-HELP $ Direct Payment $ Total $

7 We welcome your enquiries Call the Applied Law Programs on Visit www. or scan the code below to access the website from your phone Follow us on Limited ABN ISBN: