Course outline Code: LGL202 Title: Family Law: Legal Frameworks and Issues Faculty of: Arts and Business School of: Communication and Creative Industries Teaching Session: Semester 1 Year: 2015 Course Coordinator: Ms Alicia Thomas Email: athomas@usc.edu.au 1. What is this course about? 1.1 Course description Family Law: Legal Frameworks and Issues explores the legal regulation of marriage, divorce, and common law marriage. The course considers relevant legislation as to the nature of the family and requirements for the optimal care of children in the event of family breakdown. Issues such as parent s rights, same-sex relationships, indigenous concerns, and implications of artificial conception are canvassed. Concepts of parenting and parental responsibilities, children s rights and the property issues relating to separation and divorce are also investigated. Particular problems of child abuse and domestic violence are also examined. 1.2 Course content The changing face of families in the late 20th Century and early 21st Century The Family Law Act 1975 (Cth) and the Australian Constitution Marriage and marriage breakdown Children, parental responsibilities and child custody issues De-facto relationships Domestic violence 2. Unit value 12 units
Page 2 3. How does this course contribute to my learning? Specific Learning Outcomes Assessment Tasks Graduate Qualities On successful completion of this course you should be able to: Demonstrate research, critical analysis skills, and argument development in essay papers. Apply scholarly writing, research and reference practice in the field of Family Law. Understand and explain significant contemporary ideas in family law contexts including marriage, divorce, separation issues and matters regarding children. You will be assessed on the learning outcome in task/s: Completing these tasks successfully will contribute to you becoming: 1 and 2 Creative and critical thinkers. Knowledgeable. 1 and 2 Empowered. 1, 2 and 3 Knowledgeable. 4. Am I eligible to enrol in this course? Refer to the Coursework Programs and Awards - Academic Policy for definitions of pre-requisites, corequisites and anti-requisites 4.1 Enrolment restrictions Nil 4.2 Pre-requisites JST101 and (JST102 or CRM101) or enrolled in AR605 or AR505 4.3 Co-requisites Nil 4.4 Anti-requisites LAW305 4.5 Specific assumed prior knowledge and skills Some knowledge of the Australian legal system and court system required (has been provided by prerequisites.) 5. How am I going to be assessed? 5.1 Grading scale Standard High Distinction (HD), Distinction (DN), Credit (CR), Pass (PS), Fail (FL)
Page 3 5.2 Assessment tasks Task Assessment Tasks No. 1 Minor Assignment (Essay) 2 Major Assignment (Essay) 3 Final Examination (Open book prescribed textbook only) Individual or Group Weighting % What is the duration / length? When should I submit? Where should I submit it? Individual 20% 1,000 Week 5 Hardcopy submitted to FAB Assignment box Individual 40% 2,000 Week 10 Hardcopy submitted to FAB Assignment box Individual 40% 2 hours Central examination period 100% In exam venue Assessment Task 1: Minor Assignment (Essay) Goal: Through presenting a consistent argument in your minor essay, you will develop and demonstrate your research, analytical and communication skills. Product: Essay paper Format: An essay topic will be provided no later than Week One of the teaching period, presented in lectures and tutorials, and posted onto. The task is designed to encourage you to demonstrate sound research skills. Criteria The essay will be evaluated according to the following criteria: 1. Demonstration of knowledge: A systematic presentation of relevant knowledge addressing the nature and scope of the question posed. 2. Demonstration of understanding: A logical application and evaluation of relevant knowledge to the assignment question. 3. Demonstration of academic research skills: Evidence of sound research and accurate and appropriate referencing of sources. 4. Demonstration of academic writing skills: Appropriate and effective structuring of arguments, clarity of expression and correct use of grammar, punctuation and spelling. Generic skill assessed Skill assessment level Communication Problem solving Assessment Task 2: Major Assignment (Essay) Goal: Product: Format: Criteria Through presenting a consistent argument in your major essay, you will develop and demonstrate your research, analytical and communication skills. Essay Paper An essay topic is to be provided no later than Week One of the teaching period, presented in lectures and tutorials, and posted onto. The task is designed to encourage you to demonstrate sound research skills. The essay will be evaluated according to the following criteria:
Page 4 1. Demonstration of knowledge: A systematic presentation of relevant knowledge addressing the nature and scope of the question posed. 2. Demonstration of understanding: A logical application and evaluation of relevant knowledge to the assignment question. 3. Demonstration of academic research skills: Evidence of sound research and accurate and appropriate referencing of sources. 4. Demonstration of academic writing skills: Appropriate and effective structuring of arguments, clarity of expression and correct use of grammar, punctuation and spelling. Generic skill assessed Skill assessment level Communication Problem solving Assessment Task 3: Final Examination (Open book prescribed textbook only) Goal: You will demonstrate your understanding and knowledge of the complexities of issues in Family Law and its legal framework. Product: Examination Format: A centrally scheduled final examination will be held for this course. Questions may be drawn from any area of family law and related issues covered in the course and will be designed to allow you to demonstrate your understanding of the complexities of family law and related issues. The final examination will be two hours in duration, with 10 minutes perusal (2 hours and 10 minutes in total). The examination is open book Harland, A, Cooper, D, Rathus, Z and Alexander, R (2011) Family Law Principles Lawbook Co, Thomson Reuters, Sydney., textbook only- no handwriting in the textbook permitted) and will consist of a number of problem (case study) questions, short answers questions and some multiple choice. More details on the final examination will be provided in lectures and tutorials, particularly the revision lectures and tutorials. Criteria Assessment of performance in the final examination will be made according to each student s: 1. Demonstration of knowledge of family law and related issues, as evidenced by accurate recognition/statement of relevant principles. 2. Demonstration of understanding of the principles of family law and related issues, application of principles to the fact situations as stated and/or discussion of relevant topics. 3. Demonstration of requisite academic communication skills, as evidenced by logical structure of arguments, appropriateness of conclusions, and use of accurate and appropriate expression. Generic skill assessed Skill assessment level Problem solving Communication 5.3 Additional assessment requirements SafeAssign In order to minimise incidents of plagiarism and collusion, this course may require that some of its assessment tasks are submitted electronically via SafeAssign. This software allows for text comparisons to be made between your submitted assessment item and all other work that SafeAssign has access to. If required, details of how to submit via SafeAssign will be provided on the site of the course.
Page 5 Eligibility for Supplementary Assessment Your eligibility for supplementary assessment in a course is dependent of the following conditions applying: a) The final mark is in the percentage range 47% to 49.4% b) The course is graded using the Standard Grading scale c) You have not failed an assessment task in the course due to academic misconduct 5.4 Submission penalties Late submission of assessment tasks will be penalised at the following maximum rate: 5% (of the assessment task s identified value) per day for the first two days from the date identified as the due date for the assessment task. 10% (of the assessment task s identified value) for the third day 20% (of the assessment task s identified value) for the fourth day and subsequent days up to and including seven days from the date identified as the due date for the assessment task. A result of zero is awarded for an assessment task submitted after seven days from the date identified as the due date for the assessment task. Weekdays and weekends are included in the calculation of days late. To request an extension you must contact your course coordinator to negotiate an outcome. 6. How is the course offered? 6.1 Directed study hours On campus Lecture: 1 hour per week On campus Tutorial: 2 hours per week 6.2 Teaching semester/session(s) offered Semester 1 6.3 Course activities Teaching What key concepts/content will I Week / learn? Module What activities will I engage in to learn the concepts/content? Directed Study Independent Study Activities Activities 1 Introduction and overview Lecture Ch 1. 2 Family Courts, their jurisdiction and the changing face of the family Ch 2. 3 Marriage, Nullity and Divorce Chs 3 and 4. 4 The Family Law Dispute Resolution System and Legislative Obligations 5 Friday, 3rd April Violence in the Family Chapter 10
Page 6 Good Friday Public Holiday Mid Semester Break 6 Parenthood, children and their issues, Ch 5.1-5.67 7 Child abuse in parenting cases and the Role of Social Sciences 8 Property Distribution, including advanced property topics 9 Financial Aspects of Defacto and other formalised Relationships 10 Maintenance, Superannuation and Financial Support for children 11 Interesting Case Studies and Family Lawyers, their skills and ethics 12 International Family Law Issues, Relationship Centres and the Future Ch 8 Ch 9 Ch 7 Ch 5.68 end of chapter 13 Review Study Period Central Examination Period End of Semester Break Please note that the course activities may be subject to variation. 7. What resources do I need to undertake this course? 7.1 Prescribed text(s) Please note that you need to have regular access to the resource(s) listed below: Author Year Title Publisher Mills, E and Ebejer, M 2015 Focus Family Law (6 th edition) LexisNexis Butterworths, Chatswood, NSW. 7.2 Required and recommended readings Lists of required and recommended readings may be found for this course on its site. These materials/readings will assist you in preparing for tutorials and assignments, and will provide further information regarding particular aspects of your course. 7.3 Specific requirements Nil
Page 7 7.4 Risk management There is minimal health and safety risk in this course. It is your responsibility to familiarise yourself with the Health and Safety policies and procedures applicable within campus areas. 8. How can I obtain help with my studies? In the first instance you should contact your tutor, then the Course Coordinator. Student Life and Learning provides additional assistance to all students through Peer Advisors and Academic Skills Advisors. You can drop in or book an appointment. To book: Tel: +61 7 5430 1226 or Email: StudentLifeandLearning@usc.edu.au 9. Links to relevant University policies and procedures For more information on Academic Learning & Teaching categories including: Assessment: Courses and Coursework Programs Review of Assessment and Final Grades Supplementary Assessment Administration of Central Examinations Deferred Examinations Student Academic Misconduct Students with a Disability http://www.usc.edu.au/university/governance-and-executive/policies-and-procedures#academic-learningand-teaching 10. Faculty specific information LOCATING JOURNAL ARTICLES If you have been notified that the journal articles in this course are available on e-reserve, use the on-line library catalogue to find them. For journal articles not on e-reserve, click on the "Journals and Newspapers" link on the Library Homepage. Enter the journal title e.g. History Australia, then search for the volume and issue or keyword as needed. ASSIGNMENT COVER SHEETS The Faculty of Arts and Business assignment cover sheet can be found on or on the USC Portal at: Faculty of Arts and Business (Students) > Forms. It must be completed in full identifying student name, assignment topic, tutor and tutorial time. This must be attached securely to the front of each assessment item prior to submission. Claims of loss of assignments will not be considered unless supported by a receipt. HELP: If you are experiencing problems with your studies or academic work, consult your tutor in the first instance or the Course Coordinator as quickly as possible. DIFFICULTIES: If you are experiencing difficulties relating to teaching and assessment you should approach your tutor in the first instance. If not satisfied after that you should approach in order your Course Coordinator, Program Coordinator then Head of School. General enquiries and student support Faculty Student Centre Tel: +61 7 5430 1259 Fax: +61 7 5430 2859 Email: FABinfo@usc.edu.au