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Unit of study_

LAWS3432: Family Law

Semester 1, 2022 [Normal day] - Camperdown/Darlington, Sydney

Family Law deals with the core provisions of the Family Law Act 1975 governing parenting of children and the property of married couples and persons in a de facto relationship. This course is essential for those interested in Family Law. Family Law will focus on the following topics: constitutional and jurisdictional issues; marriage, divorce and de facto relationships, the resolution of disputes relating to children under the Family Law Act 1975, property division under the Family Law Act; child support and maintenance; family violence.

Unit details and rules

Unit code LAWS3432
Academic unit Law
Credit points 6
Prohibitions
? 
LAWS5132
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Ghena Krayem, ghena.krayem@sydney.edu.au
Type Description Weight Due Length
Final exam (Take-home extended release) Type E final exam Final take-home exam
Problem Question and Essay Question
40% Formal exam period 48 hours
Outcomes assessed: LO2 LO3 LO4
Participation Group work / presentation
A presentation based on questions/topics provided
20% Ongoing 30 min presentation
Outcomes assessed: LO1 LO4 LO3 LO2
Assignment Written essay
Written essay
40% Week 08
Due date: 11 Apr 2022 at 16:00

Closing date: 02 May 2022
2500 words / 5 weeks
Outcomes assessed: LO1 LO4 LO3 LO2
Type E final exam = Type E final exam ?

Assessment summary

  • Final take-home exam (40%): The final take-home extended release exam 3000 words will be of 48 hours duration, open book, scheduled during the exam period (6 June – 18 July 2022).  It will be composed of two provided questions (problem question & Essay question). A successful Special Consideration application will result in a replacement exam.
  • Group work presentation (20%): Students will undertake group work / presentation. Topics will be available on Canvas site prior to first class and will be allocated according to student preference during the first class of semester.   
  • Research essay (40%): Students will complete a  2500 word written essay on a provided topic released on 7 March 2022 at 4pm and due on 11 April 2022 at 4pm. The longer release period is given to allow students to manage their own time and other commitments. No extensions will be granted after 2 May 2022 and any further applications for special consideration after this date will be at the discretion of the unit coordinator. 

​Detailed information for each assessment can be found on Canvas.

IMPORTANT NOTE: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. The late penalty does not apply to the take-home exam where no late submissions will be accepted. Late penalties do not apply to the exam, and any late submissions will not be accepted.

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Week 01 Introduction to Family Law Seminar (2 hr) LO1 LO2 LO3
Family Forms and Behaviour Seminar (2 hr) LO1 LO2 LO3
Week 02 Constitutional Issues in Family Law Seminar (2 hr) LO3 LO4
Marriage & Divorce Seminar (2 hr) LO1 LO2 LO3 LO4
Week 03 Family Violence 1 Seminar (2 hr) LO1 LO2 LO3
Family Violence 2 Seminar (2 hr) LO1 LO2 LO3
Week 04 Resolution of Family Disputes 1 Seminar (2 hr) LO1 LO2 LO3
Resolution of Family Disputes 2 Seminar (2 hr) LO1 LO2 LO3
Week 06 Family Lawyers and Ethics Seminar (2 hr) LO1 LO2 LO3
Parenting 1 – Understanding the Context Seminar (2 hr) LO1 LO2 LO3 LO4
Week 07 Parenting 2 – Parenthood, Parental Responsibility Seminar (2 hr) LO1 LO2 LO3 LO4
Parenting 3 – Parenting Orders Seminar (2 hr) LO1 LO2 LO3 LO4
Week 09 Parenting 4 – Parenting Orders Seminar (2 hr) LO1 LO2 LO3 LO4
Parenting Review Seminar (2 hr) LO1 LO2 LO3 LO4
Week 10 Economic Context and Child Support Seminar (2 hr) LO1 LO3 LO4
Property 1 Seminar (2 hr) LO1 LO3 LO4
Week 11 Property 2 Seminar (2 hr) LO3 LO4
Property 3 Seminar (2 hr) LO3 LO4
Week 12 Maintenance and Private Ordering Seminar (2 hr) LO1 LO3 LO4
Review Class Seminar (2 hr) LO1 LO2 LO3 LO4

Attendance and class requirements

  • Attendance:All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person or online attendance as per the delivery mode of the class. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.
  • Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude bibliography; footnote numbers; footnote citation; cover page and include body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.
  • Referencing guide: Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit can be accessed through the Canvas site under ‘Reading List’

  • Patrick Parkinson, Australian Family Law in Context: Commentary and Materials (7th ed Thomson Reuters, 2019).

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. understand the social context of family law and the debates about the legal regulation of families
  • LO2. develop the basis for becoming effective and sensitive family law practitioners
  • LO3. understand the strengths and weaknesses of existing law and policy concerning the breakdown of family relationships
  • LO4. develop the skill of being able to predict the range of possibilities in the way in which judicial officers might exercise their discretion with regard to family law issues.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

Minor changes have been made since the unit was last offered.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.