Course overview
- Study period
- Semester 1, 2026 (23/02/2026 - 20/06/2026)
- Study level
- Undergraduate
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
This course is an intermediate level consideration and examination of, and reflection upon, the legal issues, legislation, case law, theory, practice, social context and key features of what is commonly known as "family law" in Australia. The course seeks to develop students' knowledge of the law relating to the breakdown of interpersonal relationships; awareness of the application of the relevant principles set out in the Family Law Act (and other related legislation including the Domestic and Family Violence Act) in both a legal and wider social context; and ability to identify and critically consider legal issues in the midst of complex inter-personal issues.
The course primarily deals with the laws relating to marriage and de facto relationships and the consequences of relationship breakdown (nullity; divorce/end of relationship; arrangements for children; child support; child maintenance; property settlement; maintenance) and the means of resolving interpersonal disputes between intimate partners (mediation and litigation). Students will study these core areas of family law in Australia as governed by the Family Law Act 1975 (Cth), the common law and related Commonwealth and state legislation, as well as consider the practice and procedure in this area.
This course considers the application of the law to the diverse nature of families and examines the ways in which family law has changed, including recent legislative reforms which primarily respond to an increasing awareness of the prevalence and impact of domestic violence. The course also considers the role of the legal system in regulating conduct and the responsibility of lawyers working in this area.
This course develops student knowledge through problem-solving exercises that mirror the legal and factual issues that arise in family law matters. Key legal principles, statutory sections and cases will be discussed in the lecture. Seminars provide an opportunity to consolidate readings and apply knowledge of the law to realistic scenarios and considerations of practice-based approaches. The course aims to provide students with an understanding of the law governing Australian families as well as a context to critically evaluate these laws, practices and policies in family law. Perspectives from experts in the field will also be provided online and in person.
Course requirements
Prerequisites
You'll need to complete the following courses before enrolling in this one:
All Level 1 and 2 LAWS courses + LAWS3700 + LAWS3705
Restrictions
LLB(Hons) and LLB(Hons) duals
Course contact
Course staff
Lecturer
Timetable
The timetable for this course is available on the UQ Public Timetable.
Aims and outcomes
Education Mission Statement
The mission of the School of Law is to educate you in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.
Course Aims
The course aimsﾠto:
- introduce students to the statutory regime that governs matters of family (relationship) law in Australia;
- critically examine the interpretation and application of those laws in the relevant courts in Australia; and
- create an awareness of the means available to resolve disputes in family (relationship)ﾠlaw.
Learning outcomes
After successfully completing this course you should be able to:
LO1.
Demonstrate a sound knowledge of both the law relating to the breakdown of marriages and de facto relationships and of the means for resolving disputes in relation to children, property division and maintenance.
LO2.
Demonstrate knowledge of the legal institutions relevant to the practise of family law in Australia.
LO3.
Demonstrate advanced written skills in the resolution of problems that arise in the context of family law.
LO4.
Recognise the relationship between family law matters and those of other jurisdictions and areas of legal practice.
LO5.
Critically analyse facts and provide solutions to theoretical and practical questions arising from the study of family law.
LO6.
Situate family law within a broader social science context, recognising the influence of other disciplines (including psychology, gender and race studies and economics) on the theory and practice of family law.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Paper/ Report/ Annotation |
Fact sheet and legal advice
|
20% |
1/04/2026 2:00 pm |
| Paper/ Report/ Annotation, Presentation, Role play/ Simulation |
Making a parliamentary inquiry submission as a legal organisation
|
40% |
6/05/2026 2:00 pm |
| Examination |
End-of-semester Exam
|
40% |
End of Semester Exam Period 6/06/2026 - 20/06/2026 |
Assessment details
Fact sheet and legal advice
- Online
- Mode
- Written
- Category
- Paper/ Report/ Annotation
- Weight
- 20%
- Due date
1/04/2026 2:00 pm
- Learning outcomes
- L02, L03, L04
Task description
In this assessment, students will be required to prepare a fact sheet on an area of law and an accompanying short advice to the client. The topic and fact scenario will be provided by course coordinator in week 1. The task requires students to prepare:
- a Fact Sheet an aspect of family law in a manner that is legally accurate but also comprehensible to lay litigants. The objective is to produce a one-page document to provide to any client; AND
- a brief 1 page letter of advice to this client which refers to the fact sheet and relates it to a specific fact scenario provided.
The purpose of this assessment is to demonstrate a clear understanding of a discrete aspect of family law and to develop an ability to communicate key principles to non-lawyers, as well as develop problem-solving skills in applying the legal principle to a factual situation to provide understandable advice. All legal practice, and particularly family law, relies on the ability to communicate well with the client.
The Fact Sheet will be assessed based on how it conveys accurate, easily-understood and useful guidance to individuals navigating the family law system. It must provide coverage of the specified topic but students should consider how much detail is needed for a fact sheet. Examples of real fact sheets in family law will be provided for guidance but there is no specified form or template, except that it must contain at least one (no more than three) embedded link to a useful and publicly accessible resource. The fact sheet can, but does not have to, contain images or other visual elements. It must be on 1 side A4 page in no less than 12 point font.
The accompanying legal memo will be assessed based on its accuracy, clarity and persuasiveness in identifying and applying the relevant legal principles and case law to the specific facts. It must be on 1 side A4 page in no less than 12 point font.
Assessment criteria including a rubric for each element of this assessment are available on Blackboard.
Artificial Intelligence (AI) and Machine Translation (MT) are emerging tools that may support students in completing this assessment task. Students may appropriately use AI and/or MT in completing this assessment task. Students must clearly reference any use of AI or MT in each instance. A declaration sheet must be completed and submitted with this assessment item.
A failure to reference generative AI or MT use may constitute student misconduct under the Student Code of Conduct.
Submission guidelines
Assignments must be submitted electronically via the submission link on the course Blackboard site.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
The maximum extension for an assessment item due within the semester / teaching period in which the course is offered is 7 days. In exceptional circumstances, an extension may be approved for a further 7 days. Where a student is incapacitated for a period longer than 14 days, they are advised to apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure .
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
A request for an extension to an assessment due date must be submitted through my.UQ as soon as it becomes evident that an extension is needed, but no later than one calendar day after the assessment task submission due date and time. Requests for extensions received after the application due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Decision-Maker Tables in the Student Grievance Resolution Procedure to determine whether to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
Making a parliamentary inquiry submission as a legal organisation
- Online
- Mode
- Activity/ Performance, Written
- Category
- Paper/ Report/ Annotation, Presentation, Role play/ Simulation
- Weight
- 40%
- Due date
6/05/2026 2:00 pm
- Learning outcomes
- L01, L02, L03, L04, L05, L06
Task description
This is a group assessment task. By week 4 (seminar 3) you will be assigned to groups of 4-5. You will be given opportunities for group formation during seminars, and you may choose your own members or will be allocated to a group. This assessment has two elements:
Part 1
Your group must first decide (from a list provided) what sort of legal organisation you are (ie. law firm, community legal centre) and its usual type of clients. As this firm, your group must write a submission to a Commonwealth Senate Inquiry considering a reference to consider recent and proposed amendments to the Family Law Act 1975. Your group can choose which aspects of the terms of reference to respond to which might be influenced by the type of law firm you create. You will be expected to undertake research to contribute to your submission and to provide some (fictional) reference to experiences and impacts on the organisation's clients and wider legal ramifications, as well as a brief explanation of the firm you have created. It is expected that recommendations supporting or opposing/changing amendments are made.
The word limit is 2000 words, inclusive of headings but not including footnotes (although footnotes should contain referencing material only and should not contain substantive text). The 2000 word limit is a firm limit. 10% of the student's final grade will be deducted for every 100 words or part thereof in excess of the limit. Students should state the final word count of their response on the front page of their submission.
Part 2
Your group must conduct a video recorded discussion about the submission. Each member of the group is expected to speak and be audible in the recording. Groups can decide to role play as a firm discussion but are not required to do so. The time limit of the recorded firm discussion should be no longer than 10 minutes.
Both the written submission and recording should be uploaded by the due date.
Group input
All group members must contribute to selecting, researching, and writing the submission, and participate in the recorded discussion. Every group member will receive the same mark, unless a case is made otherwise. Resources to support your group work will be provided on the course BlackBoard and discussed in class.
This assessment task develops students' abilities to work in teams as in legal practice and demonstrate a developed understanding and critical awareness of specific family law issues, as informed by the content of the course and further independent study.
Artificial Intelligence (AI) and Machine Translation (MT) are emerging tools that may support students in completing this assessment task. Students may appropriately use AI and/or MT in completing this assessment task. Students must clearly reference any use of AI or MT in each instance. A declaration sheet must be completed and submitted with this assessment item. A failure to reference generative AI or MT use may constitute student misconduct under the Student Code of Conduct.
Submission guidelines
Assignments must be submitted electronically via the submission link on the course Blackboard site.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
The maximum extension for an assessment item due within the semester / teaching period in which the course is offered is 7 days. In exceptional circumstances, an extension may be approved for a further 7 days. Where a student is incapacitated for a period longer than 14 days, they are advised to apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure .
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
A request for an extension to an assessment due date must be submitted through my.UQ as soon as it becomes evident that an extension is needed, but no later than one calendar day after the assessment task submission due date and time. Requests for extensions received after the application due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Decision-Maker Tables in the Student Grievance Resolution Procedure to determine whether to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
End-of-semester Exam
- In-person
- Mode
- Written
- Category
- Examination
- Weight
- 40%
- Due date
End of Semester Exam Period
6/06/2026 - 20/06/2026
- Other conditions
- Time limited, Secure.
- Learning outcomes
- L01, L02, L03, L05
Task description
The end-of-semester exam will be an open book exam.
The exam will be worth 40% of the final mark.
The material covered in the end-of-semester exam will be the course content from weeks 1, 2, 4 and 7-11. There will be two questions.
This assessment task is to be completed in-person. The use of generative Artificial Intelligence (AI) or Machine Translation (MT) tools will not be permitted. Any attempted use of AI or MT may constitute student misconduct under the Student Code of Conduct.
Exam details
| Planning time | 10 minutes |
|---|---|
| Duration | 120 minutes |
| Calculator options | No calculators permitted |
| Open/closed book | Open book examination - any written or printed material is permitted; material may be annotated |
| Exam platform | Paper based |
| Invigilation | Invigilated in person |
Submission guidelines
Deferral or extension
You may be able to defer this exam.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
| Grade | Cut off Percent | Description |
|---|---|---|
| 1 (Low Fail) | 0 - 19 |
Absence of evidence of achievement of course learning outcomes. |
| 2 (Fail) | 20 - 47 |
Minimal evidence of achievement of course learning outcomes. |
| 3 (Marginal Fail) | 48 - 49 |
Demonstrated evidence of developing achievement of course learning outcomes |
| 4 (Pass) | 50 - 64 |
Demonstrated evidence of functional achievement of course learning outcomes. |
| 5 (Credit) | 65 - 74 |
Demonstrated evidence of proficient achievement of course learning outcomes. |
| 6 (Distinction) | 75 - 84 |
Demonstrated evidence of advanced achievement of course learning outcomes. |
| 7 (High Distinction) | 85 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. |
Supplementary assessment
Supplementary assessment is available for this course.
Learning resources
You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.
Library resources
Library resources are available on the UQ Library website.
Additional learning resources information
There is a prescribed text for this course: Fernando et al Family Law in Australia (Lexis, 2025). The course is structured to align with the textbook, although there are some differences in sequencing and topic combinations. Prescribed chapters to read each week are provided on the course website.
Please note that there have been two significant legislative amendments in 2024/2025 resulting in significant doctrinal and some procedural changes in family law (across parenting and property matters). Therefore, previous editions of this or other textbooks should either not be used or be treated with caution as they will not provide an accurate picture of the current legal landscape.
Other readings, videos and online resources will be provided on the course website.
Learning activities
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
Filter activity type by
Please select
| Learning period | Activity type | Topic |
|---|---|---|
Multiple weeks From Week 1 To Week 12 |
Lecture |
Lectures A lecture covering key legislative sections, legal principles and procedures is delivered in weeks 1-9 and 11-12 (ie. no weeks 10 or 13 lectures). Lecture topics are: Online recordings available on Blackboard: Introduction: situating family law within the wider social and legal context and the constitutional framework (available prior to week 1) Week 1: Dispute resolution in family law Week 2: Marriage and de facto relationships, nullity and divorce/ termination of de facto relationships Week 3: Parentage Week 4: Family violence, child abuse and the impact on family proceedings (parenting and property) Week 5: Children - determining best interests of the child and parenting orders Week 6: Children - relocation and international child abduction, child support and child maintenance Week 7: Financial support of spousal and de facto partners Week 8: Property - what constitutes property, contributions, jurisdiction and property proceedings framework Week 9: Property proceedings - exercising discretion and alteration of property interests Week 11: Property proceedings - orders, financial agreements, superannuation and injunctions Week 12: Revision - review key concepts, provisions and issues canvassed throughout the course Learning outcomes: L01, L04, L06 |
Multiple weeks From Week 2 To Week 5 |
Workshop |
Workshop Workshops will consolidate and deepen key legal concepts covered in lectures and from student independent reading. Workshops are structured around student engagement with family breakdown scenarios applying relevant rules and procedures to the facts. Each week, students are expected to participate in class and group discussion. In some weeks, students will be asked to engage in role-playing activities which provide development of legal skills including developing and showing empathy for clients and resolving disputes in ways that are safe and/or maintain relationships. On Blackboard, there are key resources, such as weekly prescribed textbook readings, cases and/or articles; short videos and online resources, for students to engage with before each class. Students’ preparation and reflection outside the classroom is an important aspect of learning in this subject. Family law has a complex and detailed regulatory regime and voluminous case law, as well as a unique jurisdiction of dispute resolution. While this introductory level course cannot consider all aspects of the regime, it does expect students to undertake independent study to enable them to understand the many core legal principles and practices and come to class ready to enhance and apply this understanding. The course also importantly considers scholarly debates about what is the best approach to governing family relationships or where there might be gaps in the law in addressing harms. Students are expected to read materials which consider these debates/critiques and apply them to class discussions as well as assessment. The topics to be considered in the first 5 workshops follow the order of the lectures (the week later). Workshop 1 (week 2): What is a family? How should the law relate to families? What are the key sources of family law? What are the jurisdictional limits? How are family disputes or Family breakdown resolved? Workshop 2 (week 3): Marriage formalities and determining a de facto relationship; end of a relationship- divorce/ termination of de facto relationships; nullity Workshop 3 (week 4): Parentage: who are parents? Assisted conception and surrogacy. Why does it matter who is the legal parent? This week will also consider First Nations' perspectives on kinship and families. Workshop 4 (week 5): How family courts deal with family violence (procedures, definitions); child abuse in family law and intersection with state protection. Learning outcomes: L01, L02, L04, L05, L06 |
Multiple weeks From Week 7 To Week 9 |
Workshop |
Workshop As above, workshops will consolidate and deepen key legal concepts covered in lectures and from student independent reading. Workshops are structured around student engagement with family breakdown scenarios applying relevant rules and procedures to the facts. Each week, students are expected to participate in class and group discussion. In some weeks, students will be asked to engage in role-playing activities which provide development of legal skills including developing and showing empathy for clients and resolving disputes in ways that are safe and/or maintain relationships. From week 7 students will be provided with an opportunity to work through scenarios and essay style questions. The topics to be considered in workshops from week 7-9 are: Workshop 5 (week 7): understanding proceedings relating to children; best interests considerations and parenting orders Workshop 6 (week 8): continuing discussion of parenting orders, focus on relocation and international child abduction Workshop 7 (week 9): Financial support of children (child support and maintenance) and support of spousal and de facto partners Learning outcomes: L01, L02, L03, L04, L05, L06 |
Multiple weeks From Week 11 To Week 13 |
Workshop |
Workshop As above, workshops will consolidate and deepen key legal concepts covered in lectures and from student independent reading. Workshops are structured around student engagement with family breakdown scenarios applying relevant rules and procedures to the facts. Each week, students are expected to participate in class and group discussion. In some weeks, students will be asked to engage in role-playing activities which provide development of legal skills including developing and showing empathy for clients and resolving disputes in ways that are safe and/or maintain relationships. Students will be provided with an opportunity to work through scenarios and essay style questions. Workshop 8 (week 11): Property - understanding the legislative framework; what counts as property or contributions? Jurisdiction to make property alterations and dispute resolution Workshop 9 (week 12): How the court exercises its discretion for alteration of property interests (and applying spousal maintenance principles) Workshop 10 (week 13): Continuing alteration of property interests; overview of power to make orders and injunctions and financial agreements; revising the course Learning outcomes: L01, L02, L03, L04, L05, L06 |
Additional learning activity information
Please ensure that you come to class prepared to engage with the material and having completed required reading and/or exercises.
Policies and procedures
University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:
- Student Code of Conduct Policy
- Student Integrity and Misconduct Policy and Procedure
- Assessment Procedure
- Examinations Procedure
- Reasonable Adjustments for Students Policy and Procedure
- AI for Assessment Guide
Learn more about UQ policies on my.UQ and the Policy and Procedure Library.
School guidelines
Your school has additional guidelines you'll need to follow for this course: