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Course profile

Family Law (LAWS5121)

Study period
Sem 1 2025
Location
St Lucia
Attendance mode
In Person

Course overview

Study period
Semester 1, 2025 (24/02/2025 - 21/06/2025)
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.

Family law is a complex and broad area of law, intersecting with multiple other branches of the legal system including, for instance, child protection and criminal law. In this course, students will study the core areas of family law in Australia as governed by the Family Law Act 1975 (Cth), relevant state laws and the common law.

The course primarily deals with the laws relating to marriage and de facto relationships and particularly the consequences of relationship breakdown (nullity; divorce; arrangements for children; child support; child maintenance; property settlement; maintenance) and the means of resolving interpersonal disputes between spouses (mediation, arbitration, litigation).

Family law is a highly interdisciplinary course, dealing with, inter alia, issues of psychology, social work, criminology, economics and politics. This course considers the application of the law to the changing face of families and examines the ways in which family law has evolved to respond to developments in social science including, perhaps most notably, an increasing awareness of the prevalence and impact of domestic violence. It also considers the role of the legal system in regulating conduct (and the responsibility of lawyers working in this area, particularly given the vulnerability of many of those involved), and of the interplay between politics and law as evidenced by the key amendments to family law in Australia over the past half century.

In this course, you will acquire the foundational skills and knowledge to prepare you for a career in family law practice. You are encouraged to prepare for, and participate in, seminars which will allow you to engage with the issues and material in a more detailed way than traditional lectures.

Course requirements

Assumed background

Students are encouraged not to take this course until they comply with the prerequisite requirements.ᅠStudents in the early years of their degree mayᅠlack theᅠbackground legalᅠknowledge necessaryᅠto maximise their understanding of the subject matter of this course.

Prerequisites

You'll need to complete the following courses before enrolling in this one:

(LAWS1700 + 1701 + 1702 + 2706 + 2707) or (LAWS2111 + 2112 + 3112) 

Recommended prerequisites

We recommend completing the following courses before enrolling in this one:

LAWS2709 or (2704 + 2705) or (LAWS3113 + 3114)

Incompatible

You can't enrol in this course if you've already completed the following:

LAWS7121

Restrictions

LLB(Hons)(#64), LLB(Hons)(#48), LLB (Graduate Entry), LLB(Hons) duals and LLB dual programs.

Course contact

Course staff

Lecturer

Timetable

The timetable for this course is available on the UQ Public Timetable.

Aims and outcomes

Teaching Mission Statement

The mission of the TC Beirne School of Law is to educate students 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:

  1. introduce students to the statutory regime that governs matters of family (relationship) law in Australia;
  2. critically examine the interpretation and application of those laws in the relevant courts in Australia; and
  3. 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 memorandum
  • Online
20%

9/04/2025 5:00 pm

Paper/ Report/ Annotation Research Assignment
  • Online
40%

14/05/2025 5:00 pm

Examination End-of-semester Exam
  • In-person
40%

End of Semester Exam Period

7/06/2025 - 21/06/2025

Assessment details

Fact sheet and legal memorandum

  • Online
Mode
Written
Category
Paper/ Report/ Annotation
Weight
20%
Due date

9/04/2025 5:00 pm

Learning outcomes
L01, L02, L03, L04, L05, L06

Task description

In this assessment, students will be required to prepare a Fact Sheet outlining - in a manner that is both informative but also comprehensible to litigants - how best interests are determined. The objective is to produce a one-page document that sets out how best interests are evaluated, which would be provided to a client. Students will then be required to prepare a legal memorandum on a specific fact scenario relating to a best interests assessment. The Fact Sheets will be assessed based on how well they convey accurate, easily-understood and useful guidance to individuals navigating the family law system and the legal memos will be assessed based on their the accuracy, clarity and persuasiveness in identifying and applying the relevant legal principles and case law to the specific facts. 

This assessment task evaluates students' abilities, skills and knowledge without the aid of generative Artificial Intelligence (AI) or Machine Translation (MT). Students are advised that the use of AI or MT technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct Policy.

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

Where an extension for an assessment item due within the teaching period in which the course is offered is available, any extension is limited to one week (7 days). In exceptional circumstances, extensions may be granted for more than one week, but in no case will an extension exceed four weeks (28 days) in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should 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.

Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure 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%.

Research Assignment

  • Online
Mode
Written
Category
Paper/ Report/ Annotation
Weight
40%
Due date

14/05/2025 5:00 pm

Learning outcomes
L01, L02, L03, L04, L05, L06

Task description

The specifics of the research assignment will be made available on the Blackboard site following commencement of the Course.

This assessment task evaluates students' abilities, skills and knowledge without the aid of generative Artificial Intelligence (AI) or Machine Translation (MT). Students are advised that the use of AI or MT technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct Policy.

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

Where an extension for an assessment item due within the teaching period in which the course is offered is available, any extension is limited to one week (7 days). In exceptional circumstances, extensions may be granted for more than one week, but in no case will an extension exceed four weeks (28 days) in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should 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.

Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure 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

7/06/2025 - 21/06/2025

Learning outcomes
L01, L02, L03, L04, L05, L06

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 entire course content. There will be one question only.

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 Generative AI or MT may constitute student misconduct under the Student Code of Conduct Policy.

Exam details

Planning time 10 minutes
Duration 120 minutes
Calculator options

No calculators permitted

Open/closed book Open Book examination
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

Find the required and recommended resources for this course on the UQ Library website.

Additional learning resources information

Last minute changes may be made to readings at short notice.

Other sources of learning material will be notified by the course coordinator.

Learning activities

The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.

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Learning period Activity type Topic
Multiple weeks

From Week 1 To Week 12
(24 Feb - 25 May)

Seminar

Seminars

The programme of seminars for the course is set out in the course learning guide. This is available from the course Blackboard site.

Seminar topics are:

  • Introduction (situating family law within the wider legal context and considering the constitutional framework)
  • Dispute resolution in family law
  • Marriage, nullity and divorce - process
  • Children – parentage: who are ‘parents’? And who can have parental responsibility?
  • Children - best interests and the evolving approach to same
  • Domestic abuse and the impact on family proceedings
  • Children - child support and child maintenance
  • Property - what constitutes property? (initial contributions, special contributions, superannuation etc)
  • Property - splitting the pool
  • Property - maintenance and injunctions
  • Revision - review key concepts, themes and issues canvassed throughout the course

Learning outcomes: L01, L02, L03, L04, L05, L06

Additional learning activity information

There will be a three-hour seminar in weeks 1-7, 9, 11-12. The first part of the seminar will resemble a traditional lecture, in which the key issues, legislation and case law will be outlined. The second part of the seminar will entail an interactive discussion/workshop which will cover pre-set readings and enable students to engage more fulsomely with the content that has been covered at the start of the seminars, as well as prepare for assessments.

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:

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: