Students
LAWS5020 – Family Law
2022 – Session 1, Online-scheduled-weekday
General Information
Download as PDF
| Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor
Francesca Dominello
Contact via Privately on iLearn
6 First Walk, 619
TBA
|
|---|---|
| Credit points |
Credit points
10
|
| Prerequisites |
Prerequisites
(130cp in LAW or LAWS units) or (130cp including LAWS260 or LAWS2060 or GEND2000 or GEN210)
|
| Corequisites |
Corequisites
|
| Co-badged status |
Co-badged status
|
| Unit description |
Unit description
This unit covers the study of legal regulation of family relations. Although a great number of laws have a bearing on the 'family', this unit focuses on the Marriage Act 1961 (Cth) and the Family Law Act 1975 (Cth). The unit is divided into five main parts: the concept of family and its historical development; the concept of marriage; dissolution of marriage; financial relationships, especially when they breakdown; children and their rights under family law. An interdisciplinary approach to family law will enable students to analyse the interrelationship between the state, law and society. |
Important Academic Dates
Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
Learning Outcomes
On successful completion of this unit, you will be able to:
- ULO2: explain and analyse how multidisciplinary ideas about the family shape state family policies and laws and, in turn, how these policies and laws regulate family life.
- ULO1: describe and explain links between sociological, historical, philosophical and political perspectives on the family and developments in areas of family policy and law.
- ULO3: critically evaluate legal mechanisms relating to the resolution of family disputes, including alternative dispute resolution mechanisms.
- ULO4: critically evaluate legal principles (statute and case law) and consider the role of law reform in the area of Family Law in relation to inequality in society.
- ULO5: communicate arguments related to the area of Family Law effectively in written and verbal form appropriate to a range of audiences.
General Assessment Information
Participatory Tasks
All Students
Due: Weekly
Weighting: 20%
Preparation: Reading the prescribed materials and preparing for class discussions as per the weekly tutorial questions available on iLearn.
Attendance: Lectures will be pre-recorded weekly, starting in Week 1. Tutorials begin in Week 2 and end in Week 13. Students will be on-call and will be assessed for participation in the tutorials to which they are allocated. Attendance is compulsory for students when they are on-call. On-call allocations will be posted on iLearn. As there is a public holiday on Anzac Day, 25 April 2022, class participation will not be assessed that week (week 8). If a students misses a tutorial when they are on-call and they meet the Special Consideration policy, they should apply for special consideration through Ask.mq.edu.au. If their special consideration application is approved, they should contact the unit convenor and other arrangements will be made to make up for the missed tutorials.
Rubric: A detailed rubric on how class participation will be assessed will be available on iLearn.
Research Essay 1
Due: 14 April, 6pm
Weighting: 40%
Research essay on a set topic based on Lectures 1-6 and related readings in the prescribed text. The topic will be available on iLearn in the Assessment tab in Week 2.
Research Essay 2
Due: 4 June, 6pm
Weighting: 40%
Research essay on a set topic based on Lectures 7-12 and related readings in the prescribed text. The topic will be available on iLearn in the mid-semester break
General instructions for both essays:
Word Length:
The maximum word length for both essays is 2000 words. The word limit will be strictly applied and work above the word limit will not be marked.
Format:
Footnotes and Bibliography are required for both essays but will not be included in the word count.
The body of the essays and all the footnotes and bibliographies are required in AGLC4 style.
The essays should be double spaced in 12 pt Times New Roman. The footnotes can be in 10 pt Times New Roman. The bibliography can be single spaced with a space in between each reference.
Research for both essays:
Students may use the prescribed readings but are expected to research beyond these materials. Each student must determine for themselves how many additional references they need to support the development of their argument. The essay will not be assessed on how much research has been done, but on how well the research materials are used to advance the argument.
Rubrics: Further instructions on how to complete the essays and how they will be assessed will be available on iLearn.
Special Consideration:
All applications for special consideration must be made through Ask. Please refer to the University policy on special consideration on how to apply.
Note the new policy for written assignments:
Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – 10 marks out of 100 credit will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted seven days (incl. weekends) after the original submission deadline.
Submission:
The written essays are to be submitted electronically by way of Turnitin on the iLearn page. Plagiarism detection software is used in this unit. Please submit in Word format and not in PDF.
Moderation
Detailed marking rubrics will be made available on iLearn. If there are other markers assisting the convenor then a process of 'blind marking' to establish a common marking standard will be adopted and all Fail papers will be double marked.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| In-class discussion and activities | 20% | No | Weekly |
| Research Essay 1 | 40% | No | 14/04/2022 |
| Research Essay 2 | 40% | No | 4/06/2022 |
In-class discussion and activities
Assessment Type 1: Participatory task
Indicative Time on Task 2: 24 hours
Due: Weekly
Weighting: 20%
In class discussion, debate, collaboration and other activities
On successful completion you will be able to:
- explain and analyse how multidisciplinary ideas about the family shape state family policies and laws and, in turn, how these policies and laws regulate family life.
- describe and explain links between sociological, historical, philosophical and political perspectives on the family and developments in areas of family policy and law.
- critically evaluate legal mechanisms relating to the resolution of family disputes, including alternative dispute resolution mechanisms.
- critically evaluate legal principles (statute and case law) and consider the role of law reform in the area of Family Law in relation to inequality in society.
- communicate arguments related to the area of Family Law effectively in written and verbal form appropriate to a range of audiences.
Research Essay 1
Assessment Type 1: Essay
Indicative Time on Task 2: 45 hours
Due: 14/04/2022
Weighting: 40%
A research essay based on a topic on Family law.
On successful completion you will be able to:
- explain and analyse how multidisciplinary ideas about the family shape state family policies and laws and, in turn, how these policies and laws regulate family life.
- describe and explain links between sociological, historical, philosophical and political perspectives on the family and developments in areas of family policy and law.
- critically evaluate legal mechanisms relating to the resolution of family disputes, including alternative dispute resolution mechanisms.
- critically evaluate legal principles (statute and case law) and consider the role of law reform in the area of Family Law in relation to inequality in society.
- communicate arguments related to the area of Family Law effectively in written and verbal form appropriate to a range of audiences.
Research Essay 2
Assessment Type 1: Essay
Indicative Time on Task 2: 45 hours
Due: 4/06/2022
Weighting: 40%
A research essay on a topic related to family law
On successful completion you will be able to:
- explain and analyse how multidisciplinary ideas about the family shape state family policies and laws and, in turn, how these policies and laws regulate family life.
- describe and explain links between sociological, historical, philosophical and political perspectives on the family and developments in areas of family policy and law.
- critically evaluate legal mechanisms relating to the resolution of family disputes, including alternative dispute resolution mechanisms.
- critically evaluate legal principles (statute and case law) and consider the role of law reform in the area of Family Law in relation to inequality in society.
- communicate arguments related to the area of Family Law effectively in written and verbal form appropriate to a range of audiences.
1 If you need help with your assignment, please contact:
- the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
- the Writing Centre for academic skills support.
2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation
Delivery and Resources
Delivery:
The learning activities in this unit include listening to 12 x 2 hour lectures and attending 12 hours of weekly tutorials.
Lectures commence in Week 1 of the semester. Tutorials commence in Week 2.
The lectures will be recorded at the start of each week and posted to echo360 on the iLearn page. The location for the in-person tutorials can be found at https://timetables.mq.edu.au/2022/ and the links for the online tutorials will be available on iLearn.
Students will be required to use a computer to interact with online research databases and web based research tools.
The unit uses an ilearn website. Students should check iLearn regularly for announcements and updates.
Resources:
The Unit is structured around the text:
Archana Parashar and Francesca Dominello The Family in Law (Cambridge University Press, 2017).
Tutorial questions and additional readings will also be on iLearn.
Please note that students can get a 50% discount on the book if they purchase it directly from Cambridge University Press. Here are instructions on how to purchases the book.
Book details:
The Family in Law
Archana Parashar, Macquarie University
Francesca Dominello, Macquarie University
Published: April 2017
Format: Paperback and eBook
ISBN: 9781107561793
Students who choose to purchase the print textbook directly from Cambridge University Press will receive a 50% discount with free shipping.
Please use the promotion code MACUNI50 at the checkout (see checkout details below).
How to use a discount code
- Go to the product page on the website, you can do that here.
- Add your book to cart and select ‘checkout’ on the pop-up box, you will be taken to the checkout screen.
- Copy and paste or type the discount code bolded above into the ‘Apply a Promo code’ box.
- Click ‘Apply’ and ensure the correct discounted price is now displayed in your cart.
- If everything is correct, click ‘Proceed to Payment’.’
Purchase an eBook (note the 50% discount does not apply):
An eBook version of this textbook can be purchased via the following retailers.
Purchase a print copy (note the 50% discount does not apply):
A print copy of this textbook can be purchased via the following retailers.
Unit Schedule
This is the schedule for lectures in the unit. Note that the lectures commence in Week 1 and the tutorials in Week 2.
|
Week 1 |
Studying Family Law - Concepts |
|
Week 2 |
The Family Law and its Institutions - history and institutions |
|
Week 3 |
Marriage and Marriage like Relationships |
|
Week 4 |
Divorce & Violence |
|
Week 5 |
Financial Relations |
|
Week 6 |
Spousal Maintenance |
|
Week 7 |
Private Ordering in Property Proceedings |
|
Week 8 |
Child Related Disputes |
|
Week 9 |
Children in Court Proceedings |
|
Week 10 |
Child Maintenance and support |
|
Week 11 |
Dependency and the law - social welfare support |
|
Week 12 |
Children and Family Formation - abortion, child protection, adoption, surrogacy, IVF |
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:
- Academic Appeals Policy
- Academic Integrity Policy
- Academic Progression Policy
- Assessment Policy
- Fitness to Practice Procedure
- Assessment Procedure
- Complaints Resolution Procedure for Students and Members of the Public
- Special Consideration Policy
Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct
Results
Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au or if you are a Global MBA student contact globalmba.support@mq.edu.au
Academic Integrity
At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.
Student Support
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
The Writing Centre
The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.
- Workshops
- Chat with a WriteWISE peer writing leader
- Access StudyWISE
- Upload an assignment to Studiosity
- Complete the Academic Integrity Module
The Library provides online and face to face support to help you find and use relevant information resources.
Student Services and Support
Macquarie University offers a range of Student Support Services including:
- IT Support
- Accessibility and disability support with study
- Mental health support
- Safety support to respond to bullying, harassment, sexual harassment and sexual assault
- Social support including information about finances, tenancy and legal issues
Student Enquiries
Got a question? Ask us via AskMQ, or contact Service Connect.
IT Help
For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.
Unit information based on version 2022.02 of the Handbook