|Dispute Resolution in Family Law - JURD7416|
This course focuses on the pivotal role of child-focussed dispute resolution within the practice of family law. This course provides in-depth study of legislation and standards of conduct (ethics and practice management) expected of a family law legal practitioner, comprehensive understanding of the parenting/children and financial/property issues, expert witness selection and evidence management vital to resolving a family law dispute within the various dispute resolution processes available in Australia. During this Course you will learn through lectures, discussion and practical activities, a range of general practice and professional performance skills demanded of a family law practitioner who is engaged in dispute resolution processes. You will also participate in a critical discourse analysis of debate on current, key and emerging issues in dispute resolution within the family law jurisdiction. Topics covered include voluntary negotiation, Collaborative Law, pre-action Family Dispute Resolution and Case Assessment Conferences (which integrate Mediation and Conciliation). This Course provides the opportunity to explore the challenges involved in being a legal practitioner within a jurisdiction which has a commitment to family law disputes being resolved through dispute resolution processes rather than judicial intervention. Please note that this course is not, of itself, sufficient for accreditation as either a Collaborative Law lawyer or FDR practitioner. However it does provide a foundation from which potential Collaborative Law or FDR practitioners may begin the accreditation process.
Recommended Prior Knowledge
It is expected that students will have a working knowledge of the range of dispute resolution processes. Ideally, students will have completed, or concurrently be taking, JURD7314 Dispute Resolution or an equivalent course. If you have not enrolled in JURD7314, please contact the course convenor to discuss. While a grounding in Family Law is not necessary, it is helpful.
This course aims to provide students with in-depth knowledge, comprehensive understanding and a range of professional skills that include general practical and performance skills pivotal to their role as a legal practitioner in a family law practice. It also aims to equip students with the skills necessary to analyse and, through discussion, contribute to the debate on current, key and emerging issues in dispute resolution within the family law jurisdiction. Finally, through practical activities the course will give students an awareness of professional skills that are important for dispute resolution in the family law field.
A student who has successfully completed this course should be able to:
Class Participation 20%
Reflective Journal 20%
Research Essay 60%
To be advised
A full up-to date reading list will be provided in the detailed course outline.