Course

Dispute Resolution in Family Law - LAWS8116

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Kensington Campus

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Pre-requisite: Academic Program must be 9200 or 9210 or 9230 or 5740 or 9235 or 5235 or 9231 or 5231 or 9220 or 5750.

Excluded: JURD7416

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

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.

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.

LLM Specialisations

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, LAWS8314 Dispute Resolution or an equivalent course. If you have not enrolled in LAWS8314, please contact the course coordinator to discuss. While a grounding in Family Law is not necessary, it is helpful.

Learning Outcomes

A student who has successfully completed this course should be able to:
  • Demonstrate knowledge and understanding of the family law legislation and the pivotal place of voluntary and mandatory dispute resolution processes available in Australia in the field of family law;
  • Appreciate the legal and ethical dimensions of dispute resolution within family law;
  • Analyse and discuss debate on current, key and emerging issues in dispute resolution and consider their impact on family law practice in Australia;
  • Utilise their knowledge, understanding and appreciation of the various parenting/children issues and financial/property issues that arise in family law disputes and resolve them using the various dispute resolution processes;
  • Use their reflective skills in future to improve their participation and/or conduct of various dispute resolution processes.

Main Topics

  • Dispute resolution in the family law context – law and practice;
  • Pre-action Family Dispute Resolution;
  • Case Assessment Conferences;
  • Voluntary negotiation;
  • Key and emerging issues in law and policy.

Assessment

Class Participation 20%
Reflective Journal 20%
Research Essay 60%

Course Texts

To be advised

Resources

A full up-to date reading list will be provided in the detailed course outline.
UNSW Library

Study Levels

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