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Family Law

ABOUT FAMILY LAW

Australia's family law system helps people resolve the legal aspects of family relationship issues – including relationship breakdown, property and parenting arrangements.

The Family Law subjects in the Postgraduate Applied Law Programs deal with the legal aspects of working with families.

The Graduate Diploma of Family Dispute Resolution Practice (FDRP) equips those looking to become Accredited Family Dispute Resolution Practitioners with the tools to help resolve disputes caused by separation or divorce.

Choose from:

Master of Applied Law (Family Law)
LLM (Applied Law) with a major in family law
Graduate Diploma of Applied Law (Family Law)
Graduate Diploma of Family Dispute Resolution Practice

It completely changes the way you practise. It takes you to another level. You can really tell lawyers that have actually done the course because they practise at a completely different level.

Catherine Leach

Managing Director, Leach Legal, Perth Australia

cOURSE iNFORMATION

FLP1 - Foundations of Family Law Practice*

This subject family law is concerned with people, rather than property or financial matters. It includes the law and practice concerning parenting after separation or divorce. It also examines the law and practice of divorce. The subject aims to provide you with a strong foundation for practising in family law and covers most common issues encountered by family lawyers in practice. A more advanced subject deals with topics which are less common in law practice.

Topics

Introduction to family law
Shared parental responsibility and legislative pathways
Statutory considerations to determine the best interests of the child
Child abuse and family violence
Relocation and recovery of children
Variation and enforcement of parenting orders
Ethical and professional responsibility issues in children's cases
Divorce, nullity and validity of marriages

FLP2 - Property, Maintenance and Child Support*

This subject provides students with an introduction and overview of the process for resolving property and maintenance disputes with a focus on issues encountered in everyday practice. On satisfactory completion of this subject you will understand fundamental theories and practices in family law property, maintenance and child support practice, and have an understanding of how to apply this knowledge in professional practice. You will be able to use and explain this knowledge to specialist and non-specialist audiences. Using practice-based analytical and critical thinking skills, you will be able to apply this knowledge to problem-solving and decision-making in practice.

Topics

Jurisdictional issues and spousal maintenance
Ethical issues when acting for a party in family law financial proceedings
The four step process: introduction and step 1
The four step process: steps 2, 3 and 4
Conciliation conference, private mediation and costs in family law proceedings
Superannuation splitting, and tax, revenue and valuation issues
Evidence
Documenting a settlement of a financial matter, and child support

FLP3 - Conducting Family Law Matters*

Conducting a family law matter – whether involving property, parenting, child support or other issues – requires a range of skills and procedural knowledge. This subject covers the steps involved in reaching a settlement, from your first conference with the client, through to the end of a final hearing. At the end of this subject you will be able to apply a problem-solving methodology and knowledge of procedural law to the conduct of all aspects of family law matters, both in and out of court.

Topics

Conducting first conference, compulsory mediation and pre-action procedures
Preparing for hearing
Commencing proceedings and interim proceedings
Court events and documents, Division 12A proceedings and financial proceedings
Preparing for and presenting the final hearing
Dispute resolution
Evidence
Ethical Issues, and interlocutory processes and appeals processes

FLP11 - Advanced Parenting Issues*

This subject will build on FLP1 Foundations of Family Law and will provide a practical and in-depth study of the more complex, evolving and emerging issues in the areas of parenting, children and family law.

Topics

Practice and procedure – the legislative framework
Practice and procedure – specific issues
Parentage - who is a "parent"
Financial aspects of parenting – child maintenance and child support
Representation of children and the role of the independent children’s lawyer
The role of the states and territories in relation to child protection and adoption
Complex parenting issues for the 21st century
Practice and procedure – the final hearing, costs and appeals

FLP12 - Advanced Issues in Property, Maintenance and Child Support*

Family law is a multifaceted area of legal practice which helps people to deal with the legal aspects of family disputes, including relationship breakdowns. This subject provides an in-depth understanding of some of the more complex issues in property, spousal maintenance and child support, such as cross-border disputes, taxation issues, bankruptcy and the court’s power to bind third parties. The subject takes a practical approach to equip family law practitioners with the knowledge and skills to deal with these advanced issues in practice.

Topics

Jurisdiction in property matters, ascertaining the asset pool and categorising interests
Corporations, trusts, partnerships and businesses
Third parties, competing claims and bankruptcy
Cross-border disputes
Orders, agreements, setting aside and taxation issues
Interim relief: injunctions, interim property orders and spousal maintenance
Advanced issues in child support
Appeals and stays in family law proceedings

FLP13 - Development & Management of a Family Law Practice

This subject is about the development and management of your family law practice. As you will be aware, managing any legal practice requires a different set of skills to the technical and practical aspects of working as a lawyer on legal matters. Establishing a new legal practice and managing that practice for growth can be challenging. The personal circumstances and particular pressures facing many family law clients bring another dynamic to management of a family law practice. This subject considers a range of issues that are relevant to the effective and efficient conduct of a family law practice.

Topics

Introduction to developing and managing a family law practice
Getting started
Financial Management - Pricing and costs, and leveraging for productivity profit
Financial indicators
Risk Management Systems Management
Marketing Management
Managing People and Managing Clients
Managing Yourself

FLP14 - Family Dispute Resolution

Family dispute resolutions are where an independent accredited practitioner helps affected people resolve disputes with each other. There are various dispute resolution options that are available in family law matters. It is important that family law practitioners have a firm understanding of these options, select the most appropriate one for the case at hand and advice their clients accordingly.

The family law dispute resolution spectrum and legislative framework
Understanding disputes
Less adversarial approaches: Magellan and less adversarial trials
Negotiation
Family dispute resolution processes and communication skills
Issues of power and culture
Child informed mediation, Legal Aid conferences and collaborative law
Non-adversarial practice and family law – representing the client

FLP15 - Advocacy in Family Law

This subject is skills based and focused on developing advocacy skills in family law matters. Many lawyers are aware that their advocacy skills can require fine-tuning because of the increasing use of dispute resolution mechanisms. An increasing number of lawyers are choosing to appear as an advocate in their matters on interim hearings and sometimes even on final hearings. Whether you appear as a lawyer/advocate in a matter or you choose to brief counsel, it is important that the lawyer with carriage of the matter has a good working knowledge of the various stages of proceedings and their obligations.

Role of the advocate
Preparing for hearing
Division 12A and financial proceedings
Evidence
Examination-in-chief and witnesses
Cross-examination and re-examination
Submissions, reviews, stay applications and the slip rule
Interlocutory applications and appeals

FLP00 - Capstone Project (Family Law)

The Capstone Project is taken as your final subject, as a culmination of the knowledge and skills attained throughout your major. It will allow you to demonstrate your skills in a specialist practice area using real-life scenarios and case studies.

Throughout the intake, you will receive individualised feedback from your lecturer and will also have access to a rich array of skills modules that include guides, samples, and practice exercises for honing your legal skills.

The highlight of the Capstone Project is the final task, where you will prepare a Final Portfolio that demonstrates your legal writing, research, and oral skills.

The subject has four components:

Four short answer questions
Two legal writing samples

* NSW, VIC, QLD and WA specific content

Advisory Board

Justice Ann Ainslie-Wallace Family Court of Australia
Judge Elizabeth Boyle Federal Circuit Court
Dr Jacoba Brasch QC Barrister
Kathryn Kearley Partner, Hunt & Hunt Lawyers
Glenn Thompson Partner, Newnhams Solicitors
Justice Ann Ainslie-Wallace, Family Court of Australia
Judge Elizabeth Boyle, Federal Circuit Court
Dr Jacoba Brasch QC, Barrister
Kathryn Kearley, Partner, Hunt & Hunt Lawyers, (Practice Area Leader)
Glenn Thompson, Partner, Newnhams Solicitors

Teaching Staff

Simon Cooper Barrister, E-Chambers
Clare Dart Barrister, Family Dispute Resolution Practitioner, Nationally Accredited Mediator, Family Law Arbitrator
Susan Hamilton-Green Family Lawyer and FDRP, Intandem Legal Services, Creative Family Law Solutions, Accredited Specialist (Family Law and Mediation), AIFLAM, LEADR, VADR
Danielle Jaku-Greenfield Mediator, lecturer and writer, Sydney Mediation Partnership, NMAS, LEADR
Ray James James & Associates Solicitors, NSW Accredited Specialist (Family Law)
Kathryn Kearley College of Law Senior Lecturer, Head of Co operative Program (NSW) and Australian Catholic University adjunct lecturer
Briana Kotzapavlidis Principal, Tisher Liner FC Law
Sylvia Maramis Barrister, Owen Dixon Chambers
Doris Matias Associate Director, Culshaw Miller Lawyers
Selina Nikoloudakis Mellor Olsson LawyersSenior Associate and Accredited Family Law Specialist
Rachel Oakley Barrister, John Tooey Chambers, Nationally Accredited AIFLAM Mediator
Norman O'Dowd Member, NSW Civil and Administrative Tribunal (Guardianship Division)
Graham Quinlivan Member, Queensland Civil and Administrative Tribunal, QLS Children’s Committee
Ian Serisier Barrister
Stacey Taylor Special Counsel, Wisewould Mahoney Lawyers
Glenn Thompson OAM Partner, Newnhams Solicitors, NSW Accredited Specialist (Family Law)
Mark Youssef Partner, Taylor & Scott, NSW Accredited Specialist (Family Law), Specialist Accreditation Advisory Committee Member (Law Society of NSW)