Unit Outline
LCA607
Family Law Practice and Procedure
Legal Practice, 2024
Emma White
Faculty of Law
College of Arts, Law and Education
CRICOS Provider Code: 00586B

Unit Coordinator
Emma White
Email: emma.white@utas.edu.au
 

What is the Unit About?
Unit Description
In this unit you will gain a general overview of the principal issues involved in the practice of family law. You will build knowledge and skills to provide effective representation as an entry-level lawyer in dispute resolution and pre-action procedures in the Federal Circuit and Family Court of Australia (FCFCOA) as well as an understanding of the role of State Courts in dealing with matters arising from the breakdown of relationships. This unit is organised into four teaching modules: 1. The Family Law System 2. Children’s Matters 3. Property Proceedings 4. Child Safety Throughout the duration of the unit, you will be instructed by specialist legal practitioners, experienced in practising in all aspects of family law. Unit content will be delivered through lectorials, workshops and practical exercises, in addition to opportunities to participate in or observe dispute resolution and early-stage proceedings in the Family Court Federal Circuit Court of Australia. Activities and tasks undertaken during the unit are both formatively and summatively assessed.
Intended Learning Outcomes
As per the Assessment and Results Policy 1.3, your results will reflect your achievement against specified learning outcomes.
On completion of this unit, you will be able to:
1.
Identify and analyse legal information to advise on issues relating to children, finances and property to support a client in a family law dispute
2.
Identify dispute resolution and pre-action procedures applicable to the circumstances of the client
3.
Formulate documentation to represent a client in any dispute resolution, pre-action procedure or finalisation of a dispute relating to children and property in accordance with good law and practice to meet the objectives of a client
4.
Display ethical and professional responsibility and behaviour in interactions with clients, the courts, the community, and the broader legal profession
Requisites
REQUISITE TYPE
REQUISITES
Pre-requisite
Admission into L6B - Graduate Diploma of Legal Practice
Alterations as a result of student feedback
We have provided more guidance on how your final result is determined.
 
 

Teaching arrangements
ATTENDANCE MODE
TEACHING TYPE
LEARNING ACTIVITY
CONTACT HOURS
FREQUENCY
Attendance / engagement expectations
If your unit is offered On campus, it is expected that you will attend all on-campus and onsite learning activities. This is to support your own learning and the development of a learning community within the unit. If you are unable to attend regularly, please discuss the situation with your course coordinator and/or our UConnect support team.

If your unit is offered Online, it is expected you will engage in all those activities as indicated in the Unit Outline, including any self-directed learning.

If you miss a learning activity for a legitimate reason (e.g., illness, carer responsibilities) teaching staff will attempt to provide alternative activities (e.g., make up readings) where it is possible.
 
 
 
 

How will I be Assessed?
 
For more detailed assessment information please see MyLO.
Assessment schedule
ASSESSMENT TASK #
ASSESSMENT TASK NAME
DATE DUE
WEIGHT
LINKS TO INTENDED LEARNING OUTCOMES
Assessment Task 1:
Assessment Task: Parenting – Legal Practice Tasks
Refer to Assessment Description
50 %
LO1, LO2, LO3
Assessment Task 2:
Assessment Task 2: Financial Matters and Property
Refer to Assessment Description
50 %
LO1, LO2, LO3, LO4
 
Assessment details
    
Assessment Task 1: Assessment Task: Parenting – Legal Practice Tasks
Task Description:
In response to delivery of legal materials and information through lectorials and workshops you will complete a series of practical tasks mirroring the initial phase of advising a client in a parenting dispute, including advice and information relating to dispute resolution and pre-action procedures.

You will be introduced to the important legal principles applicable under legislation and law relating to children and parenting and be required to complete several file-based tasks including:
• Letter of Advice
• Preparation of parenting proposals and application for grant of legal assistance
• Preparation of legal documentation for participation in a family dispute resolution process.

Completion of tasks will occur during workshops and outside the formal teaching structure. The file-based tasks are hurdle tasks and you must demonstrate your competency in each activity.

Assessment of tasks will be summative. You are provided with the opportunity to resubmit an activity if you do not meet the expected standard. Additional instruction is available to assist you to meet the appropriate standard as required.

Due Date: Week 7

Task Length:
Varies
Due Date:
Refer to Assessment Description
Weight:
50 %
 
CRITERION #
CRITERION
MEASURES INTENDED
LEARNING OUTCOME(S)
1
Analyse legal information to competently advise on issues relating to children, finances and property to support a client in a family law dispute
LO1, LO2, LO3
2
Evidence legal knowledge of the dispute resolution and pre-action procedures appropriate to the circumstances of the client
LO1, LO2
3
Formulate legal documentation in proceedings relating to children and property in accordance with good law and practice, and to meet the objectives of a client
LO2, LO3
 
Assessment Task 2: Assessment Task 2: Financial Matters and Property
Task Description:
In response to delivery of procedural and legal information covering financial and property matters in family law, your task will involve demonstrating your knowledge of process and procedure relating to a Directions hearing in the Family Court Federal Circuit Court of Australia. You will be divided into two groups and will:

• Complete all documentation associated with initiating proceedings in a property matter;
• Prepare and present oral submissions at the Directions Hearing.

All legal documentation and your performance in Court will be assessed formatively and general feedback will be provided by members of the judiciary and participating legal practitioners.
Participation in this task is compulsory as it is considered in the overall assessment of your competency in the unit

Due Date: Week 10

Task Length:
Varies
Due Date:
Refer to Assessment Description
Weight:
50 %
 
CRITERION #
CRITERION
MEASURES INTENDED
LEARNING OUTCOME(S)
 

1
Analyse legal information to competently advise on issues relating to children, finances and property to support a client in resolving a family law dispute
LO1, LO2
2
Evidence legal knowledge of the dispute resolution and pre-action procedures appropriate to the circumstances of the client
LO2
3
Formulate legal documentation in proceedings relating to children and property to competently represent and meet the objectives of a client
LO1, LO3, LO4
4
Demonstrate ethical and professional behaviour in interactions with clients, the courts, the community, and the broader legal profession
LO4
 
 
 

How your final result is determined
No assessment process in this Unit or across the GDLP will involve the awarding of “marks”, in percentage terms, or otherwise. That is because, in legal practice, service to clients is not measured in percentage terms, but in being efficient and effective.
Your work in this Unit will be assessed against the standard required of an entry level lawyer and if it meets that standard it will be awarded a “pass”.
To pass this Unit, you need to demonstrate your attainment of the competency standards outlined above, to a “satisfactory” standard.  As assessment for each Unit is both formative and summative, in the event you do not initially attain competency to a “satisfactory” standard regarding a task or assignment, you may be requested and provided with an opportunity to resubmit that task or assignment.
Any discussion regarding resubmission requirements will be communicated to you by the Unit Co-ordinator or Course Director on behalf of the Unit Co-ordinator.
Subject to attendance requirements being met, you may expect to satisfactorily complete this Unit if you demonstrate you have met the required competency standard.
 
Submission of assignments
Where practicable, assignments should be submitted to an assignment submission folder in MYLO. You must submit assignments by the due date or receive a penalty (unless an extension of time has been approved by the Unit Coordinator). Students submitting any assignment in hard copy, or because of a practicum finalisation, must attach a student cover sheet and signed declaration for the submission to be accepted for marking.
 
Requests for extensions
If you are unable to submit an assessment task by the due date, you should apply for an extension.
 
A request for an extension should first be discussed with your Unit Coordinator or teaching support team where possible. A request for an extension must be submitted by the assessment due date, except where you can provide evidence it was not possible to do so. Typically, an application for an extension will be supported by documentary evidence: however, where it is not possible for you to provide evidence please contact your Unit Coordinator.
 
The Unit Coordinator must notify you of the outcome of an extension request within 3 working days of receiving the request.
Late penalties
Assignments submitted after the deadline will receive a late penalty of 5% of the original available mark for each calendar day (or part day) that the assignment is late. Late submissions will not be accepted more than 10 calendar days after the due date, or after assignments have been returned to other students on a scheduled date, whichever occurs first. Further information on Late Penalties can be found on the Assessments and Results Procedure.
 
Review of results and appeals
You are entitled to ask for a review of the marking and grading of your assessment task if there is an irregularity in the marking standards or an error in the process for determining the outcome of an assessment. Details on how to request a review of a mark for an assignment are outlined in the Review and Appeal of Academic Decisions Procedure.
 
 
 

Required Resources
Required reading materials
See MyLO site for resources and readings
 
Recommended reading materials
See MyLO site for resources and readings
 
Other required resources