LAWS8022 Family Law (2024) Assessment

A. Rationale:

As a family lawyer, it is essential that you are able to evaluate cases and put them in perspective. Much of family law is an appreciation and translation (into legal and academic terms) of societal norms and development. You also need to be able to conduct your own research on family law related matters, including with reference to the social sciences (even if social science literature can no longer be cited in court, it often informs family law arguments). This assessment item seeks to combine these key skills.

B. The Task Itself:

You are asked to read the case of Hallas & Kefalos [2012] FamCA 860 (09 October 2012) and write a
‘Case Review’. Short case reviews normally just say what was decided in a case and provide some
opinion on this matter. Case review essays are different; they require you to also be able to place the
case in context, linking with broader literature and issues. An example of a case review essay is the
article by Fernando and Rundle that is optional reading for week 3. It discusses the case of Jonah &
White with broader references to literature and with reference to the issue of vulnerable parties (note,
though, that the authors could have done a better job linking with social science literature on the secrecy
surrounding extra-marital affairs).

In your case review essay of Hallas & Kefalos, you are to apply the three main aspects of such a review
(and do so within a normal essay structure, meaning that there should be a brief introduction and
conclusion, as well as a body of the text). The aspects are:

1) Analysis
2) Context
3) Appreciation

1. Analysis:

The analysis aspect refers to an analysis of the case itself; you should effectively relay what was decided
and why. This means that you should provide a brief introduction to the facts, and then focus on the
reasoning of the court in this case

2. Context:

Context relates to placing the findings and considerations in perspective. In this case, that means you
should rely on the development of the law with reference to any applicable legislation and cases. You
will be able to find cases in the readings of week 3, but you might also want to conduct some further
research yourself. If there are any further societal developments that link with the law that you consider
relevant to the case, you can include them here.

3. Appreciation:

Here you provide a critical analysis of the whole from a chosen perspective (similar to what Fernando
and Rundle did when they critiqued the Jonah & White case with reference to ‘vulnerable parties’ as
their perspective). You will need to clearly identify what that perspective is (from what point of view
you are evaluating the case?) and then provide a critique of the case from that perspective.
Your perspective can be theoretical (for example, you could apply feminist, multiculturalist or conflict
theory insights if you enjoy jurisprudence/legal philosophy) or it can be more practical, often centred
on a theme (for example, vulnerable parties, court resources, understanding of mental illness, or
psychological coercion). It is up to you to decide what perspective to use, as long as it allows you to
make clear links with the case, and provide an analytical critique of the case.
For this part, you must conduct your own research and find extra literature in both law and social science
(philosophy, psychology, sociology, theology etc. etc. – this will depend on the perspective chosen) to
support your arguments. Please make sure to use the library search engine in addition to Google.

C.Word limits, Extensions and Plagiarism

The word limit for the assignment is 2000 words, this excludes references (citations in footnotes).
Included are ‘substantive text in footnotes’ (eg where you provide further explanation or a quote in a
footnote) and headings.
If life gets in the way and you need more time to complete your assessment, please put in a Special
Consideration request for an extension before the deadline (otherwise you have to prove exceptional
circumstances that made it impossible for you to apply for an extension earlier). If things fall apart,
please contact me (Esther) via ‘Contact Unit Convenor’ on iLearn and we can work something out.
By all means, do not get yourself in a panic and plagiarise or think that AI can solve your problems –
not only does AI fail at this task, use is explicitly not allowed as per the unit guide. If you cross the line,
we are going to have to have a very unpleasant conversation, so please ask questions if you are not sure
about anything and/or need more guidance, and reach out if you struggle to meet the deadline.

D.Rubric

A rubric will follow on iLearn in due course, but you can expect the usual: following of assignment
instructions: understanding of the case, law and other material you use, coherence of argument, structure
and overall presentation (including writing and AGLC compliance). ?

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