LAWGENRL 429 : Law of Family Property

Law

2020 Semester Two (1205) (15 POINTS)

Course Prescription

Advanced study of the law of property in family contexts, including trusts, succession, and matrimonial property.

Course Overview

The law of family property is an important and interesting area of law that is relevant to general practitioners as well as family law specialists. This course will provide preliminary study in relation to front-end issues (asset protection measures) and advanced study on back-end issues (asset disputes) in the family law context.

In particular, we will discuss law and policy issues that arise in the interpretation and application of the Property (Relationships) Act 1976 such as pre-nuptial agreements, relationship property disputes, family trust disputes and estate disputes. We will examine the recent developments in ‘trust-busting’ as it pertains to family trusts.  

We will also cover the law and policy behind spousal maintenance and re-settlement of family trusts under the Family Proceedings Act 1980 and estate disputes under the Family Protection Act 1955 and the Law Reform (Testamentary Promises) Act 1949.

Course Requirements

Corequisite: LAW 306 Restriction: LAW 445

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Capability 6: Social and Environmental Responsibilities
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Develop an understanding of the current issues in policy and practice relating to the law of family property, including critically engaging in the nature and function of the law of family property within a wider social context. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2, 5.1, 6.1, 6.2 and 6.3)
  2. Understand and apply provisions in the PRA to differing fact scenarios. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1 and 4.2)
  3. Understand the application of certain provisions contained in other family property statutes, including the Family Proceedings Act 1980, Family Protection Act 1955, Law Reform (Testamentary Promises) Act 1949, Trustee Act 1952, Administration Act 1969, Wills Act 2007 and Child Support Act 1991. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1 and 4.2)
  4. Continue to develop critical and analytical reasoning skills in the way you interpret, apply and communicate the law. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2, 5.1, 6.2 and 6.3)

Assessments

Assessment Type Percentage Classification
Muliple-Choice Test 5% Individual Test
Essay 25% Individual Coursework
Final Exam 70% Individual Examination
Assessment Type Learning Outcome Addressed
1 2 3 4
Muliple-Choice Test
Essay
Final Exam
Your final mark for the course (100%) is made up of three assessments. You should complete all three to maximise your final mark. If you do not complete a piece of coursework you will lose the relevant available marks.  

Please note that:
a) we do not provide extensions for the online multiple-choice test; 
b) we do not allow resits of assignments or tests nor the resubmission of assignments; 
c) in relation to the essay, work handed in late will receive a marking penalty unless an extension has been granted by the Student Advisor. Extensions of time will be granted only where a student has medical or compassionate grounds for late submission; and 
d) if, for your final exam, you need to apply for an aegrotat or compassionate consideration, we can only process this where you have assessment results recorded for your coursework.  

The final exam is open book. This means that you may, if you wish, bring into the test and exam and refer to any materials such as casebooks, textbooks and study notes.

Learning Resources

Course book : 

The course book is available electronically on CANVAS under the “Reading List” Tab. The Faculty is no longer preparing hardcopies of the course book. 

Recommended Text : 

Please ensure that you have a copy of the Property (Relationships) Act 1976 (updated with amendments). Please also review the Law Commission Report posted on CANVAS.

NOTE: On 25 May 2016, the Minister of Justice announced that she requested the Law Commission to commence a review of the PRA. The Law Commission Report was released at the end of 2018. As a result, what we cover in this course under the PRA may be substantially altered as a consequence of the Law Commission’s recommendation. 

Additional Material: 

Please ensure that you have access to the Family Court Rules 2002 (as amended); the High Court Rules 2009 (as amended); schedule 2 of the Judicature Act 1908 (as amended) and the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. You are not required to buy textbooks. 

The standard textbooks (which are available at the Davis Law Library) are: LexisNexis Family Law Service; Brookers Family Law: Family Property (Thomson Reuters, 2013); Fisher on Matrimonial Property (LexisNexis); Relationship Property Legislation (3rd ed., LexisNexis, 2009); Atkin & Parker, Relationship Property in New Zealand (3rd ed., 2009); Peart, Briggs & Henaghan (eds) Relationship Property on Death (Thomson Brookers, 2004).

Workload Expectations

This is a standard 15-point course. There will be around 36 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours.

Digital Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website at http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page: https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter (https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html).

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 22/06/2020 11:49 a.m.