Main exam Autumn 2016-1 (1)
docx
keyboard_arrow_up
School
University of Technology Sydney *
*We aren’t endorsed by this school
Course
76516
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
4
Uploaded by CorporalStraw1259
Autumn 2016 –
SEAT NUMBER:
STUDENT NUMBER:
SURNAME:
(FAMILY NAME)
OTHER
NAMES:
This paper and all materials issued must be returned at the end of the examination.
They are not
to be removed from the exam centre.
Examination Conditions:
It is your responsibility to fill out and
complete your details in the space provided
on all the examination material provided to
you. Use the time before your examination
to do so as you will not be allowed any
extra time once the exam has ended.
You are
not
permitted to have on your desk
or on your person any
unauthorised
material
. This includes but not limited to:
Mobile phones
Smart watches and bands
Electronic devices
Draft paper
(unless provided)
Textbooks
(unless specified)
Notes
(unless specified)
You are
not
permitted to obtain assistance
by improper means or ask for help from or
give help to any other person.
During the examination
you must first
seek permission
(by raising your hand)
from a supervisor before:
Leaving early
Using the toilet
Accessing your bag
Disciplinary action will be taken against you
if you infringe university rules.
7651
6
Family Law
Time Allowed:
Reading time is for reading only
. You are not permitted to write, calculate or mark your
paper in any way during reading time.
This is an Open Book exam
Please refer to the permitted materials below:
Permitted materials for this exam:
Calculators (including programmable)
Any annotated textbooks
Any paper materials that are handwritten, photocopied or typed
Materials provided for this exam:
This examination paper
answer booklet (
)
Students please note:
This exam is worth 40 marks.
There is only one question.
This question has 3 parts and the marks for each part of the
question are clearly marked.
This exam concerns property and financial questions only;
issues about time spent with children should
not
be
addressed.
Address both statutory provisions and relevant case law in
your answer.
You can cite the Family Law Act 1975 (Cth) as
FLA. When referencing cases from the required reading just
the name and year are sufficient, ie
Mallet
(1984). If you refer
to other cases from beyond the course, use full citations the
first time.
Don’t restate the facts of a case, just refer to
them as needed to make your argument.
Do not your exam paper until instructed.
Faculty of Law
Page 1 of 4
765165 Family Law –
Main Exam
Rough work space
Do
not
write your answers on this page.
Page 2 of 4
76516 Family Law Main Exam
Exam Question
Zainab and Farooq married in Sydney in 1999. They decided to separate in December 2014,
but continued to live in the same house until August 2015, when the parties appeared in the
Local Court in relation to an Apprehended Domestic Violence Order (ADVO) application
brought by the police on Zainab’s behalf. The couple have 2 children: Leyla who is 15 years old
and Yusuf who is 10 years old.
Farooq had been violent to Zainab on average once every two or three months through the
relationship.
The violence had increased in severity in the last year of the marriage. The
incident leading to the ADVO resulted in Zainab suffering two broken ribs and a broken nose.
She has been experiencing a severe anxiety disorder since that time.
Farooq is 48 years old.
He studied engineering at University and worked as a civil engineer for
10 years.
However, in 2010 he decided that he wanted a career change.
Since then he has
changed employment numerous times.
In 2013 he set up a landscaping business as a sole
trader.
Farooq is living in an apartment in an inner Western suburb of Sydney with his new partner,
Dana.
The apartment was bought by Farooq in 1998 for $300,000 with the proceeds of an
inheritance from his grandparents.
It is now valued at $1.1 million. Farooq recently transferred
the apartment to Dana in return for a payment of $150,000.
Zainab is 48 years old. Currently she and the children live in the matrimonial home in Western
Sydney.
The home was purchased in 2006 for $450,000. The purchase (including stamp duty
and legal expenses etc) was financed as follows:
$100,000 from the sale of Farooq’s shares and options in the Civil Engineering
company with whom he was employed which had recently floated on the Australian
Stock Exchange;
$60,000 from Zainab’s parents
$290,000 borrowed in their joint names from QT Bank
Farooq paid the mortgage repayments during the marriage but stopped at the end of 2014..
Farooq has ignored all letters from QT Bank informing him that they intend to repossess the
property in a mortgagee sale unless payments are made.
The mortgage was $150,000 at
separation, but has increased to $200,000 as a result of late fees and the costs of proceedings
to repossess issued by the bank. The market value of the home is now $760,000. However, if
the property is sold in a mortgagee sale, the home would sell for $50,000 less than the market
value.
Zainab’s parents are now requesting the return of the $60,000 together with interest.
They
state that the money was never meant to be a gift and was always intended as a loan.
Farooq asserts that his landscaping business has been unsuccessful over the past 18 months
and is worth nothing.
However, Zainab believes that the business has been incredibly
successful and says that the business is worth more than nothing and she knows that just
Farooq’s tools and equipment are worth $20,000.
She believes that Farooq receives the
majority of his income in cash and does not declare much of that income to the Australian
Taxation Office.
She knows that Farooq is about to go on a luxury overseas holiday with Dana,
that he is a member of an exclusive gym and regularly eats in expensive restaurants.
Farooq has not paid any child support for the children or spousal maintenance to Zainab since
the separation.
Prior to the children being born, Zainab worked as a nurse.
However, she has not done paid
work since Leyla was born.
She and the children are living on income tested pensions or
benefits totalling approximately $400 per week. If she was to return to work as a nurse, she
Page 3 of 4
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
765165 Family Law –
Main Exam
would have to undertake a ‘re-entry to practice’ course.
She finds it difficult to leave the house
due to her anxiety and has not yet applied to retrain as a nurse.
Farooq has superannuation in various funds totalling $200,000.
Zainab has superannuation of
$45,000.
(a) Write a memo to Zainab on her options for a property claim and the issues that would
be considered in any such claim.
Clearly identify the sections of the legislation that are
relevant to a claim.
Include what orders you recommend that she should seek against
Farooq, and if relevant, Dana and QT Bank. You must utilise case law to support your
application of the statutory principles.
(24 Marks)
(b) Advise Zainab on her options for a spousal maintenance claim
(8 Marks)
(c) Advise Zainab in relation to pursuing child support for Leyla and Yusuf from Farooq
(8 Marks)
_
Page 4 of 4