Highlights
THE EXAM CONSISTS OF TWO SECTIONS:
Answer both Questions from PART A (100 words each)
Answer the ONE (1) Question from PART B (Scenario study)
Part A: Essay questions
Both questions are to be answered, each amounting to roughly 100 words.
Part B: Scenario
Melody and Spratly Bumble live in Dandelion Manor in the wealthy Melbourne suburb of Toorak. They have been in an acrimonious relationship over the last three years. They met on a boozy trip in Paris nine years ago and were married soon after their return to Melbourne in a service of the so-called Church of Cross-Dressing Hellenes. Their old friend Boudoir Martin performed the service in Melbourne’s Seafarers Mission. Prior to the service, Melody and Spratly had consumed two jugs of Rum Punch. Both parties seemed to have been confused as to where they were during the service. Even Boudoir Martin is said to have been a touch giddy with the drink when performing the marriage rites.
The Bumbles now sleep in separate parts of Dandelion Manor, use separate bathrooms, and attend public and private events separately, though they do share a bank account for various purchases. This behaviour has been going on now for just over a year.
Their precocious child, Liddy (nicknamed ‘Black Magic’), is a difficult daughter. Despite being a mere seven years old, she has shown a total disregard for ‘house rules’. From time to time, Spratly spanks her with a feather duster to, as he puts it, ‘teach her a fine lesson.’ During a regular medical check-up with general practitioner Dr. Quack Jones, some slight bruising is noticed on Liddy’s body.
It also transpires that Liddy has a rare blood condition that will require regular transfusions to keep her alive. Even at seven years, Liddy has made up her mind on any such treatment: ‘No blood! I hate it!’
The Bumbles have two good friends, Grinding Gretel and Bountiful Broomhilda. They have been sharing a residence in Hawthorn since 2006, love overpriced organic produce, and travel together (when they can). They have heard rumours that the Commonwealth has, in recent years, changed various laws on the subject of same-sex unions and are concerned by what impact these might have as they have registered their union under the Victorian Relationships Act 2008.
Gretel and Broomhilda wish to have a child but have had no success thus far. They are pondering forming an alliance with the psychic celebrity Flusty Floosy, who is happy to use the services of the Orchid Fertility Clinic in Richmond to have a child. Flusty dislikes social workers and lawyers and doesn’t see any reason why they should be involved in any arrangements regarding the bearing of children for other people. Matters of family, she argues, are a private affair.
Having some doubts about the credentials of Flusty Floosy, Gretel and Broomhilda were also considering making an arrangement with Smriti Mandhana in Mumbai, India. They obtain her name through an online agency offering services for the ‘needy and desperate, wherever they come from.’ Mandhana is willing to agree to have a child for the couple for AU$8,650. She has said, informally, that ‘she does not wish to be involved with the child’ after its birth.
Randy Ramble of the Manic Love Party is a member of the lower house of the Australian parliament. He wants to amend the Marriage Act 1961 (Cth). ‘I like the idea of marrying the moon, for instance,’ he tells a startled journalist on Radio National. He is, however, unsure if his legislative proposal might survive a High Court challenge.
The Bumbles are contemplating separation.
They want to know what the situation with Liddy will involve when and if they do separate.
Dr Quack Jones is wondering what to do about Liddy’s bruising.
He is also concerned about what to do regarding Liddy’s future medical treatment, given her stubbornness against blood transfusions.
Gretel and Broomhilda want to know what rights and obligations their union entails.
Flusty secretly hopes that, if Gretel and Broomhilda go through with the agreement, she can keep the child.
Gretel and Broomhilda are wondering whether they should pursue the agreement with Smriti Mandhana and what risks it entails.
Randy Ramble has nightmares of what the Australian High Court will do, should his proposed legislation on human-moon marriage pass in Parliament.
Discuss all the issues outlined above.
In answering this question, you are not expected to discuss the division of matrimonial property or sources outside what is already covered in the course. Refer to cases and legislation where appropriate, citing them in full.
Approximate word length: 1800 words
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