Month: January 2019

Since the implementation of the Marriage Amendment (Definition and Religious Freedoms) Act 2017, factors such as sex and gender no longer affect Australian marriage rights, with same-sex marriage now legal amongst all states and territories. These changes altered the existing Marriage Act 1961, redefining marriage to be ‘the union of two people to the exclusion of all others, voluntarily entered into for life’. Same-sex Marriage Marriages involving couples of the same-sex are recognised with Australian divorce proceedings, regardless of whether...

Before obtaining approval for a child passport, the Passport Office requires the child’s parent and/or any other person with parental responsibility to provide written consent for the passport being issued. Therefore, the easiest way to obtain a passport is to receive consent from the other parent. However, this will not always be possible. Child Passport on Special Circumstances In circumstances where the other parent refuses to provide written consent or does not show any inclination of supporting the allocation of...

Sentencing Factors When pleading guilty or being found guilty of an offence, the Judge is required to consider a range of factors when imposing a sentence. There are many different categories of sentences, including fines, community-based orders, probation or a term of imprisonment. When considering what sentence should be imposed, the Judge must have regard to several relevant principles including to: - Punish the offender; Assist the rehabilitation of the offender; Protect the community from the offender; Deter the offender...

Bringing Family Law Matters Urgently As most couples who suffer a breakdown of the relationship or marriage want to sort out the matter as soon as possible, it is common for parties to try and bring proceedings as soon as possible, especially in situations involving children. However, before parties engage with the Court process, it is necessary for parties to attend mediation. Requirement of Mediation Before the Family Court will hear a matter, the parties must attend mediation and obtain...

Sentencing Approaches Undertaken by the Australian Court In the last five years, the High Court of Australia has heavily criticised sentencing principles that implement an oversimplified approach and place significant weight to broad sentencing ranges and individual factors. As a result of this increased criticism, the court’s approach has slowly shifted to sentencing approaches which implement an order determined on balancing all circumstances of the case to reach a single judgement, as opposed to specific process or components. Historical Approach...