To drive in the state of Queensland, you must hold a valid drivers licence. If you do not have a valid drivers licence and continue to drive, this is known as unlicensed driving. Typically, unlicensed driving occurs where individuals have lost their licence due to loss of demerit points, failing…
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Also referred to as “pre-nups”, binding financial agreements are created between parties of a relationship or marriage to legally protect and allocate assets if the event the marriage ceases. Whilst many people believe planning for divorce before the marriage begins is controversial, a binding financial agreement is prudent estate planning,…
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When a marriage or relationship breaks down, a typical disagreement between the parties relate to the arrangements of the children, including where they live, attend school and spend time with. These issues may be further complicated if one parent wishes to relocate as a result of family violence, abuse or…
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It is unlawful to discriminate against another person who possesses certain attributes in Australia. The federal legislative instruments which govern this area of law include:- Racial Discrimination Act 1975 Sex Discrimination Act 1984 Australian Human Rights Commission Act 1986 4. Disability Discrimination Act 1992 5.Age Discrimination Act 2004 Collectively, this…
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The Impact of Criminal Law in the Family Law Jurisdiction Pursuant to section 61DA of the Family Law Act 1975 (Cth), the presumption of equal shared parental responsibility exists within family law proceedings. However, this presumption does not apply in circumstances where parents have engaged in family violence due to…
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One of the biggest issues facing Multi-national Australian families is parenting arrangements and custody of children. The 2011 Census suggests nearly half of the Australian population has one parent who was born in another country. As Australia has one of the highest intermarriage rates and divorces in the world, this…
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How the Child’s View Affects Custody Disputes Before imposing an order, the Court will always consider what parenting arrangements are in the best interests of the child. In determining the best interests of the child, any views expressed by the child will be taken into consideration. During this process, the…
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The role of solicitors in Family Law proceedings may not be known the parties before commencing legal representation. In the case of Simic& Norton [2017] FamCA 1007, Justice Benjamin was critical of both parties’ solicitors, describing their actions as fuelling a negative culture of “bitter adversarial and highly aggressive litigation”.…
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Family Court and Vaccinations Whilst many couples have long, happy relationships, there are bound to be one or more serious points of disagreement when it comes to raising children. These issues become more relevant in circumstances where the couple has separated and have different views on how best to raise…
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Sentimental Value in Property Settlement In determining how the property pool is split, the Court has previously highlighted the difficult, and sometimes unique circumstances where one party may have sentimental value in an asset. In one particular case, the Husband of the proceedings was given 14 days to retrieve the…
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