Proposed Smoking Ban and the Effect on Queensland Sydney council has proposed a smoking ban in the second-largest CBD, essentially creating the first national-first smoking ban. The North Sydney council members hope to reduce the current smoking rates by as much as 50% in the coming months, with hopes to…
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Is Drink Driving Only Applicable For Cars? Nope! If you are caught drink driving, there is a strong chance the vehicle will either be a car or motorcycle. These two categories of transport form approximately 98% of current drink driving charges in Queensland. However, these are not the only forms…
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At one point or another, everyone has thought about the possibility of winning the lottery. But what happens to the lottery winnings if you are currently in a marriage? The case of Elford & Elford, the court heard an appeal in relation to property settlement at the end of a…
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The term ‘adoption’ refers to the process of transferal of legal rights and responsibilities of parenthood from one set of parents to another. This includes both the process of adopting a child into a family and, those parents who wish to place their existing child into adoption for various reasons.…
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Before obtaining approval for a child’s 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 it to receive consent from the other parent. However, this will not…
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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,…
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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…
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In the last five years, the High Court of Australia has heavily criticised sentencing principles which 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…
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Congratulations! We’ve almost made it!! It’s the end of another big year in Brisbane Family Law and we are sure you will all agree that the years are coming and going as fast as ever. Time flies when you're having fun! In the last few weeks of the year, we…
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For a will to be valid and binding in Australia, the testator (the person making the Will) must have testamentary capacity at the time the Will was created. Testamentary capacity occurs when the testator is of sound mind and must understand: The nature and effect of the Will; What encompasses…
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