21 Dec

Monitoring Spouses and Privacy

Monitoring Spouses and Ex-Partners: Skirting a Fine Line During a breakdown of a relationship or marriage, an individual’s life (both personal and public) are usually retracted from the other party. This can be a strange time for some people, as many parties spend years intentionally or unintentionally knowing the whereabouts…

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13 Dec

Equal Shared Responsibility and Major Long Term Issues

A typical parenting order made by the Court will involve equal shared parental responsibility. This essentially means that both parents are required to consult each other on the major long-term issues of the children which relate to the order. Whilst the definition of “major issues” is not meant to be…

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04 Dec

Domestic Violence and spousal visas

Family Violence in Property Matters The issue of family violence is current governed by both the Family Law Act 1975 (Cth) and the Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 (Cth). The recent amendments effectively change the Family Law Act to provide: Greater protection from harm…

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25 Nov

Do Children Decide Which Parent They Live With

When determining the living arrangement for children post separation, parents often wonder at what age can child decide who to live with themselves. It is important to understand there is no one standard age which must be met. The reality of this question is that each case is different. No…

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10 Nov

Driving Without a Licence

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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01 Nov

Binding Financial Agreements

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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25 Oct

Psychologist Involvement in Family Law Proceedings

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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18 Oct

Obligations and Rights Under Australian Anti-Discrimination Law

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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10 Oct

Criminal Law in Family Law Proceedings

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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01 Oct

Child Custody and International Law

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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