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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The international US story of a 34-year-old female teacher (Letourneau) who seduced one of her 12-year-old student (Fualaau) into a relationship raises clear questions as to how this situation would be dealt with under Australian Law. Letourneau originally pleaded guilty to two counts of felony second-degree rape of a child…
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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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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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Recovery, Respect, and Hope Offered by Traditional Court Alternative A successful initiative in the Victorian Magistrates Court is assisting drug-addicted parents to get their lives back on track and resume their role in their children’s lives. The Dandenong Drug Court, recently featured in television and print media, was introduced in…
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The YES Vote Wins! So where to from here, and what does it mean for same sex rights? It was an awesome sight to see how Australia stood still to hear the news that, we the people, voted in the majority to legally allow same sex couples to marry. The…
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Hang on. If you are in a relationship, does your partner have an interest? Unfortunately, the winning may not all be yours. How would the Family Court view it? A windfall can either be a sizable inheritance or a lotto win. In the eyes of the Family Court an…
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What should I do? What happens if a separation does occur. A separation has three elements; Either party or both intend to end the relationship; Either party indicates that intention to the other party and; One of the parties or both parties act upon that intention to end the relationship…
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If you have ever had a person serve you Court documents at your home or in public or you have ever had a legal letter sent to you out of the blue you know it can be an unnerving experience. Very often it catches you by surprise and elicits feelings…
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