Tag: Domestic Violence

No Need to Prove Fault for Divorce [caption id="attachment_18170" align="alignright" width="350"] No fault divorce[/caption] Despite what you may see on television shows, movies or in the media, there is no need to prove that a party to a marriage was ‘at fault’ for a relationship breakdown. It is a common misconception that if one party’s behaviour contributes to the relationship breakdown, the other spouse will receive a more favourable outcome in the property settlement or parenting arrangements. Put simply, the...

Domestic violence is a pervasive issue that affects individuals, families, and communities across the world. In Cairns, Queensland, the impact of domestic violence is profound, leading to significant physical, emotional, and psychological harm. This blog post aims to provide an in-depth understanding of domestic violence, the legal framework surrounding it in Queensland, and the available family law resources for victims in Cairns. What is Domestic Violence? [caption id="attachment_18117" align="alignright" width="350"] Domestic Violence[/caption] Domestic violence, also known as family violence, encompasses...

The rise in domestic violence incidents, exacerbated by increased media coverage, has provoked significant political response. Governments, recognising the urgency of the issue, have initiated a series of measures aimed at addressing and mitigating domestic violence. These actions reflect a multifaceted approach that includes legislative changes, increased funding for support services, and public awareness campaigns. The political momentum has also influenced judicial practices, particularly concerning domestic violence orders (DVOs). Political Reaction In response to the surge in domestic violence cases,...

The Leaving Violence Program The Government has established a new scheme whereby $925.2 million is being invested over five years to permanently establish the Leaving Violence Program. The purpose of this program is to help those escaping domestic violence, ensuring that they receive financial support, safety assessments and referrals to support pathways. Those eligible will be able to access up to $5,000 in financial support along with referral services, risk assessments and safety planning. [caption id="attachment_18013" align="alignright" width="350"] Leaving Violence...

Family law matters are often emotionally charged and complex, requiring careful consideration and professional guidance to navigate successfully. In Far North Queensland, specifically in Cairns, there are various legal services available to assist individuals and families facing challenges in areas such as divorce, child custody/living arrangements, and property settlement. This blog aims to shed light on the diverse range of family law services in Cairns, empowering residents to make informed decisions during difficult times. Divorce and Separation [caption id="attachment_17879" align="alignright"...

In Queensland, there are various ways in which separated parents can formalise parenting arrangements. Each method will vary depending on the facts of your individual circumstance and this blog aims to refine the pros and cons of each option. Definitions [caption id="attachment_17814" align="alignright" width="350"] Parenting Arrangements[/caption] Before we begin outlining the different approaches, it is useful to understand the following terms which are central to parenting matters in Queensland: Presumption of equal shared parental responsibility When making a parenting order,...

Cairns, nestled in the tropical paradise of Queensland, is a city that embraces cultural diversity. However, like any other community, it faces challenges, including the risk of international child abduction. In this blog, we delve into the legal recourse and prevention measures available to families in Cairns to address the complex issue of international child abduction. Understanding International Child Abduction [caption id="attachment_17733" align="alignright" width="350"] Child Abduction in Cairns[/caption] International child abduction occurs when a child is wrongfully taken across borders...

Domestic violence is a pervasive issue that affects countless individuals and families worldwide, including Cairns, Australia. Fortunately, the legal system in Cairns offers protection measures to safeguard victims of domestic violence. In this blog, we will explore domestic violence and protection orders, their significance, and the steps to obtain them in Cairns. Understanding Domestic Violence in Cairns Domestic violence refers to a pattern of abusive behaviour used by one partner to control another within an intimate or family relationship. It...

Domestic violence is a deeply concerning issue that affects countless individuals and families across the world. In Cairns, Australia, this problem is no exception. However, the good news is that there are numerous resources and support systems available to assist victims of domestic violence. Outlined below are some of the essential resources and organisations that provide assistance and hope to those most in need. Queensland Police Service [caption id="attachment_18076" align="alignright" width="350"] Domestic Violence Resources for Victims[/caption] In emergency situations, the...

Nestled in the tropical paradise of Queensland, Cairns is a vibrant city that boasts not only breathtaking natural beauty but also a dynamic legal environment. In this tropical haven, legal services play a pivotal role in ensuring that justice is served to its residents. One crucial aspect of this legal landscape is town agency lawyer services. This blog will delve into the role of our town agency lawyers in Cairns, especially their involvement in matters that may require appearances at...

Domestic violence can affect anyone, regardless of their gender. Male victims of domestic violence in Cairns, Australia, often face unique challenges when seeking help and support. In this blog, we will provide a list of resources available to male victims in Cairns, including helplines, shelters, support groups, and legal assistance, to help them break free from the cycle of abuse and find the support they need. DV Connect [caption id="attachment_17599" align="alignright" width="300"] Male Victims of Domestic Violence in Cairns[/caption] DV...

Domestic violence is a pressing issue worldwide, including in Cairns, Australia. It is crucial to recognise that the cycle of abuse can only be broken if perpetrators seek help and rehabilitation. This blog aims to outline resources available in Cairns for individuals who have engaged in domestic violence and want to address their behaviour, make amends, and lead a healthier life. Men's Referral Service (MRS) [caption id="attachment_17532" align="alignright" width="300"] Domestic Violence Cairns[/caption] The Men's Referral Service is a national service...

Resources for Perpetrators of Domestic Violence in Brisbane Domestic violence is a pervasive issue that affects countless lives, leaving a trail of physical and emotional scars in its wake. While much attention is focused on supporting victims, it is equally essential to address the root of the problem – the perpetrators. Recognising the potential for change, several resources are available to help individuals who have engaged in domestic violence to break the cycle of abuse and learn healthier ways of...

The Kennon Principle- Kennon & Kennon [1997] FamCA 27; (1997) FLC 92-757 (“Kennon”). Violent Conduct & The Effect On Property Issues. [caption id="attachment_13897" align="alignright" width="350"] Violent Conduct & The Effect On Property Issues[/caption] Where there is a course of violent conduct by one party towards the other during the marriage which is demonstrated to have had a significant adverse impact upon that party’s contributions to the marriage, or, put the other way, to have made his or her contributions significantly more arduous than they ought to...

Can you use secret audio recordings in family law? As technology continues to evolve, it is becoming more common for clients to ask whether they can use secret audio recordings in their family law matters. Before you consider recording your conversation with the other party, there are several important factors that you need to consider, including: Whether the recording is legal to make in Queensland; Whether a Court will allow the recording to be used as evidence; and  Whether you...

The infamous defamation trial instigated by Johnny Depp against his ex-wife Amber Heard has concluded, with Mr Depp being awarded $15 million in damages. However, punitive damages cannot exceed $350,000 in Virginia meaning that Johnny Depp will receive a total of $10.35 million. Separately, the jury ruled in favour of Amber Heard on a countersuit of defamation, with Ms Heard being awarded $2 million in damages. According to Michael Bradley of Marque Lawyers, the trial was conducted “like a circus”....

What is coercive control in Queensland? The Queensland Government has announced that the State will introduce legislation to make coercive control a criminal offense by the end of 2023. The overhaul of laws and practices to better protect Queenslanders from domestic and family violence and hold perpetrators to account also includes: New programs to recognize and prevent coercive control; Commission of Inquiry into police responses to domestic and family violence; Expansion of the Domestic and Family Violence Courts; Better support...

Domestic and Family Violence Turns Deadly Recently the Brisbane suburb of Logan mourned the death of Father and Nurse/Care Manager Stanley Obi aged 33 who died at the hands of his ex-partner and mother to his children, Sarah Mudge aged 31. Ms. Mudge is reported to have broken into Mr. Obi’s home, doused him and his girlfriend in petrol, and then set the house alight. Fortunately, the 3 children managed to escape the burning house but sadly both Mr. Obi...

Over the past few years, criminal law and family violence have increasingly interconnected with family law and child protection matters.   At times family law matters, especially when involving children, can often reveal the complexities within a family, and therefore it is not uncommon for these complexities to also include some criminal elements which in family law can also be considered family violence.  It is important to understand that this does not necessarily mean that the criminal elements/family violence are due...

Domestic Violence in Australia & Property Matters The issue of family violence is currently governed by both the Family Law Act 1975 (Cth) and the Family Law Legislation Amendment (Domestic Violence in Australia and Other Measures) Act 2011 (Cth). The recent amendments effectively change the Family Law Act to provide: Greater protection from harm when determining the child’s best interests; Changing the definition of ‘Family Violence’ and ‘Abuse’ to reflect a modern understanding of the terms; Providing a wider scope...