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coercive, coercive control, domestic abuse, domestic violence, family violence, emotional abuse, financial abuse, gaslighting, homicide, intimate partner, relationship
27 Jun 2024

Coercive control is now a crime

Coercive control is a frequently hidden form of domestic abuse that includes physical, sexual, psychological, emotional and financial abuse of one individual by another. Figures show coercive control a significant problem The Bureau of Statistics figures on domestic abuse are shocking. One in four women and one in eight men have experienced domestic violence by […]
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adopted child, adoption, adoptive parent, challenge, estate, family provision, claim, Succession Act, Adoption Act, biological parent, biological child
30 May 2024

Can an adopted child challenge the will of adoptive parents?

Adoptive parent assumes all rights and responsibilities once child is adopted Under the NSW Adoption Act 2000, any adoption or order made by a court transfers all legal rights and responsibilities from the biological parent of the adopted child to the child’s adoptive parent. Further, section 95 states that the child has the same rights […]
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surrogate, surrogacy, parent, birth, mother, agreement, Surrogacy Act, parentage, embryo, donor, egg, sperm, conception, artificial insemination, IVF
01 May 2024

Is it legal to use a surrogate mother to have a child in Australia?

In Australia hundreds, if not thousands, of babies have been born as a result of surrogacy arrangements, where a person or couple arranges for a surrogate mother to bear them a child. Pope calls for a ban on “surrogate motherhood” The Pope recently placed surrogacy in the spotlight when he called for a worldwide ban […]
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divorce quickly, divorce, separation, de facto, marriage, married, Family Court, divorce order, property settlement, mediation, lawyer, marriage breakdown
10 Apr 2024

How quickly can I get a divorce?

One year of separation required before applying for divorce “I want to get a divorce as quickly as possible. What can I do to speed things up?” Many people want to get divorced as soon as they can, so they can move on with their life. But there are legal matters you should consider before […]
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bank of mum and dad, BOMAD, bank of dad, loan, gift, family loan, financial support, property, mortgage, cost of living, Centrelink, age pension, guarantor, borrowing capacity, credit score, security, documented, divorce, Deed, verbal agreement
19 Oct 2023

Trouble at the bank of mum and dad – the horror story edition on family loans

Unaffordable housing leads to reliance on bank of mum and dad As Australia continues to rank among the least affordable markets for housing globally, it is becoming increasingly difficult for young people and other aspiring first-home owners to buy a property. Consequently, the “bank of mum and dad” is as popular as ever. However, there […]
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superannuation, super, super fund, asset, will, estate, estate planning, super fund trustee, dependant, executor, beneficiary, death benefit, intestacy, SMSF
02 Aug 2023

Where does my superannuation go when I die?

The average amount Australians have in superannuation is $147,000. Many of course have far more, so it is important to make sure it is inherited by the person or persons you want to receive the benefit of your life’s savings. Is superannuation included in my will? The most important thing to remember about superannuation is […]
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break and enter, intruder, trespass, entry, premises, dwelling, lease, residential tenancy, agreement, lessee, indictable offence, intimidation, aggravation, corporal violence, Crimes Act, Crown, Court of Criminal Appeal, appeal, High Court, convicted, apprehended violence order
13 Jul 2023

High Court rules it’s not “break and enter” if the intruder’s name is on the lease

Ex-partner accused of break and enter In a recent case involving a break and enter charge, woman was terrified when her former boyfriend kicked down the front door, breaking three locks, forced his way into the apartment, shook her and threw her phone to the floor when she tried to call police. The two had […]
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disclosure, disclosure requirements, information, documents, family law, divorce, couple, separation, assets, liabilities, financial information, bank account, income, expenses, tax return, financial statement, credit union, parenting, employment, criminal record, parent, child
05 Jul 2023

Disclosure requirements in family law – what am I meant to provide?

Disclosure plays a critical role in family law proceedings in Australia. The term refers to the process of providing information and documents relevant to a case to the other party and the court. It is designed to ensure that everyone has access to the necessary information to make informed decisions and achieve a fair outcome. […]
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divorce doula, divorce, support, support person, client, coaching, paperwork, communication, conflict resolution, parenting plan, unregulated, unregulated profession, regulation, confidentiality, ethics
01 Jun 2023

What on earth is a divorce doula?

Going through a divorce can be a challenging, complex and emotionally draining process. In recent years, a new phenomenon has emerged to help people navigate divorce with support and guidance – the divorce doula. However, while the support provided may be invaluable from an emotional perspective, it is important to remember that divorce doulas are […]
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21 Apr 2023

Guilty or not guilty – could computers replace judges in a court of law?

Weighing up the pros and cons of a case, discarding irrelevancies, assessing the likelihood of statements being the truth or a lie… it’s all in a day’s work for a judge in a court. But could computers replace judges, if programmed correctly? Could a computer weigh the evidence and decide whether the defendant is guilty […]
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best interests of the child, parent, parenting, child, children, best interests, family law, Family Court, custody, custody dispute, parenting dispute, children's lawyer, child abuse, family violence
14 Mar 2023

Focus on best interests of the child in planned changes to family law

Australia’s family law is facing substantial changes under federal government plans to amend the 1975 Family Law Act, with the new Family Law Amendment Bill to put the best interests of the child at the centre. Best interests of the child to be central to family law system Attorney-General Mark Dreyfus has released for consultation […]
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declared dead, legally dead, deceased, missing person, missing, body, assets, will, remarry, presumed dead, presumed alive, natural disaster, mudslide, avalanche, disappearance, murder, misadventure, vanish
21 Feb 2023

Someone vanishes – how long before they can be declared dead?

Someone disappears. Years go by and they are still missing. There is no message, no letter, nothing to indicate whether they are still alive. No body is found. Families are in limbo. Can their partner legally remarry? When can the missing person legally be declared dead, their will enacted and their assets distributed? Can someone […]
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coercive, coercive control, domestic violence, homicide, physical violence, victim, survivor, financial abuse, verbal abuse, belittling, jealousy, threats, intimidation, police, criminalise, emotional abuse
30 Nov 2022

Coercive control to be a crime in NSW and Queensland

Both NSW and Queensland are expected to criminalise coercive control by the end of 2022 following parliamentary inquiries in both states. The move aims to strengthen measures to combat domestic violence, particularly as coercive control typically precedes intimate partner homicide. What is coercive control? NSW Attorney-General Mark Speakman said the government was consulting on introducing […]
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executors, will, probate, beneficiary, estate, disbursement, inheritance, affidavit, trustee, executor, funeral
27 Oct 2022

What exactly do executors of wills do?

What are the responsibilities of executors? Every will needs an executor to administer the deceased person’s estate, ensure the estate’s debts are paid and oversee the disbursement of any inheritances according to the will. Executors are also responsible for making funeral arrangements, which are paid out of the estate of the deceased. In some cases, […]
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dying without a will, testator, intestate, beneficiary, de facto, Succession Act, inherit, inheritance, superannuation, death benefit, CPI
12 Oct 2022

Your baby, your de facto, your ex – why dying without a will is a very bad idea

Dying without a will can lead to many problems for your loved ones in dealing with your estate and distributing your assets. It can be especially problematic if the person who dies without a will had a de facto, as well as children from a previous relationship. What is a will? A will is a […]
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loans to family, loan, gift, borrower, money, sum, asset, agreement, document, bankrupt
29 Sep 2022

Gifts and loans to family members

It is not uncommon for people to give gifts or loans to family members, whether it be money or assets such as property. However, there are some important misconceptions that the lender and the borrower should both be aware of before giving, lending, borrowing or taking. What is the difference between gifts and loans to […]
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DUI, drug dealing, criminal justice, sentencing, crime, penalty, Far North Russia, criminal offence, driving, under the influence, alcohol, PCA, drink driving, TORP, police, pursuit, Interlock
01 Sep 2022

Getting caught for DUI or drug dealing in Far North Russia

In Australia, driving under the influence (DUI) and drug dealing are treated very seriously. It is interesting to learn about other countries’ criminal justice systems and the differences in penalties and sentencing for such crimes. Sometimes, despite stark differences in countries’ values, cultures and criminal systems, the sentences are similar, while at other times they […]
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16 Aug 2022

Covid vaccination for children – who decides when parents can’t agree?

Objections to Covid vaccination for children on various grounds Covid vaccination for children has been a hotly disputed topic. What happens when one parent wants their child to be vaccinated against Covid-19 and the other parent is dead against it? They might be opposed because they don’t believe the vaccine has been proven safe for […]
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