Conveyancing Services in Blacktown
Conveyancing refers to the legal process of transferring propertyownership from one person to another. The legal process requires the buyer and the seller to engage in a coordinated step-by-step process. Purchasing or selling a property is an exciting experience however it can also be very daunting. As a buyer, you carry the burden of ensuring […]
Domestic Violence and Property Settlement in Family Law Proceedings
If you have suffered domestic violence during your marriage, this may have an impact on the alteration of your property rights in family law proceedings. Part VIII of the Family Law Act 1975 (Cth) (the Act) provides a mechanism for parties to alter property rights that would otherwise apply under common law and equity. When exercising its discretion under section 79(4) […]
WHAT ARE THE TRANSFER/STAMP DUTY BENEFITS THAT APPLY TO FIRST HOME BUYERS?
Purchasing your first home or apartment may be considered a daunting process if you have not engaged with the conveyancing process before. However, the NSW government has introduced incentives for first home buyers to get their foot in the door with benefits like a reduction or exemption to transfer duty. TRANSFER DUTY REDUCTION AND EXEMPTIONS […]
DRINK DRIVING IN NSW
Drink driving is a very serious offence in New South Wales.The court do not show leniency to this type of offence even if it Is your first time in court. On the 20th of May 2019, new laws were introduced that imposed more stringent and harsh penalties on drink drivers. Interlock programs are often imposed for […]
Non-Disclosure of Assets in Family Law Proceedings
Each party to a case has a duty to the Court and to each other to disclose all information relevant to the case. Specifically, rule 13.04 of the Family Law Rules 2004 requires parties to make ‘full and frank’ disclosures of their financial circumstances including: In addition to the Family Court, parties to a case in the Federal […]
Partner Visa Application and Domestic Violence
If you are a visa applicant who has been the subject of relevant family violence, you may be able to remain in Australia by virtue of the Special Family Violence provisions within the Migration Regulations 1994 (Cth) (the Regulations). What is ‘relevant family violence’? ‘Relevant Family Violence’ is defined within the Regulations to mean conduct, whether actual or threatened, that causes […]
Assault
Assault is considered a serious crime in Australia because it is an act of violence against an individual. The type of assault you are charged with will depend on the act itself, the severity of the injury sustained and other circumstances including intent and recklessness. The severity of the punishment of Assault will depend on the offence, the […]
How are initial contributions considered in property settlement?
There are several considerations that the Court looks at when dividing assets, liabilities and financial resources from either a matrimonial or defacto relationship in order to reach a settlement that is just and equitable. The court weighs up the indirect and direct contributions of each party which are financial and those that are not, including contributions […]
Can video or audio recordings from changeovers be adduced into evidence in Family Law Proceedings?
The recent case of Coulter & Coulter No.2 (2019) FCCA 1290 determined that it is in fact a possibility, dependent on the circumstances of the particular case. THE CASE A mother who was experiencing domestic violence set up hidden video and audio recording devices to record the father of her children during changeovers at her home. These […]