If a married couple has separated and wishes to file for divorce, the Court must be satisfied that under section 48 of the Family Law Act 1975: The marriage has broken down irretrievably and there is no chance of reconciliation, The parties have separated for at least 12 months, and If there are children of […]
Category: Blog
FAMILY CONTRIBUTIONS, WINDFALLS AND LOTTERY GAINS
In a divorce or a breakdown of de-facto relationships, often disputes arise about property. The parties to the dispute can either come to an agreement about the distribution of the property or can make an application to the Court to determine the dispute about division of the matrimonial assets. Section 4(1) of the Family Law […]
APPREHENDED VIOLENCE ORDERS IN NEW SOUTH WALES
WHAT IS AN APPREHENDED VIOLENCE ORDERS? An Apprehended Violence Order (AVO) is an order made by the Court to restrict the defendant from contacting or from doing certain things to the applicant or the Person in Need of Protection (PINOP). There are mainly two types of AVO’s, they are: Apprehended Domestic Violence Order (ADVO) Apprehended […]
WHAT CAN YOU DO IF YOU HAVE RECEIVED A REDUNDACY LETTER FROM YOUR EMPLOYER?
The current pandemic has caused several businesses to change the way they conduct their business. While some have shut down, others have restructured their teams. It is but natural in such restructuring for some jobs to be made redundant. If you have received a redundancy notification letter from your employer, you might have a case […]
Mid Range Drink Driving Law and Penalties in New South Wales
A 21-year-old off-duty Sutherland Constable was driving a BMW involved in a six-car crash in Princes Highway at Blakehurst. It was alleged that the Constable underwent a breath test which resulted positive and allegedly, a reading of 0.126. The Constable was subsequently charged with driving with a mid-range PCA. The Constable’s licence has been suspended […]
Escaping Police Pursuit
As reported by NSW Police News, a 48-year-old man was charged after allegedly ramming a police vehicle in Padstow, Sydney in late July 2020. Bankstown Traffic and Highway Patrol officers witnessed a person driving a Nissan Patrol utility on the road who allegedly drove over the median strip and onto the opposite lane. The officers […]
Pimples are not an excuse to disobey mandatory mask wearing laws in Victoria
The Victorian government has implemented the rule that all Victorians must wear a face covering when they leave home, no matter where they live. The rule came into effect from 11:59pm on Sunday 2 August 2020 due to increasing concerns about the number of COVID-19 cases in Victoria. The government has stated that wearing a […]
How do courts consider blood alcohol content for the purpose of sentencing in dangerous driving occasioning death?
The New South Wales Court of Criminal Appeal in its recent judgment in the case of Rummukainen v R [2020] NSWCCA 187 (Rummukainen) has held that for the purposes of sentencing the guilty for the crime of dangerous driving that occasioned death, it was not an error for the sentencing judge to take into account […]
Break and Enter Laws in NSW
A man armed with a knife forced a bread delivery man to access Allonby Avenue supermarket cash registers to obtain cash prior to forcing the delivery man to withdraw cash from an ATM. The armed man then took the delivery man into a stolen Suzuki Swift and drove to the Lake Albert road ATM to […]
How International Family Law disputes can affect your rights in Australia
Recent case overview: Bant & Clayton (No.2) [2019] In this case, Mr Bant (“husband”) and Ms Clayton (“wife”) were married in Dubai under Sharia Law and the couple lived in both Australia and Dubai. After separating, the husband eventually obtained fault-based divorce from a Dubai court which had the effect of ending his wife’s rights […]