Can A Child Choose Which Parent They Live With

At What Age Can A Child Choose Which Parent They Live With?

by Family Law

With any divorce where there are children involved, there are bound to be dozens of questions that each parent will be asking their own individual family lawyer.

There will be questions about who the children live with primarily, as well as those related to visitation, child support, and other aspects of their upbringing. In most cases, as a result of the Family Law Act, it will be assumed that each parent has equal and shared responsibility for their children.

This means that although the children might live day to day with their mother, both she and their father will be expected to discuss and agree on any of the major decisions that need to be made on behalf of their children.

These decisions will include which school they attend, anything relating to their health, including major procedures, their education with regards to religion and culture, plus other matters like them travelling overseas.

Unfair Dismissal

Under What Circumstances Can I Make a Case for Unfair Dismissal?

by Employment Law

Australian employment laws are quite tough, which means that employees are well protected against unfair dismissal. Basically, the law requires that an employer complies with the terms of your contract when terminating your employment. If a contract hasn’t been signed, there are a few umbrella rules that have to be followed.

On top of this, it’s illegal to fire someone based on their gender, race, ethnicity or any other discriminatory factor. Employers who fire someone in a way that could be considered discrimination could be subject to major legal action.

In the rest of this article, we’ve looked at some of the most popular forms of unfair dismissal and what you should do if your employment has been terminated illegally.

What Is Unfair Dismissal?

To put it simply, unfair dismissal refers to any situation when an employee feels that they’ve been unfairly released from employment or forced to resign due to their employers actions. All unfair dismissal cases are heard by the Fair Work Commission in Australia. Some of the most common example include:

  • When you’ve been fired abruptly without serious consideration of the consequences. In recent years, a lot of unfair dismissal cases are centered on an employee’s social media conduct.
  • If you’ve been fired due to poor performance or issues with your work that you weren’t aware of. A company needs to ensure you’re aware of problems and give you the opportunity to fix them before dismissing you.
  • Dismissal due to racial or religious prejudices, although these claims often fall under discrimination laws.
Cohabitation Agreements

5 Legal Considerations You Should Keep In Mind When Starting A Business

by Commercial Law

Starting a new business is a big step in anyone’s life. For most people, it involves significant financial outlay, huge time commitments and, when it’s not done right, a lot of stress. Thankfully, there are some things that you can do to streamline the process and make things easier on yourself.

For one, you can speak to a commercial lawyer to make sure that you’re taking into account your legal obligations. These vary according to the type of business you’re building and how you’re planning on running it. But, I’ve outlined a few important things that you should keep in mind in this article. They include:

  1. Your business structure

It’s very important to think carefully about what sort of business you want to run and how you want to structure it. Different business structures come with different tax structures, liability levels, and ongoing control. Common business structures in Australia include:

  • Sole trader, where you’re personally liable for your business and its income is reported as part of your tax return.
  • Partnership, which is similar to a sole trader, but which involves the profits and losses of the business being shared between two or more people.
  • Trust, which involves a third party being in control of the business.
  • Company, which is a separate legal entity and which declares its own income for taxation purposes.
Starting A Business

What Are Cohabitation Agreements And Are They Useful?

by Family Law

Choosing to move in with your significant other is a big step, even if you’re not married. Problems can pop up, and it’s important to protect yourself against these, even if you don’t think that they will arise. Speaking to Robinson Lawyers, can help you make sure that all your bases are covered, but I’m going to run through one important document in this article – the cohabitation agreement.

What is a cohabitation agreement?

Basically, cohabitation agreements are legal documents which protect both members of a couple from unnecessary legal and financial complications if their relationship breaks down. Without an agreement, a broken de facto relationship can become messy to the point where it’s treated like a divorce in many cases.

Fortunately, cohabitation agreements allow couples to live together in much the same way as married couples without a lot of the complications. They let couples do things like apply for mortgages, get joint bank accounts, and make important life decisions together without too much risk.

In many ways, a cohabitation agreement is like a prenuptial agreement, allowing each member of the couple to protect their assets and their finances.

Divorce and Insurance

Insurance Policies and Divorce & What You Need to Know

by Family Law

One topic couples often forget according to Davies & Co Lawyers is when making the decision to end a marriage are the insurance policies they owned or purchased during the marriage.  In the upheaval of a divorce, child custody issues, choosing a family lawyer and property division, it’s important to remember these important assets.  Each party should look carefully at the cash value of the policies and who are designated as beneficiaries.

What type of policies should you be looking for?

Health and Life Insurance:  The most important are life and health insurance because they are the policies most commonly involved in child support and alimony orders from the court.

Disability:  A close second in importance is disability insurance, although it’s less commonly a part of a divorce order.

Homeowners:  Homeowners (sometimes known as “hazard” or “liability”) insurance, as well as renter’s insurance, is important to account for because it safeguards the parties residences which are often the major assets in a divorce.

Automobile:  Finally, auto insurance is not only required by every state but also important to maintain as vehicles also become important in a division of assets.

A few definitions may also help when reading a policy:

Insured Party: this is the person whose life or property is the subject of an insurance policy.

Policy Owner: this is the person who owns the policy, and not necessarily the insured party.  An example might be parents who own a life insurance policy on a child.  The policy owner is the parent and the child is the insured.

Divorce Proceedings

Stressed over Divorce Proceedings?

by Family Law

Seek Assistance from Experienced lawyers

Divorce can be difficult to cope with both emotionally and financially and this is especially true if your partner was the dominant one who organised and handled everything in general. As top family lawyers Robertson Hayles suggest, opting for legal guidance can help you feel confident and empowered in the traumatic consequences of divorce. Each divorce is associated with its own unique challenges and some of the most common ones include financial settlements, custody of children, parenting orders, custody of pets and settlement of property.

It is probably a good idea to invest in affordable legal services to help resolve your problems instead of haggling over a few dollars here and there. In many cases, divorce tends to affect women more than men as career takes second place for many after marriage. Even when you get back to work after a few years, you may have missed many important career opportunities. Therefore, women often tend to be secondary bread winners. However, even if you have been in control of your career and finances, divorce proceedings prove to be expensive and whittle away at your hard-earned savings and monies.

Partnership Agreement

Potential Legal Implications with Partnership Agreements?

by Commercial Law

Water-Tight Contracts can help protect you from Unexpected Litigation

Written agreements are crucial to the success and future of every type of business. Regardless of whether it’s a local business or a large international corporation, legal business contracts can help enforce court action. Commercial lawyers like Rowe Bristol are trained to help a broad spectrum of clients with formulation of tracts, negotiation and protection from litigation. Seeking legal advice can help ensure that the commercial agreement covers every potential situation and challenge. Whether it’s a one-page agreement or a complex contract involving several pages, corporate lawyers can help formulate agreements that are clear-cut, purposeful and comprehensive.

Commercial lawyers offer a wide range of services that involve protecting their clients from exposure to risk. Some common services offered include:

  • Offering professional guidance with regard to business agreements covering agency, franchise , distribution, hire purchase or lease, vendor-business agreements and purchase/sale of goods and services and so on
Cost of Divorce

Reduce the Costs of a Divorce

by Family Law

Experienced family lawyers can help make the emotionally and financially draining process of divorce easier on you and your loved ones. Divorce is granted on different grounds including adultery, abuse, cruelty and so on and may also be granted on a ‘no fault’ basis. However, Australian courts may often require the spouses to live apart for a specific period before the marriage is legally dissolved. A reliable divorce lawyer proves useful while determining if your partner is at fault by examining the circumstances of the divorce. If the fault is proved, you may be entitled to higher levels of spousal support.


In certain cases, the marriage may not have been legally recorded, or the spouses may have overlooked important details. In such cases, the divorce lawyer will help you understand if annulling or voiding the marriage is a simpler solution than applying for a divorce. It’s helpful to discuss these aspects with your lawyer as you can gain insights into the best options available to you. Divorce proceedings are often driven by irrational behaviour, unreasonable demands and poor communication which makes it an expensive and lengthy process. You lawyer can help you understand the pros and cons of decisions by explaining important issues. This could include child custody, spousal support, division of shared assets and so on. You will be in a position to make rational decisions based on mutual convenience for short and long term.

Family Law Act

Legal Complexities and Problems of Part VII of the Family Law Act

by Family Law

Part VII of the Family Law Act provides that it is impossible for a child to have more than two parents. Both the Commonwealth and State laws do not contain specific clarifications on the issue in question. To that end, it is essential to explore how the judges approach this problem. Specifically speaking, the court in Groth & Banks ascertained that the fact that a child has two parents who are his or her biological progenitors permeates the language of the Act.[1]

The primacy of biology in the ascertainment of who is a child’s parents has been displaced for many years by reason of various State and Commonwealth laws reacting to the challenges of artificial reproductive technology. However, it is also pointed out that the language of Part VII provides an insufficient recognition of the realities of certain modern families. Possible complexities and questionable matters may arise in cases where children are born from an assisted conception procedure. The issue of whether it is in the best interests of the child to spend time with a person is separate from the legal recognition of that individual as a parent.

Criminal Offence

2 Elements of Criminal Offence

by Criminal Law

The advice of criminal lawyers should be sought in any case where a serious offence has been committed. Even if the crime was not a serious one, having a lawyer to advise you will ensure the best result can be obtained. Most lawyers will tell you there are two elements to any criminal offence.

Prohibited conduct. This includes such things as robbing a bank, murder, assault and so on. Most people understand that there are certain types of conduct that will cause harm to others and that are against the law. Anyone who performs such conduct must be punished. If you do get charged with assault or another serious crime, you will need an experienced lawyer/ However, that brings us to the second element.

The mental element of a guilty mind or intention to commit the offence. The same offence, criminal lawyers say can be committed by a person without the intention and they can get off without punishment. For instance, if you struck someone accidentally, you would not be guilty of assault because the element of intention to strike was not there. Furthermore, if you acted in self defence, that would give you a lawful excuse for the action so you may not be charged, or punished, even if you did hit them.

Surrogacy-Law

Surrogacy and Parentage Under the Family Law Act

by Family Law

Surrogacy and parentage constitute two facets of Australia’s Family Law Act that require additional clarification, interpretation or possible reconsideration. To start with, specific sections of the Family Law Act are proposed to regulate various matters related to surrogacy and recognition, such as the recognition of parental status stemming from the use of surrogacy, etc. However, the wording of the statutory provisions does not always make it clear whether a certain part of the Act has application to a particular surrogacy related matter. In this connection, it is often vital to have recourse to case law.

The conventional definition of surrogacy under Australian case law is that it is an arrangement whereby a woman, the surrogate mother, consents to bear a child for another individual or couple. There is a wide range of legal forms of surrogacy under Australian law. Thus, ‘genetic’ or ‘partial’ surrogacy pertains to the engagement of the surrogate mother’s egg and the intended father’s sperm. On the other hand, ‘gestational’ or ‘full’ surrogacy means agreements whereby the surrogate mother does not provide her own genetic material for the purpose of conception.

Starting A Business

Starting a Business? Protect Yourself!

by Commercial Law

So, you’ve decided to start your own business, congratulations!  You’re on your way to a fantastic experience as you build a successful enterprise.  Here are a few key tips, documents, and warnings from commercial lawyers and someone who started their own $10 million dollar software company.

  • Protect Yourself. Business is a risky proposition, and starting your own enterprise can put you at tremendous financial risk.  Fortunately, the law provides a way to protect your hard work and safeguard your personal assets, should anything go dramatically wrong in your business.  The entity I’m describing is a corporation, or limited liability company.  Both of these constructs allow you to run a business but shield yourself from liability.  It’s important to do several key things:
  • Corporate ‘formalities’: You can’t start a corporation and then pretend it doesn’t exist, you have to run your business and maintain what commercial lawyers call “corporate formalities” – meaning you have to hold regular managers or shareholder’s meetings, and in all ways act as if it’s the company doing business, not you.
Estate Plan

Getting Your First Estate Plan Set Up

by Estate Planning

Estate plans are often used in place of wills, as they provide a more flexible and comprehensive arrangement when it comes to dealing with your assets after your death. Many people don’t realise how important and beneficial estate plans can be, and therefore simply ignore them. However, setting up an estate plan could be a good idea for you and your family. Speak to an estate planning lawyer today to find out how you can set up your first estate plan.

Step 1: Find Help

The first thing to do when it comes to estate planning is to find help from an estate planning lawyer. This will allow you to easily navigate all of the complexities and intricacies of drafting your first estate plan. A good legal professional will make sure that you don’t leave out important information, and will help you develop a plan which benefits your family as much as possible.

Step 2: Draft Your Plan

Drafting your first estate plan is probably the most difficult step, and it needs to be done with the help of an estate planning or wills  lawyer. High quality estate plans will cover every aspect of your life, and will closely detail what happens to your assets after you die.

Protective Order

Two Ugly Words: Protective Order

by Family Law

One of the most common requests among family lawyers is the demand a protective order.  The reasons are as diverse and colorful as you can imagine.  Often a spouse wants to retaliate against the other after being served with papers.  Sometimes, papers aren’t even filed yet and a spouse discovers infidelity, or financial problems, etc.  The important thing to remember is that just because you want one doesn’t mean a court will grant a protective order.

Some Housekeeping Items:

There are many different flavors of ‘restraining’ or ‘protective’ order and it’s important to distinguish between them because each has different requirements and consequence and you don’t want to argue for something you don’t want or need.

Let’s focus on the most common type of order in divorces: Emergency Protective Orders.  This is a legal document that protects a victim of abuse who is also in a close relationship to the abuser.  Who can get a protective order?  Jurisdictions vary but in general you must satisfy the following requirements:

Shareholder Agreements

Why Are Shareholder Agreements Important?

by Commercial Law

Shareholder agreements are a vital part of a company’s structure. They outline the agreement between the shareholders – the people who invest their money in a company – and the company directors – the people who decide how to spend this money.

While shareholder agreements can be complex and somewhat difficult to set up, it is important to realise that they are extremely important. They need to be drafted with the help of high-quality commercial lawyers to make sure that they are error free and that they encompass the necessary information, and they need to be treated like the important legal document that they are.

Some of the main reasons why shareholder agreements are important include:

  1. They minimise the potential for shareholder disputes

Shareholder disputes can be costly, drawn out processes which can reduce the productivity of a company. They often require the assistance of a team of commercial lawyers to achieve resolution, and this can take a long time.

Shareholder agreements reduce the chance of shareholder disputes happening. They outline everything that the shareholder needs to know, and they provide a framework for the company to follow. While they won’t eliminate the risk of a dispute, shareholder agreements can greatly reduce it.

Broken the Law

Have You Broken the Law?

by Criminal Law

Some people are criminals because they break the law wilfully and deliberately, however, there are many people who would not dream of breaking the law, but in fact have done so without realising it. In some cases they’ve even done it on purpose, but because it is considered ‘minor’ and they didn’t get caught, they think of themselves as law abiding citizens. Criminal lawyers would tell them that they are actually law-breakers.

Have you broken the law? Here are some laws you may not have heard of.

  • When you move into a new rental, your letterbox is jammed with the previous tenants mail. You may take it back to the Post Office at first, then you get sick of doing that and throw it away. You may even open some of it. Opening or destroying other people’s mail is against the law.
  • When you beep the horn and wave to your neighbour, you are breaking the law, which states that it is an illegal use of a warning device. Fine? $250 and 3 demerit points off your licence.
  • Did you stick your arm out of the car or even rest your elbow against the window? That too, is an office, punishable by the same as the above crime.
Shared Property

How To Deal With A Shared Property During A Divorce

by Family Law

Divorces are messy things, no matter how carefully they are planned. Even in couples who agree to go carefully so that they don’t hurt their children and so they can move on with their lives, property disagreements are common. Often, family lawyers need to be called in to mediate problems and to help the couple split their belongings fairly in court if needed.

Think about things ahead of time:

The easiest thing to do is undoubtedly to have paper agreements put into place during your marriage. For example, if one partner in the relationship puts the majority of the money into buying a house, then this should be written down and signed by both parties (under the watchful eye of a family lawyer of course). This document could then be used in a divorce court to make sure that and property divisions are done fairly and without bias.

Domestic Violence

What To Do If You Are A Victim Of Domestic Violence

by Family Law

Domestic violence is a problem which, unfortunately, affects thousands of Australians every single year. Many cases of domestic violence go unreported and unpunished, as victims feel that they were somehow at fault, or that the perpetrator made a mistake and won’t do it again.

Unfortunately, this can be a long, slippery slope. Many people get stuck in a cycle where domestic violence becomes a part of their daily life. Although they could escape with the assistance of good family lawyers, a lot of victims don’t realise just how much help is out there for them.

The First Steps

The first, and most important thing when it comes to dealing with domestic violence is talking to someone. Find someone that you trust – a family member or a best friend – and tell them what is happening. If you don’t have anyone who you feel comfortable talking to, find a reputable family lawyer. You will be able to confide in them with confidence, and they will be able to direct you and explain what you need to do next.

Commercial Property

What Are Your Legal Requirements When Leasing A Commercial Property?

by Property Law

Businesses across the world lease commercial premises to operate in every single day. Unfortunately, many of these lessees don’t understand the legal requirements that come with leasing a property. Before entering into a commercial property lease agreement, you should consult a property lawyer to make sure that you fully understand your obligations and the requirements of your new business lease.

With that in mind, what are some of the most common legal requirements when leasing a commercial property?

You must complete the relevant paperwork:

Both the landlord and the lessee must complete a range of paperwork when entering into a commercial lease to make sure that the lease is valid (and that it remains valid). Obviously, a written lease has to be drafted in accordance with the lease terms that both parties have agreed on, and it is important that you read a lease carefully before signing it. If you are unsure about your legal requirements in terms of paperwork before and during a lease, consult a property lawyer.

Obviously, you can’t conduct illegal activities:

This should go without saying, but you can’t conduct illegal activities on a leased property. Not only will this get you into trouble with the courts, but it will also be a reasonable cause for your eviction. If you get evicted due to illegal activities, you will have no legal protection whatsoever.

Property and Financial Issues

Property and Financial Issues After Separation

by Family Law

Legal effects of separation on proprietary and financial relationships between the spouses

As a matter of fact, separation necessitates dealing with a wide spectrum of proprietary and financial issues that stem from and are related to marriage. Specifically speaking, it is usually incumbent on the spouses to handle division of their property (assets) and debts. Australian law prescribes various means by which spouses can accomplish such division. First and foremost, spouses, to the same extent as de facto partners, are entitled to come to an agreement on how the property should be divided without having any recourse to court. Second, if the spouses arrived at a mutually acceptable conclusion, they can formalise their arrangement by filing an application for a consent order in the Family Court. Third, as an alternative, if the spouses are unable to reach a consensual arrangement, they may apply to a court for a financial order, such as the order pertaining to the division of property and payment of spouses or de facto partner maintenance.

Under Australian law, both the Family Court and the Federal Circuit Court are authorised to render orders in relation to financial matters following the breakdown of eligible de facto relationships. In like manner, the aforesaid courts have jurisdiction to make similar orders in cases where the parties are married, not separated. Previously, financial disputes between former de facto partners were usually decided by state and territory courts via the application of the law of the respective state or territory. Talking about superannuation, the superannuation splitting law recognises superannuation as a different group of property. This law allows separating spouses to value their superannuation and split superannuation payments, though such procedure is not mandatory.