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Explanations for Violent Behavior

Family Law March 14, 2016

Explanations for Violent Behavior

The committee spent a good deal of time reviewing what is known about why people behave violently. Much has been written on this complex subject and it was clear to us that we should beware superficial explanations. Bearing in mind that the risk of violence depends on the interaction of a number of possible factors, we identified what we regarded as the most significant of these. As far as the…

Have You Been Left Out Of A Will?

Have You Been Left Out Of A Will?

Don't lose hope just yet! Your lawyer may be able to help by what is known as a Family Provision Claim to the Court. (Traditionally these claims were known as ‘Testator & Family Maintenance’ Claims). The well-known Bosch Lecture Theatre at Sydney University is a monument to this area of law. Mr Bosch donated all of his considerable estate to the University of Sydney and left his family destitute. Unsurprisingly,…

Administrative Remedies

Administrative Remedies

There are three branches of Government, namely: Parliament; The Courts; and The Executive. Parliament writes the laws, the Courts interpret them and the Executive enforces these laws. Perhaps it is an influence of American Television that we are programmed the only way to resolve our legal problems is via litigation.  This is often the answer BUT sometimes taking a deep breath and a step back may lead to alternative pathways.…

Domestic Violence is now part of our Criminal Code

Criminal Law Family Law February 1, 2016

Domestic Violence is now part of our Criminal Code

Domestic Violence whether the perpetrator is male or female, directed against a partner or in the worst scenario against children, in any form is not acceptable in our community. Has the recent plethora of media attention supported or encouraged false claims to be made is another question. MEDIA EXPOSURE If one believes the media attention given to this issue there would appear to be an epidemic of domestic violence which…

Surrogacy: is it legal in Australia?

Articles Family Law January 12, 2016

Surrogacy: is it legal in Australia?

Altruistic surrogacy is legal, but commercial surrogacy is not. So none of the parents involved can make a profit from the arrangement. What happens if you enter into a commercial surrogacy arrangement overseas? The consequences back in Australia vary slightly from state to state, but certainly in Queensland it is a criminal offence and if you return to Queensland you may face a criminal prosecution. What do I need to do…

Joint Tenants v Tenants in Common

Family Law Property Law January 12, 2016

Joint Tenants v Tenants in Common

There are 2 Alternative ways to own Property in Australia: Joint Tenants v Tenants in Common In a Joint Tenancy all of the owners own the entire property. If one of them dies, the survivor(s) remain the owner of the property – it does not matter what any Will might say, until there is only 1 registered owner. In a Tenancy in Common, each owner has a defined share –…

Why do you need to make or review your Will?

Family Law January 12, 2016

Why do you need to make or review your Will?

In basic terms, if you do not make a Will then you have no control over what happens to your Estate when you die. In Queensland the Succession Act sets out what would happen, but that may be not what you expect or what you want. It also means that the process of administering your Estate will be likely to take longer and to be more expensive. If you consult…

What is a De-Facto Relationship?

Family Law January 11, 2016

What is a De-Facto Relationship?

There seems to be some common misunderstandings around what is the legal definition of a de-facto relationship. First of all there is no such thing as a common law husband or wife – you are either married or not. If you are not married to each other and you are not related by family, and you are living together on a genuine domestic basis, then you are in a de-facto…

QLD Registered Relationships Advice

Family Law December 16, 2015

QLD Registered Relationships Advice

Whilst the issue of marriage remains a matter for the Federal Parliament, the particular issue of whether or not to amend the legislation to permit same sex marriage remains a hot topic that has not so far seen any legislative change. The Queensland Parliament has not been so slow to move in this area. The state Parliament passed legislation in 2011, the Relationships Act 2011 (QLD) which enabled couples to…

Need a Lawyer this Christmas?

Family Law December 16, 2015

Need a Lawyer this Christmas?

Yes, its that time of year again when all those feelings and concerns suddenly reappear. Are you traveling overseas and forgotten to contact your Lawyer about updating your Will or Enduring Power of Attorney?  Do you have a Will at all? What about those family problems that always seem to become acuter at Christmas. Have you finally decided that 2016 will be the year that you do make good on…

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