Family Law- Children and Criminal Responsibility
Date: January 13, 2012
Authors: Angelita Manlangit LL.B.
Although difficult to fathom, we cannot deny the fact that children as young as 10 years old are capable of committing a crime. The Australian legal system acknowledges that children require special attention, consideration and protections. As a result, a number of legislations and common law particularly deal with children and young people and how they ought to be treated in the criminal justice system.
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10 years old – No criminal responsibility
Section 5 of the Children (Criminal Proceedings) Act 1987 state that “no child who is under the age of 10 years can be guilty of an offence”. Accordingly, the statutory minimum age of criminal responsibility is ten years of age in all Australian jurisdictions. The justice system believes that a child in such an early stage cannot be considered capable of committing a crime.
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10 to less than 14 years old – Presumption against criminal responsibility
If the involved child is ten to fourteen years old, a common law known as doli incapax, operates to deem a child incapable of committing a crime. However, the prosecution can rebut such presumption by proving that the child was able to distinguish what is right and wrong.
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Under 18 years – Treatment as child/juvenile
In some jurisdictions, a child aged 14 to either 17 or 18 can be held fully responsible for their criminal acts. However, legislations provide a separate range of criminal sanctions for these young offenders, compared to adults who have committed the same offence.
If your child has committed a crime, you should contact our Family Law Solicitors for immediate advice.
Family Law - Financial Agreements - Application by wife to set aside financial agreement - Duress, Unconscionability and Failure by Solicitor to Provide Independent Advice
Date: May 07, 2012
Author(s): Patrick Mulligan B.A., LL.B.
The Wife filed an application pursuant to s90K of the Family Law Act, seeking orders that the financial agreement between herself and the husband should be set aside as a result of duress, unconscionability and failure by her solicitor to give independent advice.
Family Law - When is it a de facto relationship or an affair? - Case Note: Jonah V White(2011)
Date: May 07, 2012
Author(s): Patrick Mulligan B.A., LL.B.
This is a judgment by Murphy J. The case concerned a question of law. The applicant was in an affair with the respondent for 17 years.
Criminal Law - Social Security Fraud - Amendments to social security legislation and reporting requirements after court finds legal loophole in favour of defendant
Date: April 18, 2012
Author(s): Patrick Mulligan B.A., LL.B.
A recent Supreme Court appeal established a major flaw in social security fraud cases. In order to establish social security fraud, the prosecution will usually charge the defendant pursuant to s135.2 (1) of the Criminal Code (Cth). The charge is obtaining financial advantage from the Commonwealth.
Family Law - Division Orders - Are interim property orders final?
Date: March 02, 2012
Author(s): Patrick Mulligan B.A., LL.B.
The purpose of this article is to provide an overview of Strahan’s case. This case provides an analysis of the status of interim property orders.
Family Law - Prenuptial Agreements - Are there any limits on what can be included in a financial agreement?
Date: March 01, 2012
Author(s): Piria Coleman B.A., LL.B. (Hons)
All relevant financial matters should be dealt with in the financial agreement for certainty and consistency. This can include how property and financial resources (whether owned at the time of the agreement or acquired later) are to be dealt with in the event of a marriage breakdown. Financial matters and financial resources may still be the subject of an application to the court under Pt VIII of the Act if some aspect of those matters is not dealt with in the financial agreement (see s 71A FLA).
Family Law - Prenuptial Agreements - Do I have to disclose details of all my assets in the pre nuptial financial agreement?
Date: March 01, 2012
Author(s): Piria Coleman B.A., LL.B. (Hons)
It’s crucial that your financial affairs are transparent with assets and liabilities declared in full. This includes assets held in trusts or by companies in which you are a shareholder. Include property held overseas.
Family Law - Prenuptial Agreements - What does a pre-nuptial financial agreement do?
Date: March 01, 2012
Author(s): Piria Coleman B.A., LL.B. (Hons)
A pre nuptial agreement can provide for how financial issues are to be resolved, not only after you get married but also for some indeterminate time in the future should the marriage break down.
Family Law - Prenuptial Agreements - What is a binding prenuptial financial agreement?
Date: March 01, 2012
Author(s): Piria Coleman B.A., LL.B. (Hons)
A legally binding financial agreement is a written agreement, which complies with Part VIIIA and or part VIIIAB of the Family Law Act 1975 (Cth) (FLA).
Family Law - Prenuptial Agreements - What requirements make a financial agreement legal and binding?
Date: March 01, 2012
Author(s): Piria Coleman B.A., LL.B. (Hons)
There are strict requirements for ensuring that a pre-nuptial financial agreement will be binding on the parties:
Family Law - Prenuptial Agreements - What rights do you lose once you have signed this agreement?
Date: March 01, 2012
Author(s): Piria Coleman B.A., LL.B. (Hons)
Unless you can convince a court to set the agreement aside - and you have to have an extremely good reason for this as we explained above - once you sign this agreement you lose your right to have the court decide on questions the agreement covers.
Family Law - Prenuptial Agreements - Why should I go to the trouble of arranging a financial agreement?
Date: March 01, 2012
Author(s): Piria Coleman B.A., LL.B. (Hons)
Society doesn’t plan your married life any more. Marriage isn’t always seen as permanent. Divorce is comparatively easy and there’s little social stigma in going through two or three marriages with children from each of them. People going into a marriage today may need to consider issues that are more complicated than before.
Criminal Law - All you need to know about stalking
Date: February 21, 2012
Author(s): Carmel Stagnitti LL,B. (Hons.) , Grad.Dip. (Legal Practice) , BA. (PolStuds) , Adv.Dip. (Criminal Justice)
If you have been charged with stalking, it is a serious criminal offence and carries a maximum penalty of 10 years imprisonment. A defence available to you in criminal proceedings for stalking or a personal safety intervention order is that the court is required to be satisfied on the balance of probabilities that the person has engaged in a course of conduct without malice.
Criminal Law – Sexual Offences (Vic)
Date: February 20, 2012
Author(s): Carmel Stagnitti LL,B. (Hons.) , Grad.Dip. (Legal Practice) , BA. (PolStuds) , Adv.Dip. (Criminal Justice)
Sexual crime is a serious offence within our community. Depending on the circumstances, if you are found guilty and convicted of a sexual offence the penalties may involve imprisonment.
Family Law - Intervention Orders
Date: February 20, 2012
Author(s): Carmel Stagnitti LL,B. (Hons.) , Grad.Dip. (Legal Practice) , BA. (PolStuds) , Adv.Dip. (Criminal Justice)
Family violence is a situation of crisis and imminent threat to life whether actual or threatened.
Family Law - Contesting Wills - Family Law Provision Claims - Case Note - Successful judgment of claimant of deceased lover and son
Date: January 16, 2012
Author(s): Patrick Mulligan B.A., LL.B.
Case note: Whitehead v State Trustees Limited [2011] VSC 424 (2 September 2011)
Family Law - Age of Consent
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
The concept of age of consent aims to protect young and innocent children from the physical and psychological harm caused by engaging in sexual intercourse before they are mature enough to consent to this kind of action.
Family Law - Child Sexual Abuse
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
Sexual abuse can happen to both men and women, even children. No gender or age is exempted, that is why it is important to spread awareness on how the family and the community can protect each and everyone, especially the most vulnerable member of society, our children.
Family Law - Children and the Criminal Justice System
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
The criminal justice system in Australia provides a set of processes and practices when dealing with children and young people who are alleged offenders or who have been found guilty of committing a crime. It encompasses the general process of arresting, charging and sentencing a child offender and the legal orders provided by the courts.
Family Law - Grandparents and Their Rights
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
In recent years, the role of grandparents has become increasingly significant. Considering the increase of family breakdown, participation of both parents in the labour force, financial difficulties, single parenthood, cost of child care, more grandparents are yearning to know their rights on how they could regularly contact their grandchildren and what they can do to help care for their grandchildren.
Family Law - Terminating Pregnancy: What you need to know
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
Abortion is the end or termination of pregnancy which can be performed in the early stages, that is, during the first trimester (up to 12 weeks) of pregnancy. However, there are instances where abortion is performed in the second trimester (12-24 weeks) or more rarely, in the third trimester (24-36 weeks).
Criminal Law - Compensation for Victim of Crime
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
In Australia, all states and territories have approved counselling schemes and statutory compensation schemes that aim to provide support and rehabilitation for victims of crimes of violence.
Family Law - Alternative Dispute Resolution
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
We all know that the court process can be costly and time consuming. It also can, more often than not, damage and irreparably fracture a relationship. This is the reason why people tend to seek other alternatives to resolve their issues without going through the court's intervention. As the name connotes, alternative dispute resolution is an alternative to the court process. It aims to assist parties to resolve their dispute without the need to go to a hearing. Alternative Dispute Resolution (ADR) process can assist parties to achieve better resolutions, maintain a harmonious relationship (this is significantly important in a parent-child relationship), and diminish the delay and legal expenses.
Family Law - Conciliation Conference and Procedure
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
A Conciliation Conference is an avenue for parties in dispute to achieve a mutual agreement. The Court encourages parties to make an honest effort to reach an agreement. This will not only save time and money, but it also has the potential of avoiding irreparable damage to the parties� relationship. The Conciliation Conference is supervised by an independent and partial Conciliator. The Conciliator will evaluate the case, assist the parties in identifying the issues in dispute and explore options for settling the parties' dispute, before any legal actions can take place.
Family Law - Parental Leave
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
The Fair Work Act (Cth) 2009 consists of a number of provisions that promotes a balance between work and family life. The Act provides employees with a number of entitlements, including: parental leave; special maternity leave; pre-adoption leave; foster parent leave; and the right to return to work.
Family Law - Binding Financial Agreements - Pre-Nuptial Agreements - Will a court enforce a BFA that is a bad bargain for one of the parties?
Date: January 11, 2012
Author(s): Patrick Mulligan B.A., LL.B.
This case concerned a couple that entered into a biding financial agreement (BFA) after they separated. They were married for 17 years. They entered into the BFA after they separated in 2007. The relevant clauses of the agreement provided that the home was estimated at $750,000 provided that repairs were undertaken. The husband had to undertake the repairs which were estimated at around $31,000.
Family Law - Binding Financial Agreements - Spousal Maintenance Provisions - The power of courts to order spousal maintenance regardless of binding financial agreements
Date: November 29, 2011
Author(s): Patrick Mulligan B.A., LL.B.
Family Law – What can I do if my partner has given away or transferred property during the relationship, separation or divorce?
Date: November 29, 2011
Author(s): Patrick Mulligan B.A., LL.B.
The purpose of this article is to explain the court’s power to set aside transfers of property and transactions by a party to a relationship. This power is available to the court pursuant to s106B of the Family Law Act 1975. A claimant may apply to the court for an order under this section where a proposed or actual transaction or disposition of property by a party will have the effect or likely effect of defeating property and maintenance related orders under the Family Law Act 1975.
Criminal Law - Child Abduction
Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
Abduction is defined as the unauthorised removal of a minor from the custody of the child’s natural or legally appointed guardians.
Australia is party to the Hague Convention, an international agency that battles the prevention and eradication of child abduction. The Hague Convention is a multilateral legal treaty signed by Australia, as well as many Asian countries, European countries and the US in which they agreed to assist one another when possible child abduction may arise.
Criminal Law - Child Abuse
Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
There is no exact figure as to how many children in Australia are suffering from child abuse. But one thing is for sure, it is heart-breaking. It is a complex issue that is all too often ignored. Child abuse is a situation where a child suffers significant harm from an injury caused by the child’s parent or guardian. This can take the form of emotional, mental or physical abuse.
Criminal Law - Fatal Child Neglect
Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
Child neglect should never be taken lightly, because often enough, it can lead to the death of a child. Fatal neglect is defined as the death of a child as a result of inadequate care. As a result, the child suffers from extreme conditions of deprivation, such as malnutrition and inadequate health care.
Family Law - The Legal Obligation of Full And Frank Disclosure
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
As at 1 June 2009, the Family Law Rules provides that each party to a case has a duty to the Court and to each party to give full and frank disclosure of all information relevant to a case, in a timely manner. Such obligation is of particular significance to proceedings relating to spousal maintenance; declarations of interests in property; alterations of property interests; setting aside property orders; maintenance agreements and their termination.
Family Law - Binding Financial Agreements - some Frequently Asked Questions
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
A Binding Financial Agreement is a written contract between two individuals who are either married or in a de facto relationship. It contains a reached agreement between two parties in relation to their finances, division of assets and financial resources and other issues such as spousal maintenance and property settlement in the event of a marriage breakdown.
Family Law - Hidden Assets: How can the law protect you?
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
Obtaining a property settlement due to divorce can be a very complicated procedure which often causes great angst and stress amongst all parties involved. Our Family Law Solicitors understand that as a result, people are often led to hiding their assets, in order to ensure that their former partner does not receive a just and equitable amount. However, this is a breach of their statutory obligations to make a full and frank and disclosure and our Family Law Solicitors will ensure that all information are brought to the table by your former spouse.
Family Law - Property Financial Statements
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
In financial cases, parties are required to file a financial statement with their initiating application. A financial statement contains a detailed summary of an individual's financial condition. The parties must also file an amended financial statement later in the proceedings if their circumstances change.
Family Law - Property Settlement Proceedings
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
The parties to the marriage are under a legal obligation, under the Family Law Rules, to try and resolve and differences between them by way of an alternative dispute resolution (ADR). ADRs may include negotiation, family counseling, conciliation or arbitration. In the event that ADR is unsuccessful, try writing to the other party, setting out your claim and perhaps making proposals for settlement.
Family Law - Divorce - Irretrievable Breakdown
Date: October 27, 2011
Author(s): Angelita Manlangit LL.B.
Divorce is something that no couples would wish for, but in reality, it happens. It can be extremely distressing and the complex procedure required by the law can further enhance the emotional burden on both parties.
Family Law - Relocation of Children
Date: October 13, 2011
Author(s): Angelita Manlangit LL.B.
LAC Family Lawyers are able to advise parents of children who wish to relocate or whose former partners wish to relocate and hence affect the location or visitation rights of the parents. Our Family Lawyers are able to provide compassionate advice in order to protect the best interests of the child and ensure that you as the parent maintain access to your children.
Family Law - Best Interest of a Child
Date: October 12, 2011
Author(s): Angelita Manlangit LL.B.
LAC Lawyers are experienced family lawyers who understand the intricacies of family relationships and the issues that arise when a marriage ends. Our family lawyers will be able to guide you through all the issues involved in marriage breakdown including the best interests of the child.
Asperger's Syndrome
Date: June 09, 2011
At LAC Lawyers we consider ourselves to be Asperger's aware and offer legal services to client's who either have Asperger's Syndrome or who have been affected by someone with Asperger's. We are sensitive to your needs and welcome any enquiry in relation to legal services for people affected by Asperger's.
Family Law - Duty Exemptions in New South Wales for Transfers Between Partners
Date: May 18, 2011
Author(s): Mark Bostock LL.B., B.Bus.
Couples may wish to transfer property between them to various reasons. They may be motivated by tax minimisation, risk management, family breakdown or other reasons. Many transfers attract duty and any decision as to transferring applicable assets should be made with parties being mindful of the potentially substantial duty liability that may emerge.
Employment Law - How your Criminal History may affect your future Employment
Date: March 14, 2011
Author(s): Mark Bostock LL.B., B.Bus.
A concern faced by many who are facing prosecution is the influence a conviction may have on them should they be found guilty of a criminal offence.
Criminal Law - Apprehended Violence Orders - Court and Penalties
Date: March 10, 2011
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
The vast majority of the AVOs and PVOs are settled after negotiations and the application can either be withdrawn and dismissed, or an undertaking made not to embark on any form of specified behaviour without admissions, or with an order being made with the consent of both parties with no admissions as to the nature of the facts alleged in the application for an order.
The Difference between Prescribed Concerntration of Alcohol (PCA) Offences and Drive Under Influence (DUI) of Alcohol or Drug
Date: March 10, 2011
Author(s): Annette Wood B.A. (Policing), LL.B.
Police are able to conduct breath tests on drivers in NSW under certain circumstances. When a driver has been involved in a motor vehicle accident, when stopped for their manner of driving, or as it often the case at random breath test stations.
Family Law - Requirements of a Binding Financial Agreement (BFA)
Date: March 07, 2011
Author(s): LAC Lawyers
In 2000, the Family Law Act was amended to introduce a new type of agreement called the Binding Financial Agreement.
Family Law - The legal rights of de facto couples versus married couples
Date: December 20, 2010
Author(s): LAC Lawyers
Since June 1999 the term De Facto has been used to describe the relationship between the two adults (over the age of 18 and including couples of the same sex) who...
Family Law - What is Child Support?
Date: December 08, 2010
Author(s): LAC Lawyers
When families go through changes and parents separate as a result thereof, arrangements are made for the continued care, welfare and development of the children of the family. These arrangements normally are made for children until they reach an age of 18 years. This payment arrangement for the children is referred to as child support.
Family Law - The importance of documents and the process of discovery and disclosure
Date: December 08, 2010
Author(s): LAC Lawyers
It is a fundamental principal in family law that the process of discovery and disclosure of all material that is relevant to the case be made to ensure a fair outcome.
Drink Driving - What Happens When You Go To Court
Date: November 10, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Check out our step by step guide on the court porcess for drink driving.
Criminal Law - Centrelink Fraud, How Do You Get Caught?
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
If you are in receipt of Centrelink benefits then you have a duty to provide Centrelink with all information regarding your earnings and financial circumstances. Should you fail to make any relevant disclosure with respect to your earnings and financial circumstances and it is later detected by Centrelink then you could find yourself being brought before the Court to answer criminal charges.
Criminal Law - Sentencing in the Local Court
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Often I am asked by my clients who have been charged with common offences such as assault or drink driving what the likely result will be if they enter a plea of “Guilty”. This is not a question which can be answered with much certainty given that even when to individuals are charged with exactly the same charge, the possible outcome when it comes to that individual’s sentencing can vary according to factors such as in which Local Court the matter is dealt with, which Magistrate determines the sentence, the sentencing options available to the Magistrate and the individual’s subjective circumstances.
Family Law - International Parental Child Abduction
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Given the multicultural society in which we live, it has become more frequent that children are being removed by a parent from the country in which they reside and taken to another country in which their parent was born and may still have relatives and/or friends.
Family Law - Binding Financial Agreements, are they necessary?
Date: October 08, 2010
Author(s): LAC Lawyers
Binding Financial Agreements can be made either before, during or after marriage. These agreements take account of property settlement, payment of spousal maintenance, division of superannuation funds, etc when a marriage comes to and end. Both parties are required as a prerequisite to obtain independent legal advice prior to entering into a binding financial agreement in writing.
Family Law - Rights v Interests: the family law experience
Date: October 07, 2010
Author(s): LAC Lawyers
When you first see your family lawyer, there’s a jumble of information you need to provide and even more information for you to receive. You’re understandably emotional and perhaps confused about what lies ahead for you.
Family Law - The Consequences of Unplanned Pregnancy
Date: October 07, 2010
Author(s): LAC Lawyers
An unplanned pregnancy is a difficult experience, even if you’re happily in a long term relationship or are married. The choice about your next step is complicated by health, family values and dynamics, religion and practical considerations. If you’re not in a long term relationship, your decision may be even harder.
Family Law - What Is A De Facto Relationship
Date: October 06, 2010
Author(s): LAC Lawyers
In the case of Pike & Howlett [2010] FMCAfam 802, the Federal Magistrates Court of Australia was recently asked to decide what constitutes a de facto relationship under the Family Law Act 1975 (Cth) (‘the Act’)?
Family law - Separation
Date: August 09, 2010
Author(s): LAC Lawyers
Separation is very common in todays’ world. Separation is somewhat described as the end of an intention by parties to continue to live together. The intention to separate is communicated to the other and often one party moves out of the home or they start leading separate lived under the same household.
Family Law - Binding Financial Agreements Under the Family Law Act 1975 (Cth)
Date: June 15, 2010
Author(s): LAC Lawyers
If you’ve recently entered a new relationship, have been in a new relationship for a time, or are considering ending your relationship, you should consult a lawyer to learn your rights and obligations under the Family Law Act 1975 (Cth) (‘the Act’).
Family law - Spousal relationships - What's the law got to do with it?
Date: June 15, 2010
Author(s): LAC Lawyers
Whether your new spousal relationship is a married, de facto or same sex relationship; at the beginning, consideration of the law is the last thing on your mind.
Property Law - Family Law - The concept of joint land ownership when family relationships break down.
Date: May 17, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Joint land owners hold land either as joint tenants or as tenants in common. Joint tenancy is far more common. Through this method of ownership, the interests of one spouse or partner are deemed by law to flow automatically to the surviving spouse or partner irrespective of whether the deceased spouse or partner has left a will or other testamentary document.
Criminal Law - Centrelink Offences - An Overview
Date: May 10, 2010
Author(s): LAC Lawyers
There are various types of Centerlink offences the most common Centrelink Fraud, i.e. engaging in conduct to obtain a financial advantage from a Commonwealth entity knowing and believing that one is not eligible to receive that financial advantage. Most often people deliberately provide Centrelink with false, incomplete or misleading information and break the law.
Family Law - Considering Seperation? Here are your next steps
Date: March 31, 2010
Author(s): LAC Lawyers
Whether you are married or have been living in a domestic relationship, if you are considering separation you should also consider your family law obligations and entitlements before you finalise the decision to separate. At such a difficult and crucial stage in your life, it will be important for your transition to a new life to be as calm and smooth as possible.
Family Law - The Competing Issues of Bankruptcy and Family Law
Date: January 13, 2010
Author(s): LAC Lawyers
Family law property settlements or applications for spousal maintenance may be further complicated where one spouse is bankrupt or considering bankruptcy. In these circumstances, a conflict clearly arises between the competing interests of a trustee in bankruptcy and the separated non-bankrupt spouse in determining how property should be distributed between the parties.
Family Law - De Facto Spousal Maintenance
Date: August 17, 2009
Author(s): LAC Lawyers
A recent development in de facto family law has seen an expansion of the eligibility of parties in Australia to spousal maintenance. Pursuant to the Family Law Amendment (De Facto Financial Matters and other measures) Act 2008 (Cth), a person of a de facto relationship that separated on or from 1 March 2009 may be entitled to receive spousal maintenance.
Criminal Law - More about Centrelink Fraud
Date: August 12, 2009
Author(s): LAC Lawyers
Receiving money from Centrelink to which you are not entitled to is an offence. This offence could carry a monetary penalty, a jail term, community service and periodic detention. So, if Centrelink says that you have been overpaid and they advise you that they wish to interview you, you should seek our legal advice immediately. If an incorrect payment or fraud of some kind has been detected, the customer will be contacted about this and will be asked to explain why it happened. If this results in an overpayment, a debt will be raised for this amount and it must be repaid.
Family Law - Assets - disputes
Date: August 04, 2009
Author(s): LAC Lawyers
Australasian family law cases concerning a party’s initial contributions, or separate property, brought into the relationship appear far from clear when settlement is litigated in court.
Criminal Law - Sports Law
Date: July 04, 2009
Author(s): LAC Lawyers
Tom, an A grade soccer player, had been charged with having sexual intercourse with a person between the ages of 10 and 14. At the time he was 18. A plea of "not guilty" had been entered and the player had a strong defence case. At law there is a “presumption of innocence” in such matters.
Criminal Law - Traffic Matters - Drink Driving - Shall I Fight the Charges?
Date: July 04, 2009
Author(s): LAC Lawyers
There goes the saying, “If you drink and drive you’re a bloody idiot”. However, it is easier said than done. Sometimes when we monitor our intake of alcoholic drinks and are sure that we are under the limit, we would then be surprised to find out that we are over the limit. Victoria, if your BAC reading is 0.07 or more, you will lose your drivers’ licence. So, do you take it on the chin or do you fight the charge?
Criminal Law, Sports Law - Appeal against Football Federation of Australia determination on sanctions against players
Date: May 26, 2009
Author(s): LAC Lawyers
Tom, an A grade representative soccer player, had been charged under Section 66C(1) of the Crimes Act 1900(NSW) being the offence of having sexual intercourse with a person between the ages of 10 and 14. At the time he was 18. This happened in January 2008 and the matter was only listed for committal hearing in October 2009. A plea of “not guilty” had been entered and the player had a strong defence case. As is commonly known there is a “presumption of innocence” in such matters.
Criminal Law - Apprehended Violence Orders - Offences
Date: May 21, 2009
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Given the rise in awareness of the cost and impact of violence in the community, with a focus on domestic violence, the NSW Parliament has responded with legislation designed specifically to address this area. The aim of the current legislation (Crimes(Domestic and Personal Violence) Act 2007 No. 80 (the Act)) is...
Family Law - Children - Recovery Orders
Date: May 19, 2009
Author(s): LAC Lawyers
Once you separate, you and your former partner will need to make some immediate decisions about practical issues about your children. It is a good idea once you have made the decision to separate to get legal advice. Unfortunately children often become embroiled in a tug-o-war situation when their parents are living separately, but both parents need to remember that they need to put the child’s best interests before any other concerns.
Family Law - Marriage Separation or the break down of a long term de facto relationship is always difficult. At LAC Lawyers we can guide you through the legal process
Date: May 19, 2009
Author(s): LAC Lawyers
Separation is a major step for everyone. It's a time when you need help and information. Most people admit feeling the worst they have ever felt in their life. Should you and your partner decide to separate, it is vital that certain immediate decisions will need to be made in relation to the children and your finances. It is at this stage that you should seek legal advice about your situation, and here at LAC Lawyers, our experienced solicitors can guide you through this sometimes traumatic and cumbersome process, as painlessly as possible!
Criminal Law - Have you been charged with assaulting police?
Date: April 03, 2009
Author(s): LAC Lawyers
It has been a long week at work, you decide to unwind and have a couple of beers at your local pub. Unfortunately you don’t know when to stop as you’re having a great time but are annoying some of the patrons at the same time. The management ask you to leave and you refuse.
Family & De Facto Law - Changes in De Facto Law and its effects on Property
Date: March 07, 2009
Author(s): LAC Lawyers
In legal terms, a de facto relationship is essentially a relationship between two individuals who are not married and who live together as a couple on a ‘genuine domestic basis’.
Sports and the Law - Restraining the Paparazzi
Date: February 12, 2009
Author(s): LAC Lawyers
Wayne is an internationally known Australian fast spin bowler. As a celebrity he is a typical target for freelance photographers out to make profit from capturing his image in whatever attitude at any time and any place. Sadly his family is often caught in the thick of it. Although it must be nice to be famous, it must be equally exhausting to have photographers lurking around every street corner, up every tree and...yes...hiding inside garbage bins as well.
Family Law - The importance of a instructing a lawyer when applying for divorce
Date: February 04, 2009
Author(s): LAC Lawyers
Many people believe that they can undertake a Divorce on their own without legal assistance. However cost effective this may seem most Divorce cases are complicated involving children, property and other financial matters. At LAC Lawyers we will provide you with a quality and efficient service designed to ensure your Divorce and other related matters become final in the eyes of the Court.
Criminal Law - Bail - The importance of a well prepared bail application
Date: February 02, 2009
Author(s): LAC Lawyers
Given that the Act provides for authorisation to be at liberty, the question obviously arises as to what types of matters could put an accused’s liberty at risk and what forms of review, if any are possible, if bail is refused.
Criminal Law - A strong prosecution case is not always what it seems
Date: January 30, 2009
Author(s): LAC Lawyers
Doctor Bob was presented with such an apparently insurmountable case. This sixty five year old general practitioner of some forty years experience was languishing in the Court cells as his solicitor poured over photographs of the doctor’s estranged wife. He was charged with assaulting her causing her actual bodily harm. The solicitor in reviewing the photos pondered why the charge had not been the more serious one of occasioning grievous bodily harm. The poor woman was covered from head to foot in multiple bruises of a dark blue/purplish nature.
Sports and the Law - Famous sports people are often the target of blackmailers
Date: January 28, 2009
Author(s): LAC Lawyers
Sports people can be easy prey for blackmailers and extortionists. Whilst at the height of their careers, sports men and women can be big fee earners and commanding enormous popularity. Sadly they are only human with human failings and weaknesses. They can easily be exploited by unscrupulous individuals intent on “cashing in” on their fame and fortune.
Criminal Law - Centrelink Offences
Date: January 23, 2009
Author(s): LAC Lawyers, Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Social security fraud is a general malaise affecting the ability of the Commonwealth Government to provide benefits to the needy. Centrelink fraud is committed when a person knowingly gives false and misleading information to obtain access to a benefit and to obtain a payment that they should not be getting; or misrepresents their circumstances; or fails to inform Centrelink that they have no further entitlement to benefits.
Criminal Law - Crown Appeal Against Sentence
Date: January 22, 2009
Author(s): LAC Lawyers
When an accused person (“A”) has been convicted or has pleaded guilty to an offence A will be sentenced by the Court. If the Crown is of the view that the sentence A received was manifestly inadequate, then the Crown can appeal against the original sentence.
Family Law - Pre-Nuptial or Co-habitation Agreements
Date: January 22, 2009
Author(s): LAC Lawyers
We are increasingly being asked to prepare financial agreements for couples who are about to “take the plunge” or “walk down the aisle”. However, financial agreements are also available for couples who are living together whether or not they are married, and for couples who have separated.
Family Law - Child Relocation, Child Custody, Parenting Plans
Date: January 16, 2009
Author(s): LAC Lawyers
Unilateral relocation by a parent away from their present residential address (for whatever reason) with whom a child lives can cause great distress for all parties involved and lead to expensive litigation if not handled thoughtfully and properly.
Criminal law - Centrelink Fraud
Date: January 16, 2009
Author(s): LAC Lawyers
Centrelink fraud has become rife in the last few years and Centrelink investigators have become more and more ardent at uncovering this. There is a deliberate attempt to rip-off the system and today’s sentencing shows how harshly welfare cheats can expect to be treated by the courts.
Criminal Law - Larceny, Theft, Stealing
Date: January 16, 2009
Author(s): LAC Lawyers
At common law, larceny is committed by a person who, without the consent of the owner, fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof
Criminal Law - What constitutes an assualt and possible defences
Date: January 16, 2009
Author(s): LAC Lawyers
Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years
Criminal Law, Sports Law - Sexual acts with a minor can lead to serious consequences for a young professional
Date: January 16, 2009
Author(s): LAC Lawyers
The legislation of all states have embodied in their Crimes Acts various penalties for sexual related offences. The parliaments of the States regard these matters very seriously and the penalties prescribed are often severe.
De Facto Relationships, A New South Wales and Victorian Perspective
Date: December 31, 2008
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Originally de facto relationships in NSW were governed by the De Facto Relationships Act which was replaced in June 1999. The term “de facto relationship” has been significantly widened to cover all relationships between two adults over the age of 18 years who live together, are not married and who are not related to each other. This definition now covers gay couples providing them with a level of protection which had not existed previously.
De Facto relationships and property settlements
Date: December 07, 2008
Author(s): LAC Lawyers
Currently in New South Wales, the Property (Relationships) Act 1984 (NSW) governs the way in which proceedings can be brought by a party to a de facto relationship who is seeking a property adjustment to jointly owned property.
Criminal Law - Does a threat equal an assault?
Date: December 01, 2008
Author(s): LAC Lawyers
Criminal Law - Self Defence
Date: December 01, 2008
Author(s): LAC Lawyers
Self defence is an issue that needs to be disproved by the Crown beyond reasonable doubt. Normally a defence will apply once the Crown has proved its case to excuse the actions of the accused. However, if the Crown cannot disprove self defence then the accused is entitled to an acquittal.
Criminal Law - Drink Driving Summary
Date: October 21, 2008
Author(s): LAC Lawyers
Everything you need to know about drink driving...
Criminal Law - Traffic Offenders Program
Date: October 21, 2008
Author(s): LAC Lawyers
Some common questions about the Traffic Offenders Program
Criminal Law - Need info on Bail, read this!
Date: September 25, 2008
Author(s): LAC Lawyers
Some handy information on Bail.
Criminal Law - The Pro's And Con's Of taking Part In A Police Interview
Date: September 25, 2008
Author(s): LAC Lawyers
The decision as to whether to participate in a record of interview with police is often a difficult one to make. There are various advantages and disadvantages in doing so, therefore, it is important that competent legal advice is obtained. LAC Lawyers are able to assist and advise you whether you should participate in such an interview.
Drink driving - Although rare, it is possible to have your DUI dismissed.
Date: September 25, 2008
Author(s): LAC Lawyers
LAC Lawyers was recently involved in a matter where we succeeded in having charges against our client dropped. Our client was charged with low-range PCA because the police thought he was "failing to submit" to breath analysis where in reality the machine was faulty.
Criminal Law - Assault Occassioning Actual Bodily Harm
Date: September 24, 2008
Author(s): LAC Lawyers
Criminal Law - Posses Prohibited Drug
Date: September 24, 2008
Author(s): LAC Lawyers
Family Law - Spousal Maintenance
Date: September 18, 2008
Author(s): LAC Lawyers
Drink Driving - Your Rights, Police Powers, Court Penalties
Date: September 01, 2008
Author(s): LAC Lawyers
Read on to find a list of commonly asked questions as well as an overview of likely penalties according to your Prescribed Concentration of Alcohol (PCA).
Family Law - Are you Eligible to Obtain a Divorce and What is Involved in Obtaing One
Date: February 24, 2008
Author(s): LAC Lawyers
Family Law - Where to Apply for a Divorce and the Costs Associated With Divoirce Proceedings
Date: February 24, 2008
Author(s): LAC Lawyers
Marriage breakdowns is a very sad, yet regular incident in our Australian Society. Some surveys have indicated that over 40% of families in Australia undergo divorce each year. During such a stressful time of marriage breakdowns, many parties do not have any background knowledge about the procedures for obtaining a Divorce and what is involved, and when their marriage does irretrievably breakdown, they often feel lost and alone and do not know where to seek help from.
Criminal Law - Dealing with the Police - Some Tips (Vic.)
Date: February 01, 2008
Author(s): LAC Lawyers
Police officers are like every other section of our community. Likewise is not always possible to distinguish the good from the bad. Therefore it is an advantage to know what to do when you have to encounter one or more police officers.
Criminal Law - Child Pornography
Date: January 15, 2008
Author(s): LAC Lawyers
It is a serious offence to possess or disseminate child pornography. Possession of child pornography is punished by up to 5 years imprisonment and dissemination by up to 10 years.
Criminal Law - Unauthorised possession of Prescription Drugs
Date: January 15, 2008
Author(s): LAC Lawyers
Most so called 'party drugs' are prohibited drugs. Cocaine, speed, methleamphetamine, MDMA and cannabis are all prohibited drugs. They are available because people will pay good money to use them recreationally.
Drink Driving - Legal Representation Is Your Best Bet
Date: December 13, 2007
Author(s): LAC Lawyers
Drink Driving is a crime that people, including professionals, are increasingly being charged with nowadays. On many occasions it is a first offence where one misjudges how much they had consumed, assumes they are within their legal limit to drive, and are then, to their misfortune, stopped by Police and charged.
Criminal Law - Drink Driving Offences (Vic.)
Date: December 18, 2006
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.
Criminal Law - How Serious Are AVOs (New South Wales)
Date: October 12, 2006
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
There is a strong desire on the part of the legislature to reduce the incidence of, and provide protection to, the victims of domestic violence. Apprehended violence orders and bail are the main vehicles chosen to provide this protection. These provisions are fundamentally in aid of the prosecution.
Family Law - The Divorce Process
Date: September 14, 2006
Author(s): LAC Lawyers
Applications for divorce are processed by Registrars of the Federal Magistrates Court, who sit in the federal court buildings at Sydney and Parramatta . The court process is quick and easy for most people, and if there are no children under the age of 18 attendance at court is unnecessary for either party.
The Benefits of Hiring A Lawyer
Date: August 16, 2006
Author(s): LAC Lawyers
The old adage “you get what you pay for” is as true today as it has ever been.
Family Law - Who gets the kids?
Date: August 14, 2006
Author(s): LAC Lawyers
The vast majority of separating couples who have children under 18 are generally able to work out their own arrangements in relation to the amount of time their children will spend with each parent.
Criminal Law - Slavery and/or Sexual Servitude
Date: August 01, 2006
Author(s): LAC Lawyers
Slavery in Australia has been a criminal offence since 1824 due to the application of the Slave Trade Act 1824. In 1999, the Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999 was enacted.
Why stay with your lawyer
Date: August 01, 2006
Author(s): LAC Lawyers
The lawyer/client relationship is a personal one and there are many reasons which will dictate who you can and cannot work with. If you don’t like your lawyer, should you change? Ultimately, the relationship between a lawyer and client must be built on mutual trust.
Criminal Law - Drugs: Police Sniffer Dogs: Part 1
Date: March 21, 2006
Author(s): LAC Lawyers
The dogs have been let loose recently. Numerous people have been charged generally involving small amounts of cannabis and MDMA (ecstasy) as a result of over active Labradors at pubs, parties and big days out. A client who recently contacted me was apprehended walking to a dance party in the Botanical Gardens. She had in her possession, 1 joint and 1 pill.
Criminal Law - Drugs: Police Sniffer Dogs: Part 2
Date: March 21, 2006
Author(s): LAC Lawyers
On 22 February 2002, the NSW Parliament enacted the Police Power (Drug Detection Dogs) Act (The Drug Dog Act). The Drug Dog Act continues to allow police to use drug dogs to search an individual once they have formed a reasonable suspicion that an offence has been committed.
Criminal Law - Drugs: The Pitfall of Pills: Part 1
Date: March 21, 2006
Author(s): LAC Lawyers
Called; ecstasy, e, ecce, disco biscuits or 3, 4 methyledioxymethylamphetamine (MDMA), MDMA is an increasingly popular party drug. Putting aside any health issues with drug use, one frequently overlooked consideration is that it is illegal in New South Wales.
Criminal Law - Drugs: Pills and Drug Weight: Part 2
Date: March 20, 2006
Author(s): LAC Lawyers
What the law calls admixtures count as the drug weight. for the purpose of State drug offences, the law looks at the total mass of the drug and not pure drug bulk. This means that even if the pill is very low in purity as long as it contains some MDMA, the total bulk of the pill is the amount that counts.
Criminal Law - What Do I Do When I Am Arrested?
Date: March 15, 2006
Author(s): LAC Lawyers
No-one who is arrested should be left to the mercy of the system as it can be a very unkind friend when you are in need. While it is important to co-operate with the police it is extremely important that you understand your rights and do nothing to prejudice yourself whilst in custody.
Criminal Law - Serious Traffic and Drink Driving Offences
Date: February 16, 2006
Author(s): LAC Lawyers
Criminal Law - Sentence and penalty options available to courts if convicted of a criminal offence
Date: September 26, 2005
Author(s): LAC Lawyers
Murder. Bigamy. Robbery. Bushfires. Terrorism. Domestic violence. Computer offences. Concealing the birth of a child. Fraud. Rape. The list of criminal offences for which a person may be convicted in any Australian jurisdiction is extensive.
Employment Law - Bullying - Adults in the schoolyard
Date: September 26, 2005
Author(s): LAC Lawyers
The idea of bullying has long been associated with naughty children in a schoolyard. But in recent years, there has been increased awareness and recognition in Australia that adults can be bullies too. Nowhere is this notion more alive than in the workplace, where high stress levels and hierarchies create a framework for day to day life.
The Criminal Aftermath of Drink Driving: Penalties and Sentences
Date: September 22, 2005
Author(s): LAC Lawyers
Drink driving is an offence under the Road Transport (Safety & Traffic Management) Act 1999 (NSW) (the “Act”). In New South Wales there are effectively five categories of “prescribed concentration of alcohol” (PCA) offences.
Family Law - Responsible parents: the legal approach to raising children
Date: September 21, 2005
Author(s): LAC Lawyers
Being a parent can be a wonderfully rewarding experience. However, often parents will face difficult circumstances such as divorce or separation that may detract from attending to the full responsibilities and duties towards a child according to law. At LAC lawyers, we can provide a clear guide as to your full rights and responsibilities as a parent under the family law system.
The Role of the Family Lawyer: Putting the “Proper” back into Property settlements
Date: September 20, 2005
Author(s): LAC Lawyers
Family law matters can be stressful for all parties involved. Most family law matters are resolved through negotiation, so it is important that you are aware of your legal rights. This is where a family lawyer can help. A lawyer can assist you obtain the best outcome and prevent potentially ongoing and costly legal complications.