THIS IS OUR WRITER'S OPINION OF A GENEREAL NATURE AND CAN NOT BE RELIED ON WITHOUT CONSULTASTION IN RESPECT OF YOUR PARTICULAR MATTER

Property Matters 
There is a four stage approach:
  1. Identify and value all the assets of either party,
  2. Calculate each party's contributions to the assets,
  3. Allow for any special needs for each party,
  4. Make a just and equitable division of the property.
We can assist in these complicated processes to achieve the best results for our clients.
 
Children's Matters
There is a legal presumption that it is in children's best interests their parents have equal shared parental responsibility.

 

In addition, consideration should be given to the children spending equal time with each parent, as a starting point.

 

Depending on the circumstances of each party, the above principles are applied, or can be varied, to achieve the best possible results for our clients.

Family Law - Children's Matters & Property Matters

It is the view of our writer that:

It is in the interest of the parties to settle out of Court, but to seek Consent Orders to ensure the settlement is enforceable.

 

We do take instructions on Financial agreements.

Apprehended Violence Orders

Apprehended Violence Orders are not Criminal Convictions.

However, a breach of an Apprehended Violence Order is a Criminal Law matter.

It is the view of our writer that:

Apprehended Violence Orders are a bar to employment in certain industries, such as health care, and disqualify a defendant in other matters, such as holding  a firearms licence.  These matters should be taken into account when an order is made.

​Defendants and Protected Persons should not agree to a variation of the terms of an Apprehended Violence Order between themselves, without seeking a variation of the order by a Local Court. The protected person has no power to vary the order.

An order may be in place to also protect the children of a protected person. A protected person may be seen as placing their children at risk, if they agree with the defendant to ignore the terms of order.

 

 

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