Domestic Violence | Family Court Brisbane

Domestic violence of any shape or form is not tolerated in our community.

What are domestic violence and family violence?

Domestic and family violence involves one person in a relationship using violence or abuse to maintain power and control over the other party in the relationship. It is normally an ongoing pattern of behavior aimed at controlling the other person through fear.

Avoid the legal consequences and seek representation to avoid complications.

The Department of Communities, Child Safety, and Disability Services have listed many forms of domestic violence and this can include:

• physical abuse (including slapping, hitting, punching, pushing, kicking)
• threatening to hurt you, your children, pets, relatives, friends, or work colleagues
• threatening to disclose your sexual orientation to other people against your wishes
• threatening to, or depriving you of your liberty (including locking you in the house so you cannot go out)
• stalking (including constantly following you by foot or car, constantly calling you by phone, text message, and email, or staying outside your house or workplace). Stalking is a criminal offence in Queensland.
• damaging property to frighten and intimidate you (including punching holes in walls, breaking furniture, harming pets)
• emotional abuse (including criticising your personality, looks, the way you dress, saying you are a bad parent or threatening to hurt you, your children, or your pets, or threatening to damage personal items you value)
• verbal abuse (including yelling, shouting, name-calling, and swearing at you)
• sexual abuse (including forcing or pressuring you to have sex or participate in sexual acts)
• financial abuse (including taking control of your money, not giving you enough money to survive on, forcing you to hand over your funds, not letting you decide how it is spent)
• threatening to stop providing care for you if you don’t do what you are told (this sometimes happens to an elderly person or a person with an illness, disability, or impairment who relies on another person to care for them)
• social abuse (including controlling where you go, not letting you see or have contact with your friends or family)
• depriving you of the necessities of life such as food, shelter, and medical care
• spiritual abuse (including forcing you to attend religious activities against your wishes or stopping you from participating in the religious or cultural practices of your choice)
• threatening to commit suicide or self-harm to torment, intimidate or frighten you

Effect on Children

Domestic violence can be very damaging to children in a family that is subject to this form of behavior. It can have an ongoing and permanent effect on their interaction with other children, their schooling, and later relationships with other persons.

The Department of Communities, Child Safety, and Disability Services have recognised certain behaviors that children may show if they are being affected by domestic and family violence which include:

• copying the abusive or violent behavior
• sleeping difficulties such as nightmares
• trying to intervene to stop the abuse (this is how some children become injured during domestic and family violence incidents)
• being stunned into a terrified silence by what they see
• blaming themselves
• being afraid, angry and depressed
• bullying others or being bullied by others
• being cruel to animals
• regressive behaviours like bed wetting and thumb sucking
• being nervous and withdrawn
• changes in behaviour and/or academic performance at school
• displaying psychosomatic illnesses including unexplained headaches, asthma and stuttering
• running away from home
• attempting suicide or self-harm
• abusing alcohol and substances (in older children).

Domestic violence is controlled through the Magistrates Court of Queensland and in other State Courts in Australia.

Who can apply?

• the person experiencing the domestic and family violence (the aggrieved)
• someone else, for example a solicitor or social worker, can apply on behalf of the aggrieved with the aggrieved person’s consent
• a police officer attending a call out due to an incident of domestic and family violence. The consent of the aggrieved is not required for a police application
• someone acting under another Act for the aggrieved, for example, a guardian for a personal matter, or an administrator for a financial matter under the Guardianship and Administration Act 2000
• the Adult Guardian can apply if they believe that the aggrieved needs legal protection but does not have the capacity to apply for a protection order
• someone who is appointed as the attorney of the aggrieved under the Powers of Attorney Act 1998 and who makes the application under the enduring power of attorney.

Orders can be issued by the Court on a temporary or permanent nature. The general order made by the Court is:

1. The respondent (the person who uses abuse or violence) must be of good behaviour towards the aggrieved (the person who needs the order to protect them) and not commit domestic violence
2. If a named person is specified in the order the respondent must be of good behaviour towards the named person and not commit an act of associated domestic violence against the person.

Other orders can be made by the Court confiscating fire arms, removing a party from the family home, limiting the powers of a party to contact the person affected by the domestic violence including children and orders prohibiting a party from being in the vicinity of the family home, the work place of the other party or contacting the party by any means.

What are the police powers in relation to this?

The role of the Queensland Police is to respond to threats or incidences of violence and bring the matter before the Court. Many police officers are called to domestic violence incidents by victims or concerned neighbors.

 

The first priority of a police officer called to an incident is to ensure the safety of the parties involved.

A Queensland Police publication advises that:

If a police officer reasonably suspects an incident of violence (including physical, sexual, verbal or financial abuse; damage to property; harassment or intimidation; or threatening to do any of these), it is their duty to investigate the matter thoroughly.

This investigation may include:

• Separating the parties
• Asking personal questions — such as the history of the relationship and the reason for the present problem™
• Searching the premises for anything associated with causing injury or harm
• Removing the person using domestic violence and placing them in custody for up to four hours.

Can I make my own domestic violence application?

If the police are involved and if the police bring an application on behalf of a person who has suffered domestic violence then the Prosecutors of the Police Department will represent that party in domestic violence proceedings.

However a party may have their own lawyer engaged to bring the domestic violence application on their behalf. The lawyer can draft the necessary application ensuring that it contains all relevant information that the Court will require to consider that application. The lawyer can represent the party in all aspects of the application and the subsequent hearings in the Court.

At Family Law, we have the knowledge and experience to advise and guide our clients through the many and varied intricacies associated with domestic violence proceedings. We will draft the necessary documents to ensure they set out all relevant circumstances to comply with the legislation requirements to achieve the best outcome and to represent our clients in domestic violence Court proceedings. We are only too happy to act on your behalf in this regard.

Article Source: Domestic Violence

Sunshine Coast Lawyers - Aylward Game Solicitors Brisbane

WELCOME TO AYLWARD GAME SOLICITORS SUNSHINE COAST

Aylward Game Solicitors Sunshine Coast are a modern and dynamic firm of Sunshine Coast Solicitors and Sunshine Coast Family Lawyers who are strongly committed to traditional professional values of the legal practice in Sunshine Coast.

The legal force Aylward Game Solicitors Sunshine Coast, and their collective lawyers will harness nearly 80 cumulative years of experience in the fields of Commercial & Business Law, Sunshine Coast Family Law, Wills & Estate Planning Law, Complex Contract, Commercial Litigation, Employment Law and Property Law & Conveyancing; with particularly strong expertise in Children’s matters, De Facto, Divorce, Mediation and Dispute Resolution as well as Vendor Finance and a wide suite of Business, Banking and Finance Law Services.

SUNSHINE COAST LAWYERS

We Solve Problems, we Find Solutions, we Look After your Best Interests, and we Provide Sensibly,
Practical, Real-world Legal Advice in Sunshine Coast– Keeping you on the Game.

Aylward Game Solicitors is pleased to be able to provide legal services to the ‘lower Sunshine Coast’.

As with our professionals based at our other offices, you will find that our solicitors and conveyancers in the Birtinya area provide unmatched experience in order to deliver an ethical, professional service for an affordable price, right when you need it, including on weekends and after-hours.

We are also happy to offer home and hospital visits if required.

SUNSHINE COAST LAW SERVICES

We Solve Problems, we Find Solutions, we Look After your Best Interests, and we Provide Sensible,
Practical, Real-world Legal Advice – Keeping You on the Game.

AYLWARD GAME SOLICITORS SOLVES PROBLEMS FOR A VAST RANGE OF CLIENTS IN MANY AREAS OF THE LAW

When two people separate (after a very long relationship), financial issues can become problematic because there is stress involved with the separation itself and you have to start thinking about how to split these assets up & how to finalise things…

This can often become a complicated process, especially if there are a lot of assets or children involved.
The most important thing after a separation has taken place is to seek legal advice as early in the process as possible because the sooner you’re aware of your rights and obligations, the sooner you’re going to be able to take steps to formalise matters between you and your former partner.

AYLWARD GAME SOLICITORS, SUNSHINE COAST LAWYERS, KEEPING YOU AHEAD OF THE GAME.

Article Source: Sunshine Coast Lawyers

Gold Coast Lawyers - Aylward Game Solicitors Brisbane

WELCOME TO AYLWARD GAME SOLICITORS GOLD COAST

Aylward Game Solicitors Gold Coast are a modern and dynamic firm of Gold Coast Solicitors and Gold Coast Family Lawyers who are strongly committed to traditional professional values of the legal practice in Australia.

The legal force Aylward Game Solicitors Gold Coast, and their collective lawyers will harness nearly 80 cumulative years of experience in the fields of Commercial & Business law, Gold Coast Family Law, Wills & Estate Planning Law, Complex Contract, Commercial Litigation, Employment law and Property law & Conveyancing; with particularly strong expertise in Children’s Matters, De Facto, Divorce, Mediation and Dispute Resolution as well as Vendor Finance and a wide suite of Business, Banking and Finance Law Services.

GOLD COAST LAWYERS

We Solve Problems, we Find Solutions, we Look After your Best Interests, and we Provide Sensible,
Practical, Real World Legal Advice in Paradise Point on the Gold Coast – Keeping you Ahead of the Game.

Aylward Game Solicitors Gold Coast is pleased to be able to provide legal services to the growing Gold Coast area.

As with our legal professionals based at our other office locations, you will find that our Gold Coast solicitors and conveyancers in the Paradise Point offices provide unmatched experience in order to deliver an ethical, professional service for an affordable price, right when you need it, including on weekends and after-hours.

We are also happy to offer home and hospital visits if required. Book now and speak with a Gold Coast Lawyer.

GOLD COAST LAW SERVICES

We Solve Problems, we Find Solutions, we Look After your Best Interests, and we Provide Sensible,
Practical, Real World Legal Advice – Keeping you on the Game.

AYLWARD GAME SOLICITORS SOLVES PROBLEMS FOR A VAST RANGE OF CLIENTS IN MANY AREAS OF THE LAW

When two people separate (after a very long relationship), financial issues can become problematic because there is stress involved with the separation itself and you have to start thinking about how to split these assets up & how to finalise things…

This can often become a complicated process, especially if there are a lot of assets or children involved.
The most important thing after a separation has taken place is to seek legal advice as early in the process as possible because the sooner you’re aware of your rights and obligations, the sooner you’re going to be able to take steps to formalise matters between you and your former partner.

AYLWARD GAME SOLICITORS, GOLD COAST LAWYERS, KEEPING YOU AHEAD OF THE GAME.

Article Source: Gold Coast Lawyers

THE CHANGING FACE OF DOMESTIC VIOLENCE IN AUSTRALIA

 

Good on you Bettina Arndt

Setting out the true facts in regard to DOMESTIC VIOLENCE

Bettina wrote in Weekend Australia dated 09/10 July 2016, “for years now all the key players in our well-orchestrated domestic violence sector have been singing from the same page, happily accepting government funds to promote the idea that domestic violence is all about dangerous men terrorising their partners”.

Where have all the hundreds of millions of dollars gone that Turnbull has boasted about going towards government funded domestic violence organisations?

Where have the monies gone?

Bettina goes on to say, “what started out as a sensible campaign to raise money for an important cause – providing support for battered women – has morphed into a huge propaganda industry determined to promote a simplistic male – blaming perspective on this complex social issue”.

Bettina refers to the powerful female bureaucrats running these thriving organisations which downplay statistics demonstrating the women’s role in family violence and which organisations promote the myth that the only way to tackle domestic violence is through teaching misogynist men (& boys) on behalf of themselves. Bettina goes on to say, “never mind that this flies in the face of the huge body of research showing most family violence involves aggression from both partners and that sexist attitudes are not a major risk factor for domestic violence in western countries such as Australia”.

Bettina in her article refers to Jim Ogloff a world-renowned researcher on violence who is in charge of research at the Victorian Institute of Forensic Mental Health. He warned the Victorian Royal Commission into Family Violence that it was misleading to suggest domestic violence was caused by patriarchal attitudes, that at least a third of family violence cases involved violent women and that family violence showed high levels of violence in both male and female partners. Violence in a relationship is unacceptable irrespective of gender.

Family violence involves a complex array of behaviors.

The fact is that a significant proportion of family violence against children is perpetrated by women – and this goes largely unreported.

It is our view that the misguided politicians have upped the vote-catching chant and have further distorted the true position in regard to domestic violence. It is not a gender issue. Women are also to blame. It must be treated in its true context of domestic violence is to be eradicated from our society. Solely blaming men is not the answer.

Certain sections of the Judiciary have also fallen into the misconception that men are to blame. It goes both ways. It is too easy for women now to claim domestic violence and have the fathers pulled out of their children’s lives with the devastating consequences of the children being alienated from their father figure. It could have serious consequences for young children in their later lives in forming stable relationships with their own families.

The sooner that domestic violence-related causes are dealt with within their true context the better it will be for all concerned.

Please check out some other articles on Domestic Violence below:

• Men and Domestic Violence
• Dedicated Domestic Violence Court Pt 1
• Dedicated Domestic Violence Court Pt 2
• How To Protect A Child From Domestic Violence

Article Source: THE CHANGING FACE OF DOMESTIC VIOLENCE IN AUSTRALIA

NEW DEDICATED DOMESTIC VIOLENCE COURT AT SOUTHPORT: GOOD NEWS FOR WOMEN OR MORE TROUBLE FOR EQUAL RIGHTS? PART 1

 

During 2014 the then-Premier, Campbell Newman commissioned former Governor-General Dame Quentin Bryce to draft a report on the prevalence of domestic violence in Queensland.  The resulting Not Now, Not Ever: Putting an End to Domestic and Family Violence in Queensland report was delivered to now Premier Annastacia Palaszczuk, at Parliament House in Brisbane recently.

The state government has announced that a dedicated domestic violence Court will be established at Southport on the Gold Coast in an attempt to provide access to justice for victims of domestic violence.

With a 20% rise in domestic violence incidents reported to police last year over the previous year I think everyone agrees that the more avenues for victims of domestic violence gain access to justice and protection the better!

The importance of stamping out domestic violence in our society is of the highest priority.  Such initiatives as the long-running White Ribbon campaign highlight the plight of the victims of domestic violence and sets out to bring out into the open the real dangers many people face.  Long-time supporter and ambassador of the campaign and Rugby League tough guy, Gorden Tallis is clearly a thoughtful choice to highlight to the community that we should all be embarrassed by the high levels of domestic violence in our Australian community.  The message is clear: Tough guys don’t abuse women.

It’s not only men

While women are more likely to experience domestic violence it is common for our Family Law practice to act for men who are victims of physical, verbal, and emotional abuse on a regular basis.

It is very often the case that people who are subject to domestic violence end up in a cycle of violence where certain events or stressors trigger the violence and the violence is repeated time and time again.  This can leave victims feeling powerless due to the imbalances in a domestic relationship related to strength, size, or simply the aggressive nature of the perpetrator.

So for all victims of domestic violence, the heralding of a specialist domestic violence Court to deal only with this worrying phenomenon is great news.  The dedicated Court will mean that the judicial staff who will be at the coal face of the problem, dealing with the real-life accounts of domestic violence will be well equipped to handle the difficult decision that comes with the job.

Should the pilot Court be a success it would seem likely that other dedicated domestic violence Courts may be considered in regional centers around Queensland and hopefully the rest of the country so that victims of domestic violence can have their sometimes life-threatening matters dealt with as quickly as possible.

Keep an eye out for next week’s installment of Charles Noble’s domestic violence court update.  “The Cons of greater access to domestic violence orders: What about those who are not victims of domestic violence and claim to be?  What are their motivations and how does it affect those around them”

Article Source: NEW DEDICATED DOMESTIC VIOLENCE COURT AT SOUTHPORT: GOOD NEWS FOR WOMEN OR MORE TROUBLE FOR EQUAL RIGHTS? PART 1

IS IT DOMESTIC VIOLENCE? HOW DO YOU KNOW AND WHAT SHOULD YOU DO? PART 1

 

Is the abuse you receive in your relationship considered Domestic Violence? How do you know and what should you do?

It is clear from the enquiries we receive from our client’s that in most cases they are not sure if what they are subjected to by a partner or other actually amount to domestic violence.

Section 8 of the Domestic and Family Violence Protection Act 2012 (Qld) sets out the types of domestic violence that are covered under the act.

Definition of domestic violence

Domestic violence means behaviour by a person (the first person) towards another person (the second person) with whom the first person is in a relevant relationship that—

1. is physically or sexually abusive; or

2. is emotionally or psychologically abusive; or

3. is economically abusive; or

4. is threatening; or

5. is coercive; or

6. in any other way controls or dominates the second person and causes the second person to fear for the second person’s safety or well being or that of someone else.

WHAT CONSTITUTES DOMESTIC VIOLENCE?

The further sections of the act set out in detail specific instances and behaviours that constitute domestic violence and what exposure to domestic violence is.  It is quite long and descriptive however it is an easy read for those not legally minded and very much worth looking at to give you a good idea of what domestic violence actually is.

As domestic violence has been well documented and studied over recent decades (and in particular in recent years) many common behaviours once thought acceptable in a domestic relationship now come under the law and penalties may arise.

The main purpose of the act and domestic violence qld Courts in the current climate is to emphasise to the public the need to protect people subject to domestic violence and that they can act quickly and effectively to do so.

Should you believe you or your family members are being subjected to domestic violence and there is a risk of further harm it is important to act quickly as the law can protect your family and at very short notice.

POLICE INVOLVEMENT

Many people fail to realise that should domestic violence occur, and if there is a need for the Police to become involved, that the Police have a duty to charge a perpetrator with domestic violence offences and may themselves see action in the Domestic Violence Courts until a Protection Orders is made for those affected.  Don’t feel as though you will be left alone to go to Court against an abusive partner if the violence is real and you are at risk.

If a Protection Order is warranted and you feel the need to apply quickly you can fill out an application and take it to a Magistrates Court anywhere in Queensland and a Temporary Protection Order is likely to be made.  Should you make an allegation of any type of domestic violence mentioned above and set out further in the Queensland Act it is likely you will be granted a Temporary Protection Order.

Be very careful however penalties can apply and legal action may be possible by a perpetrator of domestic violence should your allegations prove to be false and fictitious.

Tomorrow we will look at how it works and what you will need to do.  In the meantime remember; if you need help the Courts and the Police can act quickly and they have a positive obligation to do so when they are approached for help, so contact them now if you or your family are at risk.

Article Source: IS IT DOMESTIC VIOLENCE? HOW DO YOU KNOW AND WHAT SHOULD YOU DO? PART 1

What Is a Prenuptial Agreement and Is It Legally Binding?

Did you know that currently, some 30% of Australian marriages end in divorce? That’s a pretty scary statistic, but that’s the reality. When people get married they don’t go into the relationship thinking it’s going to end in a few years. Most view the commitment to being for life at the time. As unromantic as it sounds, it’s wise to be prepared for the big day where you sign those legally binding documents. If you are entering into the marriage with considerable assets already, as a safeguard it’s a good idea to consider a prenuptial agreement.

This is by no means a prophecy that you’re certain your marriage will fail, or even that you’re viewing it in a negative light. It’s simply a sound business decision of sorts. In every other facet of life you would be ensuring you protect yourself, so why should a romantic relationship be any different?

Not only is a prenup a good idea prior to marriage, but it’s also something to seriously consider before entering into a de facto relationship as well. These days de facto relationship is viewed the same way as a marriage by law, if you’ve been living in a domestic cohabitation for 2 years or more, so your assets could be at the mercy of your partner without a prenup should the relationship fail at some point.

Give Yourself Peace of Mind

Negotiating and signing a prenuptial agreement before the marriage takes place, or before entering into a serious domestic relationship, will alleviate a lot of the uncertainty regarding the distribution of assets should the relationship end in separation or divorce.

Not only that, the settlement after separation or divorce will be simplified and expedited as a result of having a clear and concise prenup in place. The legalities regarding finances and division of property and assets have already been worked out and agreed upon.

This takes a lot of stress, debate, and confusion out of the divorce process, leaving you free to work on getting over the failed relationship and being able to move on with your life.

A Prenuptial Agreement Is Legally Binding

A prenup is definitely a legally binding document, or it would serve no useful purpose. It is signed prior to entering into marriage or a serious cohabitation relationship. When the agreement has been worked out, the signature of each party signifies that they understand the contents of the document and agree to the document’s stipulations regarding the distribution of assets in the event of a divorce or relationship separation. The document will often include liability for debts and leaves very little confusion for either party.

Your Family Law Experts

Aylward Game Solicitors in Brisbane fully understand there may be a need for a prenuptial agreement, and our team has the experience to help negotiate a prenup that both parties are happy with. If you feel you need a prenuptial agreement, talk to us first before the big day and we’ll assist you in the process of safeguarding your assets.

Article Source: Prenuptial Agreements

IS IT DOMESTIC VIOLENCE? HOW DO YOU KNOW AND WHAT SHOULD YOU DO? PART 2

 

In PART 1 we discussed that you think the abuse you are subjected to in your domestic relationship amounts to domestic violence and now you know that fast effective help can be sought through the Magistrates Court with or without the help of the Police.

Our last blog post set out that it is important for you and the other party that the allegations you make are true.  What if you are still not sure? (Domestic Violence)

The next step is to speak to a Family Lawyer who is experienced in domestic violence matters.  The lawyer will be able to help you understand your chances of success and of the support services available to you if you do make an application for a Protection Order.

The Power Of Domestic Violence Orders

Domestic Violence Orders / Protection Orders are very powerful tools.  If it is necessary for a party to exclude another party to the relationship from the shared home this may be achieved if there is a real risk of harm to the person alleging domestic violence (“the aggrieved”) or to children living with the parties (the “named persons”).

Common terms of temporary and final Protections Orders are that:

1. A Respondent must be of good behavior towards the aggrieved and not commit acts of domestic violence towards the aggrieved or a named person (often a child or another relative who lives with the aggrieved);
2. A Respondent may not contact or have another person contact an aggrieved or named person;
3. A Respondent may not approach to within a certain distance of the aggrieved or named persons or go to a place where the aggrieved or named person may be or frequents; and
4. The Order may set out the only circumstances that contact may occur between the parties (through lawyers or at certain places such as Court events) or by what method for communication such as by text message or by email.

The Police are empowered to enforce both temporary and final Protection Orders if a party is in breach.  This can lead to criminal charges for the perpetrator and if serious enough the perpetrator may be arrested on the spot.  This gives a strong sense of protection for an aggrieved party should they need to rely on the orders they have obtained.

What is the likelihood that a Magistrate will provide a Temporary Order

Asset out in our last blog in this series on domestic violence the ambit of what the Court considers domestic violence is wide.  Due to this, in short; the answer is very likely.

The attitude of the Court is that if someone has gone out of their way to apply for a Protection Order then until the matter is settled then an Order should be made.

Expect a Temporary Order to made whilst the matter is set down for hearing and time allowed for the parties to file their evidence and respond to evidence with the Court.

What is the likelihood a Magistrate will provide a final Protection Order?

If evidence is made out at the final hearing of the matter (the Trial) that domestic violence has been perpetrated against the aggrieved and or named persons then other factors will need to be considered by the Magistrate.  Under the Domestic and Family Violence Protection Act 2012 (Qld) the major considerations then are whether it is necessary or desirable to make a Protection Order.

Unless there is a compelling reason why it is not necessary for the Order to be made (which is rare) it must also be desirable that the Order be made.  In Queensland, there is no consideration required as to what the effect the making of the Order may have on the Respondent (in some other state this is a consideration of the Court).

It should be remembered that the determination of whether an Order is necessary or desirable is at the discretion of the Court.  In our recent experience, it has almost always been the case that even without concrete evidence that domestic violence has occurred (meaning that the evidence may be allegations alone) it is very likely that a Court will make a final Protection Order for the aggrieved.

Court Protection Orders

The Court makes protection Orders readily as it is believed that should they not, and a perpetrator then harms (or worse) an aggrieved, then in such case, the whole premise of protection by the Courts would be null and void.

In our opinion it is likely that should a party seek a Protection Order that it will probably be made if there is evidence to support that domestic violence did take place.

This gives assurances to people who are the victims of domestic violence however it can often be used by vindictive or malevolent parties to a relationship as a tool to cause problems for another party and in many cases to stop a parent from having contact with a child.

Should a party make false claims of domestic violence that lead to a Protection Order being made a person who has Orders made against them may appeal to the District Court.  In this case, there is a good chance that if domestic violence allegations are disproved then the Protection Order may be overturned.

Our next installment in domestic violence looks at the Court procedure and the methods by which parties can settle matters without a determination by a Magistrate at the Court and the effect to parities of a Protection Order being made in their various forms.

Article Source: IS IT DOMESTIC VIOLENCE? HOW DO YOU KNOW AND WHAT SHOULD YOU DO? PART 2

SEPARATION, DIVORCE AND FINANCIAL PLANNING

 

SEPARATION, DIVORCE AND FINANCIAL PLANNING: What You Need To Know

My financial advisers in their recent newsletter provided advice to their clients in regard to a separation in their relationship. The financial adviser wrote, “It is an unfortunate fact of life that couples will separate and even divorce.  The financial adviser went on to say that their advisers have dealt with these difficult issues and have become sensitive to the requirements of a separating couple.

The advice given in the newsletter was, “If you and your partner have decided to separate your first course of action is to contact a solicitor who can take you through the legal process of separating your assets.  Assets include the family home, any investment properties, cash in the bank, managed funds, your superannuation, home contents, cars, etc.”  While the division of all these assets has to be determined by the Family Law Courts your adviser can help you with the following.  The newsletter went on to list the various areas where a financial Planning adviser can assist.  The assistance they provided was as follows:

Budgeting

The financial adviser can help you to establish a new budget for you in line with any changes in income and assets.

Managing joint loans

Most couples will have some form of joint loans.  The financial adviser can help you with the best way to pay these off or bring the debt down to make it more manageable for each partner.

Selling any property

The adviser went on to say that they can assist in selling the property in the most tax-effective way.  The newsletter goes on to say that sometimes the couple may choose to keep the family home and rent it out or one partner may choose to buy the other out.  The adviser can discuss the most tax-effective way for their client to sell any property investments that they have due to separation.

Re-financing and obtaining a new loan

The financial advisers have a financial Planning team that can discuss re-financing with their clients if they choose to take on the loan of the other spouse or obtaining new finance for a new property to live in.

Changing beneficiaries for super and insurance policies

The newsletter goes on to say that the clients’ superannuation is classed as an asset when it comes to the separation of property and the client will have assigned a beneficiary on the superannuation and insurance policies in the event of death.  The newsletter further states that when a client separates it will be necessary to change the beneficiaries on both of these policies and potentially even split safer assets with their former partner.

Managing long term financial needs

The financial advisers state that whether it be investing, budgeting, or making a property purchase the financial adviser can assist with the long-term goals and decisions of the client.

The newsletter concludes with the following statement, “While all of our advisers are impartial and each members’ details are strictly confidential we do recommend that if our members are separating that one member considers taking on another adviser within the financial advising group.  This will not cost either party but enables us to offer you both the best possible advice without any concern for impartiality or conflict.”

This differs entirely from the practice in a legal firm.  Solicitors can only act for one party and are unable to provide any advice whatsoever to the other party in a separation.

It is always beneficial to parties when separating to not only obtain legal advice but to obtain financial advice on all financial issues which may be affecting them as a result of the separation but in particular in regard to taxation consequences and the restructuring of their assets once the separation has occurred.

Article Source: SEPARATION, DIVORCE AND FINANCIAL PLANNING

SEX DISCRIMINATION HICKIE V HUNT & HUNT

 

“Marea Hickie, a contract partner with Sydney law firm Hunt & Hunt, brought a complaint against her employer after her request to work part-time following the birth of her child was refused. She claimed the firm had given away her client base while she was on maternity leave. In a complaint heard by HREOC, Commissioner Evatt found that the law firm had indirectly discriminated against Ms. Hickie by requesting to work full-time in order to maintain her practice. The firm was ordered to pay $95,000 in compensation. The case highlighted the importance of employers putting in place flexible working arrangements.”

The Commission had to examine whether there was enough evidence to support direct or indirect discrimination. At that time, in order to prove direct discrimination there had to be an appropriate comparator, meaning, to compare one individual’s treatment against the general standard of treatment in the given organization. This would assist the Commission to decide whether the person in question has been directly discriminated against.

In contrast with direct sex discrimination, in order to prove indirect discrimination, Ms. Hickie had to prove that a requirement or policy existed which a substantially higher number of men than women could comply with. Ms. Hickie also had to show that she could not comply with the requirement and that the requirement was not reasonable in the circumstances.

The Commission found that the firm had indirectly discriminated against Ms. Hickie because the firm removed Ms. Hickie’s practice from her due to her intention to work part-time. This amounted to a requirement, policy, or condition that she work full-time to maintain her plaintiff practice.

The Commission further found that failing to renew Ms. Hickie’s contract amounted to indirect sex discrimination which was not reasonable in the circumstances. It was Commission’s view that the requirement to work full-time would disadvantage women. The firm’s own records showed that most part-time workers at the firm were women. The employer failed to prove that Ms. Hickie couldn’t complete all duties allocated to her showed that the requirement to work full-time was unreasonable.

Article Source: SEX DISCRIMINATION HICKIE V HUNT & HUNT