What is Elder Law And How Can It Help You?

As the Australian people age, the need for specialist legal opinion in vital areas of practice increases. Elder Law in Australia is a developing and increasingly prevalent part of the practice of Law. Elder Law Australia also involves other professionals, including medical practitioners, aged care nurses, financial planners, accountants, nursing, Law, and medicine. Older Australians are a growing proportion of the total population. In 2018, 15.7% of Australians (3.9 million) were aged 65 and over, and 11.6% (2.9 million) were aged 55-64; these proportions are projected to grow steadily over the coming decades. Women make up more than half of the population in older age groups; up to 62% (312,000) of Australians aged 85 and over are women. (Source: ABS 2018)

What is Elder Law?

Elder Law includes several different regions of Law, but at its beginning, there is an overriding emphasis on the liberties and accountabilities of those in the later scenes of life. Elder Law Australia is vital in assuring that aging people are properly affected and informed. Elder Law Australia often intertwines with the medical, accounting, and economic planning faculties to ensure that the Elder can appreciate what they are performing and that their judgment does not deteriorate or detrimentally influence their financial safety.

Critical sectors of Elder Law include:

• Inheritance planning involving the drafting of Wills and Enduring Powers of Attorney;
• Dispute determination involving Wills and Enduring Power of Attorney conflicts;
• QCAT petitions, including the council of decision-making proficiency;
• Property consequences such as walking into a retirement house or aged care and “granny flat” consensuses;
• Financial abuse; and
• Elder abuse.

Elder Law understands that the desires and regulations of the aging society are unusual for that age group. As awfully, the direction and liberation of lawful assistance must be adapted thus.

What is elder abuse Qld?

The Australian Government is devoted to deterring and conceding to elder abuse Qld. The Attorney-General’s Department procures policy assistance to deal with Elder abuse. We cannot advise the populace properly or analyze any objections to illegal or abusive behavior. For subsidy with probable or natural lawsuits of Elder abuse, relate to evidence on the Elder abuse phone line.

Abuse of aged people is a complicated case frequently caused by somebody believed by the senior person, such as a family member, partner, professional, or paid caregiver. Abuse can happen in several environments, containing the former person’s home. Occasionally, both the patient and perpetrator do not recognize that what is happening is abuse. Elder abuse Qld involves both men and women and civilization from all hikes of life. Currently, relatively than one usually recognized explanation in Australia, there are descriptions and shelves to interpret the abuse of aged people. To date, there has not been population-level prevalence research of Elder abuse conducted in Australia. However, a paper from the Australian Institute of Family Studies classified the majority of Elder abuse between 2% and 14%, with neglect occurring at possibly higher rates (Kaspiew et al., 2016). An ahead survey of small-scale majority studies in Australia found conclusions varying from 2.3% to 5.4% (Kurrle & Naughtin, 2008).

Statistics about Elder abuse in Australia

Elder abuse is a crucial public health crisis. The World Health Organization (WHO) statistics show that around 15 % of Australians are over 65 – roughly 3.7 million. Australia has an aging society, and this quantity will rise to 23 % of the community by 2055. While there is no traditional level of the majority of Elder abuse in Australia, researchers in the United Kingdom and Canada have found that between 2 % to 8 % of the population older than 65 experience short one form of misuse in any year. The fact also suggests that most abuse of aged people is intra-familial and intergenerational, making it complicated to address. Analysis of 2 years of data from Seniors Rights Victoria indicated that 92% of abuse was by a family and 67% by an adult child (Joosten et al., 2015). A crucial risk characteristic was cohabitation with the perpetrator, except for economic abuse, in which lawsuit dwelling lonely was a risk characteristic.

Limited research is accessible concerning the abuse of older Aboriginal and Torres Strait Islander people. Society-wide characteristics, such as ageism and racism, affect Indigenous and non-Indigenous Australians. However, the experiences of older Indigenous people indicate a different cultural and historical context. As a first step towards comprehending Indigenous Australians’ experience with Elder abuse, the AIHW has been helping on a project together with the Attorney-General’s Department reporting on the defenselessness of Aboriginal and Torres Strait Islander people aged 50 and over, with an emphasis on risk factors and defensive factors that can allow or impede abuse. The AIHW has analysed data from over 20 sources—from social surveys to administrative records covering demographic factors of this companion, along with consequences and service use data related to aged care, health and functioning, social and emotional wellbeing, housing conditions, schooling, livelihood and financial safety, alcohol and entity use and security (AIHW 2019).

The acknowledgment of Elder abuse in Australia

An aspect of the Australian Government was given to execute and strategy to Protect the Rights of aged Australians. The grant is:

• sponsoring the commission of the National Plan on Elder Abuse
• aiding the improvement of an Elder Abuse Knowledge Hub
• enhancing our awareness of the health and majority of Elder abuse in Australia through victim research actions.

Elder Abuse Qld Service Trials in Australia

The Elder Abuse Service prosecutions include the following elements-

• Expert Elder abuse departments

The departments comprise attorneys, civil workers, and other experts and assistance teams, who will help customers to expand a lawsuit plan and react to their person’s desires.

• Health-justice agreements

Aged people in the natural care policy specified by health care workers and public workers as existing in danger or potentially subjected to elder misuse can permit specialized legal assistance. These jobs cooperate with the health policy and relevant referral agents, such as society aged care aids. Early indication implies this model attains fragile people who are not differently specified, such as those encountering neglect or privacy.

• Case administration and mediation aids

Case management and mediation aids work with the aged person and their class to discover solutions to the underlying crises driving misusage. Elder abuse can have its seeds in complicated family connections, where there is a dispute between adult juveniles, family decomposition, family unrest, and cognitive health crises. This type recognizes that aged people may strive to first house problems within their family before striving for outer aid.

Legal Issues Affecting Senior Citizens

As Australia’s community is aging, there is an improving need for skilled lawful assistance modified mainly to the problems involving the elderly population and their special ones, which has glimpsed a development in Elder law assistance. Elder Law directs the liberties, obligations, and legal issues that question or chiefly affect Elders or aged people. It usually deals with four primary areas of interest, long-term health interest problems, the authority of private relationships, Elder abuse, and property planning and administration. Elder Law always includes additional specialists such as economic planners, accountants, medical practitioners, and older care sitters.

The Instance of Elder Financial Abuse

Elder financial abuse is the unfair or inappropriate aim of an older person’s estate, finances, or different aids by another individual with whom they usually have a connection, containing a family partner, helper, or carer. It usually happens when the aged person is weak, alone, frail, or separated and is sensitive to abuse.

Some instances of elder financial abuse include:

• Misappropriation of estate, wealth, or valuables. Those can vary from the casualty of money by reducing money from a wallet to the cashing of cheques for huge percentages of cash, a casualty of jewelry, utensil, portraits, or other furnishings;
• Mandatory alters to a Will or different legitimate paper – making a fresh Will in blessing a new partner or another family partner.
• Power of Attorney may be obtained improperly from someone without decision-making ability.
• Rejection of the freedom to enter private accounts – A family partner may take custody of a person’s finances or banking. In contrast, the aged person is, however, able to conserve their relationships.
• Forging of signatures – on bank papers or legal papers to attain economic help to the liability of the senior person;
• Misusing Enduring Power of Attorney and spending the Elder’s funds improperly or not for their advantage;
• Getting on grocery shopping and not repaying the change;
• Utilizing an older person’s estate to attain a Mortgage or Finance;
• They enable a senior to sell their house or give someone wealth, with a vow to look after them for being or to deliver them with alternative housing, and then decline to do so.

Unfortunately, elder economic abuse is continuously excavated by family members and is never known by the senior. Still, specialists, including attorneys and accountants, may also be prepared to specify or doubt elder economic abuse in their cases.

The civil Elder constitution for Elder

Some of the civil Elder constitution work that we can help you with includes:

• Property Planning involving the trial of Wills, Powers of Attorneys, and Guardianship papers;
• The appointment of alternative decision-makers in the incident of inability through Enduring Guardianships or Enduring Powers of Attorney or progressed care charges;
• Capability concerns involving the capacity of an older person to render judgments and file legal papers;
• Contractual advice about housing comprising retirement villages or nursing homes;
• Guidance relating to conflicts, abuse, or racism to seniors and their freedoms;
• Economic abuse devoted to elders;
• Advice on disputing a Will;
• Advice on financial conflicts with companies, banks, family, and partners;
• Advice and lawsuits against economic advisers for improper investment guidance;

What Does an Elder Law Attorney Do?

Elder law attorneys are lawyers for the elderly and their precious ones. Elder law lawyers deal with a vast expanse of legal consequences involving an older or injured person, including problems related to natural care, long-period care planning, custody, retirement, Social Security, Medicare, and other crucial consequences.

In numerous ways, elder law solicitors are “specialists” because they emphasise the desires of aged adults, which are always various and more specialised than inexperienced adults’ desires. Not only can they deal with substantial financial and property planning consequences, but they also take maintenance of day-to-day problems involving the natural care of elders, such as assisted occupancy and planning. In improvement, elder law solicitors are always more able to deal with aged or paralysed adults’ emotional and natural desires. They are thus able to deal with a variety of difficult circumstances.

How Can an Elder Law Lawyer Help You?

An Elder law lawyer can help with any one of the following:

• Discuss the significance of wills and property planning, including scheduling for a minor or adult with unique desires, probate proceedings, and other matters.
• Establish a strong power of attorney.
• Assist with health care and planning, comprising long-period care choices, client rights, Medicare, and nature care power of attorney.
• Economic representation: economic planning (comprising financial solid power of attorney), accommodation reliefs and planning, earnings, property, and estate tax matters.
• Guardianship: assistance with the choice and authorization of a legal guardian.
• Assist locate long-term care capacities and manage living expenses.
• Clarify nursing home citizen rights and assistance file nursing home lawsuits.
• Induct a residence will or different progress charges, including a strong power of attorney and long-term planning papers.

How to Find an Elder Law Attorney

There are various ways to find a skilled elder law attorney. Referrals from friends and family or online research may be a good beginning. Still, not all websites are similar unless you stay in a similar state as your friend or relative or have unlimited hours to spend online. In Aylward Game Solicitors, You find the best Elder law attorney for your legal help.

Frequently Ask Question

How does elder Law differ from public law practice?

Elder Law is a subspecialty of property planning. Elder law lawyers assist individuals and their families with proposals for retiree advantages, healthcare, long-term interest, Medicaid and Medicare coverage, home care, and nursing household care. We also assist with decision-making papers and furnish advice on other legitimate problems for elders and people with disabilities. We provide clients and their families with an extra holistic process because we pay much time learning about their desires and needs. Our job is not just an agreement. We quarterback a team that comprises economic planners, accountants, security agents, and other specialists to construct and execute a reasonable plan for each case.

In what era should a person communicate with an elder law lawyer?

There is no right or wrong age, but by age 60, you should begin the planning procedure. The longer you stay in life, the extra you run, the danger of your wealth not being insured, or you may miss your ability because of health issues. We also suggest that our customers do multigenerational planning by assisting their children to start inheritance plans, for example, when they are in their 30s with youthful children.

How much trial is required in my role?

We assistance address interests and facilitate explanations so there will not be problems with your inheritance and family death. Common issues we ask are: Do you obtain any VA advantages? Do you have an additional insurance policy? How long do you scheme to work? When do you schedule to take your Social Security? Who is taking care of your pet? Do you need to set up a pet account or vacate a pension to take care of your pet? Do you want to vacate your guns to a gun certainty if you have pistols? The deceased is the entry to a person’s online accounts if they serve disabled or pass. Years ago, we never had to believe in legal problems like these. We realize all the issues to ask, and we carefully walk you through the planning procedure.

What about planning for a paralysed or pendant kid?

If the kid obtains government help, we might want to set up a personal wants trust so they will not miss the advantages, but the money will be accessible. It is also significant to deem the reasonable trustee for the kid with disabilities in the fate.

How do I avert probate?

Some people will establish trust. Some will quote the inheritor. Some will select to do nothing with planning circumstances. Probate laws fluctuate in each state and jurisdiction. An elder law lawyer assists notify the client of the laws in their jurisdiction.

How do I stop estate taxes?

That’s a crucial percentage of money an individual may leave without paying estate taxes on the national side. A few states still have estate taxes, so you have to pay awareness to that, mainly if you walk from one state to another. But overall, maximum people do not desire to file an estate tax return.

How do I maintain my properties?

There is a myriad of choices accessible. Each state will be particular, but you can lend your aid away. You can settle them in an irrevocable trust. You can buy long-term maintenance security or seize your opportunities and do nothing. There are staying times that must be fulfilled in the decree to conserve the assets. A will organise who will be in the tax of allocating your assets as you specify. You also might want to have a separate memorandum in improvement to the will that appoints extra sentimental estate like the old clock on the mantel.

What about end-of-life care?

We discern people through the health procedure, including prepping progress charges and medical power of attorney. We ask about life assistance and whether you need to be an organ contributor. We have also put up with courses on ability and excessive impact. We understand how to infer when someone is not 100 % competent to approve medical and legal papers.

Do you assist with funeral agreements?

We assist you by asking if you want to be put in or cremated, and if you have had additional than one marriage, we inquire which spouse you want to be buried with. We tell people to prepare funeral and burial agreements now so everybody understands what you need.

What about electing personal deputies?

We conversation with you about whom you need to fulfill as your deputies. Are they credible and responsible? Is their partner going to get implicated and do the untrue thing? If you elect two people, can they work well jointly? We help you infer if you need somebody to deal with your health judgments versus your economic judgments. The lowest line with elder Law is that you get what you spend for. You can’t strive to do this planning on your own.

Article Source: Elder Law Australia 

Should Employers Introduce a Social Media Policy?

 

In Australia, some 12 million people have Facebook accounts. Then there are all the other popular social media platforms such as Twitter, Pinterest, Instagram and more. The modern world has become obsessed with posting anything and everything publicly on various forms of social media. (Social Media Policy)

As an employer, should you place restrictions on what your employees can post on their private social media accounts? Is it even any of your business?

Private Vs Professional

What people may do in their private lives might seem like none of an employer’s business, but when it comes to behavior, particularly on social media, it can have an impact on the reputation of your company.

After all, your employees are company representatives, and you don’t want them to be seen behaving inappropriately on their social media accounts.

People have had their employment terminated for social media abuse, and often it’s warranted.

Behavior such as defaming the company they work for, posting derogatory comments on something like Facebook about a work colleague, or anything else controversial that could paint your business in a negative light.

The best way to ensure employees “behave” on social media, and so you have some legal standing in the event of terminating someone’s employment due to social media poor form, is to have in place clear social media policies for all employees to abide by.

This doesn’t just pertain to how a worker uses their social media accounts during work hours, but in their own time as well.

Company Reputation

It’s your business and your company’s reputation on the line, so it’s imperative that you draw up a list of clear and reasonable social media policies. These policies also need to be clearly and regularly communicated to your staff to ensure complete understanding and compliance. Make the policies fair, and also ensure that senior staff set a good example to follow.

To discuss your social media policies or to determine your legal standing in the event you need to terminate someone’s employment for breach of your social media policy, talk to your employment law experts in Brisbane – Aylward Game Solicitors.

Article Source: Social Media Policy

What is an out of court settlement and when Is Civil Litigation Necessary?

 

The process of resolving a dispute between two parties through the court system is known as civil litigation. It can occur when one party wants to sue another over things like unpaid debts, the breach of a contract, negligence, and a whole host of other circumstances.

Ideally, you want to make the process of civil litigation the last resort if possible, as it can be drawn out and costly. Therefore, is civil litigation entirely necessary to resolve a dispute? Are there other options open to both parties to more amicably come to a satisfactory agreement or solution?

Try Negotiating An Out of Court Resolution of Court Settlement before commencing civil litigation

Often times agreements can be reached outside of the court processes. This can be a lot less stressful, as well as easier on the wallet.

In the case of a debt that is owed, for example, perhaps a payment plan to chip away at the debt can be agreed upon.

When is Civil Litigation Required?

In the case of breach of contract, perhaps amendments to the contract can be negotiated to find a satisfactory resolution for both parties without the need to ever see the inside of a courtroom.

Whether you decide to proceed with civil litigation or not, you’ll need legal representation; a lawyer who is an expert in litigation cases. Your lawyer can also help you come to an agreement with the opposing party, and quite possibly negotiate a deal that doesn’t involve having to take the matter to court.

In Brisbane speak with your civil and commercial litigation experts at Aylward Game Solicitors to try and negotiate an out-of-court resolution and settlement. Even if you just need some helpful advice to know what your rights are and where you stand, we are the team to call. Take some of the stress out of the situation and make arrangements to meet with one of our experts today. It’s well worth it for your peace of mind.

Article Source: Civil Litigation Necessary

Cant afford your First Home? Flat Pack Housing FTW

 

Flat Pack Housing Saves Money

With house prices seemingly on a “never-ending price rise”, buying your first home may seem out of reach. However, buying your first home might not be as impossible as it seems. There are companies within Australia that are now supplying “flat-pack” style housing for as little as $35,000.00.

These houses are built by producing pre-fabricated panels in a factory and then installed on-site. This allows houses to be built quickly, easily and keeps the cost to a minimum. The concept behind this style of housing is that extra rooms can be added at a later date (when further funds are available).

See also: How to complete the new GST Withholding section in REIQ Contracts?

Exciting times

This is an exciting development in the housing industry and provides an option that has not previously been available. This style of housing is great for first home buyers and it is also perfect for granny flats, B&B’s or holiday homes.

If you are looking to build a home on a budget or you are looking for something that is outside the standard housing market, flat-pack housing might be worth considering.

As always, the consideration of your contract is critical. And that’s where we can help. Contact a property law and contract expert you can trust on 1800 217 217 or book a free 20-minute appointment on our website today.

Article Source: Afford your First Home

Guidelines for meeting upcoming AGM and financial reporting requirements following Coronavirus

 

Annual General Meetings

Coronavirus (COVID-19) may temporarily impact companies’ ability to hold an annual general meeting (AGM). This issue is most immediately relevant for listed and unlisted public companies with 31 December balance dates that are required to hold an AGM by 31 May 2020.

For These Entities, ASIC:

• Confirms it will take no action if the AGMs are postponed for two months; that is, until the end of July
• Supports the holding of AGMs using appropriate technology.

The full text of our ‘no action’ position is attached.

ASIC cautions entities against holding an AGM while there are restrictions on large gatherings unless the entity can provide members as a whole with a reasonable opportunity to participate in the meeting.

Commissioner John Price said a degree of flexible pragmatism was needed to deal with the issue. ‘Consistent with the Council of Financial Regulators’ statement that they would move to adjust the timing of regulatory initiatives so financial institutions could concentrate on their businesses and assist their customers, we will focus on helping entities with the difficulties created by this situation.

‘Our position is under continuous review. We are liaising closely with advisors and industry bodies so that we can understand our stakeholders’ needs and respond pro-actively,’ he said.

Financial Reporting Requirements Obligations

ASIC is closely monitoring developments that may affect financial reporting requirements, talking to market participants and auditors, and considering possible impacts and responses. At present, there appear to be no widespread indications of any significant issues for entities in meeting their full-year and half-year financial reporting requirements obligations on 31 December 2019.

Entities With 31 March or 30 June Balance Dates

ASIC will carefully monitor how market conditions and COVID-19 are affecting financial reporting AGM and financial reporting requirements following Coronavirus obligations for these entities and may update this guidance if needed.

ASIC’s Formal ‘no-action’ Position on AGMs due by 31 May

Entities with a financial year-end of 31 December may find it difficult to hold their AGM by the deadline of 31 May 2020 due to the restrictions on large gatherings, travel restrictions and concerns from members about attending large-group meetings in the COVID-19 situation.

ASIC does not have the power to grant extensions of time to hold an AGM on a ‘class basis’, i.e. to all entities with a financial year ended 31 December 2019. We have therefore provided a ‘no-action’ position on upcoming AGMs that need to be deferred or that are held online.
Two-month extension by ‘no-action’ position ASIC has adopted a two-month no-action position for entities with a financial year-end of 31 December 2019 that do not hold their AGM by 31 May 2020. At present, these entities ideally will be able to hold their AGM by the end of July 2020, but the situation will remain under review.

This ‘no-action’ position means that ASIC will not take action against an entity with a financial year-end of 31 December 2019 that fails to comply with s250N(2) of the Corporations Act 2001 provided the entity holds the AGM by 31 July 2020 or such later date as ASIC advises (‘extension period’).

Hybrid and Virtual AGMs

Some entities may wish to proceed with holding their AGM by 31 May 2020 or during the extension period, using technology to comply with COVID-19 restrictions. This may include a ‘hybrid’ AGM (where there are a physical location and online facilities) or a ‘virtual’ AGM that is conducted solely online.

ASIC understands the benefit of hybrid and virtual AGMs in the current circumstances, including encouraging members to vote by proxy and participate electronically. In circumstances where a notice of the meeting has already been dispatched to members, we support entities sending supplementary instructions to their members electronically, on their website, and via a market announcement.

The legal status of hybrid and virtual AGMs

ASIC considers that hybrid AGMs are permitted under the Corporations Act but entities need to check whether their constitution restricts meetings being held in this way. ASIC does not have the power to modify the Corporations Act to facilitate hybrid AGMs where they are not permitted under an entity’s constitution.

There is some doubt as to whether the Corporations Act permits virtual AGMs and there may also be a doubt as to the validity of resolutions passed at a virtual AGM. ASIC does not have the power to modify the Corporations Act to facilitate virtual AGMs. However, we have provided a no-action position on virtual AGMs – see below. Entities should also consider whether they can hold a virtual meeting under their constitution.

Entities that are concerned about the validity of virtual meetings may wish to seek legal advice on section 1322 of the Corporations Act. Various irregularities associated with meetings held for the purposes of the Act are not invalidated unless the Court makes a contrary declaration. A person may be also able to apply to the Court for an order addressing other irregularities.

No-action position on virtual AGMs

ASIC intends to take a no-action position on non-compliance with provisions of the Corporations Act that may restrict the holding of virtual AGMs where an entity elects to hold a virtual AGM in order to comply with the statutory 31 May 2020 deadline or during the extension period.

This ‘no-action’ position on virtual AGMs is conditional on the technology providing members as a whole a reasonable opportunity to participate (sections 249S). In ASIC’s view, this would include:

• Members being able to ask questions of the auditor and about management.
• Voting occurring by a poll rather than a show of hands.

Entities should make an assessment of their AGM-facilitating technologies in advance of holding the meeting and consider whether it adequately addresses these conditions. If there are concerns, entities can instead postpone the AGM and hold it later in reliance on ASIC’s no-action position on deferred AGMs.

No-action on sending supplementary notices electronically

ASIC also intends to take no action on any contravention of the Corporations Act if an entity has dispatched a notice for a meeting to be held on or before 31 May 2020 and at least two business days before the meeting is held, the entity sends members supplementary instructions for on-line participation by:

• Electronic message (if the member has provided the relevant details).
• A notice on the entity’s website and
• A market announcement if the entity is listed on a market.

This ‘no-action’ position covers any failure of the supplementary instructions to comply with sections 249J of the Corporations Act.
What if the entity cannot facilitate online participation in their meeting?

Entities that have a constitution that restricts on-line participation in an AGM or that cannot otherwise provide effective on-line participation for logistical or technical reasons can also rely on ASIC’s ‘no-action’ position for deferral of AGMs. Postponing an AGM where an entity has made advanced preparation may cause significant cost and inconvenience, but holding an AGM where few members can participate either in person or online might not comply with the Corporations Act and produce an unsatisfactory outcome.

Note on status of ASIC’s ‘no-action’ positions for AGMs

ASIC’s general policy on ‘no-action’ positions and their status is set out in Regulatory Guide 108 No-action letters. In particular, it should be noted:

• A ‘no-action’ letter is an expression of regulatory intention about how to exercise ASIC’s powers. The purpose of a ‘no-action’ letter is to provide an indication as to the future regulatory action that we might take.
• An ASIC ‘no-action’ letter does not necessarily preclude third parties (including the Office of Director of Public Prosecutions) from taking legal action in relation to the same conduct or conduct of that kind. Nor does it prevent a court from holding that particular conduct infringes the relevant legislation. ASIC does not represent that the conduct covered by the ‘no-action’ letter will not be held to contravene the relevant legislation. Nor does ASIC undertake to intervene in an action brought by third parties in respect of such conduct.

For guidance on your obligations in this evolving space, please contact our experienced commercial law department on 1800 217 217.

Article Source: AGM and financial reporting

Civil Partnerships Become Registered Relationships

The Civil Partnerships Act 2012 was one of the last pieces of legislation passed by the previous session of Parliament, and it was very quickly amended by the Civil Partnerships and Other Legislation Amendment Act 2012, which was one of the first pieces of legislation passed by the new session of Parliament. There are three particular changes introduced by the later Act.

First of all the phrase, Civil Partnership has been replaced by the phrase Registered Relationship. So Queensland no longer has Civil Partnerships, it has Registered Relationships. Any couples who entered into Civil Partnerships before the legislation was amended have automatically been converted to Registered Relationships.

Secondly, the possibility of an official ceremony to celebrate a Registered Relationship has been removed by the amendments. This does not of course prevent informal celebrations, but an official ceremony is no longer a possibility.

The third change is a logical consequence of the second, with no official ceremonies there is no longer a need for Civil Partnership Notaries, which were provided for in the original legislation, and therefore the amendments take out the provisions dealing with that.

What may have been overlooked amongst recent media coverage is that Registered Relationships are available for couples of the opposite sex who choose not to get married as well as for same-sex couples. Entering into a Registered Relationship does have some legal consequences, although the more significant legal issues of property settlement and parenting arrangements remain the province of the federal Family Law Act.

For legal advice in relation to all family law matters, including de facto situations, property settlement, parenting, surrogacy, divorce, or Binding Financial Agreements (prenuptial agreements) please contact our partner Ian Field on 07 3236 0001 or by e-mail at ifield@aylwardgame.com.au

Article Source: Civil Partnerships