Overview of Domestic Violence Laws
This article is an overview of Domestic Violence laws in Queensland which is governed by the Domestic and Family Violence Protection Act 2012 (“the Act”). Given the rise in Domestic Violence, a specialist court has been established within the Southport Magistrates Court to provide consistency and to deal with complex and difficult situations. Anyone who suffers from any form of Domestic Violence is encouraged to contact DV Connect on 1800 811 811 (24 hours a day/7 days a week).
Special Needs of Children in Property Settlement Matters
In the event of separation, parties to a marriage or de facto relationship will have their property divided in accordance with the provisions of the Family Law Act 1975 (“the Act”). The two main objectives that underline the property settlement provisions of the Act are (1) to finalise the economic relationship between the parties as far as practicable and (2) to provide certainty to parties in the future.
International Child Abduction
The Family Law (Child Abduction Convention) Regulations 1986 ("the regulations") govern the procedures and the application of the substantive law for applications for a child to be returned to a reciprocating jurisdiction.
Compensation Claims in Family Law Property Settlement Proceedings
Given the significant number of personal injury compensation claims currently being processed, it is important to consider how these monetary contributions affect matrimonial and de facto property settlement proceedings in the unfortunate event of separation. This paper outlines how the Courts have dealt with finalised or pending compensation claims in family law property settlement matters.
Dealing with Trusts in Property Settlement Disputes
Allegations are sometimes made within property proceedings that a trust is a sham trust. A popular argument raised within property settlement proceedings is that a party to the proceedings has the control or influence over the trust which, if proven, would lead to a finding that the property of the trust ought to be included as property available for distribution between the parties in a matrimonial or de facto property settlement.
Defining the De Facto Relationship
Does having a child together mean that a de facto relationship exists? Substantial changes to de facto law were introduced on 1 March 2009. The major change that occurred was that de facto couples would be treated the same way as married couples have been for years. De facto couples in property settlement disputes are now heard in the Federal Magistrates Court of Australia or the Family Court of Australia.