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Australian Criminal Law

Submitted by Jamesnoble on Wed, 02/22/2023 - 19:06

The international US story of a 34-year-old female teacher (Letourneau) who seduced one of her 12-year-old students (Fualaau) into a relationship raises clear questions as to how this situation would be dealt with under Australian Criminal Law. Letourneau originally pleaded guilty to two counts of felony second-degree rape of a child in 1997 and was sentenced to seven years imprisonment as a result. As this is a US case, the legal position is slightly different in the Australian jurisdiction.

What Are You Worth in Your Property Settlement?

Submitted by Jamesnoble on Tue, 02/21/2023 - 21:21

That is (sometimes) the million-dollar question. In determining what a client is worth in a property settlement, we (and the Court) utilise a 4 step process.

The 1st step is to determine the value of the net asset pool that is available for division between the parties. This includes adding up the value of all the assets (whether in one party’s name or joint names), taking away all the liabilities and then working out the net equity.

Remember, both parties’ superannuation form part of the net asset pool also.

What is the Sentimental Value in Property Settlement Australia?

Submitted by Jamesnoble on Mon, 02/20/2023 - 20:06

Sentimental Value in Property Settlement
Sentimental valueIn determining how the property pool is split, the Court has previously highlighted the difficult and sometimes unique circumstances where one party may have sentimental value in an asset.

In one particular case, the Husband of the proceedings was given 14 days to retrieve the ashes of his deceased parents which had been laid in a memorial on the family farm. During the divorce proceedings, the farm had been awarded to the wife.

What Arbitration law decides for you? Is it for you? And how is It?

Submitted by Jamesnoble on Sun, 02/19/2023 - 20:35

Is Private Arbitration law for you?

Did you know that you can get an impartial, independent decision regarding the division of your relationship property (and even your child custody matters) from an experienced Brisbane family lawyer who can make, essentially, the same decision as a Judge so you can move on quickly?

How To Prepare A Family Report?

Submitted by Jamesnoble on Wed, 02/15/2023 - 19:12

It is inevitable that parents who institute proceedings in the family court involving their children, will if the parenting issues relating to the children are not resolved, be required to attend a conference and consult with initially a family consultant attached to the court, and if the matter proceeds further in the court process with a family report writer.

What is The Parenting Bill?

Submitted by Jamesnoble on Fri, 02/10/2023 - 19:32

A proposed new forum for resolving family law disputes relating to children. The parenting bill proposes to establish a new statutory authority to offer self-litigants (parents who do not have legal representation) an alternative to having their matters heard in the Family or Federal Circuit Courts (The Family Courts).

Parental Responsibilities & Solving Children's Issues

Submitted by Jamesnoble on Thu, 02/09/2023 - 19:50

You have had counselling with your partner and possibly your own counselling to solve Parental Responsibilities. Matters cannot be resolved. You have received financial advice to know what your financial future holds.

You have endeavoured in every way possible to negotiate with your partner but without success. The stumbling block seems to be who is to care for your children.


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