Jamesnoble's blog

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.

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.

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.

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?

For a Successful Mediation
Mediation is a form of Alternative Dispute Resolution (ADR) where parties can negotiate the property and or parenting terms of their separation outside of the Court. Mediation can be cost-effective, efficient, flexible, and is a viable alternative to Court proceedings.

TAKING IT TO COURT? CONGRATULATIONS! YOU AUTOMATICALLY QUALIFY FOR A FAMILY REPORT.
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.

If an application has been lodged with the Child Support Agency, and for whatever reason, there is a debt outstanding on the assessment of child support by the agency, how is that debt recovered?

The principals in the legislation QLD are summarised as follows:

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).

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.