ON 12 SEPTEMBER 2014, Mosman Mayor Peter Abelson posted his Mayoral Annual Report 2013-14.
Sydney, Australia
1300 00 2088
Category Archives: LAW FIRM
New Alcohol Interlock Laws
From 1 FEBRUARY 2015, new drink driving laws come into effect. It will be mandatory for courts to order drivers convicted of high range, repeat and other serious drink driving offences with a minimum license disqualification and a minimum 12 month participation in the alcohol interlock program.
For further information go to:
- New Alcohol Interlock Laws
- Factsheet on Mandatory Alcohol Interlock Program
- Factsheet on Increased Traffic Offender Penalties
- Factsheet for Legal Practitioners
- Guardian Interlock
- Draeger Safety Pacific
- Alcohol Interlock Program – Information for Participants
Sydney, Australia
1300 00 2088
JA v Commonwealth (Department of Defence) [2014] AusHRC 72
IN MAY 2014, the Australian Human Rights Commission delivered JA v Commonwealth (Department of Defence) [2014] AusHRC 72.
The President found that the a sailor from HMAS Cerberus was arbitrarily and unlawfully held in breach of the International Covenant of Civil and Political Rights when he was arrested by the Police and held by the Navy for a period of 7 days without being properly charged.
Sydney, Australia
1300 00 2088
Commonwealth Bank of Australia v Iinvest Pty Ltd (In Liq) [2014] NSWSC 1257
Commonwealth Bank of Australia v Iinvest Pty Ltd (In Liq) [2014] NSWSC 1257
Sydney, Australia
1300 00 2088
Revised Legal Aid General Criminal Law Panel Practice Standards
Revised Legal Aid General Criminal Law Panel Practice Standards take effect from 15 September 2014.
Sydney, Australia
1300 00 2088
Notice of Intention to Suspend North Sydney Council
ON 15 SEPTEMBER 2014, the Minister for Local Government issued North Sydney Council with a Notice of Intention to Suspend under s438I of the Local Government Act 1993 (NSW).
Under the Act, the Minister has the power to suspend the Council and install an interim administrator for a period of 3 months to “restore the proper or effective functioning of the council”.
The Council has 14 days from 15 September to respond with a submission. The Minister will consider the submission before deciding whether or not to suspend the Council.
The Mayor intends to hold an Extraordinary General Meeting, open to the public.
1300 00 2088
Reference under s443A of the Criminal Code by the Attorney-General for the Northern Territory of Australia of the convictions of Alice Lynne Chamberlain and Michael Leigh Chamberlain
ON 15 SEPTEMBER 1988, Michael and Lindy Chamberlain were acquitted by the Northern Territory Court of Criminal Appeal, who quashed their earlier convictions.
1300 00 2088
How to Apply for a Divorce
Australia has a no-fault system of divorce.
The Family Law Act 1975 (Cth) defines “divorce” as the “termination of a marriage otherwise than by the death of a party to the marriage”.
The Family Court, state Supreme Courts and Federal Circuit Court have the jurisdiction to grant a divorce or a decree of nullity to either Australian citizens, persons domiciled in Australia or persons who are an ordinary resident of Australia and have been so for the 12 month period prior to proceedings being instituted. Proceedings are usually brought in the Federal Circuit Court.
A party may make an application for divorce if there has been an irretrievable breakdown of the marriage and the court is satisfied that the parties have separated and lived separately for a continuous period of 12 months before the application and there is no reasonable likelihood of the cohabitation being resumed. The divorce order takes effect 1 month after the date on which the divorce order is made.
The steps to be taken when seeking a divorce are as follows:
- Complete an Application for Divorce which can be obtained by downloading the Application for Divorce Kit.
- Swear or Affirm the application in the presence of a lawyer, Justice of the Peace or other authorised person.
- Make two copies of the application and supporting documents.
- File the an original and two copies of the application and a copy of the marriage certificate at a family law registry. The documents may be filed in person at the registry or by post. A filing fee must be paid.
- Receive a hearing date and documents, which the court will give you at the time of filing the application.
- Serve a sealed copy of the application and information brochure on your spouse at least 28 days if your spouse is in Australia, or 42 days if your spouse is overseas.
- Attend the hearing. If there is no child under 18, you are not required to attend. If there is a child under 18 and the application is a joint application, you are not required to attend. If there is a child under 18 and the application is a sole application, your are required to attend.
- Outcome. If the application is successful, the court will grant a divorce order which will become final one month and one day after it is made, unless another order is made. The court will then send a copy of the order to the husband and wife.
For further information, go the Family Law Court’s website.
Sydney, Australia
1300 00 2088
Parenting Plan Template
A parenting plan does not have to take any specific form but it must be in writing and signed and dated by both parents. It must be freely agreed without any threat, duress or coercion.
Sample parenting plans can be found at the back of the Child Support Agency’s Me My Kids and My Ex and Relationships Australia’s Share the Care.
A parenting plan should cover:
- The child’s place of residence.
- Time spent with each parent.
- Time spent with other people, such as grandparents.
- How parents will share parental responsibility and consult about parenting decisions, such as selection of school.
- Mode of communication with the parents and other people.
- Special day arrangements, such as birthdays and holidays.
- Processes for changing the plan.
- Any other issue about parental responsibility or care, welfare or development of the child.
The agreement is voluntary and not enforceable. If the parties cannot reach agreement they can make an application for orders from the Family Court of Australia or the Federal Circuit Court of Australia.
For further information we recommend you go to:
Family Relationships Online, Parenting Plan Guide
Family Relationships Online, An Introduction to Parenting Plans
Legal Aid Victoria, Parenting Arrangements and Child Contact
Sydney, Australia
1300 00 2088
Sample Parenting Plan
A parenting plan does not have to take any specific form but it must be in writing and signed and dated by both parents. It must be freely agreed without any threat, duress or coercion.
Sample parenting plans can be found at the back of the Child Support Agency’s Me My Kids and My Ex and Relationships Australia’s Share the Care.
A parenting plan should cover:
- The child’s place of residence.
- Time spent with each parent.
- Time spent with other people, such as grandparents.
- How parents will share parental responsibility and consult about parenting decisions, such as selection of school.
- Mode of communication with the parents and other people.
- Special day arrangements, such as birthdays and holidays.
- Processes for changing the plan.
- Any other issue about parental responsibility or care, welfare or development of the child.
The agreement is voluntary and not enforceable. If the parties cannot reach agreement they can make an application for orders from the Family Court of Australia or the Federal Circuit Court of Australia.
For further information we recommend you go to:
Family Relationships Online, Parenting Plan Guide
Family Relationships Online, An Introduction to Parenting Plans
Legal Aid Victoria, Parenting Arrangements and Child Contact
Sydney, Australia
1300 00 2088
Legal Helpdesk Lawyers 