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WA de facto couples will be able to split super if relationship breaks down

The growing number of West Australians in de facto relationships will soon be able to split their assets “fairly” in the event of a break-up under long-awaited changes to how superannuation is dealt with in property settlements.

Two parallel class actions have been launched in the High Court for around 1,200 remaining asylum seekers on Manus Island and Nauru.

Human rights lawyers with the National Justice Project made the announcement for the representative actions yesterday, with the legal team filing the actions to be led by Julian Burnside QC.

High Court rules against ATO, finding tax debts can be shifted between spouses

A recent High Court case has found that a tax debt of one spouse can be shifted to another during a divorce property settlement, which lawyers say is unprecedented and could leave the richer spouse with the debts of their former partner.

Senate inquiry calls for new laws identifying dowry-related abuse as domestic violence

The damaging and too-often deadly consequences of dowry-related abuse in Australia must urgently be tackled with new national laws identifying the "pernicious" cultural practice as a form of domestic violence, the final report of a Senate inquiry has recommended.

High Court will decide if Indigenous people without citizenship can be deported

The case will focus on whether an Indigenous person can be considered an “alien” under the Australian Constitution.
Lawyers will argue in the High Court of Australia this month that Indigenous people should be exempt from the government’s mandatory deportation powers.

Family Court psychologist hit with ban after labelling father ‘psychopathic’ without evidence

A Perth psychologist appointed by the Family Court has been found guilty of professional misconduct for writing an official report labelling a father's personality style as "psychopathic" without a clinical diagnosis.

Locating a child when the whereabouts are unknown

Quite often people attend our Free One Hour Consultation wanting to find out what they can do in cases where a former partner has run away with a child or children and the whereabouts of the children is unknown. 

Aged dependent relative

The Department found that the visa applicants failed to meet the requirements of the Migration Regulations as they were not members of the family unit of the primary visa applicant, a person who was the holder of a Subclass 114 visa.

Genuine student?

The Department of Immigration refused to grant the visa on the basis that the applicant failed to demonstrate that he had a genuine intention to abide by the conditions of the student visa if granted.
The delegate noted that the applicant’s enrolment in a Bachelor of Legal Studies course was cancelled for non-payment of fees.

Quesion of the week #1

Q: How does the Family Court determines the best interests of children?

Can my ex-partner change our child’s name without my consent?

The answer to this may depend of the circumstances of your situation such as whether or not there are current court orders in place and also the child’s age.

Can I apply to get my licence back after being disqualified?

If you have been disqualified by a court from holding or obtaining a driver’s licence for a period of more than three years or you are disqualified for life, you can apply to get your driver’s licence back before the disqualification ends. It should be noted however that there is a specified waiting period you must serve before applying to get your licence back.

Question of the week #4

Q: How can I apply for Divorce if we separated but to continue living in the same home during the 12 months before applying for divorce?

Wife wanted to visit her husband in Australia temporarily…

The Department of Immigration refused to grant the visa on the basis that the applicant did not genuinely intend to stay only temporarily in Australia.
The sponsor claimed that the applicant was his wife of four years who had visited on two previous occasions and that she had complied with the conditions of the visas on each of the occasions.

Who’ve come across the seas We’ve boundless plains to share

If you don’t immediately recognise those words, it’s because they’re from the second verse of the Australian anthem. You know, the verse that no one knows the words to.

Quesion of the week #2

Q: Can I apply to get my licence back after being disqualified?

Bad laws make people suffer.

Consider the case of ‘Ali’ from Iraq. Ali (not his real name) fled Iraq because of threats against him from militias because of a family member’s history in the Ba’ath party. Although Ali was never in that party, he was targeted by association, a common and continuing problem in Iraq.

Two years of jail for disclosing conditions of detention

From the beginning of this July, the immigration sector had some substantial changes. Thus, the Department of Immigration and Border Protection was established. It exercised functions of the existing Department and former Australian Customs and Border Protection Service (1). Simultaneously, on the 1st July 2015 the former Migration Review Tribunal and Refugee Review Tribunal were merged with the Administrative Appeals Tribunal.

Question of the week #5

Q: Does having a Violence Restraining Order (VRO) against me mean I have a criminal record?

Seeking asylum is a human right

UN finds Australia’s treatment of asylum seekers violates the Convention Against Torture The United Nations Special Rapportuer on Torture has found that various aspects of Australia’s asylum seeker policies violate the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Question of the week #6

Q: Can I apply for a parenting order if I am not a parent of the child?

Online developed relationship can be geniune

The Department of Immigartion refused to grant the visa on the basis that the applicants did not have a genuine spousal relationship and did not meet the requirements of the Migration Regulations.

Question of the week #7

Q: Should my property settlement be split 50/50?

Quesion of the week #3

Q: Why do I need to go to a Family Dispute Resolution? Can I go directly to Court?

7 reasons to have a will

#1 Your children
If your children are under the age of 18 years, you can choose to nominate guardians for them in your Will and make arrangements for their maintenance and education.

Question of the week #8

Q: Can I relocate to another state or country with my children? What if there are currently existing parenting orders?