What’s in a name?
- June 10, 2022
Earlier this year, a Court in Italy ruled that children will automatically have the last names of both parents unless they agree otherwise. It remains to be seen how this will affect circumstances where one parent is absent or perhaps a perpetrator of severe domestic violence, though it would seem likely that future laws will…
Elder Abuse by an Attorney
- February 22, 2022
A person appointed under an Enduring Power of Attorney (EPOA) to act as an Attorney for the benefit of another (usually called the Principal) is obviously placed into a position of supreme authority and trust. In situations where an Attorney begins abusing their powers to the detriment of the Principal, concerned family and friends who…
Can you smack your Kids?
- November 15, 2021
Under the Queensland Criminal Code the act of physically striking a person is an assault and is punishable by fines and even imprisonment of up to seven (7) years in extreme cases. Section 280 of the Code however, permits a parent or their proxy to use reasonable force in administrating correction or discipline of a…
THE 15% TAX TRAP ON SUPERANNUATION DISTRIBUTIONS (Why you might need a “Conflict of Interest” clause in your EPOA)
- May 12, 2021
After death, any money that the deceased was still holding in their Superannuation Fund must be distributed out. According to the usual Superannuation rules, the payment of this money is made in line with written instructions* and is typically directed to the deceased’s surviving spouse and/or family members. Under tax laws however, these payments will…
Sharing Family Finances with an Enduring Power of Attorney in place?
- May 12, 2021
Sharing financial assistance within family networks such as interest free loans, lump sum gifts and even contributing to the cost of the construction of a granny flat for personal occupancy occur all the time. Usually, these arrangements go on between Parents and their adult children but can also be between adult siblings and/or spouses. Commonly,…
DIVORCE: How can you pick a good Family Lawyer from a bad one?
- November 26, 2020
DIVORCE How can you pick a good Family Lawyer from a bad one? The selection criteria to choose a Lawyer for representation in a relationship breakdown is usually restricted to what can be seen from alluring websites, advertising and the Lawyer’s own boasts about levels of experience and longevity in the industry. The truth of…
Are Sate COVID boarder closures legal?
- October 19, 2020
Are Sate COVID boarder closures legal? Recent decisions of various state governments around Australia to close their borders for protection against the spread of COVID infections has been a source of comfort for some, frustration for others and a degree of confusion for practically everybody. The power by which each State (and Territory) can individually/unilaterally…
Why litigate your family law matter when you can mediate?
- October 12, 2020
Why litigate your family law matter when you can mediate? Sorting out the division of property/debts and resolving ongoing care arrangements for children is often very problematic at the end of a relationship. If the couple cannot agree, they have the option of putting the dispute into the Family Court and having a Judge resolve…
The February 2020 Senate Inquiry into Domestic Violence – Part 2
- August 13, 2020
The February 2020 Senate Inquiry into Domestic Violence Did it fail? PART 2 Well, let’s look at some of the recent statistics: The overall number of deaths has fluctuated but shown no sustained decrease; There’s been less physical violence since the 90’s but an increase in sexual assaults; and In Queensland, we’ve had a double-digit…
The February 2020 Senate Inquiry into Domestic Violence – Part 1
- July 23, 2020
The February 2020 Senate Inquiry into Domestic Violence. Did it fail? PART 1 Following the horrific murder of Hannah Clarke and her three children in February this year, our Federal Senate referred an inquiry to the Legal and Constitutional Affairs committee to report on and grade the efficiency of our current strategies in combating domestic…