Family Violence – Legislation Amendments

Family violence unfortunately is an all too common scenario amongst WA families, although perhaps it’s behind closed doors.   Changes to the legislation means that there will be more protection for families in violent domestic situations.

Daniel Sampson has reviewed the changes and explains below…

The Family Law Legislation Amendment (Family Violence and Other Measures) Bill 2011 was passed on 7 December 2011 and contains a number of amendments designed to strengthen the Act in relation to the protection of children in environment where family violence has been present.

Buying a Property? Yes you do need a Lawyer!

Regardless of whether you are a first home buyer or a seasoned property investor, buying and selling property can be a complex and at times, overwhelming process that can potentially have significant implications if done incorrectly or without due diligence.

It is essential that you choose a solicitor or settlement agent that is right for you and who will keep you informed throughout the whole settlement process.  Settlement agents are unable to provide legal advice, therefore, should a dispute arise it is important that you appoint a solicitor at the earliest opportunity to give you sound practical legal advice on your contractual rights and obligations.


Why Everyone Needs to Know About Estate Planning

Estate planning means putting in place a structure to organise your financial and personal affairs before any future incapacity and your death. A complete Estate Plan enables your family, your business associates and others close to you to know your wishes and how you would like them carried out.

A Will is the document which sets out how your estate will be distributed upon your death. It deals with property that you personally own but may also direct control of other entities such as family trusts.

Shared Parental Care – The Infant Mental Health Guidelines Explained

Shared Parental Care – The Infant Mental Health Guidelines explained  by Kristie Lear, Family Law Solicitor from Culshaw Miller Lawyers explains the recent guidelines in respect to shared care arrangements for infants.

Whilst it is understood from Section 61C of the Family Law Act 1975 that there is a presumption of equal parental responsibility, what isn’t clear and what seems to be a growing misapprehension amongst participants in the Family Law process, is that there is not a corresponding presumption in favour of equal shared care.


International Child Abduction – Support for Parents Left Behind

More support for parents left behind by international child abduction
26 March 2012

Australian parents dealing with the abduction of their child from Australia can access free legal assistance via a new national service which opened today.

Attorney-General Nicola Roxon said that the service will provide practical support to parents in distressing circumstances.


Violence Restraining Orders WA (VRO) (MRO)

Violence Restraining Orders or Misconduct Restraining Orders can be obtained in WA should you be fearful for your safety or defended. With legal advice from Perth Lawyers, Culshaw Miller Lawyers we can provide you with all the advice and representation you need.  We can help you navigate the Perth Magistrate Court at a very difficult and fearful time.


Changes to Family Court Guidelines for Financial Matters

On the 7th March 2012, Chief Judge Thackray of the Family Court of Western Australia issued a memorandum which will have an automatic effect from 9 April 2012 on all matters involving financial cases where the parties are both legally represented.

The Chief Judge has confirmed with effect from the 9 April 2012 any matter involving a financial case where both parties are legally represented will not be allocated a Conciliation Conference (meaning the matter will not proceed along the normal Court process) until the parties have either engaged in or undertaken private mediation style conferencing (“MDS”) or provided to the Court an appropriate explanation as to why they such mediation cannot be undertaken.  There is an expectation that the reasons for not attending  private MDS would be very limited in most circumstances.


De Facto Property Court Orders AGD Press Release

De Facto Property Court Orders AGD Press Release
The Australian Government will be introducing a Bill in March 2012 to provide certainty to people who have orders of the federal family law courts in de facto property and maintenance matters.

Attorney-General Nicola Roxon said the Bill will correct oversights in 2006 and 2009 where Proclamations were not made to bring into effect changes to the Family Law Act. The Bill will also remove the need for these rare type of proclamations to be made in the future in relation to the Family Law Act.


Relocating with your Children

Have you separated from your partner and are you thinking of  relocating with your Children.  This question affects many parents after a separation and applying for a Relocation Order in the Family Court is a difficult area of the law to navigate without specialist legal guidance.

Foremost in any decision by a Family Court is whether the proposed relocation is going to be in the best interests of a child.  Although each case is different, there is a common thread that the Court system looks at
in determining whether relocation is permitted.


Estate Planning – Why is it so important?

Estate Planning – Why is it so important for planning for the unexpected during your lifetime by appointing people you trust to make financial and personal decisions for you if you have an accident, become ill or incapacitated, and planning what will happen to your property upon your death.

A Will is essential for every adult with assets (including superannuation). The Will is the document by which the Will-maker appoints a person to administer the estate after they pass away (the Executor), and specifies who will receive the estate (the beneficiaries).