27 Apr
2020

Enacting Recovery Orders To Bring Back Your Kids

What Happens if a Party Does Not Return the Child? If you are concerned that your child may not be returned to your care after spending time with the other parent, there are some simple things you can do to try and avoid this situation, or, make it easier for…

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18 Mar
2020

Why Is My Family Law Matter Taking So Long?

Merging Family Courts and Early Senate Reports The current structure of the Family Court and Federal Circuit have led to systematic backlogs of cases, with Judges required to hear a multitude of matters on a single day. This has led many parties who have proceedings before the Court to be…

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10 Nov
2019

Driving Without a Licence

To drive in the state of Queensland, you must hold a valid drivers licence. If you do not have a valid drivers licence and continue to drive, this is known as unlicensed driving. Typically, unlicensed driving occurs where individuals have lost their licence due to loss of demerit points, failing…

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30 Aug
2019

Property and Sentimental Value

Sentimental Value in Property Settlement In 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…

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25 Jun
2019

Relationships, Age and Criminal Law

The international US story of a 34-year-old female teacher (Letourneau) who seduced one of her 12-year-old student (Fualaau) into a relationship raises clear questions as to how this situation would be dealt with under Australian Law. Letourneau originally pleaded guilty to two counts of felony second-degree rape of a child…

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22 Apr
2019

TLA-What We Leaned From The Bill Cosby Trial and Aggravated Sexual Assault

Bill Cosby was convicted of aggravated sexual assault and sentenced to 3 years imprisonment for the acts committed against several women. Although the term “sexual assault” is well-known in both the US and Australian jurisdictions, the Australian position differs slightly. Pursuant to the Criminal Code 1899 (Qld) section 352, any…

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25 Feb
2019

Smoking Laws in Queensland

Proposed Smoking Ban and the Effect on Queensland Sydney council has proposed a smoking ban in the second-largest CBD, essentially creating the first national-first smoking ban. The North Sydney council members hope to reduce the current smoking rates by as much as 50% in the coming months, with hopes to…

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21 Feb
2019

Drink Driving is Not Only for Cars

Is Drink Driving Only Applicable For Cars? Nope! If you are caught drink driving, there is a strong chance the vehicle will either be a car or motorcycle. These two categories of transport form approximately 98% of current drink driving charges in Queensland. However, these are not the only forms…

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31 Jan
2019

Marriage Equality and Same-Sex Divorce in Australia

Since the implementation of the Marriage Amendment (Definition and Religious Freedoms) Act 2017, factors such as sex and gender no longer affect Australian marriage rights, with same-sex marriage now legal amongst all states and territories. These changes altered the existing Marriage Act 1961, redefining marriage to be ‘the union of…

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02 Jan
2019

Sentencing Approaches Undertaken by the Court

In the last five years, the High Court of Australia has heavily criticised sentencing principles which implement an oversimplified approach and place significant weight to broad sentencing ranges and individual factors. As a result of this increased criticism, the court’s approach has slowly shifted to sentencing approaches which implement an…

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