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Reproductive Technology and Separation
Reproductive Technology and Separation
Many couples each year seek services of assisted reproductive technology in the hope of having a child. One in six Australian couples suffer from fertility problems and around one in 25 Australian births are a result of in vitro fertilisation (IVF).  As part of the IVF process, embryos may be created, frozen and stored ready…
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Initial Contributions in Property Settlements
Initial Contributions in Property Settlements
A property settlement is the arrangement between parties for division of assets, liabilities, and superannuation after the separation of a married or de facto couple. A property settlement can be formalised by way of a Financial Agreement, Consent Orders or by Court Order after a contested hearing. Whether property division is agreed to between the…
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Adult Guardianship (WA)
Adult Guardianship (WA)
The Guardianship and Administration Act 1990 (WA) sets out the rules and procedures surrounding adult guardianship in Western Australia.  Adult guardianship is necessary when a person is unable to make their own decisions about their lifestyle, medical treatment and legal affairs and requires another person to make decisions on their behalf. Legislation Section 43 of…
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Mental Health and Parenting Orders
Mental Health and Parenting Orders
A parent’s mental health and the impact of any mental health issues on their capacity to care for the children are common concerns arising after separation. If a parent’s mental health issues were present during the relationship there may be heightened concerns for the children’s welfare in that parent’s care. Claims that a parent has…
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Binding Financial Agreements vs Consent Orders
Binding Financial Agreements vs Consent Orders
When parties finalise their financial relationship after a separation, a question arises as to the most appropriate method to achieve a fair settlement.  If the parties are unable to agree, it may be necessary to apply to a court exercising family law jurisdiction for financial orders. Where agreement has been reached, consideration should be given to the advantages and disadvantages of consent orders and Binding…
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Motor Vehicle Accident Compensation (WA)
Motor Vehicle Accident Compensation (WA)
If you are involved in a car accident, and you suffer damage, you may be entitled to a motor vehicle accident compensation claim under Compulsory Third-Party Insurance. Compulsory Third-Party Insurance Compulsory Third-Party Insurance is a compulsory scheme of insurance under which an insurance policy must be taken out in respect of any registered vehicle against…
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Breaking a Lease for a COVID-19 Reason (Vic)
Breaking a Lease for a COVID-19 Reason (Vic)
On 24 April 2020 Victoria passed legislation temporarily amending the Residential Tenancies Act 1997 in response to the COVID-19 pandemic. The COVID-19 Omnibus (Emergency Measures) Act 2020 will be in force for six months. Among other things, it seeks to protect tenants and landlords who are unable to perform their obligations due to a COVID-19…
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Homelessness and the Law (Qld)
Homelessness and the Law (Qld)
Homelessness in Queensland is a major issue as it is in all Australian jurisdictions. People can become homeless for many reasons, some of which are connected to legal problems such as domestic violence, separation, or loss of employment. The 2016 census found that 46.1 in 10,000 Queenslanders were homeless. This article examines how homelessness in…
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