Australia

Family law appeals are relatively uncommon. There are several reasons for this. Firstly, family law judgments are discretionary. This means that unlike in some areas of law, where there is a single correct decision that the court should arrive at if it properly considers the evidence and applies relevant legal principles, family law judges have…

Torts are civil wrongs done by one party to another. A tort causes a person to suffer loss or harm. A person who is the claimant in a tort may sue for damages or other relief. Torts are generally created by the common law but there are also statutory wrongs which amount to torts. Torts…

The Tasmanian government has this month released draft legislation that would impose mandatory reporting obligations on priests. If the new law is passed, Tasmanian priests will face criminal charges and possible jail time if they fail to report child sex offences that have been disclosed to them, including under the confessional seal. Similar legislation has…

The Family Law Act 1975 sets out the principles that are to underpin courts’ decisions as to where children should live, who they should have contact with and any other matters that are to be included in Parenting Orders. The paramount consideration in all decisions about parenting orders is the best interests of the child.…

When a witness gives oral evidence in court during a trial, contested hearing or committal hearing, this is known as examination-in-chief. Examination-in-chief occurs when the party that has called the witness, is eliciting their evidence.  After giving examination-in-chief, witnesses are subjected to cross-examination, where their evidence is tested by the other party. When a witness…

Cross-examination in a criminal matter is when the defendant or their lawyer challenges and attempts to undermine the prosecution case by exposing weaknesses in the evidence of prosecution witnesses. The prosecution can also challenge any oral evidence called by the defence by cross-examining defence witnesses. Cross-examination of each witness occurs after the witness has completed…

Whether it is legal to photograph someone without permission, or to publish or circulate a photograph of someone without permission, are questions that lawyers often get asked. In the age of social media, it is more common than ever to photograph someone without their permission and circulate images of them, images which may have been…

The United Nations working group on arbitrary detention has condemned Australia’s detention of three asylum seekers. The group, which reports to the UN Human Rights Council, on which Australia has a seat, has expressed concern about asylum seekers and immigrants being detained around the world, and highlighted 94 cases of arbitrary detention around the world,…

If you are living in Australia as a non-citizen on a temporary or permanent visa and you are found guilty of a crime, this may affect your visa. Depending on the sentence you receive and how long you have been living in Australia, together with a range of other factors, your visa may be cancelled,…

It is sometimes suggested that fraud is a crime that is underpinned by psychiatric and psychological issues. However, the link between fraud and mental illness is under-researched. It is difficult to know the proportion of fraud offenders who suffer from some form of psychopathology as only a small minority of these offenders is ever psychiatrically…

If you are performing paid work, or if you are paying someone to do work, it is important to be clear about whether the arrangement is one of employer and employee or of principal and contractor. An employee is part of an employer’s business; a contractor is running their own business. There are different tax and…

To be eligible to become an Australian Citizen, a person must have lived legally in Australia for the past four years. A person must have had permanent residency status for the four years prior to applying and must have lived in Australia for at least nine months out of the twelve months before applying. A…

Nick Hardy-Clements, Jordan Vincent, Daniel Shestowsky, Michelle Makela , Jack Leitner, James Stevens, Carl Patterson Finch, Sylvie Maranis, Ali Rana and Tanguy Mwilambwe attended a black-tie event at The Star Sydney on 31 August 2018 where the winners of 2018’s Australian Law Awards (ALAs) were announced. Go To Court Lawyers was shortlisted in both the New…

Family violence effects not only the primary victim, but also the people around them. In many cases, this includes young children. Not only is family violence deeply disturbing for children, but being exposed to it early in life can normalise it in children’s minds.  In Victoria alone, between the period of 2004/2005 and 2011/2012, there…

When a couple has separated but is in agreement as to the financial arrangements that should be put in place, property orders can be obtained by consent. The parties can file a joint application confirming the terms of the agreement. The consent orders are then made in chambers by a judge or a registrar without…

When a party to litigation does not have the capacity to instruct their own lawyer, because they are below the age of 18 or because they are mentally impaired, a litigation guardian is appointed by the court to give instructions on that party’s behalf. Litigation guardians step into the shoes of the party who lacks…