I have been the primary carer of the children during our relationship. Will the children live with me at the separation?
Significant changes were made to the Family Law Act in July 2006 statin a presumption of equal shared parental responsibility, which can be rebutted in circumstances of family violence, neglect or other concerning parental behaviour.
If the Court finds that equal shared parental responsibility applies, then the Court must consider whether the children spending equal time with each parent is in the child's best interest and is practicable. This requires the parties to be able to effectively communicate and also usually live within close proximity to each other and also depends on the age of the children. If the Court finds that usual shared time is not in the child's best interest or practicable, then the Court is requires to consider arrangements whereby the children spend significant and substantial time with the other parent, defined to be time during the week and time on weekends and holidays.
If parents cannot agree on the arrangements for the children, then the Court will decide as a last resort where they will live and what time they will spend with the other party. The Court however, requires that the parties firstly attempt to resolve the matter between themselves and mediation is compulsory (save in limited circumstances) before an application can be filed.
The sole ground for divorce is the irretrievable breakdown of the marriage, evidenced by a physical separation of 12 months and a day, i.e. living separately and apart.
My wife and I have reached an agreement as to the division of our assets. Do we need lawyers or can we just sign a contract between ourselves?
Unless the agreement you have reached is ratified by either Court Orders filed in the Family Court, or a Binding Financial Agreement which requires each of you to obtain independent legal advice and your respective lawyers can provide you with a certificate of advice. The agreement you reach is not binding and can be set aside by a Court at a later date. You or your spouse have 12 months from the date of the divorce to make an application to the Court for Property Settlement, which will override the agreement. This could be a number of year later and the Court takes into account the assets at the date of the Court hearing and not at the date of the separation.
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For permanent disability - sometimes yes. Otherwise it depends on the circumstances. Redemptions are available in limited circumstances.
Whilst an injured worker has the right to dispute any determination made by a compensating authority, whether it is advisable to do so is dependent upon the relevant circumstances. You should seek our advice.
No, but if your injury is caused by the negligence of any other party then you can sue.
It depends upon the nature and the extent of the permanent disability. Also, there is a 5% whole person impairment threshold below which there is no entitlement to claim.
Instruct us to review it for you, and if appropriate, dispute the rate as determined.
Third Party Claims
Yes, but it is most unwise to do so. In our experience, people who deal direct with Allianz are invariably worse off than those who we represent even after taking into account legal costs.
No, not if the accident was 100% your fault.
No. If the claim is successful then a substantial part of the legal costs will be paid by the third party insurer.
3 years from the date of the accident, although an extension of time can be obtained depending upon the circumstances.
There are a number of different types of damages which you may not be aware of but the main ones are: loss of income, pain and suffering and medical expenses.