What is Family Law?
- Marriage and divorce
- Property settlements
- Parenting issues
- Child support
- Financial agreements, before, during and after a
- Marriage or de facto relationship
- Spouse maintenance
- De facto and same sex relationships
How do we Divide our Property and Assets?
If you have obtained a divorce you only have 12 months from the date of the divorce to apply to the Family Court for property settlement.
If it is more than one year since the Certificate of Divorce is issued you will either need to bring a claim in the Supreme Court Equity Division, or apply to the Family Court for leave to make a property settlement out of time.
If you are to agree on how the property, other assets and liabilities of the marriage are to be divided you can have that agreement approved by the Family Court by way of Consent Orders.
If you cannot agree on how the property, other assets and liabilities of the marriage are to be divided it will be necessary to apply to the Family Court to make appropriate orders.
The Court will consider all of the background of the marriage and all your joint financial resources such as real estate, investments, interests in companies, family trusts, life insurance and superannuation.
In arriving at a fair and equitable division of property, the Court will consider your contribution to the marriage and family such as the acquisition, conservation and improvement of any property and employment.
The Court will also consider both your present situation and future income as well as any special needs and responsibilities you may have in your life, such as children, elderly parents, ability to work and your health.
When can I apply for a Divorce?
The Court will issue a Certificate of Divorce approximately 3 months after the application has been lodged.
What is a de facto relationship?
If you have lived with your partner for less than two years, you may be able to apply for a property settlement as a de facto, if there is a child of the relationship or you have made a significant financial contribution to the relationship or assets acquired by one or both of the parties during the relationship.
De facto relationships would be proven with evidence of joint finances, joint holidays, shared meals etc.
What is equal shared parental responsibility?
- extra-curricular activities.
In circumstances where a child has been subjected to or exposed to abuse, neglect or family violence, the Court will not apply the presumption of equal shared parental responsibility.
In such cases, the Court may grant sole parental responsibility to one parent, with that parent being responsible for making all decisions concerning the child.
Equal shared parental responsibility does not mean equal time spent with each parent.
Powers of Attorney
What is an Enduring Power of Attorney?
Why make an Enduring Power of Attorney?
What is the difference to a General Power of Attorney?
Who can appoint an Enduring Power of Attorney?
What decisions can the Attorney make?
How many Attorneys can I appoint?
- jointly and severally (this means that the Attorney can make decisions together or separately – if together they must agree on all decisions),
- severally (this means that any one of the Attorneys can make decisions independently of the other Attorney).
Who should you choose to be an Attorney?
- someone over the age of 18 years
- someone you trust and who will manage your finances in a responsible way.
- someone who has the skills to deal with complex financial arrangements
- a family member or a close friend
When does an Enduring Power of Attorney end?
When does an Enduring Power of Attorney start?
Making it operate immediately does not mean the Principal loses control over their own affairs. It merely enables the Attorneys to act for the Principal at any time. This can be important if, say, the Principal is overseas and needs some financial arrangement completed during their absence.
If the Power of Attorney is only to operate when the Attorney considers that the Principal cannot manage their own financial affairs, then the main issue is determining when that might arise. We consider that the Principal, faced with making that decision, would have to obtain a written medical opinion from the Principal’s treating doctor to verify that the Principal was not capable. It should also be borne in mind that any company or Government authority would also require that sort of evidence to establish that the Principal was not capable of managing their own affairs and that the Attorney could then act on the Principal’s behalf.”
What if I am not physically capable of signing?
Can I revoke the appointment?
You can change the appointment of Attorney as well as change the functions or directions given to your Attorney. You will need to complete a new form of appointment for this as well.
How do I appoint an Enduring Power of Attorney?
You need to discuss the appointment with your chosen Enduring Power of Attorney or Attorneys and make sure they are willing to take on this responsibility.
Make an appointment to see us at Court Legal. The form must be witnessed by an eligible witness such as a solicitor with a current practising certificate.
Keep the original document in safe custody and keep a copy for yourself, give a copy to your Attorney and if you need, give copies to your bank and accountant doctors and other financial advisors.
*If your attorney needs to use the enduring power of attorney to deal with any real estate you own in NSW, then the document must be registered with the department of Lands.
What is Probate?
Why is Probate important?
Why does the Executor need to apply for Probate?
How does the Executor obtain Probate?
What are the responsibly of an Executor of an Estate?
What is Letters of Administration?
What if there is no Will?
Motor Vehicle Accident
What if I am partly or wholly to blame for the accident?
Generally speaking, if you are wholly to blame for the accident, you won’t receive damages. However, if others were injured, their claims will be met by the green-slip insurer of your vehicle. You should notify your green-slip insurer immediately if you think there could be a claim against you as a result of the accident. You must co-operate with your green-slip insurer and you must not admit fault or offer to make any payments to injured parties.
If the accident happened after 1 October 2006, there are special entitlements for children who have been injured if they are to blame. If the accident happened after 1 October 2007, there are special entitlements to those suffering spinal cord injury, moderate to severe brain injury, multiple amputations, severe burns or permanent blindness, regardless of who is to blame.
What must I tell my Solicitor?
- The precise date, time and location of the accident.
- The names and addresses of people involved in the accident and any witnesses.
- The make, registration number and name of the driver of each vehicle involved.
- The police station to which the accident was reported and the “event” number of the accident.
- Details of any police action you know of against any persons involved in the accident.
- The name of the hospital to which you were admitted; the time you spent in hospital; the names and addresses of doctors who treated you; and a description of the injuries you received in the accident and any resulting disabilities you are suffering.
- The amount of wages you have lost or you could lose as a result of the accident and the name, address and telephone number of your employer.
- Details of any other accidents in which you have been involved.
- Copies of hospital, ambulance, doctor, chemist and other medical bills.
- Your driver’s licence and Medicare numbers.
- Details of any workers compensation, social security or other payments which you have been receiving as a result of the accident.
Your Solicitor needs this information to assist you in completing the personal injury claim form. Unless the claim form is properly completed, the insurance company is not obliged to consider your claim and this will result in delays.
What compensation may I be entitled to?
Compensation may include:
- If the accident occurred after 4 October 1999 you will receive compensation for pain and suffering only if it is agreed or assessed that your injuries amount to permanent impairment of greater than 10 per cent of your whole body;
- Medical and similar expenses;
- Loss of earnings or loss of opportunity to earn;
- In serious cases, care, equipment, transport and home modifications.
- Except in very severe cases where special entitlements apply, compensation will be paid as a once only lump sum, although the green-slip insurer may have to pay your medical and rehabilitation expenses as incurred before your claim is settled. Compensation covers the past loss and the future anticipated loss.
Except in very severe cases where special entitlements apply, compensation will be paid as a once only lump sum, although the green-slip insurer may have to pay your medical and rehabilitation expenses as incurred before your claim is settled. Compensation covers the past loss and the future anticipated loss.
Do I have to go to court?
Once the insurer has admitted liability (either wholly or in part if you were partly to blame for the accident), it must pay your hospital, medical, pharmaceutical and rehabilitation expenses. If your injuries are serious, the insurer is required to provide rehabilitation services and to pay for respite care. If the accident happened after 4 October 1999, the insurer is also required to pay for regular care, if this is needed. Your Solicitor will attempt to settle your claim with the green-slip insurer. However, if settlement is not achieved, proceedings will be started. It is still possible to settle your claim even after proceedings are started.
Most cases should be settled by agreement or assessed by a specially appointed claims assessor. Cases will only be allowed to go to court if a ‘Certificate of Assessment’ or exemption has first been obtained.
What does 'settling out of court' mean?
How can Court Legal help me?
- Advise on whether you should make a claim for compensation;
- Advise you on the strict time limits which apply;
- Advise whether you will be able to prove fault;
- Collect the information necessary to make a claim and help you complete and send the claim form;
- Negotiate on your behalf with the insurer;
- Advise you regarding offers of settlement;
- Commence court proceedings on your behalf;
- Arrange for witnesses, including expert witnesses such as doctors, to give evidence for you;
- Advise you on the details of the medical and claims assessment procedures.
Also go to Motor Vehicle Compensation for other information relating to your motor vehicle accident.
If you have an Motor Vehicle Accident, Call 02 9997 5142 to get more personalised assistance and information regarding your motor vehicle accident – It Won’t Cost You a Thing!