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In Australia, divorce doesn’t require one spouse to prove the other was to blame. The Federal Circuit and Family Court focuses on whether the marriage has ended, not who caused its breakdown. If you’re ready to apply for divorce, it’s important to understand your rights, meet your legal obligations, and...
Under Australian law, there are two ways to dissolve a marriage: annulment and divorce. While both formally end the relationship, there are key differences to note when comparing an annulment vs divorce. An annulment involves the court declaring that the marriage was never legally valid in the first place. A...
Separation can be particularly challenging for children. During times of change, children benefit most from stability, reassurance, and clear arrangements that help them feel safe and supported. With a parenting plan, you can reach a fair, practical agreement on childcare arrangements without the stress, cost, or formality of going to...
When you separate from your partner, it’s not always easy to agree on what comes next — especially when children and property are involved. Family Dispute Resolution (FDR) can offer an efficient and cost-effective way to work through these issues with the support of an impartial mediator. To reach practical,...
Applying for a Partner visa in Australia can feel overwhelming, and for good reason. The legal requirements are strict, the paperwork is rigorous, and mistakes, sometimes even minor errors, can cause significant delays or put your application at risk. A clear understanding of your rights, responsibilities, and eligibility is crucial...
A guide to separation entitlements in Australia Wondering ‘What am I entitled to in a separation in Australia?’. Knowing the answer to this question is essential for anyone who has decided to close the chapter on their relationship. Separation is a stressful period for any individual. Not to mention the...
Probate serves as a crucial legal stepping stone after someone passes away, validating a deceased person’s Will and permitting the Executor to handle their affairs. Generally, banks and superannuation funds require this legal authorisation before releasing or transferring assets of significant value. In NSW, for instance, Probate is typically necessary...
A de facto relationship in Australia is defined as two people, regardless of gender, living together in a domestic partnership without being legally married. In 2021, 14.3% of Australians were in this type of relationship, up from 8.9% in 2001—a trend that highlights its increasing popularity. Whether you’re considering entering...
Wondering how to get a divorce in Australia? This process can be complex, bringing many legal requirements, intricate documents and emotional challenges with it. Therefore, whether you are an Australian citizen, married overseas, or living in Australia, knowing your rights and responsibilities is crucial. With over 160 years of combined...
Often, being fired from your job can feel humiliating, offensive and unfair. It is a horrible situation to find yourself in, but the good news is that you might be able to do something about it with an unfair dismissal claim. According to the Fair Work Act 2009, a dismissal...
Before moving in with your partner, you may be wondering if it is possible to enter a prenup to protect your assets. In Australia, we have pre-relationship Binding Financial Agreements instead of prenuptial agreements. Binding Financial Agreement can be made at any time before, during or after a relationship and...
Driving under the influence (DUI) is a criminal offence and can have serious consequences. There are a range of penalties written into legislation and it is the role of the Magistrate in the courthouse to determine the penalty and its severity. Therefore, if you have been charged with drug or...
A Will comes into effect when you die. But what happens if you lose your mental capacity while you are alive? Both an Enduring Power of Attorney and Enduring Guardianship deal with your personal matters in this case. Importantly, these documents help to protect a person in different ways. So...
Making a valid Will is essential to ensure all your affairs are in order, should anything happen to you. More than 50% of adult Australians do not have a Will. There are a number of reasons for this, including not knowing where to start, not having a relationship with a...
Whether biological or adoptive, living together or apart, married or divorced, both parents have a legal duty to provide for their child. In Australia, child support payments ensure parents maintain these financial obligations following separation But what does child support cover? The answer to this question depends on whether...
If you are involved in a motor vehicle accident, you may be entitled to receive compensation. However, the claims process is not simple, and as such, it is extremely important that you seek the assistance of an experienced lawyer. What should you do following an accident? Make sure you and...
Thinking of starting a business? Or already own one? Look out for our new monthly Tips for Entrepreneurs Series that will focus on important things you need to be across and educated on in order to protect and succeed in your business. Building a brand is of little use if...
Owning your own home is the great Australian dream, yet for many these days that’s exactly what it can feel like – just a dream. It used to be so easy, You’d live with your parents until you were 20-something, you’d drink instant coffee instead of takeaway lattes, you have...
Thinking Of Organising Your Will? Here’s 5 Reasons Why You Should Do you have a Will? A large percentage of Australian’s don’t have a Will despite knowing very well about them, how they work and where to go and get one. Perhaps it seems as though it’s a tedious task,...
Any form of bullying is not acceptable, and unfortunately it happens all too often among many a workplace. It’s human nature to have a bad day and sometimes we just don’t feel like talking to anyone, but that doesn’t mean it gives you the right to let out your anger...
1. What is Drug Driving? If you are the driver of a motor vehicle in the ACT and have a prescribed drug in your oral fluid or blood, you can be charged with “drug driving”. 2. What is a prescribed drug? Prescribed drugs include: 1. MDMA (Ecstasy); 2. Methyl amphetamine...
Many contracts of employment make provision for a probationary period. This is usually between three and six months and is designed to provide the employer with the opportunity to assess the employees’ suitability for the role. A probationary period is seen as a term or condition of a continuing contract...
When you buy a home or other property, the last thing you need is a tangle of legal paperwork gone wrong. Yet real estate law is one of the more complex fields in the legal field. That’s why not just any lawyer will do when you’re dealing with a real...
Personal injury law is complex because each and every situation is unique. What’s more, there are often strict time frames in which you are able to make a valid claim. When it comes to workers’ compensation, motor vehicle accidents, medical negligence, and other personal injuries, finding a skilled personal injury...
If you have suffered as a result of medical negligence or malpractice, you may be entitled to compensation. While most forms of medical treatment involve risk, patients are entitled to trust that a doctor will exercise reasonable care, skill and judgment. Unfortunately, the line between what is medical negligence and...
When must you commence your migration proceedings? Migration matters will go to the Administrative Appeals Tribunal in the event of the applicant wishing to appeal their outcome of their visa application. The applicant must lodge the application within the timeframe specified in the letter received from the Department of Home...
CONGRATULATIONS TO ONE OF OUR PARTNERS AT BAKER DEANE & NUTT LAWYERS, LORRAINE WHITE WHO IS NOW A PUBLIC NOTARY! A public notary, or notary public is a practising Solicitor appointed for life by the Supreme Court. The responsibilities carried out by a public notary involve drawing, attesting or certifying...
