Monthly Archives: August 2014

Remand

Posted by adam on August 14, 2014
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A person awaiting trial who is not granted bail is put on remand. This means they are held in custody until their trial. Remand is often used for people who are homeless or have no reliable family to whom they can return.

Bail

Posted by adam on August 14, 2014
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Bail is the release from custody of a person awaiting trial. It is based on the principle that an innocent person cannot be denied their freedom. In Australia a person in innocent until proven guilty.

In accepting bail, the accused agrees to attends court on their trial date. If they do not attend, they will be refined and re-arrested.

A court may not grant bail if the accused has previously broken bail conditions or is likely to:

Not return to court when required, flee interstate or overseas, harm the public, interfere with witnesses or prevent justice or commit another offence.

Court cases

Posted by adam on August 14, 2014
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There are two types of cases heard in Australia’s courts. They are civil and criminal cases.

Civil Cases.

Civil cases deal with non-criminal matters, such as negligence, property disputes and broken contracts. The plaintiff is the person or company making the complaint. They take civil action to get compensation for the  actions of, or injury caused by the other person or group.

Criminal Cases.

Criminal cases involve the breaking  of statute laws. Criminal offences include road traffic offences, burglary, assault and murder. The person charged is known as the defendant. If the  defendant is found guilty, they will receive a criminal conviction and possibly a jail term.

Court Sentences

Sentences are punishments handed down by judges. Non-custodial sentences do not involve locking up or detaining a person. Custodial sentences involve some form of detention in custody. Courts also decide whether a person awaiting trial is granted bail or remanded in custody.

Australia’s Court Structure

Posted by adam on August 14, 2014
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Australia’s Court Structure

There are  levels of court in Australia. The federal courts, or the commonwealth courts, are the highest level. Their powers cover the whole of the country. State and territory courts only deal with cases from their own region. Federal courts can overturn any decision made in a state or territorial court.

The High Court of Australia is the highest court of them all.

Federal Courts include the Federal Court, Federal Circuit Court, Industrial Relations Court, Family Court, Administrative appeals Court,  National Native Trial Tribunal.

State and territory courts include Supreme Courts, District Courts, Local Courts.

Settlements

Posted by adam on August 14, 2014
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Settlements

Negotiating a settlement agreement with your former partner that both of you can live with is likely to save you a lot of money, time and stress.

Settling will be quicker, easier, and cheaper and probably get you closer to what you want than a court decision.

If possible it is better to stay out of the courts.

If you and your partner are already in an agreement, lawyers can help you get settlements done in a legal way without going to court.

If you think you could reach an agreement but emotions are running high or there are a few things that you cannot figure out together, you may wish to consider mediation of hiring a a lawyer to help you find new ways to resolve the situation.

Even if you go to court, you can still decide to come to an agreement with your ex. This can be done in the middle of a trial if need be.

Child Support

Posted by adam on August 14, 2014
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Child Support

Parents have the responsibility to contribute to the cost of raising their children.

The Child Support Agency (CSA) is responsible for determining the amount and distribution of child support from one parent to another.

The system and formulas for child support are complicated and based not only on what each of you earns but on how much time is spent with the children.

You can make a private agreement to replace the CSA amount, or to have it paid by providing specific support such as school fees or medical expenses rather than cash.

Support is the payment of money by one parent to another parent or carer, for the benefit of the child.

The child support system is complex and the best advice we can give you is to contact the Child Support Agency to get the specific information you require to understand your entitlements or liabilities. Either parent can apply for a child support assessment. However, it is usually worth doing the calculations first. You may expect to receive money, yet end up actually owing money.

Family Law Legal Costs

Posted by adam on August 14, 2014
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Most family lawyers charge on a hourly rate.

They also charge you for all their expenses including firing other experts – Barristers etc, valuers for your property and so on.

Legal fees can be more expensive than the actual amount of money you may be trying to claim from your spouse.

Finding free legal support of advice can be quite difficult in family law matters.

Legal aid is only available in limited circumstances and for children’s maters. This does not include financial cases.

Property matters in family law are the issues involved in the division of your assets and liabilities after separation. They are also referred to as financial matters.

Under family law, ‘property’ includes many things – it is not just cash and houses. If you have a family business, a trust, investments, an entitlement to be paid, superannuation or even a pension entitlement, it is likely to be defined as property.

Property also includes money you owe and any other liabilities of the relationship.

All property will be considered for consideration in the financial distribution after separation.

Make sure divide your property legally. You might divide property by informal agreement, but if you don’t do this according to the Family Law Act and your ex later wants another slicve of the property, you could lose more.

It is not just about what you owe and own, it is also about what you have contributed to the relationship. The roles you had during your relationship and who has made what contributions are factors that will be considered when dividing up the property.

What each of you is likely to need in the future is likely to be taken into account.

You will not receive less in a  property distribution simply because you personally bought in fewer dollars during the relationship or because you were a home maker.