Elder Abuse and Wills
It is an unfortunate reality that elder abuse occurs in Australia. The NSW Department of Family and Community Services has defined elder abuse as including financial abuse, where an elderly person’s assets are improperly used.
A recent decision by the High Court of Australia has determined that a man who donated his sperm to a friend is indeed a legal parent of the child.
The question “Who is a parent?” is one that has never been easily answered in Australia. Is it about biology? Is it about who the child views as their parent? Is it about who is involved in the child’s life? Is it about what the intention is at the time of conception?
In Court proceedings generally, parties do not have to have a lawyer and are entitled to represent themselves or ‘self-represent’. This can become a problem when it comes to a Trial and the parties need to be cross-examined, especially in circumstances where there is a history of the self-represented party perpetrating family violence upon the other.
Separating from your spouse or partner is a very difficult time at best, it is made even more complicated when there is an ‘asset pool’ to be divided between you both. Ideally, you will be able to agree on the values of the assets and how they should be divided between you so that it is fair on your both.
Unfortunately, this isn’t always the case, sometimes your ex may just be plain difficult to deal with, or sometimes they really believe that you are the one being unreasonable. Whatever the reason, it isn’t an easy process to go through.
Often evidence is given by experts in family law proceedings. These experts can include, psychologists who can give evidence in relation to circumstances of adults and children in parenting matters, and registered valuers, who can be called upon to give an expert opinion as to the value of property or other items.
A Community Service Order “CSO” can be made by the Court under the Crimes (Sentencing Procedure) Act as an alternative to full time imprisonment. A CSO requires the offender to complete a certain number of hours of community service work and can only be imposed for an offence which can be punishable by imprisonment.
The Court may declare you as an Habitual Traffic Offender if you have been convicted in a NSW Court of three “relevant offences” in the past five years. The offences need to have been committed on different occasions.If you have been declared a Habitual Traffic Offender, the RMS will disqualify you from driving for a further five years in addition to any time the Court has disqualified you from driving.
If you want to relocate with your child, you can make an application to the Federal Circuit Court of Australia or Family Court of Australia asking that the Court make orders allowing you to relocate with your child. The application can be made before you relocate, or after the other parent has relocated with your child if you did not consent or were not aware of the relocation.