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It is very important for separated couples to reach agreement on appropriate…
Property
Disputes
Most separated couples need a property and financial settlement following the…
Same Sex
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In most cases the law that applies to same sex relationships about parenting…
Intervention
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We regularly act on behalf of clients involved in intervention order proceedings…
Jury Trial
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Jury trial Lawyers for the accused present the defence case. Accused people are…
Assault
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If you have been charged with assault offences, we are criminal lawyers who…
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Who gets sole occupation of the home after separation?
A typical issue when a relationship ends is who will continue to reside in the matrimonial home and who will vacate. If parties are unable to reach an amicable agreement, they may go before the Family Law Court to determine who will receive sole occupation, in the...
What happens when a surrogate decides to keep the child?
Surrogacy arrangements can be a long and difficult journey for both intending parents and the surrogate. It is every intending parents’ worst nightmare to hear their surrogate say that they want to renege from their surrogacy agreement by terminating the pregnancy or...
What is contempt in the Family Court?
In the recent case heard at the Federal Circuit and Family Court of Australia (Division 1), Justice Gill made orders of six months imprisonment of Ms Trach, a mother who was found guilty of contempt for failing to provide information about location of her missing...
“As an accredited family law specialist with over 30 years experience, my clients can feel confident in getting the best possible outcome.”
Rowan Skinner
FAQ
Frequently Asked Questions
Family Law
How To Get A Divorce In Victoria
- In Australia, you can apply for a divorce within 12 months of separation.
- You do not need to prove fault on the part of the person you are seeking to divorce.
- If there are children under the age of 18 years, either one party or lawyer for the parties needs to attend the Court on the application to explain to the Court the arrangements in place for the children.
How Much Does A Divorce Cost?
What Are the Rules For Property Settlement?
When it comes to the way property is settled or divided in a divorce there are rules set out, however each separation is different. We have many blog posts on property settlement, and this one discusses the potential of 50 / 50 settlements.
Criminal Law
What happens if police ask to interview me?
Being suspected of a criminal offence and being spoken to by police or prosecuting agencies as a suspect is very stressful.
We strongly suggest that you speak with a lawyer before speaking to police.
Call us on 0399959155 at any time if police have requested you take part in an interview.
If police suspect you of committing an indictable offence, they must tell you that do not have to say anything but anything you do say may be used in evidence against you if they intend to question you about an offence. They are also obliged to tell you that you may communicate with a lawyer.
Do I have to give my fingerprints?
If police interview you about an offence, with the exception of some traffic offences, they have a right to obtain your fingerprints and can use reasonable force to obtain them if you refuse.
If there are no charges laid, police are obliged to destroy your fingerprints within 6 months.
Do I have to give my DNA?
Police have a wide variety of powers to obtain forensic samples, like saliva, or blood, to assist them linking a suspect with a suspected offence.
A senior police officer can authorise a non-intimate compulsory procedure for certain people held in a jail, police cell or secure facility who are the subject of an order by a Magistrate to be delivered to police for questioning . For example, a sample of hair or a swab from an external part of the body.
You should always get advice from a lawyer, but police cannot compel you give a forensic sample in the absence of an order from a Magistrate.
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