DA Family

coersive control

Is Coercive Control illegal in Australia?

  Coercive Control has been described as a form of intimate terrorism, but is it illegal in Australia? What is Coercive Control? Coercive control is the term given to a series of behaviours abusers use to dominate, manipulate and micro-manage every aspect of their victim’s life. Behaviours may include restricting access to bank accounts, isolating …

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Domestic Violence: Stay of proceedings for abuse of process

Does the Magistrates Court have the power to grant a permanent stay of proceedings due to an abuse of process? In a recent appeal to a decision made by the Southport Magistrates Court, the District Court of Queensland discussed whether Magistrates Courts have the power to stay applications made under the Domestic and Family Violence …

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Superannuation payments splits - separated less than 12 months

What Separated Couples Need to Know About Superannuation Payment Splits?

Superannuation payment splits pursuant to financial agreements when parties have been separated for less than 12 months and the member’s total withdrawal value exceeds the low rate cap amount that financial year Each financial year, the Australian Taxation Office sets a ‘low rate cap amount’ which is a limit on taxable components for lump sum …

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Domestic-Violence

Free Uber rides for people experiencing domestic and family violence

As a result of people needing to remain in their homes during the COVID-19 pandemic, there has been a significant increase in the number of reported domestic violence situations. It is a very scary and stressful time for many people who cannot readily escape their situation due to limited finances or no access to a …

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Changes coming to Residential Tenancies and Rooming Accommodation Regulations

Changes coming to Residential Tenancies and Rooming Accommodation Regulations

The draft Residential Tenancies and Rooming Accommodation (Covid-19 Emergency Response) Regulation 2020 which is not in force yet, will have the following effect for victims of domestic violence: They will be able to terminate a lease agreement if to do so, is necessary to protect them from domestic and family violence. They are able to …

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Communicating with the Court – Solicitors’ Responsibilities

A recent Legal Services Commission (“LSC”) case has highlighted the consequences for practitioners who communicate with judges without the prior consent of opposing parties. In a recent hearing before the Queensland Civil and Administrative Appeals Tribunal, the solicitor in question was charged with and found to have engaged in 3 counts of unsatisfactory professional conduct. …

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