DA Family

parenting-agreement

Ways you can formalise your parenting agreement that is recognized under the Family Law Act 1975 

Parenting Plan  A parenting plan is a written agreement that confirms the parenting arrangements for the child. A parenting plan must: Be in writing; and   Be made between the parents of a child; and  Be signed by the parents of the child; and  Be dated; and  Deal with a relevant matter.  A parenting plan may …

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domestic-violence

What does the law say about domestic violence

Criteria that must be met for a protection order to be made? Pursuant to Section 37 of the Domestic and Family Violence Protection Act 2012 (“the Act”) a court may make a protection order if the court is satisfied that: A relevant relationship exists between the aggrieved and the respondent; The respondent has committed domestic …

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DA Family Lawyers - emotional abuse

What does emotional abuse look like?

You’ve likely heard the terms ‘emotional abuse’, ‘coercive control’ and ‘psychological violence’. We hear these sayings all too frequently in the news, usually associated with a domestic violence-related murder. But what do these terms actually mean? What behaviour constitutes ‘emotional/psychological violence’ and ‘coercive control’? How can we identify whether we’re in a relationship where these …

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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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