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Should you reconsider buying a drone as a gift?  Is the person licenced? Fine is $10,500 if not..

Should you reconsider buying a drone as a gift? Is the person licenced? Fine is $10,500 if not..

The increasing prevalence of drone technology has resulted in a greater focus on how this technology ought to be regulated.  We’ve set out below a summary of what is currently happening in Australia and around the world.  Drone Recap Drone use in Australia is regulated under the Civil Aviation Safety Regulations 1998 (CASA Regulations). These Regulations are enforced by the Civil Aviation Safety Authority (CASA) and regulate the licensing and operation of drone use.  While the CASA Regulations regulate matters such as minimum distances from people and places, prohibited flight areas and time of day licensing, CASA does not have jurisdiction over noise issues (managing complaints about dron
False Representations that cause you loss - The Common Law Tort of Deceit

False Representations that cause you loss - The Common Law Tort of Deceit

The common law tort of deceit is committed where someone fraudulently makes a false representation that you rely upon which ultimately causes you loss.The elements of the tort are: The defendant made a false representation to the plaintiff The defendant made the representation fraudulently (in a way that intends to deceive by doing something dishonest) The defendant intended the plaintiff to believe in and rely on the representation The plaintiff did act in reliance on the representation, and The plaintiff suffered damage. (Magill v Magill (2006) 226 CLR 551 [59], [114])
Are the spousal maintenance provisions in your financial agreement up to scratch?

Are the spousal maintenance provisions in your financial agreement up to scratch?

Overview In the recent case of Guild v Stasiuk, the Court was required to determine whether a prenuptial agreement was effective in ousting or excluding the Court’s jurisdiction to consider a wife’s claim for spousal maintenance after the couple had separated. The prenuptial agreement included an express provision that it was a financial agreement under section 90B of the Family Law Act, which allows engaged parties to reach an agreement about how their property will be divided if their relationship fails and also, if they choose, about whether spousal maintenance will be paid. If parties decide to deal with the issue of spousal maintenance in their agreement, section 90E applies. Sectio
Australians now need a tourist visa to travel to Chile

Australians now need a tourist visa to travel to Chile

From  the 17th of December 2019, Australian citizens wanting to travel to Chile will need to apply for and have a consular tourist visa.If visiting Chile you will need to request the visa from the Chilean consulate in Melbourne, Syndey or the A.C.T, prior to arrival in Chile.The visa allows a maximum stay of 90 days.
Man nails ex.wife for Defamation based on Facebook allegation he committed domestic violence.

Man nails ex.wife for Defamation based on Facebook allegation he committed domestic violence.

When it comes to Family Law matters, defamation law is rarely considered by lawyers, however as this case shows, if one of the parties takes to social media to vent, not only might they be in breach of s.121 of the Family Law Act and Family Court Orders which too many take too lightly but now with defamation proceedings available as a sword and the offended party sure of payment from the settlement of property in proceedings if no where else, it shows the risks of using social media to vent. In the case of Dabrowski v Greeuw (2014) WADC 175, the husband was awarded $12,500 in damages after his ex. was held to have defamed him on Facebook.After the couple separated, the ex.wife took to facebo
When communication breaks down and you can no longer effectively co-parent what do you expect the Court will do to solve the impasse?

When communication breaks down and you can no longer effectively co-parent what do you expect the Court will do to solve the impasse?

FLAST CASE BRIEF : MADDOX & NEMET [2019] FCCA 1078 When communication breaks down and you can no longer effectively co-parent what do you expect the Court will do to solve the impasse?This case involved a #Parenting dispute and the Court had to consider whether parents who cannot communicate ought to have equal shared parental responsibility for their almost 15-year-old daughter? How much time the girl should spend with her father in circumstances where the parents neither like nor trust each other?HELD : When I consider the evidence of the parties, which shows an inability to communicate in order to properly consult about major decisions to be made in relation to the Child’s welfare ..
Drunkard Mother loses custody in interim proceedings.

Drunkard Mother loses custody in interim proceedings.

FLAST CASE BRIEF : AQUARO & AQUARO [2019] FCCA 1140 This case involved #Parenting and interim orders where the Court had to consider competing parenting proposals with both parents wanting  the Children live with them.There were allegations of alcohol abuse by the Mother along with mental illness.  The Court needed to consider the best interests of the Children and whether there was an unacceptable risk.  The most serious allegations against the mother was on 6 February 2019 when the Mother drove a car with the Children in it whilst intoxicated when collecting the Children from school. Later that day the Mother was taken to the Town E Hospital by her brother and the maternal grandmother
REPEATED BREACHES OF AVO's must have consequences - Imprisonment is the Court's view.

REPEATED BREACHES OF AVO's must have consequences - Imprisonment is the Court's view.

In family law related cases we see all too often the problem of domestic violence against women and children who are in a vulnerable position as a result of the break-up.If an offender repeatedly breaches a bond and an apprehended violence order-imposed by the Court and continues to inflict violence upon a woman in breach of orders that involved similar past behavior and the same victim, he should expect to be imprisoned, and not for an insubstantial period.This applies especially in cases of the more vulnerable victims such as Unemployed persons, Person's cut off from friends and family, person's with disabilities.Even more so if it involves crimes against children, one of the statutory agg

Strangulation assault

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Father subpoena's the criminal record of maternal grandfather & restrains the mother from drug use, grants father interim custody.

Father subpoena's the criminal record of maternal grandfather & restrains the mother from drug use, grants father interim custody.

FLAST Case Brief : ANESTIS & KLEMM (No.2) [2018] FCCA 2622This interesting Family Law proceeding saw the Father subpoena the criminal records of the maternal grandfather and seek injunction against the mother due to her being a drug user,  the mother (and her father) objected to this on the grounds of relevance.The Court held that the mother do undergo supervised random urine analysis drug testing on no more than one occasion each month forthwith upon the request of the Independent Children’s Lawyer and do provide the results of same as soon as they become available and that such testing be collected in accordance with the chain of custody protocol specified in AS/NZ 4308:2008.That the m
When there are two children, each aligned with one parent and refusing to see the other.

When there are two children, each aligned with one parent and refusing to see the other.

FLAST CASE BRIEF : COFFEY & TILLMAN [2019] FCCA 1118 This was an unusual #Parenting matter  involving two children (16yrs and 13yrs) with two unsuccessful attempts at Court ordered family therapy. Each child was aligned and living with one parent and refusing contact with the other parent.There was agreed sole parental responsibility for each child to the parent they live with and it was agreed each child may spend time with and communicate with the other parent if and as they wish.Where children are voluntarily spending time with each other and the father seeks a court order for a further attempt at family therapy, the father seeks an order requiring children to spend time together in
Family Court imposes strict conditions of drug and alcholol testing for father to see child.

Family Court imposes strict conditions of drug and alcholol testing for father to see child.

FLAST CASE BRIEF : SYKES & GROFF & ORS [2019] FCCA 1079 We often hear about cases involving drug and alcohol abuse along with domestic violence, this case examines such a scenario, where the  court had to consider whether a father ought to have unsupervised time with a young child when there are serious allegations of family violence and drug abuse and he has failed to provide drug screens.  It was held that the mother shall have sole parental responsibility for the child and the child live with the mother. Conditions for father to see child :Within 72 hours of the date of these Orders, the Father shall make an appointment to attend for hair collection at an Australian Workplace Dru
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