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Showing posts from September, 2022

Divorce Rates in Australia

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  QUESTION: Which Australian State or Territory has the highest number percentage of recorded divorce rates against marriages? ANSWER: Queensland had the highest crude divorce rate of 2.5 divorces per 1,000 estimated resident population, while the Northern Territory had the lowest of divorce rates in Australia at 1.7 per 1,000 estimated resident population. Tasmania, ACT, and Queensland reported the highest proportion of all divorces involving children,  at 53.7%, 51.6%, and 51.3% respectively. New South Wales and Northern Territory (46.3%)  reported the lowest proportion of divorces involving children. Northern Territory had the highest median age at  divorce rates for males at 45.7 years , followed by Western Australia and  Tasmania (45.4 years) , while New South Wales had the lowest median age at divorce for males at  44.2 years of age. Tasmania had the highest median age at divorce for  females at 42.8 years,  followed by Western Australia a...

Fair Work Act Changes – Workplace Bullying

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The recent amendments to the Commonwealth Fair Work Act which are intended to address the issue of Workplace bullying have been passed and have been given a date to commence of the 1 January 2014, rather than the 1 July 2013 as had been originally intended. The new provisions in the  Fair Work  Act enable employees who allege that they have been the subject of bullying in the workplace to make an application to the Fair Work Commission. The Fair Work Commission is then obliged to commence the process of addressing the allegation within 14 days, although exactly how the Fair Work Commission will do that has yet to be confirmed. If the allegation of bullying behaviour in the Workplace is accepted by the  Fair Work Commission  it can make any orders that the Fair Work Commission believes are appropriate, but it is not authorised at that point to impose a financial penalty. However, any subsequent breach of any orders made by the Fair Work Commission can lead to signific...

Surrogacy Law in Australia

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Surrogacy Law in Australia explained: The word surrogate means a person trying to achieve output for another person. This person is simply a replacement. So in surrogate parenting, a married couple finds a substitute person to carry their child. Usually, these are parents who are not wanting to bear the child themselves. They can be physically unfit or they might have some medical illness that can be transferred to their child. For this purpose, a healthy surrogate mother is found. Thanks to advancements in medical technology, there is no need for physical contact between the male parent and the surrogate mother.  Sometimes both the egg and the sperm are from the couple and the third person just carries their child. But commonly the egg is from the third person. The surrogacy law in Australia is complicated. This process can be personal contractual between parents and the surrogate where payment is not involved. Or it is a commercial agreement.  The agreements of commercial su...

Top 10 Family Law Questions in Brisbane

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We deliver to you the  Top 10 Family Law Questions asked to us by our clients in Brisbane . 1. What is a Legal Separation and Divorce? A Legal Separation or Divorce is legal recognition of the conclusion of your marriage. You gain a Divorce if your marriage has broken down irretrievably and you’ve been officially separated for a minimum of 12 months. Importantly, you  don’t have to prove who was “at fault”  and you  don’t have to wait for the full 12 months  after separation to conclude a property settlement. 2. What is the definition of a de facto relationship? Contrary to public belief, there is no single “legal definition” of a de facto relationship because there are different requirements for various legal purposes. Generally speaking though,  a de facto relationship exists between 2 persons (who aren’t legally married) of the same or opposite sex (who aren’t related by family)  and, to all intents and purposes of the partnership, have a relationsh...