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Showing posts with the label dispute resolution

The Ugly Truth About Child Custody Dispute Resolution Finally Revealed

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  Child custody  disputes fall under the Family Dispute Resolution umbrella (FDR) in Australian law. Family dispute resolution involves a host of services offered by legal entities and other organisations, which are designed towards helping separated couples resolve issues affecting them and their families. This section will uncover the truths behind the process of resolving child custody disputes. It Starts With Mediation Conflicts involving child custody are often addressed under mediation, which is a form of alternative dispute resolution. Mediation is a voluntary process, but it is often required before your custody case is resolved in a  family court  in Australia. In fact, you can only file a case with the family law court after you receive a certificate that states you made a genuine effort towards resolving the custody dispute, but you were unable to arrive at a resolution with your partner. Certain exceptions to this requirement do occur, such as the risk of...

Are You Affected By A Retaining Wall Dispute?

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This article aims to briefly discuss the challenges facing residential neighbours when a dispute between two neighbours in relation to a  retaining wall arises.  Generally, an attempt is made here to simulate the subject with recommendations as to how you may resolve the dispute with your neighbor. Retaining wall in a nutshell Retaining walls is not defined in the  Neighbourhood Disputes  (Dividing Fences and Trees) Act 2011  (Qld) (NDA). Instead, the phrase is defined in the Macquarie dictionary to mean a wall built to hold back a mass of earth, for example.  Generally, retaining walls involve engineering specifications prior to construction.  The tribunals have said, that, unlike fences, it is not usually possible to make both adjoining owners liable for the cost of maintaining,  repairing or replacing a retaining wall.  This is because usually, a retaining wall is of greater benefit to one of the adjoining owners. For clarity, the retainin...