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Contravention Applications - Parenting Orders

Rachel Weatherly, December 11 2017

The relevant legislation is Division 13A of the Family Law Act 1975 (“the Act”). One way to deal with another party who is not complying with Court Parenting Orders is to file a Contravention Application.  The Application would include you pointing out what part of an existing Parenting Order had been breached, the dates, times and manner in which...

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Parenting Orders - Some things to consider

Rachel Weatherly, December 1 2017

It is always in the rush of things or in the pressure of negotiations that we forget some of the little things in parenting orders…which later can become the big things. It is worth turning your mind to the outcome you want with your parenting orders or plan before you even start negotiations.  Consider how the parenting order or plan effects all a...

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What do I do? They won't do what the parenting order says.

Rachel Weatherly, November 23 2017

The Family Law process can be tiring, frustrating and exhausting, made even more so when, just as you think you can finally get on with life, the other party simply won’t do what they are supposed to. There is of course a sliding scale of non-compliance with Orders, from being 10 minutes late every week, to not turning up at all to return the child...

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Family Dispute Resolution - Do I have to?

Rachel Weatherly, November 16 2017

The Family Law Act 1975 requires that parties in a separation attempt to mediate disputes by way of a Family Dispute Resolution conference in relation to children before they can make an Application in Court. You can visit our website for information on some Family Relationship centres who conduct Family Dispute Resolution conferences https://www.w...

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Circumstances where you may be able to challenge a Will

Rachel Weatherly, November 16 2017

One of the most common reasons a person would challenge a Will is where that person feels like inadequate provision was made for them by the deceased. In Australia a person making a Will has the right to give their estate to whomever they wish. However if upon their death, an eligible person (see below for the meaning of an “eligible person”) feels...

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Changes for registered charities and prescribed associations in South Australia

Ai Phan, August 3 2017

As of 1 December 2016, charities registered with the Australian Charities and Not-for-Profits Commission (“ACNC”) have had their administration burden cut in relation to fundraising in South Australia. Changes to the Collections for Charitable Purposes Act 1939 (SA) which regulates fundraising activities and requires charities collecting for...

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Charities and DGR Status

Ai Phan, December 8 2016

If you see a Charity that advertises along the lines of “donations over $2.00 are tax deductible” this means that the Charity has been endorsed by the ATO as a Deductible Gift Recipient. A Charity with DGR status has the following benefits: To receive DGR status, your organisation must meet all of the following

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Insurance for Not-for-Profit Organisations

Ai Phan, May 16 2016

Not-for-profit organisations operate in much the same way as that of for profit businesses in terms of the need to put in place an effective risk management process. A key component in effective risk management is having adequate insurance in place to protect your Organisation and its

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Financial Settlements Part 1 (Short Marriages/Defacto Relationship)

Rachel Weatherly, May 2 2016

It is generally considered that a marriage/ Defacto Relationship 5 years or under to be a “short marriage/relationship”. In short marriages the “rules” are a little different with regard to how the final division of property is calculated.  The issue of financial contributions, be it initial financial contributions or financial contributions during...

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Tenancy and Wills

Rachel Weatherly, March 21 2016

When purchasing a property jointly you need to decide whether to purchase the property as joint tenants or as tenants in common. Joint tenants mean you both own an undivided interest in the whole of the property.  In theory each joint tenant owns the whole of the property.  The choice of joint tenancy is usually made by domestic partners.  Upon the...

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