Divorcing in Queensland

Separation and divorce are difficult decisions. If you’re considering divorcing in Queensland, it’s a good idea to be aware of the general process.

Divorce involves a standard process. You need to fulfill a series of criteria. The general gist of these criteria is that you and your partner have been separated for at least twelve months, are based in Australia, and are not likely to reconcile.

You can apply for divorce alone, with your partner, or with the assistance of a family lawyer. The process is a little different depending on whether you and your partner apply together, or if you apply alone.

When you’re separating from your spouse, you might also want to consider other factors that can complicate things at this time. Property and children are the two most common areas which might require additional agreements. Divorcing is a separate process from these agreements.

As part of the separation process, it’s important to consider the care arrangements for any children of the marriage under eighteen years of age. Sometimes, it can be challenging to reach an agreement with your ex-partner regarding care of children. You can learn more about children and separation in our article here.

You and your partner will also need to consider property issues. As with matters involving children, you and your partner will need to reach an agreement about the division of property. In some situations, this can create additional complexities.

The first step in both of these situations is typically mediation. In some cases, though, you might need to go to court.

When separating from a spouse, it’s advisable to seek legal advice specific to your circumstances. This can help you to take the appropriate steps, and to be aware of how the process is likely to affect you.

Although nothing can stop this from being a stressful time, it can be comforting to be knowledgeable about the steps involved.

Recently, there was a change to Australian marijuana laws. This change could be of interest to those people who are interested in the topic of medicinal cannabis.

In a general sense, these changes may enable access to medicinal cannabis for certain people. But, there are a few hurdles that still exist – and these differ from state to state.

What were the changes to the Australian marijuana laws?

There was a recent series of amendments made to Australia’s Narcotic Drugs Amendment Act. The focus of these amendments was to enable licensed growth of cannabis plants for medical purposes. The changes also make it easier to conduct research on the same topic.

So, it’s now possible to be issued with a licence to grow cannabis for medical purposes in Australia.

How do these changes affect me?

In some medical situations, some people will be able to get a prescription for medical cannabis. They can then obtain it from a licensed source.

This depends on state-level legislation, however. So, if there is still a state or territory law against medical marijuana use in your case, this means that you cannot yet follow this pathway.

So, at this stage, the main impact of these amendments is that it will be easier for states and territories to legalise medical cannabis when they choose to do so.

If you’re interested in learning more about access to medical cannabis specific to your situation, you can speak with a health professional in your area.

If you’re planning a road trip, or perhaps have a particularly long day ahead, you might be wondering if it is illegal to sleep in your car.

At the moment, there are no nationwide laws against sleeping in your car. In some regions of Australia, this means that you can pull over in a rest area and spend the night. Certain state and local governments do have laws against sleeping in your car, however. In some places, you can only sleep in your car in certain areas.

Sleeping In Your Car In QLD

Queensland is known as an area where these laws are a bit stricter in regards to sleeping in your car. In Queensland, there are 450+ rest areas where you can stop for up to 20 hours at any time during the year. These are not long-term camping areas and are designed for an overnight stay as you journey along. You can refer to the Guide to QLD Roads PDF for more information about rest areas, their location, amenities, and whether camping is permitted.

Local Council Laws in QLD

In more populated areas and popular tourist destinations such as Brisbane, the Gold, Fraser, and Sunshine Coasts, local council laws are much more specific about where you can and can’t sleep overnight in your car. For example, on the Gold Coast, sleeping in your car is part of the definition of camping according to council by-laws. This means that you can only sleep in your car if you are in an area where it’s legal to camp, such as a public campsite or designated rest area. In Brisbane, the council by-laws are similar. On the Fraser Coast local council is very vigilant about deterring illegal camping and encourages people to report illegal camping.

Sleeping In Your Car After Drinking Alcohol

You should also be aware that if you are sleeping in your car after having a few drinks, your situation might be different again. Watch our video: Is It Legal To Sleep In Your Car After Drinking.

Should I Sleep In My Car In QLD?

If you are thinking about sleeping in your car, it’s a good idea to check what local laws apply, to avoid a possible fine. The Guide to QLD Roads is very informative in this respect letting you know where it is legal to spend the night or where you need to obtain permission.

If you’re unsure, try contacting your local council. They should be able to fill you in about whether it’s legal to sleep in your car where you are.

Popular Local Council Websites & Contact Phone Numbers

Gold Coast: http://www.goldcoast.qld.gov.au  Phone: 07 5582 8211
Brisbane: https://www.brisbane.qld.gov.au/ Phone: 07 3403 8888
Sunshine Coast: https://www.sunshinecoast.qld.gov.au Phone: 07 5475 7272
Moreton Bay: https://www.moretonbay.qld.gov.au Phone: 07 3205 0555
Fraser Coast: http://www.frasercoast.qld.gov.au Phone: 1300 79 49 29

For a comprehensive list of local government websites and phone numbers in Queensland visit the Local Government Directory.

Wondering if you can record a phone conversation for personal reference or during a dispute? With smartphones at our fingertips, capturing a phone call has become more accessible than ever. But when it comes to the legality of these actions, remember to tread carefully.

It is Legal to Record Phone Calls in Queensland?

There are many situations in which you might find yourself wanting to record a personal phone call. Whether you’re in a conflict situation, or you’re just doing so to aid your memory, this can be a bit of a grey area.

Smart phones have made it easy to record conversations. For many people, it’s as simple as pressing a button on your phone. So, is it legal to record a phone call in Queensland?

Generally speaking, in Queensland, you can record a private phone call without breaking the law. There are a few conditions, however.

You have to be a known party to the conversation. So, you can record a phone conversation with someone who knows they are speaking with you. For example, if your boss rings you to talk about your work contract, you can typically record this phone conversation legally.

The recording has to be for your private records. So, if you make a recording, you can’t publish it or share it with others. This also means that you can’t type up a transcript and share that, either.

The recording has to be made with an external device. So, you can’t use a device connected to the phone to make the recordings (such as bugging the phone).

For businesses and organisations, the rules shift slightly. You’ve likely heard a pre-recorded message informing you of the call being recorded when interacting with customer service or sales departments. These disclaimers are part of the regulatory framework businesses must adhere to when recording calls.

In most other Australian states, it is illegal to record a phone call. If you’re thinking about recording a phone conversation, and you’re not sure if it’s legal to do so, it’s a good idea to seek legal advice.

Seeking Legal Advice on Recording Conversations

For more information and further clarity on the laws surrounding phone recordings, reach out to our team at Brooke Winter Solicitors. 

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