The Charges:       

Obtain Financial Advantage – The maximum penalty for each charge under section 135.2(1) of the Criminal Code (Cth) is 12 months imprisonment and/or a $6,600 pecuniary penalty

Attendance Date:

March 2018

Location:

Southport Magistrates Court

Our client was charged with 2 counts of Obtaining a Financial Advantage from Centrelink between 2010 and 2016. The total amount of the advantage alleged to have been obtained was close to $55,000 over that period of time. Our client was not happy with the representation and advice provided to her from her previous lawyers and came to our firm for representation. She commented that in one conference with us, she already gained more information regarding her legal matter than during all the time she had retained her previous representation.

Our client pleaded guilty to the offence. We advised her to gather certain materials to assist with her mitigating circumstances. These offences hold a maximum penalty of 12 months imprisonment and are taken as being very serious before the Court. As a result, most people charged with Obtaining a Financial Advantage who plead guilty or are found guilty spend time in actual custody for a number of months. This is not an uncommon result.

Our expert Legal Team represented the client and provided case law precedents to the court to assist with sentence. We achieved a fantastic and rare result which allowed the client to remain in the community without needing to spend any time in custody. The client was sentenced to 12 months imprisonment released forthwith upon signing a recognizance in the amount of $2,000.00. This was a fantastic result.

If you have a legal problem then please call us on 1300 066 669 to speak with one of our expert Solicitors to help you.

The Charges:

Possess Dangerous Drug (Drugs Misuse Act)

Attendance Date:

March 2018

Location:

Brisbane Supreme Court

Overview & Outcome

Our client was charged with possession of Meth by the Queensland Police. We represented the client through the committal process and obtained a brief of evidence. Our client entered a plea of not guilty to the charge which was heard in the Brisbane Supreme Court before a Judge and Jury. The Prosecution called their witnesses and we vigorously cross examined each of them. Our client then gave evidence at the trial. After carefully crafted submissions to the jury they retired and returned a verdict of not guilty. We are proud to have been able to assist our client through this stressful process.

If you have a legal problem please call us on 1300 066 669.

Grandparents play an important role in the lives of children all over Australia. They are often an invaluable resource to parents who need a break or guidance or to assist in the day to day activities for the children, such as before and after school care. It is because of this that the Family Law Act recognises grandparents and has provisions within the Act that sets out rights for grandparents in relation to their grandchildren.

The Act provides that the children have the right to maintain regular contact with people who have had or do have a significant role in their daily care, welfare and development. As grandparents have often been overlooked previously, the Act now specifically includes grandparents in this category. Unfortunately, the Act does not go so far as to provide for an automatic right for the children to see and care for their grandparents, however provides that Grandparents are able to apply to the Court for Orders that allow same.

As with all applications concerning children, the Court must consider whether the Orders sought in the Application are in the children’s best interest. This test may be satisfied if a parent is unable to care for a child, unwilling to care for a child or otherwise should not be caring for a child (such as capacity issues). These circumstances mentioned are not exhaustive, which means that even if you do not satisfy one of the above, you may still be able to apply to the Court for an Order.

In cases such as drug or alcohol abuse, significant levels of violence in the home or if the children are being neglected, the Courts are more likely to consider an Application by the grandparents due to the need to protect the children. In making the Order, the Courts can set out who the children are to live with, who is able to make the long terms decisions concerning the children (such as just the parents or jointly with the grandparents or just the grandparents alone) and also put into place any specific requirements for spending time with one of the parties, such as the need to be supervised at all times.

If you are a grandparent who is being denied the opportunity to see your grandchildren or you have concerns for your grandchildren, please contact our office and we will put you in contact with one of our Family Law Experts who will be able to advise you as to your rights and the correct action to be taken. Call us on 1300 066 669.

The Charges:

Attempting to Pervert Justice (Criminal Code 1899 – SECT 140)

Attendance Date:

March 2018

Location:

Brisbane District Court

Overview & Outcome

Our client was charged with Attempting to pervert the course of Justice by agreeing to accept charges on a friend’s behalf via written statutory declaration sent to the Police. Police established that the original offence was not committed by our client and therefore, by writing the declaration to accept the charge, our client was charged with perverting justice. The maximum penalty for this offence is 7 years Imprisonment. It is not uncommon for defendants to spend time in actual custody for these sorts of offences as they are considered particularly serious. Our client pled guilty to the offence before the Brisbane District Court. After detailed submissions made by counsel, the presiding Judge ultimately sentenced him to a wholly suspended sentence with no time to be served in actual custody for this offence. It was a great result and one that our client was extremely happy with.

The recent development about Barnaby Joyce’s extra marital affair has opened a dialogue with regards to discussions on property settlements and paternity.  What many people falsely assume is that the girlfriend (as opposed to his wife) will not be entitled to anything apart from child support from Barnaby and that his property settlement issues with his (now) ex-wife will be resolved through the usual process.

This cannot be further from the truth.  In this circumstance, it is possible that Barnaby has left himself open to a property settlement claim from both his now ex-wife and the girlfriend. How can this be possible?  The Family Law Act provides that parties are entitled to seek a property settlement through the Courts where they are either in a de-facto relationship or a marital relationship.  Ordinarily, most people will fall into either one or the other category, however the process is the same when it comes to establishing entitlements.

Where the issue is complicated is in circumstances where a one party to the relationship maintains a relationship with a party outside the relationship.  Often these relationships are short-lived and when discovered, often result in the parties separating.  In this circumstance, the relationship has not only been over a lengthy period of time, it has also resulted the birth of a child.  If we were to put the paternity issues aside, what we are now faced with is one person who has maintained two relationships which, if considered individually, would each satisfy the criteria set out be the Family Law Act to qualify for a property settlement (and potentially spousal maintenance as well).

In this circumstance, both the girlfriend and ex-wife would be entitled to seek a property settlement under the Act.  If both the girlfriend and ex-wife apply for a property settlement, this could potentially see Barnaby left with very little by way of assets.

If you need advice about a property settlement, please contact us to speak to one of our Family Law experts who will be able to give you comprehensive advice and ensure that you receive what you are entitled to.  Call us on 1300 066 669.

Brooke Winter Solicitors
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