The Federal Circuit court used to be called the Federal Magistrates Court. This is the court in which you can make an application to have Family Law or Property matters dealt with.
In order to make an application to the Federal Circuit court, you must have attempted mediation and received a 60I certificate, or you need to fall into one of the categories of exception.
- Mediation
- Property Settlement
To talk to an experienced lawyer about your family matter, contact Brooke Winter Solicitors today.
For some people, licence suspension might bring on considerable hardship. For instance, without your licence, you might be unable to drive to work, or drive your children to school.
When you’ve had your licence suspended in Queensland, you might be able to apply for a Special Hardship Order. To be approved, you need to show that hardship would result from your licence suspension.
If your Special Hardship Order is granted, you might be able to drive with certain conditions. For example, you might be allowed to drive between particular hours or locations. This can help you to maintain work and family commitments during your licence suspension.
To learn more about applying for a Special Hardship Order, contact the traffic lawyers at Brooke Winter Solicitors. We provide free initial phone consultations to assist you to understand your options.
The process for divorce in Queensland is comparable to other states in Australia.
Before you can make a divorce application, you need to have been separated from your spouse for twelve months. You can then file for divorce together with your spouse. There is a fee involved in lodging the paperwork.
If your spouse disagrees, you can apply independently. This can lead to a divorce hearing.
Brooke Winter Solicitors frequently attends divorce hearings around Queensland. For more information about applying for divorce, contact our family lawyers.
Making a separation agreement involves negotiating parenting arrangements with your ex-spouse.
Separation is a difficult time. When children are involved, they can find the process stressful as well.
Although separation is rarely an easy process, having a separation agreement can be helpful. A separation agreement is an agreement between you and your ex-spouse that governs how you will parent your children. It doesn’t have to be written, but you can have a written agreement if you prefer. This can help promote a sense of stability and consistency for the children of the relationship.
For example, you and your ex-spouse might reach an agreement on how your children will be parented. In this case, the agreement might look like a parenting plan.
If you and your ex-spouse are unable to reach an agreement, there are court processes to help you reach a resolution.
At Brooke Winter Solicitors, our family law team are experienced in working with separation agreements. If you’re separating from your spouse and need assistance with a legal matter, you’re welcome to contact us. We offer free initial phone consultations.
Drug possession means that you have control and custody of the illicit substance. Although this often means that the substance was found on your person (for example, in a pocket), this is not always the case. For example, if you’re travelling in a car and you know that there are drugs stored in that car’s glovebox, you might be charged with possession.
A common scenario in which drug possession charges occur is at music festivals. If you’re planning on going to a music festival, you should be aware that there are often drug detection dogs used by police at these festivals.
If you are found to be in possession of a dangerous drug, this charge can have serious consequences. So, it is advisable to gain legal assistance at the earliest possible time. This can assist you to understand your rights and options.
If you’ve been charged with drug possession, contact us for a free initial phone consultation. Brooke Winter Solicitors have experienced criminal lawyers available to assist you, wherever you are in Queensland.
Complying With Reasonable Directions
If you’re stopped by the Queensland Police, you must comply with any reasonable request they make of you.
For example, if you are stopped in your car for a random breath test, you must complete it. If you are asked to provide identification, you must do so.
If you fail to comply with a reasonable request from a police officer, you could be charged. It’s a good idea, then, to follow reasonable police instructions, even if you are distressed, anxious, or concerned about doing so. If you are charged with an offence, it can be helpful to gain legal assistance at an early stage.
Brooke Winter Solicitors can assist you with traffic law matters, wherever you are in Queensland. Contact us for a free initial phone consultation to learn more about your options.
There are different kinds of offences, which result in different processes.
There are different types of offences that police might investigate. These differ according to their severity, and the process that occurs after you’re charged differs as well. The two major types of offence are indictable matters and summary matters.
Indictable Matters
These are serious matters that must be dealt with in the District Court or Supreme Court in QLD or NSW. Examples include murder, manslaughter, or major drug offences such as trafficking or supply.
Summary Matters
These matters must be heard by a magistrate in a magistrate’s court. Examples include public nuisance, obstructing police, or minor stealing charges.
The Next Step
Regardless of the nature of the offence with which you’re charged, it’s important to exercise your right to remain silent. Contacting a lawyer as soon as possible can be a helpful step towards understanding your options. Brooke Winter Solicitors have a team of experienced lawyers who can travel to represent you, wherever you are in QLD.
There have been many high profile discussions this year about domestic violence, specifically on the Gold Coast. This is a national problem and there have been a number of high-profile cases that have prompted some changes to the system.
At Brooke Winter Solicitors we were pleased earlier this year to hear about the commencement of the pilot Domestic Violence Court on the Gold Coast.
Our principal, Brooke Winter, recently attended ‘Understanding the New Domestic and Family Violence Specialist Court’ course chaired by Magistrate Strofield, to learn more.
Here are a few key changes affecting domestic violence matters:
Reduced Waiting Times
One of the most challenging parts of domestic violence matters can be the waiting times. When you’re dealing with a life-changing situation, delays can be stressful.
There is now a second magistrate sitting in the Southport domestic violence court. So, waiting times for Domestic Violence Order applications are slashed.
More Support
In the new system, both victims and respondents will have better access to support.
A key focus of this support is to prevent future instances of domestic violence. For example, the court supports the Men’s Behaviour Change program run through Centacare. This program helps respondents reduce violent behaviours and learn healthier relationship skills.
We welcome these changes. They’re a step towards a more supportive, responsive Gold Coast community.
If you need help with a domestic violence law issue, you can contact Brooke Winter Solicitors for a free phone consultation on 1300 066 669.
Current as at 6th November 2015
With the new focus on domestic violence and the updated legislation, many people are questioning how these changes affect family law applications and orders. The Commonwealth Federal Circuit Court and Family Court are attempting to streamline their process to work in with the State courts in relation to domestic violence.
In the past, the Federal Circuit Court would often be frustrated by the minimal information they were provided with about domestic violence in the family. At the beginning of 2015, the Commonwealth Courts brought in a requirement that every person making an initiating application must complete a Notice of Risk which outlines specific allegations of child abuse and domestic violence. Since the commencement of this requirement, the courts have seen more cases of domestic and family violence brought to light in proceedings.
A pilot program in Brisbane Magistrates Court has instigated a referral system where if a person applies for a domestic violence order and there is a child involved, the Magistrates Court refers the person to the Federal Circuit Court. The Federal Circuit Court is notified that the person has been identified as a person who needs assistance with parenting orders which allows the court to carefully consider whether an urgent application needs to be made.
Additionally, when the Magistrates Court is considering a domestic violence application, they have the ability to amend current Federal Circuit Court orders. The law states that if a domestic violence order and Federal Circuit Court order are inconsistent then the parenting order prevails. This causes difficulty if a parenting order allows for contact but the Magistrates Court believes it is unsafe for the child. That court is able to amend the parenting order in order to protect the child from violence. However this order only stands for 21 days or until the next court date, whichever is earlier, so it is a necessity that the aggrieved party make an urgent application to the Federal Circuit Court to keep those amendments in place.
In order to streamline the communications between the Family Court and domestic violence courts, Australia is looking at model law framework for domestic violence which is constant across the country. At the moment, it is necessary to register an interstate order in a different state however if the changes are successful, a domestic violence order made in one state will be valid Australia wide. The State and the Commonwealth courts can now communicate in order to obtain orders and records from each jurisdiction to assist with the other.
These changes will hopefully assist in the protection of those subjected to family or domestic violence and ensure that every family unit is protected Australia wide.
If you need assistance with domestic violence or family law, contact Brooke Winter Solicitors and Advisers on 1300 066 669.
Uber is now Legal in Queensland, click here to read the new article.
Have you used an Uber service?
Attracted by its convenience (or the chance to earn a little extra cash), many Australians have started using Uber.
With its popularity, questions have arisen regarding Uber’s legal status. So, is Uber legal in Queensland?
What Are the Main Legal Issues in Queensland?
Uber operates through its American company, over the Internet. So, it’s not illegal – but it is unlicensed and unregulated.
There are a lot of factors that could affect Uber’s operations in Queensland; it’s unlikely to stay in a grey area for long.
For example, the Queensland Government is looking into legislation to regulate Uber’s operations.
In the meantime, if you’re a driver or a user, there are some issues to note.
Could I Get in Trouble for Uber Driving?
There is an ongoing question about whether Uber should be classified as a ‘passenger service’ or a ‘taxi service’. This might seem insignificant, but it makes a difference to drivers’ responsibilities.
With Uber in this grey area, if you’re a driver, you might be fined for Driving without an Authority.
If you did get prosecuted for this, you could be penalised up to $18848, and your licence could be disqualified too. There also could be insurance issues if you have an accident with a passenger in your car.
It might be worth weighing this risk against the income potential of your Uber driving – at least for the moment.
Why Are There These Consequences?
It might seem like a tough penalty, but driver authorisation is about safety.
The reason why this penalty exists is to make sure that a driver is a safe, capable, responsible person. When you ride in a transport service, you want to know that you’re in safe hands.
It’s difficult to tell if an Uber driver has these attributes. Uber’s driver requirements don’t cover all these areas.
What if I Ride Uber?
As an Uber rider, you’re not likely to get fined. But, you might be risking your safety.
Uber specifies that its drivers must be at least 21 years old with a full driver’s licence. They need to pass a criminal history and driving history check. Their car needs to be a registered four-door vehicle that is a 2006 model or newer with CTP and third party property insurance.
These requirements alone don’t guarantee you a safe, capable and responsible driver.
There’s no denying that Uber is a convenient service; it’s up to you to decide whether it’s worth the risk.
If you need help with a traffic law issue, you can contact Brooke Winter Solicitors for a free phone consultation on 1300 066 669.
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Criminal Law, Traffic Law and Domestic Violence related matters anywhere in Australia
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