Recent News & Information Archives - Page 12 of 14

One of the most common issues that family lawyers face is that of separated parenting disputing over their children. Often, one parent does not want to let the other parent spend time with the children or does not want the other parent to spend as much time with the children as they do. There are many reasons why this may be the case, whether it is a child support issue, an issue of family and domestic violence, drugs or just out of spite, the overall outcome is the same – until the parents are able to reach agreement, the children are often caught in the middle of feuding parents. So how do we approach this problem to avoid this?

The first step is to try to put aside any animosity that you may hold for the other parent. This is important if an agreement is to be reached without court proceedings. The second step is to focus on the children and what is in their best interest. There are many factors to consider in determining what is in a child’s best interest, including the views of the children themselves. Finally, document the agreement so it is clear what has been agreed and can be referred to in the event of a dispute.

There are two ways to record any parenting agreements reached; either by way of a parenting plan or consent order. A parenting plan is a written agreement which is signed by both parents. They are effective where there are low levels of animosity or where an agreement is likely to need to be changed regularly. Unfortunately, they are unenforceable in the event of a dispute which cannot be resolved which means that they carry a large element of risk should the co-parenting relationship deteriorate.

The other way to record a parenting agreement is by way of Consent Orders. This is similar to a parenting plan, however the consent orders are lodged with the Family Court of Australia and become an Order of the Court. This means that in the event one party breaches the Order, then the other party is able to enforce the agreement. The problem is that in order to have the agreement changed, the parties will need to either see a solicitor or make an application to the Court to vary the Order, which can be an expensive application to make.

Which is best for you? This will depend on your individual circumstances. As no two families are the same, different methods suit different people. If you have recently separated from your spouse and want some advice as to negotiating a parenting agreement, contact our office and we will put you in touch with one of our Family Law experts who will be able to assist you in negotiating an agreement and then documenting it in the most appropriate way.

Do you require expert legal advice for a family law matter or family dispute resolution? We can help. Contact Brooke Winter Solicitors immediately on 1300 066 669.

Australia has now joined the rest of the modern world in legalising same-sex marriage. The Bill was passed by the lower house of Government on 7 December 2017 and was assented to by the Governor-General in the morning of 8 December 2017.

This means that same-sex couples can register their intentions to marry as of 9 December 2017, and will officially be able to marry as of 9 January 2018.

This is a momentous day for Australia, as it finally allows same-sex couples to wed as heterosexual couples can, and be awarded the same rights as a result.

If you are in a same-sex relationship and are intending on marrying, and want advice on protection of your assets, please contact us to speak to one of our Family Law experts.

The outcome for a brother and sister who robbed a Burleigh Service Station.

Two highly intoxicated siblings who made a terrible decision in July last year to rob a Burleigh Caltex Service Station using a knife pleaded guilty to the robbery last week on November 23rd.

In a sincere letter of remorse to the courts, the brother and sister gave a heartfelt apology to not only the court, but also the complainant in the matter and the community at large, apologising for their regrettable actions.

Criminal Lawyer Brooke Winter who represented the pair said they had made a terrible and tragic decision that has affected them accordingly. Raquel and Ethan Evans were given a three year jail sentence with immediate parole for the time they had already served.

What is a Taser and how does it work?

A Taser is an electroshock hand-held weapon produced by Axon (formerly Taser International). It is a non-lethal weapon that police officers can use as an alternative to deadly firearms. Tasers can subdue a potentially dangerous individual without causing any serious injury. It is a very helpful tool to reduce fatality during police confrontations.

When you fire a Taser, it produces two electrodes that remain connected to the weapon by very thin wires. These electrodes will send an electric current to incapacitate muscles. The electrodes are stored in a cartridge that needs to be replaced after every shot (some models can fire up to three shots). A Taser can fire up to 11 metres and can penetrate clothing.

What does the law say about owning a Taser?

It is illegal for civilians to own a Taser anywhere in Australia. Not even all police officers can carry a Taser. In Queensland, only police personnel on patrol and members of the Special Emergency Response Team are allowed to carry a Taser. They are trained to assess situations and decide if use of Tasers is the most appropriate solution. Police officers can only use a Taser after passing a rigorous training about proper handling and risk analysis. The Taser models currently used by Queensland Police are M26 and X26.

What is the danger of using a Taser?

It is illegal for civilians to own a Taser anywhere in Australia unless you are the holder of a Category R Weapons Licence (Weapons Categories Regulation 1997 Qld). It is a highly restricted item and not even all police officers can carry a Taser. In Queensland, only police personnel on patrol and members of the Special Emergency Response Team are allowed to carry a Taser. They are trained to assess situations and decide if the use of Tasers is the most appropriate solution. Police officers can only use a Taser after passing rigorous training about proper handling and risk analysis. The Taser models currently used by Queensland police are M26 and X26.

How can we be sure that Tasers are not misused by Police?

The Queensland Police Service is continuously developing its training and policy on Taser handling. All is in coordination with the Crime and Misconduct Commission and overseen by the Ethical Standards Command. This is to make sure that no policy loopholes are overlooked in terms of Police use of Tasers. Constant reviews and investigations of incidents involving Police use of Tasers are also made to make sure that all police officers comply with the policy made by QPS. Back in 2013, CMC published a report on all incidents involving multiple and prolonged deployments of tasers. Queensland Police Officers who were found guilty by the investigation received disciplinary action.

You can reach out to CMC and ESC for any complaints or concerns regarding Tasers misuse of Police Officers.

Uber is a ride-sharing service that uses mobile application technology and internet for its operations. It gives convenience to passengers because of the capability to order car service from anywhere. It also promotes cash-free transactions due to its online payment technology. Uber is currently operating in more than 500 cities around the world.

How did Uber Start in Queensland?

The American-operated company started in the province back in October 2012. Its popularity to commuters quickly rose because Uber fares are generally cheaper than regular taxis. The number of Uber drivers also grew fast because of the growing demand. It was also easy to get into Uber business because there was no requirement yet to pay for any government licenses and fees.

Due to the increasing popularity, people began to question the status of Uber in Queensland. Many people questioned its legality, especially the taxi drivers. However, there was no law at that time that says Uber is illegal. Although drivers can be penalized for driving without an Authority, Uber was still not government licensed and regulated. Thus, Uber continued to operate freely in Queensland. On the part of commuters, riding Uber was also not illegal, but safety was a big concern.

What is the status of Uber?

Because of all the questions regarding Uber operations, the Queensland Government legislated for its regulation. In September 5 of 2016, Uber was made legal to operate in Queensland. All booked and ride-sharing services, together with limousines, taxis and other hired cars are now regulated under a new law. It required all Uber drivers to have valid drivers’ authorization. They should pass health and criminal checks to have the legal authorization. Drivers should also obtain the annual Booked Hire License of $237.26. Uber cars should pass the safety inspection before they can get on the road.

Should Taxi Drivers be concerned?

To support the taxi drivers after the legalization of Uber and other ride sharing businesses, the Queensland Government provided a “hardship fund” worth $26.7 million. A total of $100 million assistance was given to the taxi industry. The government waived $4.3 million worth of fees for taxi business. The maximum age limit for taxis was removed as well. These should give fairness to the taxi industry in competing with ride sharing services.

What is the future for Uber and other ride-sharing business?

Now that the Queensland Government has put all ride-sharing services in the same playing field as the taxis, we can expect more changes in Uber regulation. Also, expect Queensland laws for Uber to constantly develop in creating a fair market among all transport service industries. With the transition fund that the government provided to the taxi industry and its plan to open the market for new taxi business, Uber can expect a tougher competition in the future.

Queensland courts have released a series of short videos for domestic violence cases. The videos are designed to provide information to both victims and perpetrators and to make the community more aware of appropriate action to stop the violence.

The videos were created by the Attorney General and Minister for Justice Yvette D’Ath and Dame Quentin Bryce and have been circulated for sharing by legal professionals in Australia. These videos are available on our Domestic Violence page.

Click here to view the videos.

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.

Do you want to know whether you can record a phone conversation for personal reference or during a dispute? With smartphones at our fingertips, capturing a phone call has become easier than ever. But when it comes to the legality of these actions, remember to tread carefully. So let’s answer the question “is it legal to record a phone call?” once and for all.

Is it Legal to Record Phone Calls in Queensland?

There are many situations in which you might find yourself wanting to record a personal phone call in Queensland. 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.

Smartphones have made it easy to record conversations. For many people, it’s as simple as pressing a button on your phone. But, is it actually legal?

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

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 other person’s phone to make the recordings (such as bugging the phone).

For businesses and organisations, the rules change 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, but do not apply to individuals.

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 from a local lawyer.

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.