Recent Changes to De Facto Law

Substantial changes to de facto law were introduced on 1 March 2009. The major change that occurred was that de facto couples would be treated the same way as married couples have been for years. De facto couples in property settlement disputes are now heard in the Federal Magistrates Court of Australia or the Family Court of Australia.

A de facto relationship is a relationship between two people (including same sex couples) who are not married but are living together as a couple on a ‘genuine domestic basis’. Fundamentally, to have standing in a de facto property settlement claim, you would have to prove the following elements:

• a relationship of two (2) years; OR
• a child of the relationship; OR
• substantial contributions to the relationship; OR
• a registered relationship; AND
• either party being ordinarily resident in a participating jurisdiction when the
• application was made; AND
• both parties were ordinarily resident in a participating jurisdiction when the
• relationship broke down.

In Ricci & Jones [2010], a Federal Magistrate found that the Father had applied successfully for the dismissal of the Mother’s de facto property application. “The significance of this decision is that although there is a ‘child of the relationship’, the Court will not automatically conclude that a de facto relationship exists,” says Antonious Abdelshahied, Associate, Brooke Winter Solicitors & Advisers.

The parties in this case never lived together but did have a child. They dated for seven months until the Father ended the relationship when the Mother fell pregnant. The court found that there was no common place of residence, no ownership or use of joint property, no financial dependence or interdependence, the Father never cared for the child, and it was not a sexual relationship until the later part of the relationship.

The Federal Magistrate concluded that the relationship was of a ‘very limited nature’. “This very long awaited case has ‘limited’ the scope of what constitutes a de facto relationship and has essentially created a precedent for parties merely relying on the ‘child of the relationship’ provision rather than actually satisfying the Court that the parties were living together in a genuine domestic relationship,” says Mr Abdelshahied.

At the time of writing, the case was not being appealed.

In subsequent proceedings, the Mother was ordered to pay the Father’s legal costs totalling $5,865 for defending the Mother’s application that had no prospects of succeeding.”

Prior to Ricci & Jones, legal practitioners were of the view that a child born from a one night stand would give either party standing to bring a de facto property settlement claim. Ricci & Jones confirms that this is not the case.

“It is strongly recommended that any party who has had a child and who has recently come out of a very short relationship should obtain legal advice about whether they have standing to bring a claim for de facto property settlement or alternatively their prospects of success in defending such a claim” warned Mr Abdelshahied.

To obtain legal advice about De Facto Property Settlement matters, please contact Antonious Abdelshahied in Brisbane on (07) 3801 8366 or on the Gold Coast on (07) 5554 6622.

Drug Charges QLD

Have you been charged with a drug-related offence such as Trafficking, Supply or Possession?

Wondering what to do next?

If you’re facing drug charges, it is important that you get reliable legal advice before you do anything further. You have the right to remain silent and you should not participate in any police questioning without first receiving legal advice.

The penalties for drug offences can be very severe. There are a number of sentencing options available to the court, ranging from drug diversion (assessment and education), through to fines, probation, community service and imprisonment. There are also a number of defences which may be available to you.

Every situation is different. So, it’s important to get legal advice that is specific to your case. At Brooke Winter Solicitors, we have experienced criminal lawyers who can assist with drug charges.

If you’re facing drug charges in Queensland, then call us on (07) 5554 6622 for a free initial phone consultation.

Have you received an infringement notice and want to contest it?

If you’re thinking about disputing an infringement notice in Queensland, there are some factors to consider before you make your decision.

Did you know…..

1. The court has no discretion to alter demerit points;

2. If you elect to have the matter heard in court then a higher penalty may apply; and

3. The court has discretion to disqualify your licence.

If you’re unsure whether disputing an infringement notice is advisable in your situation, it’s a good idea to seek legal advice.

Brooke Winter Solicitors offers free initial consultations. If you want to discuss your infringement notice with a traffic lawyer, then please call us on (07) 5554 6622, or fill out our contact form.

A Recent Case in Southport Magistrates Court

Brooke Winter Solicitors have criminal law experts who can represent you in Southport Magistrates Court, in other Gold Coast courts, or elsewhere in Queensland.

One recent case has been covered by A Current Affair. We have worked with many clients on the Gold Coast and around Queensland on a wide range of criminal law matters.

If you need assistance with a criminal law matter, get in touch with Brooke Winter Solicitors Gold Coast. With an ex-police prosecutor on our side, we have the expertise to assist you.

We represent clients in the Southport Magistrates Court, and can travel to other courts around Queensland.

Contact us to arrange a free initial consultation. We’ll chat with you about your situation and your rights.

The Right to Remain Silent – And Other Rights in QLD

Are you being investigated by the Queensland Police? Did you know that you have rights?

You have the right to speak to a lawyer. It is a good idea to seek legal advice before you speak with police.

You have the right to remain silent during police investigations. So, before you speak to a lawyer, do not participate in any interview, make any comment, or answer any questions. Gain legal advice first, and follow it when you do speak with police.

To learn more about police investigations and your rights in Queensland, get in touch. Brooke Winter Solicitors offers a free initial consultation over the phone.
We can assist you to understand your rights and your options. Contact us to arrange a chat with one of our criminal lawyers.

Have you been caught driving without a licence in QLD?

Unlicensed driving in QLD can result in considerable penalties. There are different penalties depending on the offence. You might lose your licence for a month or longer.

Did you know that there are mandatory minimum disqualifications if you are caught driving without a licence? They are as follows:

Unlicensed Driving QLD:

• SPER Suspension – 1 month
• Demerit Point Suspension – 6 months
• Disqualified Driving – 2 years

If you’ve received unlicensed driving charges in QLD, call us on either (07) 5554 6622 or 0413 723 107. We’ll have a free initial phone consultation, taking you through the details of your situation. Then, if you choose, one of our traffic law experts can represent you in Court.

We’re able to represent you in any Queensland Court.

An alcohol interlock device tests your breath before you can start your car. You may need to have an alcohol interlock device fitted to your car in a range of situations.

Did you know that if you have been convicted of a drink driving offence over 0.150% OR driving under the influence of liquour OR Failing to supply specimen OR Dangerous driving whilst affected by alcohol OR if it is your second drink driving offence within 5 years, then you will have to have an alcohol interlock device fitted to your vehicle for 12 months AFTER your disqualification finishes. The cost of the interlock device is around $2,000.00.

If you want to learn more, contact us for a free initial consultation. We can chat with you about your circumstances.

Have you been charged with a driving offence in Queensland?

Then, it’s a really good idea to do the Gold Coast Traffic Offenders Program. The program runs in a location near the Nerang Train Station. The course goes for about an hour and a half each Tuesday night. To complete the full traffic offenders program, you can attend for five weeks.

The cost of the program is $150.00 for five weeks. You receive a certificate when you’ve completed the full course.

The team at Brooke Winter Solicitors highly recommends this program.

Contact us for more details, or to register for the course.

Do you need a restricted driving licence for work?

Did you know that to be eligible for a restricted work licence (for a drink driving offence), the following conditions MUST apply:

1. The reading must be below 0.150%;
2. You must not have been driving for work purposes at the time of the incident;
3. You must be the current holder of a Queensland Drivers Licence;
4. You must not have had any disqualifications or suspensions on your licence in the last 5 years.

The court must be then satisfied that you are a fit and proper person to be the holder of a licence AND that if you were to lose your licence then you would be placed in a position of extreme financial hardship.

If you need to apply for a restricted work licence or another kind of restricted driving licence, it’s a good idea to seek legal advice. To learn more about your options, contact us for a free initial consultation.

Drink Driving Penalties QLD

Have you been charged with drink driving in QLD?

Did you know that there is mandatory sentencing in Queensland for drink driving offences?

This means that the Courts MUST disqualify your drivers licence if you are convicted of any drink driving offence, no matter what the reading. If the reading is over 0.100% then the police will suspend your licence immediately.

If the reading is over 0.150% then you are prohibited from making a work licence application.

The court has no discretion not to disqualify the licence of a person that is convicted of a drink driving offence in Queensland.

If you have been charged with a drink driving offence in Queensland, it’s a good idea to seek legal advice.

Get in touch with us for a free initial consultation. We can assist you to understand your circumstances and your options.