The Hague Convention on the Civil Aspects of International Child Abduction addresses international child abduction in cases where one parent unlawfully takes a child to another country despite both parents still having custody rights, or custody is yet to be determined. It provides a lawful procedure to ensure the prompt return of children to the country which they are a habitual resident of.

For the Hague Convention to be applicable, the country which the child has been abducted to must have ratified the Hague Convention. As of 2022, there are 103 countries who have ratified this Convention including Hong Kong, Mexico, Singapore, United Kingdom and United States of America.

The Convention has 2 key aims:

  1. Securing the prompt return of children who have been wrongfully removed or retained in any Contracting State
  2. Ensuring that the rights of custody and access under the law of one Contracting State are respected in the other Contracting State

The Situation in India

Although being a signatory to the Hague Convention since 2007, India has not ratified the Convention.

One of the primary reasons for this is because Indian authorities are concerned that the Hague Convention may not be suitable for India's socio-cultural and legal environment. This is because India has a unique legal system and in particular, their family law is largely governed by personal laws based on religion.

However, this can raise concerns because if a child is wrongfully removed or retained in India, the Hague Convention cannot be relied upon to ensure the prompt return of the child to their habitual residence.

Obtaining Legal Advice

Seeking legal advice can be extremely valuable to help you better understand the Hague Convention, specifically your rights and obligations under the treaty. The Hague Convention contains specific procedures for making and responding to applications, and legal representatives can help guide you through this process and ensure your applications are properly filed.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

Domestic violence victims can often feel unheard and not helped, both throughout and after their experiences, and often feel like they don’t know where to look to seek assistance. But help is out there, and there are several different programs and organisations that can provide both financial and non-financial assistance to help victims escape their circumstances and begin to rebuild their lives.

 

Victim Services NSW

The NSW Government branch Victims Services currently runs the Victims Support Scheme for all victims of crime, including domestic violence. This includes not only those who have been directly affected, but also those who are affected by witnessing the crime, such as family members. The type of support is primarily focused on financial assistance, providing money to cover any immediate needs as well as covering more long-term economic loss. This service is particularly useful for providing victims with a lump sum Recognition Payment, as well as ongoing financial assistance as and when needed, determined by the individual’s circumstances.

It is important that if you are experiencing domestic violence, you contact the NSW Police Force as soon as you can. Besides helping to stop the violence and ensure your safety, this is one of the requirements to be eligible for Victims Services.

 

Timeframes for Victim Services NSW

It is also crucial to keep in mind the timeframes for applying to Victims Services. For their counselling services, there are no time limits, and you can call at any time after the incident for a private and confidential chat. However, for financial support, you will generally need to contact Victims Services within two years of the incident occurring, or two years after turning 18 if it occurred when you were a child. The exception to this is the Recognition Payment, which you can obtain up to ten years after a domestic violence incident. If you apply after two years, however, besides this one-off payment, you will likely be very limited or unable to receive any other kind of financial support regardless of your need.

 

Other Assistance Programs

There are also a range of programs and organisations that provide other kinds of assistance to those who have experienced domestic violence. White Ribbon Australia works tirelessly to promote several different services, including:

 

Mental  Health Crisis Hotlines

Organisations such as Beyond Blue and Lifeline are more targeted towards assisting people with both diagnosed and undiagnosed mental health disorders. These organisations have 24-hour hotlines, and can help provide over-the-phone advice and assistance to those who are experiencing mental health problems, particularly those suffering from depression, anxiety or suicidal thoughts, and help you take that first step in reaching out and getting the help you may need.

 

Emergency Accommodation – Link2Home

Finally, for those who need emergency accommodation to leave a dangerous or violent environment, there is Link2Home, an NSW Government organisation that provides another 24-hour hotline that can help those in need find urgent accommodation. They specialize in helping victims of domestic violence find shelters or services they may need, as well as anyone experiencing homelessness for any reason.

 

Important Numbers

Some of the hotlines discussed in this article include:

 

Remember – in an emergency, always call 000 for urgent help.

 

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

After a divorce or separation, parties may come to an agreement regarding their property and/or parenting matter, and they can seek the advice and help of family lawyers to aid them in doing so. Subsequently, the parties can have this agreement formalised by way of Consent Orders, which are legally binding documents that have been approved by the court.

Consent Orders can cover a range of matters, including how matrimonial property is to be divided between the parties. Parties may also come to an agreement as to how parenting arrangements will operate, such as by allowing the children to live with the Mother and spend time with the Father every weekend.

Why Are Consent Orders Important?

Individuals must be wary of relying on handshake deals or informal agreements regarding their parenting and property matters because these are not enforceable in court. This means that Party A may unilaterally change the terms of the agreement or refuse to uphold the entire agreement. Unfortunately, Party B would have little means of recourse.

Therefore, Consent Orders are important in formalising the agreement which both parties have arrived at.

What Are Some Advantages of Consent Orders?

  1. Cost Effective - Consent Orders are significantly cheaper compared to litigation. Statistics show that the costs of obtaining Consent Orders are 60%-70% lower than that of litigation.
  2. Efficiency - Courts deal with a significant number of cases, resulting in substantial delays before a final verdict is delivered. Consent Orders allow the parties to prepare an agreed plan between themselves, which they can present to the court for approval.
  3. Flexibility - Consent Orders are flexible, allowing parties to negotiate the terms directly between each other and arrive at an agreement which specifically addresses their concerns or interests.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

A Power of Attorney is a legal document that allows an individual (the principal) to appoint another person (the attorney) to make decisions relating to financial matters, property and healthcare if the principal becomes incapable of doing so.

However, this power can be abused, resulting in the attorney acting in ways contrary to the principal’s best interest. Here are 3 key signs that may suggest an attorney is abusing their power:

  1. Unexplained Transactions: if there are a number of transactions which do not align with the principal’s normal spending habits, this may suggest that the attorney is mismanaging the principal’s funds and using it for their own benefit
  2. Unfulfilled Responsibilities: if the attorney neglects the needs of the principal, such as by failing to provide necessities like food or medication, it may suggest that the principal is being neglected and the attorney's attention is focused elsewhere
  3. Limited Communication: if the attorney limits their communication with the principal and their family members, it may suggest that they are concealing information and instead, are choosing to undertake their own course of action

So, how can Power of Attorney abuse be prevented?

  1. Choose a Trusted Individual: it is valuable to choose an individual with integrity and transparency so they have the principal’s best interests at heart and will not abuse the power granted to them
  2. Impose Appropriate Limits on Their Power: principals can choose to impose limits on the decisions which their attorney can make, such as only allowing them to make decisions relating to the principal's healthcare
  3. Seek Legal Advice: seeking professional legal advice can be crucial in ensuring that the Power of Attorney document reflects the principal’s best interests, and legal professionals can identify areas where issues may arise in the future and accordingly, provide solutions

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

Administrative decisions made by the Australian government can have a significant impact on people’s lives, such as the decision to approve or decline one’s visa application. However, individuals may believe that the decision was made incorrectly, or the proper decision-making process was not followed. As such, they may seek for the decision to be reviewed in hopes of achieving a more favourable outcome.

 

This is where the Administrative Review Tribunal (‘ART’) comes into play. Commencing operation on 14 October 2024, the ART abolished the Administrative Appeals Tribunal (‘AAT’), which was notorious for its insurmountable backlog of cases and politically biased members. Since then, the ART has introduced significant changes to the ways in review of administrative decisions have been conducted. Here are 2 key changes for migrants and refugees under the new ART which did not previously exist in statute:

 

  1. Appointment of Interpreters

Under s 68 of the Administrative Review Tribunal Act 2024 (Cth), the ART is empowered to appoint an interpreter for an applicant to aid them in communicating throughout the proceedings, and to help them understand the evidence and submissions which have been put forth. This provision is crucial for migrants and refugees who struggle with language barriers, which may hinder them from fully comprehending and participating in the ART’s proceedings.

 

  1. More Experienced and Qualified Members

Under s 208 of the Administrative Review Tribunal Act 2024 (Cth), senior members of the ART (the individuals who decide whether a person’s application should be approved or rejected) are required to have at least 7 years of experience as a legal practitioner. The Asylum Seekers Resource Centre remarked how for members working in the Migration division of the ART, legal experience is particularly important as it ensures that complex provisions of the Migration Act 1958 can be correctly interpreted and applied.

“Being on the same financial page with your partner isn’t just about avoiding fights over who forgot to pay the Netflix bill. It’s a window into a shared vision of your future: how you value experiences, how you prioritise your family, and how you define success.” Jeff Guenther, a therapist from Portland, Oregon, highlights an uncomfortable yet crucial topic which couples should discuss before marriage: money.

Before tying the knot, it’s important to discuss questions on the topic of money to avoid complications or disagreements further down the road, such as mismatched approaches to budgeting, or conflicting views towards spending. Some discussion points could include:

  1. “What are your financial goals?”

Individuals in a couple may often be saving for different goals, whether it be for a car, property or dream holiday. It's important to ensure that your goals as a couple are compatible to avoid complexities arising in the future.

  1. “How are your spending patterns and habits?”

Spending patterns can give rise to arguments if one partner is a frugal saver, and the other is an avid spender. Planning how to reconcile these differences, if they exist, is important in helping couples avoid disagreements and tension.

  1. “How should we manage our finances?”

How will the income earnt by each partner be managed? Will you choose to keep finances separate, combined, or have a mix of both? Clarifying these questions early on ensures that couples are on the same page and to avoid issues arising when the bills arrive.

  1. “What are your thoughts on prenups?”

One of the last things couples may want to talk about is divorce. But it's important to be aware of the financial implications which arise from divorce and hence, sharing thoughts on prenups helps each partner take steps towards protecting their accumulated assets if they wish to do so.

  1. “Let’s keep on talking about this.”

A one-off conversation about money is unlikely to yield valuable insights about how your partner thinks money should be managed. It's important to continuously bring up the topic of managing money as a couple especially when circumstances change, such as when one partner receives a substantial pay rise at work, or you are both thinking of raising children.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

When the end of the year approaches, Christmas parties and events are a staple in workplaces across Australia. These events are a great way to celebrate the year with work colleagues and unwind from work leading into the holiday season and the new year. Although these events are designed for celebration, injuries can occur to work staff due to an incident or accident. Whether you are covered under Workers Compensation and the employer’s insurance in these situations is something that has always been up for debate.

Is the Christmas Party still considered part of the ‘Workplace’?

The main question is whether the Christmas party/event is considered a work event and covered under Workers Compensation. It is likely that you will be covered under Workers Compensation for an injury that occurs at these ‘work’ events. This is because the event will be considered as part of an individual’s employment. If the event is funded, sponsored or promoted by the employer then it is considered a work event and part of the working environment. Accordingly, the employer has the responsibility to ensure the safety of employees and provide a safe environment. Thus, the employer would likely be liable for most injuries that occur.

Conduct at the Event

Although the Christmas party/event would be considered a work event and part of the working environment, not all injuries would necessarily be covered under Workers Compensation. As the event is considered an extension of the work environment, attendees must adhere to employment laws and consider their conduct. Injuries sustained due to behaviour resulting from severe intoxication would likely result in attendees not being covered under Workers Compensation. This can be seen in previous cases where ‘serious misconduct’ resulted in the employer not being liable for injuries that occurred.

Are you only covered at the event?

If you are injured whilst travelling to the work event, you would likely be covered by Workers Compensation. The employment insurance scheme and Workers Compensation cover journeys to and from work. Travelling to work Christmas parties can fall under this as well. In a previous case where an employee was injured on the way to a work Christmas party, it was argued that the employee was on the way to her place of employment and that there was a real and substantial connection between her employment and injury. The ruling was in favour of the employee in this case.

If an injury occurs whilst leaving the work event, there is a possibility of being covered by Workers Compensation, however this would depend on several circumstances which may be assessed such as where the employee was travelling to after the event and their conduct.

Regarding parties and celebrations held after the event, it is likely that the employer would not be liable for injuries that occur at these ‘after’ parties. In a previous case it was ruled that the after party was not an official work function and the employer would not be liable for the injuries that occurred.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

The end of year holiday shutdown period can be a great time for people and businesses to wind down and re-energize before the new year. There are various things that should be considered to ensure that you can have a stress-free shutdown period and have things taken care of. Both individuals and businesses should bear in mind several things as part of their checklists to help manage the holiday shutdown period.

These are just some of the important things that need to be considered before the end of year holiday shutdown period. These considerations will assist you in having a smooth shutdown period and will help when reopening in the new year.

If you would like to issue a Letter of Demand or pursue Debt Recovery options in relation to any outstanding debts owed to you, please do not hesitate to contact us on 02 8999 9809.

Considering Superannuation

In family law disputes, superannuation would be considered a property and an asset that can be divided between both parties. The Family Law Act 1975 allows the Family Court to consider superannuation when a relationship breakdown occurs. Usually, superannuation can be split through the parties reaching an Agreement or if an agreement cannot be made, then a Court Order can be sought for the superannuation split. The information of the other parties superannuation can be obtained using the Superannuation Information Request Form.

Within the Agreement or Orders, the parties can choose to either split the super balances or place a super payment flag. A superannuation split will involve transferring the agreed or said amount from one party to the other. The transfer can be either a fixed dollar amount or a percentage of the super balance. Usually, the funds will stay in the super environment until either party meets a condition of release which allows them to access their superannuation funds as cash.

A super payment flag can be placed on the account of either party. This would mean that transactions will not be possible on the accounts until the flag is lifted. This allows the parties to defer their decision to a further point in time such as retirement or prevent either party from transferring funds out of the account till the matter is settled especially if they meet a condition of release.

 

Procedural Fairness and Process

Prior to a court order for a superannuation split, ‘procedural fairness’ must take place. This process involves a letter being provided to the Trustee of the Superannuation Fund which includes details of the proposed Order. The trustee then must be given time to assess the proposed Orders, and this is a legal requirement in the process of the superannuation split. The court cannot make an order for a superannuation split without procedural fairness taking place.

In the letter sent to the trustee for procedural fairness sent by your solicitor, there are a few important details that must be included for the trustee to be in a position to accept the proposed orders. The parties to the family law proceeding should both be outlined clearly on the letter as well as the member number of the account which is being considered for the split. The name of the super fund in question and account details such as the USI and the ABN of the super fund should also be outlined. The base amount or percentage being sought should be included and the trustee would be able to provide a response to the letter. The letter and response from the trustee along with evidence of the value of the account will be sufficient to show that procedural fairness has taken place.

Once the order has been provided, a sealed copy of the Order needs to be provided to the super fund trustee. The transfer will then be made via the super fund by either rolling the funds out from the account or creating a new account within that super fund in the name of the recipient of the funds. If the Court Order includes a super payment flag, it will be placed onto the account that is being restricted.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

 

 

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