family lawyers brisbane cbd

     The tenet of this case is very handy and useful to both courts and legal practitioners. Basically, when there is an unexplained failure by either a plaintiff or defendant in civil proceedings to tender a document as evidence or call a witness, the court may draw an inference that the uncalled evidence would not have assisted the party. The case concerned a  civil negligence action . The High Court held that the jury should have been told that any reference favorable to the plaintiff from the evidence might be more confidently drawn when a person presumably able to put the true complexion on the facts relied on as the ground for the inference has not been called as a witness by the defendant, and the evidence provides no sufficient explanation for his absence. Against the above background and since this case was decided, the courts have held that the mere absence of a witness does not necessarily support an inference that the witness would not have helped the imp...

   The COVID-19 pandemic has changed everything and affected every immigration process and the way things we used to be. Anyone who is thinking of traveling to Australia for whatever purposes,  must read and absorb the following : Is traveling to Australia “business as usual”? Unfortunately not. As of 20 March 2020 you can only travel to Australia if you are either; (a) An Australian citizen; (b) An Australian permanent resident; (c) A New Zealand citizen usually residing in Australia; and (d) An immediate family member of an Australian citizen or permanent resident or a New Zealand citizen usually resident in Australia   Who can be considered immediate family members of Australian citizens and permanent residents? For this category, an immediate family member only refers to: Spouses, dependent children, and legal guardians. Am I required to go through a quarantine process when arrived in Australia? The Australian Government has directed that from 28 March 2020, all ...

   ONCE UPON A TIME IN AUSTRALIA There was a country, and then there were people. I saw it on the map, I went there, and I stayed. These phrases are probably used and owned by the majority of migrants who made Australia their home. But, what is it that attracts most people to Australia as we speak? Well, it is the question of fact that every one of us needs to have a decent life, have freedom of expression, love our neighbor and be loved by them, be safe, be prosperous, and the list continues. Given the possible political, economic and social unrest in the World today,  Australia is ahead by far and has a better economy, higher job prospects and more free trade processes than most developed countries . So, the question is not  if   but  when   do you intend to migrate to Australia?  This question is gripping most migrant communities who have some knowledge about Australia. First, we need to address the lack of adequate information out there as far...

   Are You Considering  Buying or Selling  an Aged Care Facility? Needing to find the best Aged Care Lawyers? Are You Needing To Formulate An Agreement And Don’t Have An Experienced Aged Care Lawyer Onside? If so, getting the right legal advice before you even submit or accept an offer is critical. It is important from the beginning to ensure that: The transaction is structured correctly to manage liability to Transaction Duty; There is a method for setting the price providing for movements in Accommodation Bonds and Employee Entitlements; Thorough due diligence requirements are provided for; All necessary regulatory approvals and other requirements are addressed. There are various added fees for residential aged care facilities, and they are often arranged according to your financial situation. This is important to discuss as you commence your journey to look into various facility options. These fees help to cover the costs of daily living and extra care, as well as...

   Role of the Mediator The Mediator’s aim is to facilitate open communication between you and your ex-partner so that you can: Identify issues of the dispute; Generate options to address these issues; and Agree upon ways to resolve the issues (i.e. ‘settlement’). The Mediator’s role is essentially a neutral one.  The Mediator will: Not take sides; Work with both you and your ex-partner to help you negotiate your own decisions together; and Not represent either of you in Court either before or after the Mediation; Not provide legal advice. Characteristics of Mediation All decisions in mediation will be made by you and your ex-partner, not the Court or anyone else. The mediation will help you to identify important issues that relate to your assets and finances and/or care arrangements for your children. Mediation is readily accessible, making it fast and efficient. Mediation is a popular form of alternative dispute resolution uently used to assist in this process. FAMILY D...

  Domestic violence of any shape or form is not tolerated in our community. What are domestic violence and family violence? Domestic and family violence involves one person in a relationship using violence or abuse to maintain power and control over the other party in the relationship. It is normally an ongoing pattern of behavior aimed at controlling the other person through fear. Avoid the legal consequences and seek representation to avoid complications. The Department of Communities, Child Safety, and Disability Services have listed many forms of domestic violence and this can include: physical abuse (including slapping, hitting, punching, pushing, kicking) threatening to hurt you, your children, pets, relatives, friends, or work colleagues threatening to disclose your sexual orientation to other people against your wishes threatening to, or depriving you of your liberty (including locking you in the house so you cannot go out) stalking (including constantly following you by fo...

    Aylward Game Solicitors Brisbane is a modern and dynamic firm of Brisbane Solicitors and Brisbane Family Lawyers who are strongly committed to traditional professional values of the legal practice in Australia. The legal force Aylward Game Solicitors Brisbane, and their collective lawyers will harness nearly 80 cumulative years of experience in the fields of  Commercial & Business Law ,  Brisbane Family Law ,  Wills & Estate Planning Law ,  Complex Contract ,  Commercial Litigation ,  Employment Law  and  Property Law & Conveyancing ; with particularly strong expertise in  Children’s Matters ,  De facto ,  Divorce ,  Mediation  and  Dispute Resolution  as well as  Vendor Finance  and a wide suite of  Business ,  Banking and Finance Law Services . BRISBANE LAWYERS Aylward Game Solicitors comprise a powerhouse team of  Brisbane Lawyers   and supporting st...

    Good on you Bettina Arndt Setting out the true facts in regard to DOMESTIC VIOLENCE Bettina wrote in Weekend Australia dated 09/10 July 2016, “for years now all the key players in our well-orchestrated domestic violence sector have been singing from the same page, happily accepting government funds to promote the idea that domestic violence is all about dangerous men terrorising their partners”. Where have all the hundreds of millions of dollars gone that Turnbull has boasted about going towards government funded domestic violence organisations? Where have the monies gone? Bettina goes on to say, “what started out as a sensible campaign to raise money for an important cause – providing support for battered women – has morphed into a huge propaganda industry determined to promote a simplistic male – blaming perspective on this complex social issue”. Bettina refers to the powerful female bureaucrats running these thriving organisations which downplay statistics dem...

    During 2014 the then-Premier, Campbell Newman commissioned former Governor-General Dame Quentin Bryce to draft a report on the prevalence of domestic violence in Queensland.  The resulting  Not Now, Not Ever: Putting an End to Domestic and Family Violence in Queensland report  was delivered to now Premier Annastacia Palaszczuk, at Parliament House in Brisbane recently. The state government has announced that a dedicated domestic violence Court will be established at Southport on the Gold Coast in an attempt to provide access to justice for victims of domestic violence. With a 20% rise in domestic violence incidents reported to police last year over the previous year I think everyone agrees that the more avenues for victims of domestic violence gain access to justice and protection the better! The importance of stamping out domestic violence in our society is of the highest priority.  Such initiatives as the long-running White Ribbon campaign highlight t...