The very recent High Court case of Clayton v Bant [2020] HCA 44 has confirmed that Australian Courts have the powerto hear a claim in certain circumstances where there has been a foreign divorce.
This big development has changed the landscape of family law in Australia.
Why you ask?
Well, the law has this tricky rule which stops a court from hearing a matter which has already been dealt with by a court (not including appeals).
The decision in Clayton v Bant is an exception to this tricky rule.
What happened in the case?
A husband and wife had formally divorced in Dubai, but that divorce did not separate the properties they owned in Australia.
Here, the wife was Australian and the husband was from Dubai. During their relationship, they lived partly in Dubai,and partly in Australia. They had one child together. Thecouple owned properties in Dubai, Australia and several other countries too.
In 2013, the husband and wife separated and the wife and child remained living in Australia.
The parties were formally divorced under the law of the United Arab Emirates (UAE) in Dubai, as initiated by the husband. The divorce proceedings there however did not address the division of property issue.
The wife commenced legal proceedings in Australia seeking to divide the properties that the husband and wife owned in Australia.
The Court confirmed that they as an Australian Court had the ability to hear the matter, even though the matter had technically been already heard in Dubai (aka the ‘tricky rule’), because the Dubai Court didn’t have the power to make decisions in relation to the relevant Australian Law requiredto divide the Australian property.
DO YOU NEED HELP?
Coastal Lawyers are central coast family lawyers. We offer representation in all areas of family law including divorce, separation, parenting property and maintenance.
DISCLAIMER (BECAUSE WOULD WE EVEN BE LAWYERS WITHOUT ONE):
The information contained in this legal resource is information only. It is not a substitute for your own research and/or legal advice. If you need legal advice, then you can book an obligation free appointment with Coastal Lawyers online.
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I was listening to a podcast last night about ‘strategic imbalance’ and let me tell you. I am all about it!
There is so much focus in our modern world (particularly on mums) to have “balance”. I mean of course we have to balance work, home, kids, social life, exercise, eating right and doing all of the things and make sure that every area of life is in perfect flow at all times!
But that’s bull!
It’s not achievable!
It sets unrealistic expectations!
It then leads to stress and anxiety and resentment.
Strategic imbalance is about embracing the chaos of life.
It is about mindfully selecting or simply surrendering to the fact that certain days or even weeks might be more focused on certain areas of life and that’s okay.
It also embraces the concept that sometimes work or business or a sick child will take the focus of your attention that day but that it will always swing back around.
For example, if you know you have a big week at work, then you plan to make your home life easier with quick easy meals (weet-bix for dinner anyone?) or some extra helping hands for that drop off and pick up.
Or if you want to take a long weekend away with the family, then you might work later in the nights that week so you can take that time and be fully present and “in the moment”.
It’s something we probably unconsciously do anyway, or something that we perhaps approach with resistance. “Why do I have to work late when I should be watching Below Deck?”
“What is my boss or client going to say with me having another day off because of a snotty babe 🤒 ?”.
Coastal Lawyers are central coast family lawyers. We offer representation in all areas of family law including divorce, parenting property and maintenance.
Written by Kristal
Principal Lawyer & Founder of Coastal Lawyers
Kristal was admitted as a lawyer in 2011. A former prosecutor, she has a Diploma in Law. A Graduate Certificate in Criminal Practice and is currently completing her Masters in Family Law (2022).
Kristal is a member of the Legal Aid Panels for criminal law and family law and domestic violence.
Fun Fact: Kristal loves all things mindfulness, meditation and "wu wu".
DISLAIMER (BECAUSE WOULD WE EVEN BE LAWYERS WITHOUT ONE):
The information contained in this legal resource is information only. It is not a substitute for your own research and/or legal advice. If you need legal advice, then you can book an obligation free appointment with Coastal Lawyers online.
9 years ago today I was admitted as a lawyer in the Supreme Court but statistically the odds were against me.
My mum had me at 19. Young love didn’t last and my parents separated shortly after.
My well meaning parents and step parents did the best they could amid a complex concoction of family violence, alcoholism and mental illness.
They say it takes a village to raise a child. And my village was housing commission. I was quickly exposed to people from all weird and wonderful walks of life. Neighbours with “ankle bracelets”. Single mums doing their best and an army of fellow “houso” kids. We rallied together making the best of what we had, forming incredible bonds and memories in the process.
No-one in my family finished high school. University was something “other” people did. I was more likely to see a lawyer for help than be a lawyer.
But I did finish high school. I got a job. I worked full time and studied part time. I chipped away at each subject and the rest is history…
I tell this story in the hope there is just one child, teenager, woman or man out there who has a big goal (or a small goal) or who thinks that the odds are stacked against them and who needs that encouragement. You have got this!
It won’t be easy. It won’t be without tears, failures and self doubt. But take that first step. Fall down, rest and pause when you need too but don’t give up. Because one day you will look back at what you have achieved and be proud you kept going.
If you have pleaded guilty to a criminal or traffic offence or if you have been found guilty of an offence then a Magistrate (if you are in the Local Court) or a Judge (if you are in the District Court) will need to sentence you.
A number of sentence options are available to a court when dealing with a person before them (known as the offender at the time of sentencing).
The most common penalty imposed by NSW courts is a fine.
In this blog post, we discuss court-imposed fines. Fines can also be imposed by local councils and other government organisations as well.
THE LEGISLATION (LAW):
The two main pieces of legislation (the law) that you need to be aware of when it comes to fines are the:
Crimes (Sentencing) Procedure Act 1999; and
Fines Act 1996
HOW MUCH WILL MY FINE BE?
Each offence has a penalty unit attached to it. A penalty unit is equal to $110. For example, if you see an offence is 5 penalty units (pu), the maximum fine a court can sentence you too is $550.
A Coastal Tip: You can find out the penalty for most criminal offences on the Law Part Codes website.
WHAT IF I CAN’T PAY A FINE?
The court is required to take into account your ability to pay a fine when setting the amount (section 6 of the Fines Act). If you can’t pay a fine, the court may impose an alternative penalty such as a community service order.
HOW LONG WILL I BE GIVEN TO PAY A FINE?
The Court will order that you pay the fine within 28 days (section 5 of the Fines Act).
If you don’t pay your fine within 28 days, you will be charged an additional $65 fee by Revenue NSW.
A Coastal Tip: If you can’t pay the full amount of your fine within 28 days, it is important to seek an extension or ask to pay by instalments to avoid any additional charges. You can find the ‘Application for Time to Pay Court Fines’ in the local Court here.
HOW DO I PAY MY FINE?
You will usually be sent a penalty notice in the mail which you can pay online (or via credit card or EFTPOS at the court).
WHAT WILL HAPPEN IF I DON’T PAY MY FINE?
Many people don’t fully appreciate the range of consequences which flow from failing to pay a fine. Some of the consequences include:
The fine can increase with additional charges for late payment
Your licence can be suspended
A sheriff can be sent to your house to take property in payment of the fine
Your bank account can be garnished (money is taken out to pay for the fine)
You may be ordered to undertake community service.
WORK AND DEVELOPMENT ORDERS
If you cannot pay your fine, you may be eligible to make an application for a Work and Development Order (WDO) through Revenue NSW. To be eligible for a Work and Development Order, you must meet one of the criteria:
Have a mental illness;
Be homeless
Have an intellectual or cognitive disability
Have a series addiction or
Be facing serious financial hardship.
If you are eligible for a Work and Development order, you will generally be entitled to undertake courses, counselling and/or community service to pay off your fine.
IS A FINE A CONVICTION?
Yes. If you go before the Court and receive a fine this is a criminal conviction. Criminal convictions can have an effect on your future and therefore it is crucial to obtain legal advice from an experienced criminal lawyer prior to going to Court.
DO YOU NEED A CRIMINAL LAWYER ON THE CENTRAL COAST?
If you are going to court (even if you think you will ‘only get a fine’) you need a Central Coast Criminal Lawyer to help you.
Coastal Lawyers will provide you with simple language legal advice and set out your options prior to going to Court so you an informed.
Coastal Lawyers are central coast family lawyers. We offer representation in all areas of family law including divorce, parenting property and maintenance.
Written by Kristal
Principal Lawyer & Founder of Coastal Lawyers
Kristal was admitted as a lawyer in 2011. A former prosecutor, she has a Diploma in Law. A Graduate Certificate in Criminal Practice and is currently completing her Masters in Family Law (2022).
Kristal is a member of the Legal Aid Panels for criminal law and family law and domestic violence.
Fun Fact: Kristal loves all things mindfulness, meditation and "wu wu".
DISLAIMER (BECAUSE WOULD WE EVEN BE LAWYERS WITHOUT ONE):
The information contained in this legal resource is information only. It is not a substitute for your own research and/or legal advice. If you need legal advice, then you can book an obligation free appointment with Coastal Lawyers online.
