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The Difference Between Family Violence and Domestic Abuse—What to Know

The Difference Between Family Violence and Domestic Abuse — What to Know

Category : Uncategorized

Did you know 265 people were killed by a family member or domestic partner in Queensland from July 2006 to April 2018? That’s according to the Queensland Court’s domestic and family homicide overview.

Apart from this, many Australians have been physically and emotionally abused without them reporting such cases. Hence, domestic violence has been deemed a legal priority in Australia’s area of criminal law due to its many negative repercussions.

In this article, we’ll explore what domestic violence is and learn the difference between domestic abuse and family violence. See if you need to hire a family lawyer for your specific case.

Various forms of domestic violence

Domestic violence may be considered any form of abuse experienced in a domestic setting, such as in marriage or cohabitation. However, it’s essential to understand that there are various forms of domestic violence. In a legal perspective, it can be defined by the following:

  • Physical violence – This causes minor or long-term injury.
  • Sexual abuse – This covers engaging in non-consensual sexual actions.
  • Verbal threats – This includes ongoing aggravating language.
  • Emotional or psychological blackmail – This is a form of manipulation.
  • Financial constraints – Monetary restrictions are imposed on an individual.

Family violence vs. domestic abuse

The terms “family violence” and “domestic abuse” are often used interchangeably. It’s essential to define the difference between the two to understand this area of law.

A family violence offence is committed by a family member against another family member. On the other hand, domestic abuse is when an individual commits an abuse to an intimate partner. The difference lies in the relationship between the offender and the victim—not the crime’s nature.

It’s worth knowing that all abuse cases at home, whether committed by a family member or domestic partner, are covered under the Domestic and Family Violence Protection Act 2012.

Domestic and Family Violence Protection Act 2012

The Domestic and Family Violence Protection Act 2012 was introduced back in 2012 as a response to a growing concern that abuse cases weren’t allowing victims to seek and secure criminal justice. This act covers cases of domestic abuse concerning:

  • Victims: They are known as the ‘aggrieved’ who have the right to protection.
  • Offenders: They are known as ‘respondents’ who have the right to pursue legal options as a response to domestic violence cases.
  • Other individuals: They may be dependents, such as children, other family members, and intimate partners involved in an abuse case.

The domestic abuse protection order

The domestic abuse protection order offers a victim some form of relief from family violence. This form of restraining order prevents the abuser from coming in contact with the aggrieved. This order is a legal instruction made through Queensland Family Court.

On the other side of the spectrum, if you receive an order where an individual seeks protection against you, you have three options to take:

  • Consent to the order
  • Reject the order
  • Adjourn your decision

Conclusion

Family violence and domestic abuse are taken seriously by the courts of Queensland. Should you get into such cases, you have the right to seek legal actions against the abuser. Ultimately, getting a family lawyer can make all the difference. We’re a Springfield law centre with a team of legal experts, specialising in family law, property and business conveyancing, and income protection and succession planning. If you need a family lawyer to handle family violence or domestic abuse cases, get in touch with us today!


Contesting Wills - The Basics You Need to Know

Contesting Wills – The Basics You Need to Know

Category : Wills and POAs

The death of a family member and a loved one is already a difficult reality to face, but finding out that the Will they left is highly questionable makes the situation even more complex. If you feel like there is something wrong with the Will the deceased left, you need to contest it as soon as possible. There is nothing bad about challenging a Will if you believe you have strong reasons.

To help you understand the process better, here is a little guide for you:

People Allowed to Contest a Will

In most cases, it is either the partner or the children of the deceased that contest a will. However, certain conditions are also considered. That means even if you are not a child or a partner of the deceased, you can still apply to contest the Will. You only need a family lawyer’s advice to know how you can make your challenge eligible to the court.

Conditions You Can Contest a Will

There are many reasons people feel the need to challenge the deceased’s Will. They are either unhappy with what they received, not included in the Will, or think the Will is suspiciously made. 

If you need confidence in knowing that you can contest a Will, here are the conditions that will guarantee your ability to challenge it:

  • The Will is unclear and confusing.
  • The Will excludes or leaves you out without a proper provision.
  • A mentally unstable person wrote the Will.
  • You believe the Will presented was not the latest and updated Will.
  • The Will seemed to be changed by someone else.
  • You believe the Will was written with the influence of another person.

What You Need to Know About Contesting a Will in Australia

Before going to the court to contest a Will, you need to know that the law for challenging Wills is different for every state of Australia. Ask for legal advice early on to understand all the applicable state laws to your case or if you indeed have a case to fight for.

The Application

Here is how to proceed with your contesting application:

  • Make sure you are filing in the court of the state where the deceased resided and had assets.
  • Check the specified timeframe according to your state law. They will vary from three months to a year after the person’s death.
  • You can submit your application for a contest if it is within the allowed timeframe.

The Importance of Probate

Probate refers to the judicial process where the court validates the Will of the deceased and claims that it is the true last statement of the deceased. It plays a special role in whether you can challenge the Will or wait for the right time.

In cases where you want to contest the Will because you are not happy with what you received, you need the court to validate or grant the probate first before you are allowed to challenge it.

If you believe that someone else influenced the deceased in creating their Will, then you need to contest it before probate or validation is granted.

The condition differs for each scenario and type of appeal, and you need to consult your lawyer to know what you need to do and when.

The Provision Claim

The provision claim is similar to contesting a Will. It is demanding for financial provision from the estate if you are left out of the Will. In case you are left with a financial provision, but you feel like it is not enough, you can also claim for further financial support.

Here is the information you should provide when seeking for further provision:

  • Your age and your general behaviour towards the deceased
  • The nature of you and the deceased’s relationship
  • How long you knew each other
  • The responsibility the deceased have towards you
  • How much you earn and your financial needs
  • Any contributions you have made towards the deceased’s welfare and estate

Conclusion

Contesting a will can be nerve-wracking and confusing, but if you know that you have the right to do so, you should keep going. Talk to a trusted family lawyer to help you deal with all these overwhelming legal matters. They can even help you navigate the case properly to get the result you desire. If you need wills and estate lawyers in Ipswich to help you contest a will, we are here to help. At Springfield Legals, we are dedicated to providing tailored solutions to meet your unique needs and challenges!


How much does a conveyancer cost in Queensland

How much does a conveyancer cost in Queensland?

Category : Conveyance

When buying or selling a home in Queensland, there is a range of paperwork and processes that need to be looked after to ensure all documentation and processes are completed correctly. A conveyancer will assist in making sure everything is completed with access to a wealth of knowledge. We know what you’re thinking, that’s going to cost me an arm and a leg. I don’t know if I can afford to bring someone in right now.

We understand that bringing in a conveyancer and being hit with a montage of costs at the end is a major concern for your first home or investment property. Worry not, in this article we will break down the cost of hiring a conveyancer to assist you in either buying or selling your home in Springfield, Ipswich or Brisbane.

Selling

It doesn’t matter what stage of the sale you are at; it will cost you no different to bring in a conveyancer. Whether you have just put your house on the Queensland market or if you are half way through the process, the fee remains the same. The cost for a standard sale conveyance is a flat fee of $630.00 incl GST and outlays. This includes $603.80 in professional fees and $26.20 for a title search. An additional fee of $15.00 may be incorporated if you need proceeds to be deposited in a nominated account after settlement.

Purchasing

When purchasing any house, whether it’s your first, fifth or new investment property in Queensland, the purchasing process is constantly changing. Entering into one of the biggest financial decisions of your life without knowing the latest rules and regulations can cause major complications and consequences in the long run. By enlisting a conveyancer to know your legal rights when entering such an intricate contract, you’re ensuring that all aspects are properly taken care of.

Standard procedures for any house purchase that Springfield legal can assist with include:

  • Title search and check search
  • Registered plan
  • Land tax
  • Main roads search
  • Ipswich City Council rates only
  • Queensland Urban utilities

Other documentation may be required that a conveyancer will be able to assist with. That said, the standard professional fee for a conveyancer to help with purchasing is a flatt fee of $1,301.84 incl GST. This includes an $880.00 professional fee and standard searches for $421.84. Depending on which council you purchase within and what types of searches are required, additional charges may apply.

Value for Money

A conveyancer comes with industry knowledge and experience to ensure that your contract whether buying or selling your home goes as smoothly as possible. The potential areas for error and mistakes when dealing with large contracts regarding high valued assets can mean the difference between a nice new home and a new home with lots of legal issues.

Still not convinced that enlisting a conveyancer is the best financial investment you could make when buying or selling a home? Here are a few aspects of conveyancing that a professional will ensure are properly taken care of:

  • Reviewing the contract of sale
  • Arrangement of inspections
  • Understanding of specific strata requirements (if home incorporates strata)
  • Finance arrangements if required
  • Arranging and negotiating the contract of sale
  • Payment of deposits
  • Stamp duty management
  • Mortgage agreement preparation and examination
  • Ensuring any arrears or land taxes are covered
  • Checking if any other documentation is required such as swimming pool compliance
  • Checking if any government bodies have any land development planned that will affect the property
  • Sourcing any outstanding debates regarding the property e.g. fencing disputes or illegal structural work
  • Calculating council and water rates
  • Overseeing the change of title
  • Any final checks before settlement
  • Attending the settlement

When it comes to purchasing a home, you want to ensure that you’re doing it the right way. By bringing in a conveyancer at a standard flat fee, trust your biggest purchase of one of your greatest assets to the professionals. Get an industry professional with experience and knowledge under your belt to make the best purchasing and contract decisions.

Looking for a conveyancer in Queensland? Speak with our team at Springfield Legal to begin the process of finalising your next home purchase or sale.


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