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Is this my child?

Is this my child?


 

One of the arguments by a parent in the refusal to pay child support is that they are not the parent that is responsible for those payments under the Family Law Act 1975. Who would think that a parent would deny a child’s right. Well, it does happen! However, there are occasions where a parent has wrongly been required to pay child support, these situations are limited but do occur. 

 

The Family Law Act contains five statutory presumptions of parentage and they do not cover every circumstance. Though each of these presumptions may be rebutted by proof on the balance of probabilities. 

 

Presumption 1. 

 

Where a woman gives birth to a child within 44 weeks of a marriage being annulled or ter

Is this my child?
John Melis Aug 23, 2017 02:41 PM

Contract of sale section 32 validity

Contract of sale section 32 validity


 

Where a section 32 statement fails to disclose an easement, covenant or other similar restriction affecting the land, a right of rescission may apply by the purchaser under the contract. 

 

Section 32C of the Sale of Land Act 1962 (Vic) says: 

 

A section 32 statement must contain the following matters in relation to the use of the land:

 

(a) a description of any easement, covenant or other similar restriction affecting the land (whether registered or unregistered) and particulars of any existing failure to comply with the terms of that easement, covenant or restriction;

 

(b) if the land is in a designated bushfire prone area within the meaning of regulations made unde

Contract of sale section 32 validity
John Melis Aug 20, 2017 06:47 PM

What happens if funds are not available ?

What happens if funds are not available ?


 

It is not uncommon now to find that property settlements or even refinancing of loans are falling over. There are three words in the finance industry, which every borrower should understand their meaning in relation to lending: preliminary, indicative, conditional. Each of these three words in finance terms means that the loan is not unconditionally approved.

The issue that comes with many proposed finance arrangements is where the borrower has been told that obtaining the loan will not be a problem, or it is a done deal, or the paperwork is all in order, or settlement will be ok! However, if the funds don’t come available for settlement, can you sue that adviser for the representations that they have made?

 

Where there is no binding loan agreement, and th

What happens if funds are not available ?
John Melis Aug 05, 2017 03:30 PM

Identifying property on separation!

Identifying property on separation!


 

When couples separate one of the key aspects is financial separation, which involves the division of the assets between the parties. Technology plays an important part in this area with the searching and identifying of the assets that were accumulated during the partnership. It does happen often that one party to a relationship breakdown will deliberately attempt to make assets disappear. Naturally, this conduct is totally unacceptable, as well as being completely dishonest. However, no matter which way an asset is made to disappear, there will always be a digital trail to follow.

The first element with financial separation is to determine what is the property that should be part of the asset pool. The Family Law Act 1975 under section 4(1) has defined property as, “property to which those

Identifying property on separation!
John Melis Jul 30, 2017 12:45 PM

De Facto Property Rights

De Facto Property Rights


 

Property settlement for de facto couples is legislated by the Family Law Act Pt VIIIAB which is identical to married couples in Pt VIII of the Act. De facto couples have a right to maintenance which includes sections 90SD to 90SJ of the act, and property division, which is sections 90SK to 90SN, and the splitting of the superannuation under section 90SM of the Act.

 

There are jurisdictional hurdles that must be satisfied to raise a property separation claim for de facto couples. There are also requirements that the relationship was for a period of two years. When these two factors are met, property or spousal maintenance orders may only be applied for after the couple have separated. 

 

De facto couples may complete a property division bet

De Facto Property Rights
John Melis Jul 16, 2017 04:23 PM

Disposing of assets behind your spouses back!

Disposing of assets behind your spouses back!



When relationships breakdown it is not uncommon for one spouse not to know what the assets are, or even worse, the other spouse attempts to sell the assets and abscond with the proceeds from the sale. With all relationships the number one priority is that if you are not aware of the assets, bank accounts or any other form of investments, you need to find out. The reality is things do change, and in present society, it is necessary to take a proactive stance to firstly, know what is going on financially, and secondly, protecting the future. 

 

It is not uncommon for one spouse to attempt to dispose of assets before or during a financial separation. The challenge for the other party is to beware of such action. However, once there is an indication that one spouse is attempting to sell as

Disposing of assets behind your spouses back!
John Melis Jul 08, 2017 03:58 PM

Bullying & Compensation

Bullying & Compensation



Bullying is a problem in the workplace and such conduct involves a range of behaviour, which may occur from management, other employers, or outside parties. The definition adopted by the Fair Work Act 2009 anti-bullying provision (s 789FD(1)) is that bullying is conduct which is unreasonable, repeated and creates a risk to health and safety and includes: 

(a) abusive, insulting, or offensive language or comments;

 

(b) unjustified criticism or complaints;

 

(c) deliberately excluding someone from workplace activities;

 

(d) withholding information that is vital for effective work performance;

 

(e) setting unreasonable timelines or constantly changing deadlines;

Bullying & Compensation
John Melis Jul 02, 2017 01:09 PM

Ineffective Contracts

Ineffective Contracts


 

Generally, all aspects of modern life involve some form of written contract. However, as time pressures increase in daily life, the necessary diligence that is required to prepare a contract diminishes, which may result in poorly drafted agreements whether paper based or online. 

 

Drafting contracts and ensuring that they meet the requirements of the transaction is where the skill of the lawyer is employed. With the access to agreement documents being so easily available on the internet, standard precedent documents may be downloaded, and then used without having the document tailored to its specific purpose correctly. 

 

Where a standard precedent agreement is used, this is where the user of such document should heed the … WAR

Ineffective Contracts
John Melis Jun 23, 2017 01:52 PM

The risk of iIllegal structures!

The risk of iIllegal structures!



Purchasing property does come with varying risks for the unwary buyer, thus ‘caveat emptor’ applies. However, the purchaser may reduce their risk by completing diligent inspections of the property and having the contract of sale reviewed by a solicitor prior to signing. One of the risks which may not be shown directly in the contract but only visible on the property inspection is illegal structures or other works which may have occurred on the land.  

 

Section 32D of the Sale of Land Act 1962 requires the vendor to disclose matters that affect the property.  

 

The section 32 statement in the contract of sale needs to disclose information in accordance with section 32D (a) and (b) of the Act which says: 

 

The risk of iIllegal structures!
John Melis Jun 04, 2017 09:41 AM

Cyberstalking and harassment online

Cyberstalking and harassment online


 

The online environment changes the way people interact with business, relationships and social activities. The threats of the cyber environment are real and present, and two of these modern threats is cyberstalking and cyber-harassment. There are three primary methods of cyber stalking: (1) email stalking, which is direct communication by email; (2) internet stalking, which as example, is posts being applied to social media, creating fake websites that are in another persons name, the list is extensive for internet stalking; (3) computer stalking, which is unauthorised access or control of another person’s computer system, whether being a PC, laptop, or phone. 

 

An appropriate way to describe a stalking incident is through reviewing a recent case of R v Henderson [2

Cyberstalking and harassment online
John Melis May 26, 2017 01:32 PM

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