Family Law, Property Law, Business Law, Commercial Law and Debt Collection FAQs

Family Law FAQ
What is child custody?

Child custody is a term that refers to the bundle of rights and responsibilities that a parent carries with respect to his/her child. Child custody includes numerous concepts, some of which overlap and some that are distinct. The term child custody can be further broken down into terms that shed additional light and provide a greater understanding of the respective parents rights and obligations with respect to their common child.

What are some common arrangements for child visitation?

Child visitation can take a variety of forms or schedules. Some common arrangements include some of the following provisions:

(1) Alternate weekend visitation with the non-custodial parent, including "three-day holidays"

(2) Mid-week visitation with the non-custodial parent

(3) Sharing of the child during periods of school recess -winter, spring and summer

(4) Mother's Day with Mother, Father's Day with Father

(5) Open telephone contact by the parent who does not have actual physical custody of the child

(6) Exchange of a few days of visitation here and there as mutually agreed without the need for a change or modification of the court order

What are the grounds for divorce?

The only ground for divorce in Australia is irretrievable breakdown of marriage. This is shown by separation for a period of 12 months with no prospect of reconciliation.

The 12 month separation period must be continuous OR a total period of 12 months apart, broken only by one period of reconciliation of less than three months. When the court grants a divorce it must be satisfied that proper arrangements have been made for the welfare of the children. If there are children, one of the parents must attend court for the divorce.

What is a family violence order?

A family violence order is an order made under a law of a state or territory to protect someone from domestic or family violence. Family violence orders have different names in different states: apprehended domestic violence orders (NSW), intervention orders (Victoria), protection orders (Queensland and ACT), restraining orders (South Australia, Western Australia and Northern Territory) and restraint orders (Tasmania).

Family violence orders typically prohibit one party from coming within a set distance of another party, or prohibit one party from stalking or harassing the other party. Sometimes family violence orders can contain limited exceptions, such as allowing contact between parents for the purpose of delivering or collecting a child.

Children can sometimes be included on family violence orders made for a parent. More commonly, child protection orders are made by a state Children’s Court where there are grounds for believing that a child is in need of protection.

Property Law FAQ’s
Who do Aitken Lawyers act for with respect to property law issues?

We act for a broad spectrum of clients from mums and dads to small/medium enterprises to large developers and government departments.

Our experience in working for this cross section of clients allows us to understand the needs of our clients and to have an understanding and anticipate what the other party to the transaction might be seeking whether it is explicitly stated or sought by a hidden agenda.

Do I really need a property lawyer?

The buying or selling of a property is complex as well as risky. The good news is that having an experienced lawyer act on your behalf in this process is virtually a guarantee that your sale or purchase will go ahead smoothly and with a minimum of fuss. While you may think that you cannot afford the services of a lawyer, consider whether you can afford not to.

During the purchase period your lawyer and your estate agent will become important people in your life. Whether investing for the future, or buying into the 'Australian dream', consulting a professional will enable you to feel assured that your investment is in good hands.

Debt Collection and Bankruptcy FAQ’s
What is bankruptcy?

Bankruptcy is a legal way to seek relief from creditors. A debtor often files for bankruptcy protection when he or she owes creditors more than he or she has the ability to pay. Very broadly, under Australian bankruptcy law, debtors' assets are used to pay off the debts or payment plans are set up.

What are the major business organization forms, and how do I choose one that is right for my business?

The four major business organization forms are:

(1) the partnership,

(2) the proprietary limited company,

(3) the corporation, and

(4) the sole trader.

Each has advantages and disadvantages, but when choosing the correct form for your business the core focus should be on personal liability and tax implications.

What can a creditor do to collect a debt?

A creditor may commence a lawsuit and obtain a judgment against the debtor. In addition, a creditor may repossess any collateral used as security for the debt and/or garnish the debtor's wages.

It’s easy. Just call Aitken Lawyers today on (02) 8987 0000 or click here to fill out our short online form.