Month: May 2018

As the climbing season gets into the full swing on Mt Everest, people from all over the world flock to take on the world’s highest peak. From April to May Nepal becomes inundated with enthusiastic climbers wanting to take on eight of the world’s highest mountains. Every year the region claims casualties due to the dangerous and demanding nature of the climbs. This year the mountains have claimed 4 climbers in separate incidences, yet this hasn’t deterred around 400 climbers from successfully scaling Mt Everest this season.
Whether you aspire to climb mountains or take on any adventurous activity it’s important to have all your affairs in order. At Strategic Lawyers we can handle everything from a legal will to enduring power of attorney. So if you are looking to take on an adventure, make an appointment today and call our friendly staff on 4795 1114. At Strategic Lawyers we give strategic advice at a Fixed-Fee price.

As reported in major news outlets recently, a number of African athletes went missing from their accommodation during last month’s Commonwealth Games.

It has now been announced that eleven of these competitors have sought legal advice from a refugee advocacy group in Sydney.

The athletes reportedly wish to stay in Australia permanently and several have been granted bridging visas.

Immigration law is a complex area and individuals who overstay their visas can face serious consequences, including detention and deportation.

It is important to get legal advice tailored to your particular situation so that negative outcomes can be avoided.

Strategic Lawyers’ immigration team are experts in the field and can handle everything from advising on legal processes to lodging applications for you.

You’ll also get peace of mind knowing that at Strategic Lawyers we use a fixed-fee pricing system. This means you’ll know the costs up-front and you won’t get a nasty bill at the end.

Call us today on (07) 4795 1114 and have a chat with one of our expert immigration lawyers. We provide strategic advice at a fixed price.

One area we regularly deal with in Family Law is in regard to ‘consent orders’. Consent orders are a binding written agreement that cover things such as;
• Parenting Arrangements
• Financial Arrangements
• Property
• Maintenance
• Etc.
Consent orders are an agreement that is approved by the Family Law court and once granted, they have the same legal effect as if they had been made by a judicial officer after a court hearing. If both parties have reached an agreement about parenting and/or financial/property arrangements and want to formalise the agreement to make it binding, they can apply to the Family Court of Australia for consent orders. The court will take into consideration many factors when making a determination and when the orders concern children, the main factor they consider is ‘what is in the best interest of the child.’
The Family Law Act requires the courts to regard the best interests of a child as the most important consideration when making parenting orders. The court has to be satisfied that the agreement is just and equitable and/or in the best interests of the child before they can make a consent order. The Family Law Act also covers the various areas relating to consent orders, for example;
• If you are seeking orders concerning children you should read and consider sections 60B, 60CA, 60CC, 61DA and 65DAA of the Family Law Act.
• If you are seeking property orders in relation to a marriage, you should read and consider sections 75 and 79 and Part VIIIB of the Family Law Act. If you are seeking financial orders as a party to a de facto relationship which has broken down, you should read and consider sections 90SK, 90SL, 90SM and Part VIIIAB of the Family Law Act. If you are seeking an order or injunction binding a third party you should read and consider Part VIIIAA and if a party to a de facto relationship, you should also read and consider section 90TA of the Family Law Act.
• If you are seeking spouse maintenance orders, you should read and consider sections 72, 74 and 75 of the Family Law Act.
• If you are seeking de facto partner maintenance orders, you should read and consider sections 90SB, 90SD, 90SE and 90SF of the Family Law Act.
It is important that you understand the meaning and effect of the orders you are seeking. Even if you have decided to make your application without the help of a lawyer, you should obtain independent legal advice about the effect and consequences of the order you propose. These documents can be very in depth and complex depending on individual circumstances and once made have serious legal effect.
Relationship breakdowns can be a very hard and traumatic experience, if you are unsure about whether consent orders are appropriate for your situation please seek legal advice. Our Family Law team at Strategic Lawyers are more than happy to assist in any way, from legal advice to drafting and submitting the consent orders we are here to help.

Since November 2010, police officers have had the power to issue infringement notices for public nuisance, public urination, obstruction of a police officer (in relation to the public nuisance or public urination offence), and contravening requirements of a police officer (in relation to stating correct name and address regard the above). The public nuisance offence is created by section 6 of the Summary Offences Act 2005, which states:
A person commits a public nuisance offence if the person behaves in;

• a disorderly way; or
• an offensive way; or
• a threatening way; or
• a violent way; and

the person’s behaviour interferes, or is likely to interfere, with the peaceful passage through, or enjoyment of, a public place by a member of the public.

The object of this section is to ensure that members of the public may lawfully use and pass through public places without interference from acts of nuisance committed by others. It restricts our personal freedoms to a degree, however this ensures (at least in theory) that the public can enjoy public places without fear of being threatened or assaulted. One complication with the enforcement of this section is that it allows for a lot of police discretion when issuing the offence. This, coupled with the broadness of the section, can cause difficulties especially if the police have been overzealous in the issuing of the offence.

If you have been charged with a public nuisance offence, you may be wondering what is going to happen from here? If it’s your first offence and the nuisance is of a relatively low level, you may be issued with an infringement notice. Essentially, this is an on the spot fine and you may not need to attend court if you pay it by the due date. However, if you have been subject to repeat offences or if the nuisance is of a more serious nature (such as fighting in a licensed venue) you may be required to attend Court.

If you are found guilty at Court the penalties for public nuisance can include fines, community service, suspended sentences, and even up to 6 months imprisonment.

It is always a good idea to get legal advice if you are unsure about your situation. Our criminal law team are experts in this area and can advise you on the best course of action, the likely outcome and even representation at court.