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Mother gets child back

Posted by Benchmark Lawyers in Family Law | 0 comments

McLeod & Needham & Anor [2015] FCCA 2808 (1 October 2015)

Keywords:  – child’s view dismissed for coaching – best interest for the child – safety of child – paternal grandmother as respondent - child to live with mother - parenting capacity - family violence  

Leave not granted for filing out of time

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Family Law Sydney

Mackrell & Mackrell [2015] FCCA 1996 (29 July 2015)

Keywords: property proceedings - filing out of time - court's discretion - hardship not proved - leave not granted  

Court to reconsider no time with child order

Posted by Benchmark Lawyers in Children, Family Law | 0 comments

Blinko & Blinko [2015] FamCAFC 146 (23 July 2015)

Keywords: appeal – father to spend no time with child – fear of violence- procedural fairness - relationship with child  

Wills- order of death and who is entitled to estate

Posted by Benchmark Lawyers in Wills | 0 comments

NSW Trustee and Guardian v State of New South Wales [2015] NSWSC 1121 (12 August 2015)



Mother was aged 94 at her passing and son was aged 66. They were both found dead at their Rooty Hill home. The mother was a widow with one child and was not in a de facto relationship. The son was not married nor was there any evidence that he was in a de facto relationship or that he had any children. The son was the full time carer of the mother. If they both died at around the same time- who gets the estate?  

Father granted time with child to maintain relationship

Posted by Benchmark Lawyers in Children, Family Law | 0 comments

divorce concept family separation

  Case SummarySpence & Greco [2015] FCCA 676 (19 June 2015) Keywords: father's time with child – irregular visits - sporadic visits – child’s wishes - father granted time with child

Quick Summary 

The mother and father began their relationship in 1997. The parties separated in late 2000 and the child was born in 2001. Since the birth of the child, the father spent irregular time with the child, but he wishes to spend more time with the child. According to the mother, the child does not wish to spend time with the father. It is the mother’s view that it is not beneficial for the child to have a relationship with the father.

Throughout the years the parents would argue and the mother would stop the father having time with the child. The father wanted to maintain his relationship with the child.

The Court made orders for the father to spend time with the child and to be a part of the child's life allowing him to be involved with school activities and extra curricular activities.


Mother seeks to exclude unfavourable report to relocate with child overseas

Posted by Benchmark Lawyers in Children, Family Law, News | 0 comments

Mullaly & Beddoe [2015] FamCA 891 (23 October 2015) Background The mother was seeking a final order to allow her to relocate to the US with the child. A report was ordered by the court and Ms E, a psychologist, was appointed after the mother provided a list of 3 potential experts to the father. The mother sought to exclude the family report by Ms E on the ground that she was not a regulation 7 family consultant. Held The application to exclude Ms E’s report was dismissed. Ms E’s report made a recommendation that the current parenting arrangement stay the same, as it was in the child’s best interest to maintain a relationship with both parents. Ms E also gave consideration to the future relationship with the father and other members of the family, and the quality of time spent with the father if the child were to be relocated to another country. It was the father’s position that the mother wanted to exclude the report because it was not favourable to her. The Court said at [22]: “Nothing in the Act or Rules requires that all reports prepared by the agreement of parties to proceedings be prepared by persons who are “Family Consultants”. Section 62G of the Act simply empowers the Court to direct a Family Consultant to give the Court a report on matters relevant to the proceedings as the Court thinks desirable and confers upon the Court the power to make any other orders or give any other direction is considered appropriate for the purpose of the preparation of the report and provides that a report given to the Court pursuant to the direction may be received in evidence in any proceedings under the Act.” Further, when the report was ordered, there was nothing in the order that restricted the report writer to being a ‘family consultant’. The mother’s application was dismissed along with her application to adduce evidence from another expert witness.  

Typical Mistakes Small Businesses in Australia are Likely Making

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Starting a new company is a challenge that is huge, but keeping its a larger one.

Just 50% of small enterprises in Australia survive five years and those who find themselves unable to bear the adversity of running a small business frequently stop because of a problem that is straightforward: Issues within their Internet Business Enrollment. Albert Einstein once stated, "If I received one hour to conserve the world, I 'd spend 59 minutes explaining the issue and one minute solving it." By giving options, Benchmark Lawyers can conserve you 59 minutes by identifying the most common occurring issues for you and may even save that one additional moment!

Here are some example interesting example that you you could make:

You're unsure about Work Safety and Health Compliance laws, and thus you decided to disregard them. This apparently little issue can lead one to issues that are giant like enormous fines as well as a prison sentence. You've got forgotten to revive the premises are leased on by you. The landlord can well give you notice to vacate the premises. The solution, set for everything on your smartphone. You might be spending to providers with no lapsed or ABN ABNs, leading to indebtedness for the company to spend PAYG tax for the kids. You claim a credit with no valid tax bill. By lodging a business activity declaration with no valid tax invoice, you can be got in trouble. So, never forget to get a duplicate bill from your provider. You erroneously assert on Goods and Services Tax-free purchases. Two cases or one may be blown off by the authorities on the report of error. Nevertheless, something beyond that often leads to substantial sums curiosity, and fines as well as in the most serious instances, being for potential audits on a blacklist. Pieces containing Goods and Services Tax are not wrong claimed on by you. This can also guide you to the financial problem of the scenario mentioned above. You mistakenly claim GST credits on wages payments or superb payments. You may not pay superannuation and PAYG for the company. Where will this lead you? Private liability of the company for the managers. Your company has been insured by you badly. In the event of a crisis like flooding or fire, as in producing it, you'd need certainly to pay pocketful of cash you may have to manage unnecessary adversity. The ONE Easy Solution For Every One Of Them Getting the appropriate tax advice and legal to run your company may not be easy, particularly when you're just beginning in the world.  Benchmark Lawyers can give you simple and straight guidance to help you run your business without worrying of any legal aspect.

What commercial law covers? And how will it help you?

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Commercial law is a broad definition and It covers all areas of law associated with the buying or selling of property which comprises:  

  • farms,
  • vacant land,
  • subdivisional land,
  • houses,
  • commercial properties, and
  • industrial properties.
  It contains endeavor resolutions for commercial properties, houses, farms, and urban property.   The expression also contains help in resolution, and the sale or purchase, of company contracts. There are lots of possible pitfalls for people who enter into contracts with no advantage of guidance.The resolution and contract procedures are far less nerve-racking if managed economically and with a contract that is sensible.   In many instances (except complicated cases) resolutions for both property and company contracts are charged at resolution brokers' rates, so there's no reason not to get an attorney on your side, right from the start.   Recent developments to the law including the debut of the Personal Property Securities Act have significantly altered how the law deals with personal property, meaning virtually all assets (including intangible assets like intellectual property rights). These changes present possible difficulties unless you're conscious of the demands of the law, and apply to a lot of different kinds of commercial transactions.   An essential measure in every new company endeavour will be to discover whichever is the greatest business structure for your functions. A good lawyer can counsel you on direction and the establishment of all types of company structures including:   Ventures, Businesses, And, unit trusts Joint ventures.   He should also counsel you on the responsibilities consequences of your trade or proposed trade, including other obligations under the Duties Act and transport responsibility. The Duties Act replaced the Stamp Act for trades occurring after 30th.   The saying commercial law contains the arrangements to let you enter or leave a company construction. You may even have to organize your affairs to cover those times if you want to sell or retire from your business construction, or shield yourself from unforeseen declines. I can help you with the establishment of significant contracts by the utilization of shareholders' agreements or unitholders' arrangements, for example between business associates and shareholders or unit holders.   The so call, commercial law also covers the important place of interpretation, contract preparation, and guidance. Whether you are selling or buying, developing, construction, franchising, or some of the a number of other tasks where legal documentation is necessary, you surely owe it to yourself to make certain you thoroughly comprehend the fine print, as well as the files. The law coping with retail store leases is becoming more and more complicated and in the event you are purchasing retail premises, or have retail facilities, or purchasing a company that rents retail premises, you need to get qualified and comprehensive guidance on the law concerning retail store leases. The laws will override any lease arrangement if there's a disagreement between the lease as well as the legal demands, and whether you're a landlord, lender or renter, you must know what your rights are.   Despite the best of attempts, occasionally disputes arise between tenant and landlord, especially in retail tenancies, and a good commercial lawyer is able to help you in resolving such disputes throughout the State Administrative Tribunal.   A commercial lawyers also give you guidance on, and file preparation for, strata titles (subdividing, creating, or dispute resolution in strata schemes). Additionally, it covers making the development of suitable subdivision controls and covenants for the improvement and protection of subdivision estates as well as subdivision programs.   Now, commercial law additionally has estate planning as a significant part of its definition. Especially it covers such matters as: living wills (named advance health directives) which permit you to nominate the medical, dental or lifestyle treatment you might or might not need in case which you are not able in the time to express your view, And, asset protection Using testamentary trusts. The word "commercial law" covers virtually everything that concerns many regions of your house, farm, investment or company, all land developments, and contracts of all kinds. It is vital that you simply get guidance as early as possible before you sign a contract or make a commitment. You may handle substantial prices that could readily be prevented with proper guidance, in case you get it wrong.

Mandarin Speaking counseling

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Migrants from China compose the third largest foreign-born people in the nation and lots of them needs legal counsel as well. When Chinese migrants do not talk the language fluently and want Attorneys in  Sydney, Benchmark Lawyers is the place for them. Mandaring Speakin Their rights must be protected by one during a divorce, yet this might be difficult to do when one does not have a high grip on the language. Having a Divorce Attorney who talks the client's native language becomes of great significance in this case. People wedding across ethnic borders have a tendency to divorce more frequently than people who share a similar cultural heritage. The difficulty lies in differences should be negotiated when an issue arises and their expectations of marriage. Many problems arise during the proceeding, including children's problems, property settlements, and monetary arrangements. . Frequently, the lawyers work to resolve these issues without litigation to decrease expense and the worry related to a divorce. The company works with those in need of support. Customers are assisted by highly skilled professionals within the company in all matters of law. Throughout time, the company has developed a reputation for professionalism and success and has realized numerous high-profile triumphs for people and businesses. Customers value the approachable, friendly service additionally," Liberiou declares.

What are the benefit of a good Family lawyer

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Family lawyer Sydney

  Family Law SydneyA family lawyer refers to a law practitioner whose field of expertise involves cases such as divorce, child support, child custody, child visitation among other family related litigation processes. A family lawyer’s legal responsibilities are not limited to providing legal advice to you as a client. They extent to matters such as negotiating for any legal actions that might be taken against you on your behalf as well as ensuring your court proceedings and pleadings are acted upon in a legal and proper way as provided for by the constitution. For these reasons and several others, it is imperative that you hire a highly qualified family lawyer to cover all your interest in the event of a family litigation. The following are some of the benefits of hiring a proper family lawyer.

Good knowledge of family law

The first and most obvious importance of a good family lawyer is the proper understanding of family law. A family lawyer has a good understanding of family law and is more than qualified to identify the loopholes in a case that could make all the difference in a family litigation. The fact that a family attorney makes a living trying to convince the courts as well as any other interested party of a client’s demands puts him in a better position to understand the drift of a case from the beginning. Without the services of a good and qualified family lawyer, the chances of missing some vital facts in a case or misrepresenting the facts altogether are very high. This may prove to be fatal in the long run.

Experience and knowledge in procedural issues

Different jurisdictions have totally different procedures when dealing with family matters. This is true even here in Australia. You therefore need a family lawyer who belongs to your jurisdiction or who understands the procedures of your jurisdiction without doubt. Fact is, if you do not understand or have no knowledge of the procedures associated with a particular country, you will misrepresent your case with disastrous consequences. These procedures may even extend to matters such as the way legal papers are presented in a court of law. This is why you need an experienced family lawyer. The family lawyer will ensure that you present your papers in the proper manner accepted by the court to avoid the inconvenience of having your case thrown out before it is even heard.

Lowering the high stakes

Most family lawsuits usually involve very high stakes. If you hire an inexperienced family lawyer, chances are he may not even understand the stakes involved in a case. Besides, he may present your case in a casual manner that may lead to you losing your case. An experienced family lawyer can be able to lower the stakes for you since he has a good understanding of the laws and procedures. He will put forth all the facts that he thinks are crucial for your case and put you in a better position to win a case. While at it, he will also be advocating for your rights to ensure they are not violated.

Impartial views

Family Law Sydney

In most court proceedings, it is not uncommon for one to need the services of a third party to provide a different view of the case at hand. In addition to that, a case is as good as the lawyer. Throughout the litigation, you will find that you are totally drained and for this reason, you might lose some of the most important facts that could be beneficial to your case. A family lawyer comes in handy at this time. You are able to transfer all your stress and burdens to the lawyer who takes it upon himself to ensure all facts are properly articulated in a case. After all the facts have been gathered by him, he will then know how to present his case before the judges while considering which points carry more weight than others. This way, your chances of winning the case are increased.

Emotional support

Going through a divorce or any other family litigation is painfully draining. In most cases you will need the support of people close to you. Ironically, you may be having issues with the same people you need support from which is why you are in court in the first place. An experienced family lawyer understands this perfectly well. For this reason, he will not only provide you with the legal assistance you need but since he knows what you are going through, he will be in a position to provide you with the emotional as well as moral support that you require. If he/she cannot do this on his own, he will know the right people who can do this job perfectly well.


Families sometimes require a third party’s opinion to understand their problems and may even solve them while at it. These opinions usually shed some light on why exactly they need each other. Due to the experience acquired through dealing with different family issues, most family lawyers become good counselors as well. Family lawyers will not let you make decisions arbitrarily as a result of the emotions you are going through. They will guide you step by step through every decision you make and the consequences of each. In most cases, you may find that you do not even need to go the legal route to solve your family problems as a result of counseling from family lawyers. Hiring a good family lawyer is your best and only shot at dealing with family matters such as divorce or child custody. With the help of a family lawyer, you do not even need to stress yourself about the whole litigation process since you are sure everything is being handled in the right manner by a professional. Besides the emotional relaxation offered by these lawyers, the chances of winning a case being handled by a good family lawyer are extremely high. However, it is important that you hire a family lawyer who understands the procedures of your state or country since different countries have different family laws.