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Question of Paternity – How Child Support Lawyers Can Help

When making an application for child support with the Department of Human Services (DHS), your Child Support Lawyers need to satisfy the Registrar that the person being assessed to pay the costs of the child is a parent of the child. This is often called “proof of parentage”. While parents may be biological parents, the term parent also includes adoptive parents, where the child has been born as a result of artificial conception procedures, or if the child was born as a result of a surrogacy.

The Registrar can presume paternity in the following situations:

  • The child was born during the course of a marriage
  • The person is recorded on the child’s birth certificate
  • The person has signed a statutory declaration
  • The person has adopted the child
  • The person cohabitated with the child’s mother at any time during the period 44 weeks and 20 weeks before the child’s birth
  • Where a Court order has determined parentage
  • Continue reading…

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Divorce Lawyer Explains Foreign Divorces

Do foreign divorces amount to divorces orders under Australian law? A divorce lawyer examines the leading case on this issue: Anderson v McIntosh [2013] FamCAFC 200.

Section 44(3) of the Family Law Act provides that leave from the court is required to institute property proceedings if the proceedings are brought 12 months after a divorce order comes into effect.

However, in Anderson v McIntosh Murphy J made an order to the effect that a divorce lawyer does not require leave under s 44(3)  to commence property proceedings where that divorce was granted overseas.

Facts

The parties divorced in a foreign country in 2010 and reached a property agreement in that country for the property in that country. No orders were made in relation to property held in Australia. In 2012, the wife filed an application pursuant to s 79 of the Act seeking an equal division of the assets of the parties.

Trial Decision

Murphy J considered whether s 44(3) applies to applications for property settlement in cases where the parties are divorced overseas. If so, the wife’s application is out of time and leave would be required to continue the proceedings.
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New! Priority Migration Skilled Occupation List

New! Priority Migration Skilled Occupation List

A new Priority Migration Skilled Occupation List (PMSOL) was announced on 2  September 2020.

Occupations

This list aims to support Australia’s economic recovery after COVID-19 based on advice from the National Skills Commission and consultation with relevant Commonwealth agencies, and comprises:

  • 111111: Chief Executive or Managing Director
  • 133111: Construction Project Manager
  • 233512: Mechanical Engineer
  • 253111: General Practitioner
  • 253112: Resident Medical Officer
  • 253411: Psychiatrist
  • 253999: Medical Practitioner nec
  • 254111: Midwife
  • 254412: Registered Nurse (Aged Care)
  • 254415: Registered Nurse (Critical Care and Emergency)
  • 254418: Registered Nurse (Medical)
  • 254422: Registered Nurse (Mental Health)
  • 254423: Registered Nurse (Perioperative)
  • 254499: Registered Nurses nec
  • 261312: Developer Programmer
  • 261313: Software Engineer
  • 312911: Maintenance Planner

The PMSOL will be reviewed and updated regularly depending upon its impact and changes in the economy.

Exemptions and Priority Cases

Offshore visa holders who have been sponsored by an Australian business in a PMSOL occupation can request an exemption from Australia’s travel restrictions but will be subject to a strict 14 day quarantine period on arrival at their own expense.
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Tougher Labour Market Testing and Nomination requirements due to COVID

New! Tougher Labour Market Testing and Nomination requirements due to COVID

The Australian Government has recently taken steps to protect job opportunities for Australians in response to the COVID-19 pandemic and fill gaps in critical sectors.

New Rules

As a result, current labour market testing requirements(LMT) have been enhanced to ensure that Australian workers are prioritised for job opportunities in Australia.

Specifically, a new legislative instrument has been introduced and requires any future nominated positions to be advertised on the Government’s Jobactive website.

This measure is in addition to the requirement for at least two advertisements in one or more mediums outlined in the existing policy.

Businesses that are considering employing overseas skilled workers on a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa, or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa will have to abide by these requirements.

Key Date and Exceptions

The enhanced LMT requirements apply to nominations lodged on or after 1 October 2020. 

The amendment will not affect nominations lodged prior to 1 October 2020 or nominations for a select occupation or a select position to which alternative evidence arrangements apply.

More Attention

There will be more attention given to employer nominations in relation to Australian workers in similar occupations when considering whether there is a genuine need for an overseas worker including:
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New! Travel Exemptions

New! Travel Exemptions

Due to COVID-19, currently only Australian citizens and permanent residents are permitted to enter Australia. However, immediate families of Australian citizens or permanent residents with a temporary visa and skilled individuals in certain critical sectors can apply for an exemption from the current restrictions to enter the country.

Exemption Request

From 2 September 2020, visa applicants or current visa holders who are working and/or sponsored in a Priority Migration Skilled Occupation List (PMSOL) may be eligible to request an exemption to enter Australia. There is no need to hold a current visa to lodge the exemption request.

To apply for a travel exemption applicants need to provide certain mandatory information to the Department and complete and pay for a mandatory 14-day quarantine period.

Next Steps 

We can assist you with your application to the Department for a travel exemption if you are:

  • an immediate family member of an Australian citizen or permanent resident
  • a sponsored employee whose occupation is on the current PMSOL
  • Continue reading…

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Property Settlement Agreement – A Four Step Process

A property settlement is a process which involves the division of assets between parties.

If you have separated with your partner you may be left wondering what your rights to the assets might be. You might be questioning what is involved and how our lawyers can assist you to reach a property settlement agreement.

Here at Matthews Folbigg Lawyers, the usual process to get your Property Settlement started is to meet with one of our lawyers who will work through 4 important steps with you.

Step 1: Work out the “Net Assets”

Working out the “net assets” involves listing the parties’ assets, liabilities, superannuation and financial resources to reach a net equity which we call “the asset pool”.

Step 2: Consider the “Contributions of each party

This step considers the “contributions” of each party. It includes financial contributions towards the acquisition of assets including the purchase of a home and mortgage repayments as well as non-financial contributions such as being the parent and homemaker.
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How has Covid-19 affected Family Law Mediation?

Family Law Mediation is used by parties as a way of trying to resolve or reduce the number of issues in a family law dispute with the assistance of a mediator. The benefits of family law mediation are far reaching particularly when parties are able to avoid the considerable costs, time and stress associated with Court proceedings.

The onset of the pandemic saw parties, legal practitioners and even the Court having to quickly adapt to online and electronic means in addressing disputes. Family law mediations have been no different and in fact have proven to be a useful pathway to resolving matters over the online platform.

It is now not uncommon for family law mediations to take place through applications like Zoom or Microsoft Teams or even electronically over the phone. These avenues still enable the parties to have their confidential discussions with their solicitor and/or with the mediator while also being able to have a joint session with the other party.
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Insolvency Relief Extended until New Years!

By Hayley Hitch, an Associate of Matthews Folbigg Lawyers in our Insolvency, Restructuring and Debt Recovery Group


The Morrison Government earlier this year introduced the Coronavirus Economic Response Package Omnibus Act 2020 (Cth) which came into effect on 25 March 2020 to provide relief to individuals and entities under the Corporations Act 2001 (Cth), Bankruptcy Act 1966 (Cth) and supporting legislation. These changes were due to expire on 25 September 2020, where the legislation was expected to revert back to its former position where, for example, statutory demands and bankruptcy notices required a 21 day response period.

You may recall our earlier blog which goes into some detail about these changes, this may be viewed here.

The Morrison Government has however today extended the operation of the relief provided (and described above) until 31 December 2020. This means that:

  1. Any statutory demands issued under the Corporations Act 2001 (Cth) on or before 31 December 2020 will need to provide the debtor with a period of 6 months to respond and be for at least $20,000;
  2. Continue reading…