Published in Family Law on 11th Aug 2011
Ms Golden did not appear in the matter before the Court and she did not file any evidence in response to Mr Robert’s application to have the marriage declared null and void. Mr Robert’s evidence was that in about September 2010 Ms Golden informed him that she was pregnant. Mr Robert responded by asking her to terminate the pregnancy as “we don’t want a child”. Importantly, Ms Golden is said to have stated “I’m possibly not going to terminate the pregnancy unless you marry me”. Mr Robert’s evidence was that he only consented to marrying Ms Golden because he felt he had no other choice in that Ms Golden was adamant that she would not terminate the pregnancy unless they wer...
Published in Collaborative Law on 13th Jun 2011
The adversarial battle field Traditionally, when one or both parties come to the decision that they are unable to agree about property division and/or issues concerning their children, they seek resolution through the court system. Although family law requires the parties to make a genuine effort to resolve their disputes either by direct negotiation or mediation, it is not uncommon that the lack of trust and goodwill between parties after a relationship breakdown makes resolving the issues difficult. Therefore it left to the parties’ lawyers to negotiate on their behalf. Once the parties have retained lawyers to “fight” for their perceived entitlements, the adversarial process take...
Published in Employment and Workplace advice on 3rd Jun 2011
Dubbed "Brodie's Law", the Bill has now passed both Houses of the Victorian Parliament and will take effect in early June 2011. What has changed? Workplace bullies will now be dealt with under the criminal law. The Bill extends the definition “stalking” in the Crimes Act 1958 (Vic), the Stalking Intervention Orders Act 2008 (Vic) and the Personal Safety Intervention Orders Act 2010 (Vic) to include the following behaviours that are typical of workplace bullying: making threats to the victim; using abusive or offensive words to or in the presence of the victim; performing abusive or offensive acts in the presence of the victim; directing abusive or offensive acts towards the vic...
Published in Migration on 30th May 2011
The laws and processes surrounding migration are complex and require careful consideration and a depth of understanding. Zelma Rudstein, partner of Rudstein Kron Lawyers, has thorough knowledge of the latest visa and migration laws and regulations, and can expertly guide you through the process from beginning to end, including providing detailed advice, preparing application forms, supporting documents and submissions and lodging applications. She has been helping people to achieve their goal of living permanently in Australia since 1993. Zelma is a qualified practising lawyer and a registered Migration Agent (MARN 9301002). She adheres to the Migration Agents Registration Authority's Cod...
Published in Family Law on 25th May 2011
Biotechnological advances have posed a challenge to the laws of property (ownership and control) because the laws of property were made wellbefore methods of assisted reproductive technology were conceptualised and developed. These scientific developments will no doubt see our courts and law makers confronted with complex questions concerning legal interests in human biological materials, such as sperm, embryos and cells. In other words, this unusual case is likely to become far less unusual within the next few years. The relationship between Jocelyn and Mark Edwards Jocelyn and Mark Edwards were married in November 2005 and they planned to have children soon after. In 2008, when Ms Edwa...