E-Newsletter November 2014
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Hi All, Even though the year is drawing to a close, there are lots of events and training still happening. See immediately below for three upcoming CQFLPN events, and the Events Calendar at the end of the newsletter, for a full list of sector activities. Between e-Newsletters the Events Calendar is updated weekly & can be found on http://www.qldfamilylawnet.org.au/events/default/flpn-events?list=true®ion[]=27 More general information on the CQFLPN, e- Newsletters, the Service Directory and other resources can be found at http://www.qldfamilylawnet.org.au/networks/central-queensland Date- claimers. “Would you like to know how to deal with Child Safety and what to expect from them”. FREE Seminar presented by QIFVLS and supported by CQFLPN. 10am Duhig Centre, Cnr West and William St (in West St near the Cathedral – just up from William St.) Attendees will need to print off and bring the “Information Kit on Child Protection for Workers” from http://www.communitylegal.org.au/ The workshop will run for around 4 hours. BRING YOUR OWN LUNCH. Tea, coffee and morning tea, will be provided. RSVP 4922 4557 OR dbooth@qifvls.com.au; End of year social networking evening and Q & A with Judge Demack at The Family Relationship Centre, Fitzroy St. Doors open 5.30. Q & A starting around 6pm. Drinks and finger food provided. RSVP sandypaton@bigpond.com;
Limited places.
Family violence is defined as violent, threatening or other behaviour that coerces or controls another family member or causes them to be fearful. Some examples of behaviour that constitutes family violence are:
A child may be exposed to family violence if they see or hear family violence or experience the effect of family violence. Some examples of a situation that a child may be exposed to family violence are:
To read this exploration of Family Violence in Relation to Family Law please click on My Family Law The SSAT in Relation to a Child Support Assessment: Simon Creek : My Family Law Be Aware of the Tribunal’s Decision Making Powers : In the recent decision of Child Support Registrar v Ahern and Anor [2014] FamCAFC 105) the – Full Court of the Family Court of Australia made clear the range of powers available to the Social Security Appeals Tribunal (SSAT) when considering child support matters. This is an important case for all people thinking about objecting to a child support assessment that may ultimately come before the SSAT in the form of an Application for Review. The background of the case is as follows:
This decision is a salient reminder of the principles of administrative review of a decision on the merits by a Commonwealth Tribunal. It is important to remember that the SSAT is empowered to hold a new hearing (called a hearing de novo) and will make a decision on the merits of your case. In so doing, the Tribunal stands in the shoes of the original decision maker, and is empowered to make any decision that the original decision was empowered to make regardless of the ambit of your Application for Review. To read the complete article please click on My Family Law Service Information Holiday Closures Legal Aid Queensland LAQ: closed from 2.00 p.m. 24 December 2014 until 9.00 am, 2nd January 2015. Family Relationship Centre The FRC: open except for Public Holidays December 25, 26 & January 1st. Anglicare Healthy Minds Closing Wednesday the 24th of December returning Monday the 5th of January 2015. Grant & Simpson Lawyers Closing Tuesday 23rd December - re-opening 8:30am Monday 5th January 2015. The Rockhampton Alcohol and Other Drug Service Closed from 25th Dec to the 1st Jan inclusive. 24/7 Telephone Helpline 1800 177 833 CQ Community Legal Centre. The CQ Community Legal Centre will be closed from December 23rd to 5th January. Juwarki The Diversionary Centre and Cell Watch Services will be open 24/7 as usual, information about these services is available on the Juwarki weblog: www.juwarki.org.au : Diversionary Centre : Cell Watch Partners in Recovery and CQ Medicare Local Closed from COB 24 December 2014 returning Monday 5 January 2015. Day to Day Living (D2D) Closed for Public Holidays. D2D will cease its regular program of activities for four weeks from mid December to mid January and have a more relaxed time with increased outings etc. Suncare Operating hours will not change throughout the Christmas Break, we are open from 8.30am – 4.30pm. The only days that the physical office will be closed are the Public Holidays. We will still be operating our after hours for emergency respite services. The only program that will not run over the Christmas Break is the Life Skills program which is funded by Disability Services. Uniting Care Community Musgrave Street office closing on Christmas eve and reopening on Monday 5.01.15. Available services to the community throughout this period will be;
Jaime Parnell MAPS Clinical Psychology Registrar has moved. As of 10 November 2014 Jaime Parnell will practicing out of 6/130 East Street Rockhampton (big purple door next to Subway in the mall). Contact details: jaimeparnell@gmail.com : 6/130 East Street :PO Box 299, Rockhampton 4700’ P: 4819 1338 : F: 4914 0603 : Mob: 0435 735 377 Free Community Legal Service available in Biloela and surrounding areas. Banana Shire Support Centre has been granted funds by the Legal Aid Office and Attorney General to provide free Legal Education and Advice to the residents and organizations of Biloela, Moura, Theodore, Taroom, Wowan, Baralaba, Goovigen, Dululu, Jambin, Lawgi and surrounding areas, The service covers Matrimonial Law, Domestic Violence, Wills and Enduring Powers of Attorney, Advanced Health Directives, Elder Abuse and other areas of Law. On request and in partnership with a social worker, advice on Domestic Violence may be provided. There is no mean test. Visits can be arranged at retirement homes, hospitals, schools and the homes of pensioners and people with a disability. For more information or to arrange an appointment telephone Banana Shire Support Centre 4992 3322 or email the solicitor at bill.sandersonbssc@bigpond.com News Sickening. A men’s rights group has hijacked the “White Ribbon” campaign. Mamamia 3rd November (excerpt) Texas-based group A Voice for Men has set up a website called WhiteRibbon.org — and is using the site to spread misogynistic propaganda and accept donations from site visitors who may have them confused with the White Ribbon Australia campaign website, WhiteRibbon.org.au. To read the complete article please click on Mamamia A leading expert on domestic violence has called on the State Government to introduce broader legislation to combat social media and mobile phone abuse. Townsville Bulletin (QLD) – 5th November The Premier’s Special Task Force Summit on domestic and family violence – chaired by former Australian Governor-General Dame Quentin Bryce comes after 4611 domestic violence incidents were reported to police in Townsville in the 12 months to June this year — a 15 per cent increase from the previous 12 months. North Queensland Domestic Violence Resource Service co-ordinator Pauline Woodbridge said technology-based abuse was on the rise. To read the complete article please click on Townsville Bulletin An introduction to the court process for child-related proceedings and family law matters: FindLaw Australia – 5th November Due to the high emotion involved with family law matters, the law encourages parties to resolve disputes without having to resort to litigation. To read more please click on Findlaw Family law court system 'in crisis' over funding shortfall, says leading lawyerABC: 7th November A leading family law lawyer says the system is in crisis because of a severe funding shortfall that could further extend the already long delays experienced by some families locked in bitter divorce or custody proceedings. A report by KPMG has recommended an immediate injection of $5 million to address the court's staffing problems and spiralling workloads. For Audio or transcript please click on ABC Court Decisions of Interest Full Court (Appeals Judgments) Daymond & Daymond [2014] FamCAFC 212 – 06/11/2014 - View PDF FAMILY LAW – APPEAL – AMENDED NOTICE OF APPEAL – PROPERTY SETTLEMENT – CONTRIBUTIONS – where the trial judge made final property settlement orders between the appellant husband and the respondent wife reflecting a division of 47.5 per cent and 52.5 per cent respectively – where the trial judge found that the respective contributions of the parties were equal – where the appellant husband submitted that that finding was unreasonable and manifestly unjust to him and the exercise of discretion miscarried – where the appellant husband made greater direct financial contributions, including via a late inheritance, than the respondent wife, and the respondent wife made greater homemaker and parent contributions than the appellant husband – where the appellant husband submitted that the contribution findings in other cases with some similar factual circumstances demonstrate that the result in this case is plainly wrong – where it was claimed that in finding equality the trial judge took into account an irrelevant consideration and accorded too much weight to the care provided by the respondent wife to the now adult child of the parties who has Asperger’s Syndrome – where there is no basis for the overall assessment of contributions in one case to be decided in the same way as in other cases simply because there may be a broad similarity between the facts of those cases – no merit found in the claims that the trial judge took into account an irrelevant consideration and accorded too much weight to the care provided by the respondent wife to the child of the parties with Asperger’s Syndrome – where the Full Court found no error by the trial judge in his assessment of the contributions of the parties as being equal – where his Honour’s decision was not outside the range and plainly wrong such that it was no proper exercise of his judicial discretion – no merit in these grounds of appeal – appeal dismissed. FAMILY LAW – APPEAL – AMENDED NOTICE OF APPEAL – PROPERTY SETTLEMENT – ADEQUACY OF REASONS – where the appellant husband submitted that there was a lack of reasons in a number of areas including in relation to the overall assessment of contributions by the trial judge – where the reasons by the trial judge are adequate in explaining why he concluded that the respective contributions of the parties should be treated as being equal – no merit in these grounds of appeal – appeal dismissed. FAMILY LAW – APPEAL – NOTICE OF APPEAL – COSTS – where the appeal was wholly unsuccessful – where the appellant husband did not oppose an order for costs if the appeal was unsuccessful – costs order made in favour of the respondent wife. Morton & Berry [2014] FamCAFC 208 – 18/09/2014 - View PDF FAMILY LAW – APPEAL – CHILDREN – WITH WHOM A CHILD LIVES – Where parenting orders were made by consent – Rice & Asplund (1979) FLC 90-725 – Where a further application was brought seeking parenting orders – Where the application for parenting orders was dismissed –Whether there has been a change in circumstances. FAMILY LAW – APPEAL – CHILDREN – BEST INTERESTS – WITH WHOM A CHILD LIVES– Whether the primary judge took into account irrelevant matters – Whether the primary judge gave proper consideration to the child’s views – Where the primary judge took into account irrelevant matters – Where the primary judge failed to take into account the best interests of the child. FAMILY LAW – APPEAL – EVIDENCE – Whether a child has expressed a strong view – Whether a family report should be ordered – Whether a Child Inclusive Conference should be ordered – Whether the father’s evidence was taken at its highest – Where the primary judge refused to order a family report – Whether the child’s view had changed with age and maturity – SPS & PLS (2008) FLC 93-363 – Where the child had not expressed a view in earlier proceedings which resulted in consent orders – Where the primary judge erred by not ordering a family report to canvass the child’s view. New First Instance Judgments Abbas & Rowley [2014] FamCA 819 – 26/09/2014 - View PDF FAMILY LAW – CHILDREN – Where allegations of exhibitionist sexual behaviour by the father made by the mother – where allegations that the father perpetrated two aggravated sexual assaults on the maternal aunt – whether there is an unacceptable risk – where detailed consideration as to the evidence and circumstances of the complaints – where finding as to no unacceptable risk – where evidence of the maternal aunt rejected – where child exhibits anxious/avoidant attachment style – where it is appropriate to gradually implement the child having substantial and significant time with the father – where it is appropriate having regard to the background circumstances for the parties and the child to be required to engage in ongoing family therapy. FAMILY LAW – PROPERTY – Where minimal property for division – where a brief consideration of the financial relationship of the parties – where in the particular circumstances of the matter it is not just and equitable to make any order for property adjustment – application for property adjustment dismissed. Resources Feathers for Whanau Ora: Some thoughts on family violence and community well-being (a new paper by Vivian Hutchinson) This paper by the great NZ community builder, Vivian Hutchison is based on workshop notes for a session on Whanau Ora and Community Well-Being held at the Taranaki District Health Board in July 2014. The paper reflects on family violence and the critical role that citizens, families, neighbours and friends play in creating community well-being. It includes a personal view on the history and philosophy of the government programme Whanau Ora, and it considers the limits of institutional change, and what we are missing out on when we do not effectively engage our communities in the solutions we are looking for. You can read the Paper online here or download PDF (for printing) Reports Landscapes of violence: women surviving family violence in regional and rural Victoria : Amanda George, Bridget Harris | Centre for Rural and Regional Law and Justice : 10 NovemberIn this research, family violence survivors have identified issues and barriers they have encountered, and have provided suggestions in regards to how both the criminal justice system and the broader Victorian community might assist survivors and help prevent family violence.Groups and communities at risk of domestic and family violence: a review and evaluation of domestic and family violence prevention and early intervention services focusing on at-risk groups and communities : Sarah Tayton, Sharnee Moore, Monica Campo, Rae Kaspiew | Australian Institute of Family Studies14 AugustA review and evaluation of domestic and family violence prevention and early intervention services focusing on at-risk groups and communities.
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