If you’ve been a stay-at-home parent while your spouse has been generating income, don’t necessarily think that the Court will think less of your contribution to the family.

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One of the first things people often contemplate in a property settlement, is what can they get out of it. There are also numerous myths in relation to property settlements generally.

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If you’re considering a property settlement, then you’re probably wondering whether or not your matter will end up before a Judge.

Property Settlements are complex. Be sure to get good legal advice. Contact Us.

A common question people ask is “after lodging an Application for Divorce, how long will it take for the divorce to be considered approved?”

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If you’ve been married for two years or less and want a divorce, there are additional things you must do to prove to the court that your marriage is beyond repair.

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You can apply for a property settlement from the time of separation. However, once you are divorced, if you want the court to make particular orders, you must file an application for property orders within 12 months of your final divorce.

However, you can apply to the court in special circumstances for a property settlement if you are ‘out of time’ – or in other words, if more than 12 months have passed since your divorce is made final.

In the case of de facto couples in Queensland, who separated after 1 March 2009 and who are making an application for a property settlement under the new laws, parties must apply to one of the Family Law Courts within 2 years of the end of their de facto relationship. In special circumstances you can apply to the court for a property settlement if you are ‘out of time’.

You can apply for a divorce after you have been separated for 12 months. You can either apply together with your ex-spouse (joint application) or on your own (sole application) at the Federal Magistrates Court of Australia or the Family Court of Australia. You can apply for a divorce without a lawyer and you can download the relevant divorce application materials here.

If you choose to apply on your own you must ‘serve’ your ex-spouse with the application. There are very special and stringent rules about serving. You cannot serve your ex-spouse personally but you can do so by mail. To ensure your ex-spouse has been served, there are additional forms that must be filled out to prove that he or she has been served. These forms are available to you from the court when you file your application.

If you have sustained an injury not in the workplace or in a motor vehicle, you may be entitled to a Public Liability claim.

There is a wide variety of accidents that Occupiers and Public Liability Law covers and they include the following:

- injuries sustained during participation in a sport at a venue which is of poor maintenance

- slips, trips, and falls which may be caused by fluid substance, for example, occuring at a public place such as supermarkets, department stores, or malls

- labour-hire trauma occuring within the host employer’s private property

- trauma sustained from dog bites and attacks

- injuries cause by defective products such as hazardous toys for children, faulty electrical items, and other equipments with manufacturing and design defects

- accidents from recreational areas such as parks, community playgrounds, school play areas

Your Injury Compensation Claims may include:

- hospitalisation and medical expenses

- lost compensation or earnings that a person was entitled to receive as a wage-earner

- compensation for pain, suffering, and decrease in health status and quality of life

- home care services

Who can you file a claim against?

A person deemed responsible for the occurrence of an injury may be obliged to pay a compensation for the resulting damages. There are instances where a person may be held responsible even if he/she is not directly the cause of an injury. Such cases may be when an accident happens on the premises or under the management of the occupier.

A property owner or the occupier of such property is under a duty of care to ensure that the premises are hazard free and in circumstances where a hazard is evident, adequate safety precautions are applied.

Examples may be sporting fields or facilities, recreational areas, patios, pergolas, etc.

What you need to do if want to pursue a public liability claim:

- preserve evidences by photographing any injured part, the cause of the injury, or the place where it occurred

- immediately have yourself checked by your General Practitioner and inform him or her of the cause of your injury

- ensure that everything is well-documented and accounted for by holding on to all medical records and bills for all consultations

- in circumstances where you have received an injury from an object, the object itself if you still have in your possession may serve as a strong evidence

We’ve been taking care of the legal issues of Ipswich people for over 70 years