Men are often the victims of domestic violence, says Bettina Arndt

Check out a recent discussion about gender equality regarding domestic violence.

Comments from Mr. Ian Field:

Good on you Bettina. It’s about time someone stood up and presented the true facts about domestic violence.

Bettina Arndt wrote a very thoughtful article on domestic violence in the Weekend Australian, in the Inquirer section of the paper [Nov 14-15 2015].

“Our culture assumes domestic violence is almost invariably committed by men. But the data reveals a surprisingly high number of women are abusers “

A copy of her article has been published and is available here and audio is available below:

Quotes from her article:

“Yet where the anti-male bias reaches its zenith is in the witch-hunt over domestic violence. —the zealots controlling public debate on this issue are absolutely determined to allow no muddying of the waters. Violence by women is dismissed as irrelevant, violence against men is routinely ignored or seen as amusing.”

She goes on to say in her article that Erin Pizzy who set up the world’s first refuge is now world-famous for her strenuous campaign arguing that domestic violence is not a gender issue. Bettina quotes from a book written by Erin Pizzey, ”I always knew women can be as vicious and irresponsible as men“. She further quotes, “We must stop demonising men and start healing the rift that feminism has created between men and women—insidious  and manipulative philosophy that women are always victims and men always oppressors can only continue this unspeakable cycle of violence.”

“In Australia, men made up a quarter of the 1645 partner deaths between 1989 and 2012. And proportions of non-physical abuse [ for example, emotional abuse ] against men are even higher. Women are about as likely as men to kill their children and account for more than half of substantiated child maltreatment perpetrators.”

Bettina makes a strong statement in her article, ”BOTH MOTHERS AND FATHERS CAN BE VIOLENT; WE NEED TO ACKNOWLEDGE THIS“

Again she quotes Erin Pizzy, “The roots of domestic violence lie in our parenting. Both mothers and fathers can be violent; we need to acknowledge this. If we educate parents about the dangers of behaving violently to each other and to their children we will change the course of those children’s lives “

In my experience violence in a family breeds violence. Children who suffer violence at the hands of their parents in many cases are violent in their relationships in the future.

POLICY ANNOUNCEMENT

Bettina refers to Malcolm Turnball’s first major policy announcement, the launch of a $100 million women’s safety package, and the speech of Rosie Batty who herself suffered the victims of domestic violence,” This is a gender issue “ she said firmly, mouthing the party line—not one word of compassion for men, nothing about men and children who are victims of female domestic violence.

Malcolm wakes up to the facts. For the sake of presenting a non-biased and truthful view of domestic violence, read the article of Bettina Arndt. Hopefully, his views on other issues are not as flawed.

In my 40 years of practice in family law, I’ve seen the violence emanating from both men and women. In my experience, there is a perceived bias of many magistrates [not all] hearing domestic violence applications towards women. It is too easy for allegations to be made against a male partner which invariably leads to domestic violence orders issuing against fathers naming the children as aggrieved persons in the orders effectively shattering the family relationship causing severe trauma of not only fathers being torn away from their children but children who have a close bond with their parents being torn away from the love and affection of their fathers. These traumas can last a lifetime and effectively disrupt any meaningful relationships the children of such orders may have in the future. In many cases, such orders are justified. In many cases, they are not. The applications are extremely hard to defend. The Courts must recognise that family violence may stem from women and not always from men. It is to be hoped that the special domestic violence Court being trialed in the Southport Court recognises the true position in such matters and makes orders where the fault really lies.

Bettina Arndt states that Queensland Premier Annastacia Palaszcuk recently made headlines by calling for campaigns against domestic violence to include male victims. Good on you Premier.

Wake up Australia. There are two sides to this issue.  

Contact us 

Article Source: Domestic Violence

How To Get Divorced Without Going To Court

Just the very word “divorce” is scary for many people. Thoughts of never-ending legal battles and disputes between the separating parties are often how most people view an impending divorce lawyer, followed up by opposing lawyers grinding it out in lengthy courtroom proceedings.

But does it always have to be that way? Can a divorce be settled in a more congenial fashion that doesn’t involve the courtroom?

Well, in order for a divorce to be official, it does have to pass through the court system, so you can’t avoid it altogether, but that doesn’t mean you have to make an appearance in court yourself or attend divorce proceedings. If children are involved, then it is certainly advisable to make an appearance, though.

What people associate with divorce is legal battles over the division of property and the custody of children? They envision drawn-out courtroom antics reminiscent of a Hollywood legal drama. In some circumstances, this is unavoidable where both parties really can’t reach an agreement, but in most cases, it doesn’t have to be this way.

With the assistance of expert mediation services, much of the courtroom dilemma can be avoided, and it’s far better for everyone involved if this is the case. Of course, this scenario is largely dependent on both parties being keen to cooperate and reach a mutually beneficial agreement. If they are, then most of the negotiations can be kept out of the courtroom and a compromise settled on during mediation with each party assisted by their legal representative.

An example of  “Divorce Mediation”

If a parenting plan can be agreed upon through mediation, then this will avoid any bitter custody battles being fought out in court. The same goes for the division of any property or assets acquired during the relationship.

While it’s not always easy to reach a compromise that everyone is happy with, if it can be done through mediation processes, it’s a far more palatable outcome than hammering out a settlement before the judge.

Divorce is painful and stressful enough without having to endure lengthy court battles to come to an agreement. Mediation sessions are a far more congenial environment for establishing an outcome that both parties can live with. While dealing with the court system cannot be avoided entirely, it can certainly be minimized to the bare essentials.

Your Local Mediation or Divorce Lawyer Experts Can Assist

Aylward Game Solicitors in Brisbane have been specializing in family law for 80 cumulative years. That’s a lot of experience for you to call on. You can make a consultation with a divorce lawyer for this.

So, before considering taking your divorce directly into the courtroom, first discuss your situation with one of our sympathetic and highly experienced representatives. If your estranged spouse is agreeable to the mediation process, you can avoid most of the courtroom drama and come to an amicable and acceptable arrangement in a more relaxed manner.

First, seek expert legal advice so you are made fully aware of the options available to you. Make an appointment today on 1800 217 217. 

Article Source: How To Get Divorced

Was Your Redundancy Genuine or Disingenuous? – An Employee’s Perspective

Got some bad news at work recently? Made redundant or sacked?

Can you as an employee be made redundant, and in what circumstances?

What is Redundancy under the Fair Work Act 2009?

Section 389 of the Fair Work Act 2009 defines “redundancy” as either:

• When the employer either no longer needs the job of the redundant employee to be performed by anyone.
• When the employer becomes insolvent or bankrupt.

A typical example would be when the employer brings onboard new technology and replaces humans with robots, or when due to an economic downturn the company either slows down its activity or closes down. Redundancy can also happen for example, when an employer:

• Relocates interstate or overseas.
• Restructures itself due to a merger or takeover by a new owner.

How do you know if your employer’s action of redundancy is genuine?

This is a question of fact. The fact can be found from the employer’s conduct which is likely to become known after your redundancy is affected and you left the employer. An example of this could be a scenario whereby the employer told you that your role is no longer needed only to find out later that they hired someone else for the same role they claimed was discontinued. Other examples can include; the employer ignoring or failing to consult with you under an award or registered agreement. The redundancy could also be perceived as disingenuous if the employer was able to provide the employee with another job within the employer’s business, but it chose not to.

If you are terminated under a genuine redundancy what are your entitlements?

Section 119 of the Fair Work Act 2009 spells out your rights upon a genuine redundancy. There is a table with a defined schedule and rate to calculate your redundancy payment. There are exclusions too. For instance, if you did not have continuous employment with the employer for 12 full months, or if the employer is a small business employer, you may not be entitled to a redundancy payment.

Another example is where on the sale of a business, the incoming employer (i.e. the buyer) makes an offer of employment to the employees of the business and an employee rejects that offer.

If you are faced with a redundancy you are advised to obtain qualified legal advice to assist you to determine whether the redundancy is genuine and whether the amounts you are being paid are correct. The redundancy rights mentioned here are in addition to any of your entitlements, such as annual leave and long service leave, accrued with your employer prior to the redundancy notice.

What if your redundancy is disingenuous?

If you have proof that your redundancy is disingenuous you may be entitled to lodge an unfair dismissal claim with the Fair Work Commission. You have 21 days after the day you are notified of the redundancy/dismissal to apply to the Fair Work Commission for unfair dismissal. If the facts support your claim that you have been unfairly dismissed, you may be entitled to reinstatement and when appropriate receive your lost pay. Again you are advised to seek qualified legal advice to assist you to determine your legal position and if necessary enforce your rights. This can benefit you by, amongst other things, saving your time trying to navigate through complex rules, making sure that you have a reasonable claim to pursue, and more importantly, that your claim is lodged within the prescribed time.

If you or a loved one has recently lost their job, it is worth speaking with an experienced employment lawyer to ensure your rights are enforced on 1800 217 217. 

Article Source: Disingenuous 

What Every Employee Needs To Know About Unfair Dismissal

There are many versions of what people may conceive as “unfair dismissal”, or commonly known as unfairly being fired from their job, depending on what side of the fence they are on.

What is employee unfair dismissal?

In general, it refers to a situation when an employee has been fired or been pushed to the edge unlawfully, so as to force him/her to resign from their position for no valid reason recognized by the current laws.

How do you know if your employer fired you unfairly?

The rule of thumb is to look at your own employment agreement first. Look for the following four specific things, although the list is not exhaustive, it should pretty much give you some idea of what unfair dismissal is:

• How long you have been working for your employer and whether your employer was a small business with fewer than 15 employees;
• Look to see if the reason for your dismissal accords with your agreement under its termination clause;
• Look to see if the dismissal was proportionate with the act or omission you may have done (that is: whether the dismissal was harsh or unjust); and
• Look to see if your employer followed a fair process to have you dismissed.

Does the termination clause in the employment agreement means that you cannot fight your unfair dismissal?

No. But the answer here is subject to a couple of variables. For instance, an employer might deem that they have acted upon the termination clause fairly and that they were right in firing the employee in the first place and nothing was harsh, but it may well be the opposite. It is a matter of right interpretation of the termination clause, the laws, and the advice that an HR manager or the decision-maker may receive or give at the time in question.

What laws in Queensland protect you against employee unfair dismissal?

The provision of unfair dismissal is covered by the Fair Work Act 2009. Section 385 of the Act defines “unfairly dismissed” as a dismissal of harsh or unreasonable nature, not consistent with the Small Business Fair Dismissal Code, and that the dismissal was not a case of genuine redundancy.

What rights do you have at the workplace and can you get fired for exercising those rights?

You cannot get fired for exercising the rights detailed below (That is: your employer cannot take adverse action against you just because you have exercised those rights). Please note that the list here is not an exhaustive one, but should shed some lights on your workplace rights:

• You cannot be bullied or discriminated against at your workplace and if you reasonably confront that and you are fired, your employer may have taken adverse action against you;
• Because you are a member or not a member of a union;
• Taking or not taking part in industrial activity;
• Having a protective attribute;
• Wearing any religious requirement or symbol such as wearing Hijab, or other religious headgears or symbols
• Forcing you to do something against your will; and
• If you are subject to undue influence or pressure

If you are fired, how long do you have to lodge your claim and where?

If you deem you have been unfairly dismissed, you have 21 days after the day you are notified of the dismissal to apply to the Fair Work Commission for unfair dismissal. It, of course, is best to seek legal advice immediately. This can benefit you among others, saving your time trying to navigate through complex rules, making sure that you have a reasonable claim to pursue and more importantly if your claim is lodged within the prescribed time.

Here at Aylward Game Solicitors out the team is ready to assist you with any employment or workplace-related legal situations on 1800 217 217.

 

https://aylwardgame.com.au/which-of-the-following-statements-best-describes-your-right-to-work-in-australia-employment-law-lawyers/

Article Source: Unfair Dismissal

GRANDPARENTS AND EXTENDED FAMILY

 

Grandparents under the Family Law Act have a right to be involved in their grandchildren’s lives.

With over 30 years experience in family law, Aylward Game Solicitors Incorporating James Noble Family Law Brisbane will guide you through to the other side of divorce and family disputes relating to grandparents or other close family members.

Family law recognises your rights to spend time with and care for your grandchildren. This extends to other significant family members.

Grandparents (as well as significant family members) under the Family Law Act in Australia have a right to be involved in their grandchildren’s lives. This is a secondary right to the rights of the biological parents of the children.

The grandparents must be significant grandparents in the lives of their grandchildren. They must have a strong relationship and bond with their grandchildren to allow them to bring this application.

Grandparents normally have an involvement with their grandchildren during the times that the mother or father or both have the children in their care. However, where one parent for reasons that have little or no foundation prevents the grandparents from seeing their grandchildren then the grandparents can apply under their own right to have time with their grandchildren.

The Court looks at the potential benefit to the grandchildren having a meaningful relationship and continuing relationship with the grandparents. The Court would look at the nature of the relationship of the grandparents with their grandchildren.

The welfare of the children is of course, as in all relationships, the paramount consideration to be given by the Court if an application is made. The Court would look at the likely effect on the grandchildren of a continuing relationship with their grandparents. The Court would look at the practical difficulties and expenses relating to the grandchildren spending time and communicating with their grandparents. If there are substantial impediments to this then the Courts would not allow that relationship to continue.

If you would like to read the relevant sections of the legislation in regard to Divorce Property Settlement please go to the Family Law Act.

Please reference Section 60CC.

People who found this page also searched for

• Grandparent Law
• Family Law Act
• Grandparent Family Law

Normally the time spent by the grandparents with their grandchildren would be a time that is not inconvenient to the children and to the children’s parents. The Courts would also look at the disruption to any of the activities of the children including sporting, educational and extracurricular activities to determine if the time spent with the grandparents is feasible.\

The wishes of the children especially the wishes of teenage children will be taken into account.

The grandparents have a right to apply for the parenting of the grandchildren where the parents of such children are unsuitable for medical or other reasons to care for them. The Courts can make orders for the grandparents to take on the parenting role of the children in such circumstances.

Other significant family members do not have the same rights as grandparents in seeking time with their nieces, nephews and other children of the family. Again if the significant family members have had a large involvement in the upbringing of the children and if the parents, grandparents or other family members are not suitable to parent the children where the children’s own parents are incapable of doing so then those family members may apply to the Court for the parenting of the children. Again the welfare of the children is paramount.

Article Source: GRANDPARENTS AND EXTENDED FAMILY

Foreigners New ATO Requirements: Changes to the special CGT rules

ALERT! If you’re a foreign resident for tax purposes in Australia, special Capital Gains Tax (CGT) rules apply when you sell residential property.

Changes announced by the Federal Government in the 2017-18 Budget came into law on 12 December 2019. These changes mean that if you are a foreign resident for tax purposes at the time you sell your residential property will no longer be entitled to claim the CGT main residence exemption unless certain life events occur within six years of becoming a foreign resident (“life events test”). Employers will need to be prepared for the new ATO reporting requirements for employee wages and superannuation that will start to be effective from 1 July 2018.

Life events test

To satisfy the life events test you MUST, at the time of sale, have been a foreign resident for tax purposes for a continuous period of six years or less and during that period any one of the following events also MUST have occurred:

• You, your spouse, or your child under 18, had a terminal medical condition.

• Your spouse, or your child under 18, died.

• The relevant event was the distribution of assets between you and your spouse as a result of your divorce, separation or similar maintenance agreements.

You, therefore, need to consider this when you rely on the exemption for a variation to your foreign resident CGT withholding rate.

ATO requirements

In your next income tax return:

• The net capital gain in your income MUST be declared; and

• The foreign resident withholding tax paid to the ATO can be claimed as a credit.

Effective date and time of change in the law

For property held by a foreign resident for tax purposes prior to 7:30 pm (AEST) on 9 May 2017 the CGT main residence exemption:

• May ONLY be claimed for sales until 30 June 2020 and provided the other requirements for exemption are met; and

• No longer applies to sales that occur from 1 July 2020 UNLESS the life events test is satisfied.

Key points

• This only applies if you are NOT an Australian resident for tax purposes when you sell your residential property.

• If you sell pursuant to a Contract the relevant time of sale is the time you entered the Contract.

• If you DO NOT sell pursuant to a Contract the relevant time of sale is the time of settlement.

• You are unlikely to satisfy the requirements for the CGT main residence exemption if you were not an Australian resident for tax purposes while living on your property.

• The changes also apply to your legal personal representatives, trustees, and beneficiaries of your estate, your surviving joint tenants, and special disability trust if you are a foreign resident for tax purposes when you die.

Article Source: Ato Brisbane