Surviving The Legal System With a Psychopath in Australia

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FAMILY LAW RULES 2004 - RULE 13.04

Full and frank disclosure

             (1)  A party to a financial case must make full and frank disclosure of the party's financial circumstances, including: 

                     (a)  the party's earnings, including income that is paid or assigned to another party, person or legal entity; 

                     (b)  any vested or contingent interest in property; 

                     (c)  any vested or contingent interest in property owned by a legal entity that is fully or partially owned or controlled by a party; 

                     (d)  any income earned by a legal entity fully or partially owned or controlled by a party, including income that is paid or assigned to any other party, person or legal entity; 

                     (e)  the party's other financial resources; 

                      (f)  any trust: 

                              (i)  of which the party is the appointor or trustee; 

                             (ii)  of which the party, the party's child, spouse or de facto spouse is an eligible beneficiary as to capital or income; 

                            (iii)  of which a corporation is an eligible beneficiary as to capital or income if the party, or the party's child, spouse or de facto spouse is a shareholder or director of the corporation; 

                            (iv)  over which the party has any direct or indirect power or control; 

                             (v)  of which the party has the direct or indirect power to remove or appoint a trustee; 

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This episode deals with sexual abuse, trauma and comes with a trigger warning.

This is not an easy episode to listen to, and it’s achingly heartbreaking 💔  ❤️‍🩹

My hard-won knowledge has come at huge expense, and there’s no running from that.

If you are triggered by this episode, please look after yourself.

Reach out to support people, loved ones, family, friends, or whatever services fit your need in the moment.

Lifeline 131114
1800 Respect 1800 737 732

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The dreadful depersonalisation of never having your name used unless you’re in trouble; serious trouble.

This is not an easy episode to listen to, and it’s achingly heartbreaking 💔  ❤️‍🩹

My hard-won knowledge has come at huge expense, and there’s no running from that.

If you are triggered by this episode, please look after yourself.

Reach out to support people, loved ones, family, friends, or whatever services fit your need in the moment.

Lifeline 131114
1800 Respect 1800 737 732


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From the book ‘Don’t become the roadkill of your relationship’

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From the book ‘don’t become the roadkill of your relationship’

How to leave a dangerous relationship.

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Don’t be the roadkill of your relationship…plan to leave before you leave.

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What do they mean, and why is it important to understand the difference between final orders by consent, and final orders by judgement.

One you can appeal, the other you’re stuck with.

Do you know which is which?

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Contempt is criminal, while a contravention is civil. 

The differences are not that subtle, but I’ve had Australian lawyers argue with me that I’m wrong. Makes for a fun day in my life when lawyers act like this, but it’s what happens when you challenge the rarified air of the the legal profession. 

FAMILY LAW ACT 1975 - SECT 112AP

Contempt

             (1)  Subject to subsection (1A), this section applies to a contempt of a court that: 

                     (a)  does not constitute a contravention of an order under this Act; or 

                     (b)  constitutes a contravention of an order under this Act and involves a flagrant challenge to the authority of the court. 

          (1A)  This section does not apply to a contempt that constitutes a contravention of a maintenance order if the order has been complied with before the matter of the contravention comes before the court. 

             (2)  In spite of any other law, a court having jurisdiction under this Act may punish a person for contempt of that court. 

             (3)  The applicable Rules of Court may provide for practice and procedure as to charging with contempt and the hearing of the charge. 

             (4)  Where a natural person is in contempt, the court may punish the contempt by committal to prison or fine or both. 

             (5)  Where a corporation is in contempt, the court may punish the contempt by sequestration or fine or both. 

             (6)  The court may make an order for: 

                     (a)  punishment on terms; 

                     (b)  suspension of punishment; or 

                     (c)  the giving of security for good behaviour. 

             (7)  Where a person is committed to prison for a term for contempt, t

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FAMILY LAW ACT 1975 - SECT 70NAC

Meaning of contravened an order

                   A person is taken for the purposes of this Division to have contravenedan order under this Act affecting children if, and only if: 

                     (a)  where the person is bound by the order--he or she has: 

                              (i)  intentionally failed to comply with the order; or 

                             (ii)  made no reasonable attempt to comply with the order; or 

                     (b)  otherwise--he or she has: 

                              (i)  intentionally prevented compliance with the order by a person who is bound by it; or 

                             (ii)  aided or abetted a contravention of the order by a person who is bound by it. 

Note:          Parenting orders may be subject to any subsequent parenting plan (see section 64D). This means that an action that would otherwise contravene a parenting order may not be a contravention, because of a subsequent inconsistent parenting plan. Whether this is the case or not depends on the terms of the parenting order.


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A tricksy question for the uninitiated 

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