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Reprobate
04-05-2005, 12:56 AM
This information may help those are faced with a Family Law matter....

Family Court (http://www.familycourt.gov.au/). Divorce? Contact orders regarding the kiddies? This is where you go. But not to be confused with...

Family Law (http://www.familylaw.gov.au/accesspoint/). This is part of the Attorney Generals Department. So this is not a court as such. It does have lots of information.

Though you may very well go through the Federal Magistrates Court of Australia (http://www.fmc.gov.au) to sort out your mess. Of special note is information such as Court Forms (http://www.fmc.gov.au/forms/index.html) and Fees (http://www.fmc.gov.au/html/fees.html) (that bit is VERY scary). And How the Court Works (http://www.fmc.gov.au/services/index.html)

From personal experience* I've been told that if I were to do Consent Orders (the ex and I come to an agreement... pfft) it would be signed off by the Family Court Registrar. For a court application in dispute a Federal Magistrate presides.

Things are a little different in Newcastle though. Here we have the Family Court and the Federal Magistrates in the same building. A Court Counsellor told me (blame her if the information is incorrect) that everywhere else the Courts are in seperate locations.

[Edit by Sagacious 04-05-05 11.06am] In brisbane the Family Court and the Federal Magistrates Courts are co-located also. The counsellor was speaking through her hat!

Though they are now changing the system and integrating the two (told to me by a clerk in the Registry).

Law Access (http://www.lawaccess.nsw.gov.au/) have been excellent for me in terms of getting information on what to do and where to find it. They do all sorts of legal matters.

When I've rung up I first spoke to a trained operator. NOT a solicitor. They may or may not have the experience and knowledge necessary to give you the information you need. But they do know whether or not they should refer you to one of their solicitiors.

Typically they'll make an 'appointment' for you and within the next day or two one of their solicitors will ring you.

A lot of what you've told the operator will be in docs on the system for them to peruse over. And anything you tell them will be added. Which was good for me because when I called up again 6 months later they already had all the background information.

Call them on 1300 888 529. Though I think you have to be a NSW resident to use them.

Legal Aid NSW (http://www.legalaid.nsw.gov.au/asp/index.asp). My experience with Legal Aid is that I once actually got a legal aid grant. I found out a year LATER when I accidently got a letter saying that it was about to be stopped.

Some half arsed solicitor didn't bother contacting me about it at the time I got the grant. But that's okay, I represented myself and won three from three. It would have been wonderful to have the aid backdated to cover my legal expenses I had incurred in the year before from a seperate yet related matter. But that's okay, I didn't need that $20K+ anyway :p

Legal Aid, for the uninformed, and from my lack of experience except for having to face off with the solicitors who have been funded by Legal Aid and representing my ex, is that there are two things you must know about...

There is Legal Aid itself. And they will give you advice or represent you, if you pass the criteria. And then there's normal every day solicitors who can on your behalf apply for Legal Aid.

So Legal Aid funds your case with the solicitor of your 'choice' (choice may be limited, some firms won't touch it).

I may start another thread called 'My experience or lack thereof with Legal Aid'.

Now if anyone else wishes to expand or correct what I have said, by all means do.






* Please go double check ANYTHING I have to say. I have absolutely no legal qualifications. My experience has been through almost 5 years of court applications, responses and other hearings.

Sagacious
04-05-2005, 11:58 AM
AUSTLII (http://www.austlii.edu.au/ ) This has databases and links to all state and commonwealth legislation and most state and commonwealth case reports.

Queensland Legislation online (http://www.legislation.qld.gov.au/Legislation.htm) This is the database of all Queensland legislation and subordinate legislation.

Scale + (http://scaleplus.law.gov.au/) This has databases and links to all state and commonwealth legislation and most state and commonwealth case reports.

Lex Scripta (http://www.lexscripta.com/) This is an excellent resource initially conceived and maintained by a Queensland Queens Counsel Mr Tony Morris QC

Girl.
04-05-2005, 12:53 PM
Here are some links that I have found useful; most of them NSW-based though, so beware.

http://www.fairtrading.nsw.gov.au/shopping/refundsrepairs.html Bought faulty goods? Want a refund? What if the store has a "no refunds" sign? Find out what to do here.

http://www.fairtrading.nsw.gov.au/shopping/shoppingtips/funerals.html Funerals always occur at the worst possible time, and if you're the one organising the funeral, chances are you were close to the deceased, and it's easy for the funeral director to take advantage of you when you're upset. If you feel like you've been taken advantage of, check out this site.

http://www.fairtrading.nsw.gov.au/shopping/shoppingtips/travellersrights.html Travelling? Renting cars or booking flights? You're still protected by consumer laws.

http://www.fairtrading.nsw.gov.au/shopping/safeproducts.html Product safety advice.

http://www.fairtrading.nsw.gov.au/building/homeowners.html Building a house, renovating, repairing etc? Look here for advice.

http://www.fairtrading.nsw.gov.au/motorvehicles/buyingacar.html Buying a car? It is important to know your rights. Buying from a private seller carries some risks, and it's important to know what papers and documents you are entitled to when buying. This also has a link allowing you to do a REVS check.

http://www.fairtrading.nsw.gov.au/realestaterenting/tenantslandlords.html Almost all of us have had experience with dodgy landlords before -- find out what you can do about them.

http://www.fairtrading.nsw.gov.au/corporate/publications.html Publications issued by the NSW Office of Fair Trading.

http://www.naclc.org.au/centres.html A list of all Australian community legal centres. These are not the same as Legal Aid -- to obtain Legal Aid, you have to pass a means-based test. Community legal centres are often staffed by fourth or fifth year law students, with one or two lawyers supervising. They will usually provide you with basic advice and may assist you to fill out forms (such as Family Court forms) or to write letters of demand and the like, but they do not usually engage in litigation, as most of them are severely underresourced. The good news is that you usually have a surprisingly high chance of succeeding in your case if you represent yourself, and they can give you hints on how to do this.

I will add more links when I think of them.

ShinymetalASS
04-05-2005, 02:37 PM
When I get some more time this evening, shall post some Qld linkies that might be of practical use. :D

But for now...... I'm off to deal with wankers.... i mean.... bankers ;)

SmaSheD_CoW
04-05-2005, 05:38 PM
www.austlii.edu.au
www.comlaw.gov.au - new version of scaleplus with a wider range of information
www.legislation.qld.gov.au/Legislation.htm - Qld legislation (pdf)
www.weblaw.edu.au
www.lbc.com.au
www.lexisnexis.com.au
www.asic.gov.au - useful for corporations law
www.hcourt.gov.au - high court transcripts, judgements, etc
www.lawfoundation.net.au - NSW law

ShinymetalASS
04-05-2005, 08:10 PM
some sites I find useful from a practical perspective:

Office of State Revenue (www.osr.qld.gov.au)

Department of Natural Resources (Qld) (www.dnr.qld.gov.au)

The Tax Man (www.ato.gov.au)

REIQ (www.reiq.com.au)

Consumer Stuff (www.fairtrading.qld.gov.au)

..... general property transactions....

Stamp Duty & DNR websites useful for those looking at government charges relating to property transactions, conveyancing, property settlements pursuant to court orders, etc.

I've posted these links based on the information that seems to be most commonly sought by clients and friends in their every day lives.

:D

Asmodeus
06-05-2005, 10:13 AM
anything on immigration?

kevinbeattie01
08-07-2006, 08:15 AM
it is a joke and has been for 15 years. The High Court decided some years ago that some poor unfortunate would be criminals could not get justice by representing themselves. the truth was that courts of appeal were sick of dealing with cases of convictions where the accused failed to understand the issues. so legal aid was instituted and all governments have since been trying to relieve the cost burden. They dried up the funds for personal injury cases or made the process of approval of funds so slow and harrowing that law firms decided(much to the chagrin of their bank managers) to take the matters on for free and pay the outlays. I feel sorry for anyone who applies for legal aid.

Hairyman
08-07-2006, 10:02 AM
I think you'll find that access to justice is a very important ethical issue and that not everyone can afford expensive advocates.