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Post #54649 by Secretary SPCA on September 8th 2019, 8:45 AM (in topic “Procedural Advice - Application to Gain Passport”)

Procedural Advice - Application to Gain Passport:

If you are already in Court you can file an application in a case. Set out the orders required and a short affidavit. How long are you going for? How does he know you are coming back? Is there security you can put up?

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Post #54641 by Secretary SPCA on August 28th 2019, 10:51 PM (in topic “Unnecessary avo is torturing my family”)

Unnecessary avo is torturing my family :

Thank you for posting the update. It seems a good result for you and also perhaps a lesson for your daughter as she also needs to be considerate, work closely with you, and pay attention to what 'mum' has to say even if sometimes she doesn't like what she hears.

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Post #54639 by Secretary SPCA on August 26th 2019, 9:37 AM (in topic “Unnecessary avo is torturing my family”)

Unnecessary avo is torturing my family :

Sophia said
…. Later  that day they put avo with no charge against my daughter, and I am the protected person. No matter how I explained I was not afraid of my daughter and avo is completely unnecessary, they ignored me.
 The AVO is not a Criminal charge but a breach will be. However, the set-out sections must be followed.
Sophia said
I read that I can write a letter to the magistrate to explain my position. Could someone tell me how to make sure the magistrate will read it? And how to prove this avo is totally unnecessary? If all the way fails, who can I turn to?
 We see time and time again a complainant want to remove the AVO. Usually, there are many reasons such as remorse afterwards by the protected person, pressure from the subject of the order, living circumstances and the list goes on. The Courts see these every day and it is really hard to work out if an order should be removed or not without a proper hearing. You can write a letter to the Magistrate that will go on file or hand one up. Just mail it or hand it into the Registry. As a PINOP you will have access to the duty solicitor and the Police DVLO at Court on the day and can discuss with them. They may organise to have the matter removed by consent with some undertaking from your daughter but that comes with some risk that if she is aggressive/abusive again and Police lay charges again then it will be dealt with more severely. 
Sophia said
My daughter is demanded to go to the court next week. She has a lawyer to help her.
 She has legal representation and you also have that through Police so I would expect that matters will be resolved if the abusive behaviour is at the bottom end of the scale and a one-off. The first appearance will set the scene for what happens next. At the moment you have an interim order and not a final order and to get a final order you will usually have a hearing later on in four or more weeks depending on what state/city you are in. At the hearing, the court will see the DVEC (your video) statement. 
Sophia said
 I felt terribly sorry for put her through all of this. She is too innocent to understand all this and still happy everyday. But I am at the edge to collapse since the day they delivered avo. I had moderate depression two years ago, then I cured myself. But ever since this avo incident,  I have been thinking if they don’t withdraw avo next week, I will kill myself because it is extremely unfair and outrageous,I cannot spend the rest of my life in guilt and remorse
You might be making a big deal out of what is a fairly minor issue and working yourself up about this. [Although saying that we have no idea of what went on, 'a little physical', the circumstances, what the situation will be at home etc. so a simple post here is not adequate at all.] You should seek assistance from your GP and or helplines and or talk to the DVLO (Domestic Violence Liason Officer) at the local Police command. Your daughter will be at court this week and her solicitor will no doubt be working to have the matter removed. What does need to happen is some sensible discussion as you both may be continuing to live together. The Magistrate will certainly speak to her through her solicitor on the first court appearance.

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Post #54625 by Secretary SPCA on August 13th 2019, 9:23 PM (in topic “Anthony Walters”)

Anthony Walters:

What State/city are you in?

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Post #54623 by Secretary SPCA on August 13th 2019, 8:15 PM (in topic “Anthony Walters”)

Anthony Walters:

You could perhaps seek further mediation at a mediation centre or private mediator at a cost. They may be able to negotiate changes to make the orders more workable.

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Post #54622 by Secretary SPCA on August 13th 2019, 8:06 PM (in topic “Anthony Walters”)

Anthony Walters:

The operative word is 'Final'

Orders are made to be final. You cannot go back without a significant change of circumstances. If the orders are not working you may have an opportunity under the 'slip rule' if there is an error but that is rare after such a long time. You can also review forum posts around 'Rice v Asplund' which sets out the criteria to bring matters back.

The crafting of orders is an incredibly complex process that requires huge attention to detail to cover all of the sorts of issues you raise. We routinely spend significant hours on preparing these.

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Post #54620 by Secretary SPCA on August 13th 2019, 12:56 AM (in topic “Anthony Walters”)

Anthony Walters:

You talk about parenting plans to be changed then you talk about parenting orders.

Is it a parenting plan or a court order that you want to be changed? If Court orders when were these sealed?

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Post #54618 by Secretary SPCA on August 12th 2019, 4:46 PM (in topic “Submission of "Outline of case" as evidence to CSA / AAT allowed?”)

Submission of "Outline of case" as evidence to CSA / AAT allowed?:

Has the AAT matter been determined?

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Post #54612 by Secretary SPCA on July 27th 2019, 2:42 AM (in topic “Section 72A”)

Section 72A:

We know the law extremely well when it comes to Child Support matters. There are many questions in your posts that leave gaps. What sort of Company is it? Are you a  Shareholder, or Director and an employee? Are their other shareholders/directors employees? Do you pay weekly or fortnightly wages and are you paying PAYG.  How is your income structured? Regardless of protestations income is income at the source so if you are collecting rent from a rental property and it goes into any entity it is income to that entity. If the property is in your name it is your income. Regardless of what it is paying contemporaneously and or any other outgoings. ie mortgage. This is especially so if you simply use your current account through the company bank account to ebb and flow daily operating funds. It is simply a recipe for disaster to use the company (pty Ltd) account as a slush fund for daily expenditure OR any sort of entity. I have seen case after case where business owners or majority shareholders treat the operating account as their own when it is not. This gets you into strife with CS and with ATO.

The big question is what sort of arm's length transactions are going on. Are you simply creating entities and or conducting transactions through entities to avoid Child Support or to reduce amounts. Are you running a current account where you take lump sums from the company into your own personal account and operate your life expenses and repayments through that?  You cannot mix funds without significant problems.

The Realtor, in this case, was doing what they were instructed to do by CS  via the s72 notice. it seems via way of a garnishee order which CS issue many. Often they do issue them against the wrong entity. It was not their problem to query it but yours. Dumping the agent was hardly a reasonable approach as the order required them to deduct from rental income. The rent income would have gone into their consolidated rent account earmarked for you and been paid to your nominated account LESS the order amount. Are you suggesting that the Realtor rent receivable account was a shared or mixed funds account and as funds were mixed therefore your rental income was unable to be garnished?

Child support is straight forward where you have a PAYG based regular income. It becomes very problematic where you have rental properties, sole trader business arrangements, Pty Ltd or Offshore companies or any entity that generates income from multiple sources and where the Payer is not clearly defined through business accounting practice. Few Payers understand the impact of depreciation on calculations, and as well as a potential earning ability where CS consider payments are low and where the Payer (or the receiver in cases) has an ability to earn more.

If you want to write up the scenario and exact circumstances we will take a look at it. You can send a private post and attachment.

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Post #54611 by Secretary SPCA on July 27th 2019, 1:29 AM (in topic “Tax return and CSA”)

Tax return and CSA:

In the situation you are in I would have thought legal Aid could assist. Has that been explored?

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