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News & Resources

One tequila, two tequila, three tequila, floor…
Being the Silly Season, life’s going to be full of parties, alcohol and general craziness for the next month. We thought we’d put together a little Q & A session with one of our solicitors about drinking and driving.  Q: What is drink driving or Driving Under the Influence (DUI)? A: Drink driving is driving whilst under the influence of alcohol. Every drop of alcohol that you consume increases your Breath Alcohol Concentration (BAC). This is what is tested when you have a breath or blood test. Q: Why is drinking alcohol and driving a problem? Alcohol reduces your ability[...]
Life is so uncertain
Life is so uncertain, so eat dessert first and make a Will! The benefit of your retaining a Will is that you can predetermine what will happen to your dependants and your assets upon your death. It is highly recommended that every adult have a functional Will. As circumstances change, you should update your Will to best reflect your current intention for the division of assets and care of dependants. What happens if you have a a Will and you’ve separated from your partner? If you are separated from your partner but are not yet divorced, your Will remains unaffected[...]
We don’t need a lawyer… or do we?
  We have agreed on what’s going to happen we don’t need lawyers, or do we? After separation, any agreement that parties reach, in relation to children or property, is not legally binding . Until it is put into the form of Consent Orders and sealed by the court. Even if you enter into a parenting plan at mediation, this is not legally binding and either party can change their mind at any time. For peace of mind and security, engage a lawyer to assist. Lawyers can help with the process of assessing, writing and finalising your Consent Orders to ensure[...]
Legal Duo Does it with Style
 LEAVE IT WITH US No legal problem is too tricky for husband-and-wife law firm owners Michael and Sandra Clive. After Michael started working at a firm where Sandra was Managing Partner, Sandra and Michael didn’t know they would end up partners in practice and in life but with their shared values, goals and interests, it’s no surprise that they are such a successful duo. “My mates tease me that “I ‘married the boss’ when they hear I used to work for Sandra” Michael laughs. “In 2009, we bought highly respected law firm Crosby Brosnan and Creen, which I operated while[...]
5 Tips for a Pain-Less Separation
5 Tips for a Pain-Less Separation   1. Remember your children You’re angry, you’re hurt but you’re still a parent. Whatever the reasons for your divorce or seperation, your children are not the cause. Be a role model and show your children that they are going to be okay. If you can’t do it for yourself, do it for your children. If the separation is managed well the children may even learn how to make good choices, build resilience and deal with difficult situations. 2. Don’t be afraid to ask for help Whether it’s finances that have you in a[...]
Grandparents, grandchildren and divorce

More and more grandparents are coming forward as the “forgotten victims” of parental relationship breakdowns. In some cases they are being deprived of a meaningful relationship with their grandchildren as a result of a divorce.

Grandparents do not have an automatic right to see or care for their Grandchildren.  They do however, have a right to apply to the court for a parenting order if they want access to or custody of their grandchildren. The Family Law Act (“the Act”) recognises that children have the right to maintain regular communication with those who are considered important to their welfare, care, and development. The Act specifically refers to grandparents as being people with whom the children should maintain contact.

If the parents are unwilling to grant the grandparents visitation time, grandparents can invite the children’s parents to meet with a child psychologist or to participate in mediation before making an application to the Family Court of Australia. The court will grant an order based on the best interests of the children. In reality, if a grandparent wants to spend time with their grandchildren, the court is likely to order limited time with the grandparents.

In circumstances where parents are unwilling or are unable to care for the children, it may become necessary or desirable for grandparents to apply for access to or custody of their grandchildren. The court will need to be satisfied that the parents cannot meet the needs of the children. Where there is evidence of abuse, neglect or substance abuse the court is more likely to grant an order in favour of the grandparents. The order can either give the grandparent full custody of the children or shared custody with the parent.

In deciding whether it is in the best interests of the child to be placed into the grandparent’s care, the court will refer to a number of different factors such as:

  • The need to protect the child’s psychological or physical safety;
  • The benefit of the child having a relationship with their parents and grandparents that is meaningful;
  • The kind of relationship the child has with the parents and grandparents;
  • Whether the child is financially supported;
  • The likely effect of change on the child;
  • Whether there is evidence of any family violence; and
  • Any views of the child if they are old enough and mature enough to convey relevant views.

The courts are supportive of grandparents who can show that they are acting in the best interests of their grandchildren. The important thing is for grandparents not to give up. Always attempt to maintain communication and make sure your grandchildren know your door is always open.

For More Information contact Sandra Clive or Paul Davis at CBC Lawyers on 07 4772 3644 or cbc@cbclawyers.com.au

All Aboard – Or not!
When one parent isn’t on board with a child’s Passport Application. With airfares to popular family destinations such as Fiji, Bali and Japan costing less than a flight to Brisbane (thanks Jetstar!) we can get a little impulsive. It is not surprising that the Mums and Dads of Australia are looking overseas for somewhere to relax, after the stress of a relationship breakdown. But what if your child doesn’t have a Passport? Unless there is a Court Order from the Federal Circuit Court of Australia or the Family Court of Australia, granting one parent sole parental responsibility of the child or children, then[...]
Discount Same Day Wills at Richmond Field Days
CBC Lawyers at the Richmond Field Days CBC Lawyers (Crosby Brosnan & Creen) have been solving the legal problems of their rural clients for more than 35 years. With experienced lawyers practicing in all areas, CBC can solve any legal problem that you have, no matter how big or small. This year at the Richmond Field Days, Michael and Sandra will again be offering something that lawyers generally never do – discount legal advice. If you drop in to the CBC tent at the Field Days (right beside the bar), Michael or Sandra will take instructions from you for simple[...]
Natural Disasters and Conveyancing
In Queensland, for conveyancing, time is of the essence meaning if a party fails to settle on the Settlement Date (the agreed date on which the Buyer pays the Balance Purchase Price to the Seller in exchange for title to the Property), then the other party may be entitled to terminate the Contract and claim damages. Standard condition 6.2 of the REIQ Contract for Houses and Residential Land 13th Edition states that time for the performance of the parties’ settlement obligations is suspended and ceases to be of the essence of the Contract and the parties are deemed not to[...]
Workplace Bullying
Workplace bullying is when a person or group of people say or do things to you in the workplace that are unreasonable, repeated and create a risk to your health and safety at work. Unreasonable Unreasonable behaviour is behaviour that a reasonable person, having regard to the circumstances, may see as unreasonable. In other words, it is an objective test. Repeated There is no specific number of incidents required for the behaviour to be “repeated”, provided there is more than one occurrence, nor does the same specific behaviour have to be repeated. Risk to health and safety Proof of actual[...]