Author: bc-lawyers

25 Jun

Posted at 16:12h in General

In many separations, children find themselves caught between their parents, and it is well documented that prolonged exposure to parental conflict can have a significant impact on their wellbeing. The ability to properly communicate with your former spouse in relation to parenting matters is critical in promoting your child’s best interests, and luckily modern technology is making communication between separated parents easier. There are several apps on the market designed to assist parents. Using an App to communicate with your former spouse can have significant advantages over older methods. Many parents that find it difficult to communicate directly have relied on a "communication book". The book is generally passed between the parties at handover of the children, often by the children themselves. Unfortunately the communication book may not always work as intended, and some potential issues include: Children may realise that the book being regularly passed between their parents is about them, only serving to highlight the dispute between them. Children may read the book. Writing abuse, swear words, and/or other aggressive messages about each other in the book is a trap that disgruntled parents often find hard to resist. The book may also end up in front of a judge,...

25 Jun

Posted at 14:24h in Collaborative Practice, Family Law, General

Free Relationship Breakdown Seminar Our next Free Relationship Breakdown Seminar is running on the 18th of July 2018! Have you booked your spot? Our team of Adelaide family lawyers can advise you of your rights in relation to all aspects of a relationship breakdown. We encourage you to discuss your concerns with us so that we may assist you to develop solutions. Our family lawyers consider that when parties separate or their relationship breaks down, the type of process they use to resolve any dispute will have a big impact on the outcome. Not all matters need a heavy hand. Not all matters need the huge expense and long delays that come with Court based processes. Most parties are better off – especially if they have children – using Mediation or Collaboration. We are committed to assisting parties to learn about the options available and what they look like. We run free seminars in our Sturt Street premises each month. Come along on to our next free family law seminar on Wednesday the 18th of July 2018 between 5-6pm to meet and talk to a family lawyer about relationship breakdown solutions. Book your spot today! Call us on 08 82121322 to reserve a spot or to...

01 Jun

Posted at 10:47h in Commercial Law

We're wishing our own Eugene Reinboth a big congratulations for being one of the very few solicitors recognised by Doyles Guide as a leading solicitor practicing in both contentious and non-contentious intellectual property matters within the South Australian legal market Doyles guide develops a guide to lawyers each year based on independent research. Upon conclusion of the research stage, individuals and firms are ranked according to volume and quality of positive feedback.  The distinction between tiers of firms and bands of individuals is performed by way of editorial discretion. More information on Eugene Reinboth and his specialist areas can be found below. Areas of Practice Business & Contract Law Commercial & Property Law Intellectual Property Franchising Building and Construction Wills & Estates Licensing, Gaming & Hospitality   About Eugene Eugene joined Belperio Clark in 2009. In addition to his Law degree, Eugene holds a Masters of Business Administration from the University of Adelaide and a Masters of Intellectual Property Law from the University of Melbourne. Eugene has an enormous amount of experience across several areas of practice. Before joining Belperio Clark, he ran his own firm, ‘Reinboths – Business and Intellectual Property Law’ and before that enjoyed working as the managing partner of a long-standing Adelaide law firm. As well...

29 May

Posted at 12:18h in Commercial Law

Written by Eugene Reinboth The High Court recently rejected an appeal by Valve, a US-based company involved in online sales of computer games in Australia. Valve were appealing a three million dollar penalty for non-compliance with the Australian Consumer Law ("ACL"). Despite Valve only having an online presence and no retail outlets in Australia, the critical issue was that sales were to Australian consumers. Valve incurred a $3 million penalty for non-compliance. Your rights as an Australian consumer as protected by the ACL. The ACCC provides this summary of the ACL, which since 2011 has ensured consumer guarantees on products and services. Products Products must be of acceptable quality, which factors in what would normally be expected for the type of product at its cost. For products to be of acceptable quality, they must: Be safe, lasting, and with no faults. Look acceptable Do all the things you would normally expect them to do. Products must also: Match descriptions made by the salesperson on packaging, labels, and in promotions or advertising. Match any demonstration model or sample you asked for. Be fit for the purpose the business told you it would be fit for, and for any purpose that you made known to the business...

25 May

Posted at 11:42h in General

  Eugene Reinboth This is one of the many lovely reviews we've received about Eugene Reinboth. Keep reading to find out more about Eugene. Areas of Practice Business & Contract Law Commercial & Property Law Intellectual Property Franchising Building and Construction Wills & Estates Licensing, Gaming & Hospitality About Eugene Eugene joined Belperio Clark in 2009. In addition to his Law degree, Eugene holds a Masters of Business Administration from the University of Adelaide and a Masters of Intellectual Property Law from the University of Melbourne. Eugene has an enormous amount of experience across several areas of practice. Before joining Belperio Clark, he ran his own firm, ‘Reinboths – Business and Intellectual Property Law’ and before that enjoyed working as the managing partner of a long-standing Adelaide law firm. As well as representing individuals, Eugene acts for companies, small businesses, partnerships, franchisors, franchisees, not for profit organisations, restaurateurs, landlords and tenants. He also regularly represents owners and builders in disputes arising from building and construction contracts. Eugene speaks and writes Hindi and has a good understanding of India’s culture and business environment. Over the years, Eugene has tutored and lectured in various law subjects. He currently lectures in Corporations Law at Federation University’s Adelaide Campus. In his spare time, he...

23 May

Posted at 14:20h in Family Law, General

  Written by Bev Clark  At the beginning of a relationship, when both parties have love in their hearts and rose coloured glasses firmly planted on their face, neither party is anticipating the possibility that the relationship may fail. The reality is however, that a high proportion of relationships will indeed fail. The most common reasons for failure, not necessarily in order, are: Financial Incapacity – Not everyone has the same relationship with money, and if parties to a relationship are incompatible in this regard it is not surprising that it can be a source of contention in a relationship. If one party lives for the moment and spends what they earn and the other party prefers to live frugally and within their means, saving funds for the future, then arguments are going to ensue. In the ideal world, couples will have discussed their financial goals and have a good understanding of their financial habits prior to making a commitment to each other. Often, however, they do not openly discuss these things and only discover the incompatibility when the relationship is underway. Addiction – Addiction comes in many forms. It could be illegal substances, alcohol, pornography, gambling or prescription medication. It could be an obsession...

19 Apr

Posted at 14:35h in Collaborative Practice, Family Law

Parenting - Best interests of the child Written by Bev Clark  As a parent, your primary concern is the best interests of your children. In a family breakdown, the Family Law Act requires the Court to regard the best interests of the child as the most important consideration. The Act makes it clear that both parents are responsible for the care, welfare and development of their children until they reach 18, and there is a presumption that arrangements that involve shared responsibilities and cooperation between the parents are in the best interests of the child. In deciding what is in the best interests of the child, the Court takes into consideration: The benefit of children having a meaningful relationship with both parents; The need to protect children from physical or psychological harm from being exposed to family violence or neglect; The views of the child, and factors that affect those views, such as the child’s age and maturity; The child’s relationship with each of the parents and extended family; The willingness and ability of each parent to facilitate and encourage a relationship between the child and the other parent; The likely effect of the child’s changed circumstances, including separation from a parent or a person...

28 Feb

Posted at 16:09h in Family Law, General

  The recent article found on news.com as listed below has struck a particular note with our family law team. http://www.news.com.au/national/south-australia/engage4changesa-australian-institute-of-health-and-welfare-report-shows-extent-of-domestic-violence-across-australia/news-story/aab32fdde24993771ca49701487418dc Sadly, family or domestic violence is an issue that our family lawyers encounter on a regular basis. This article highlights the extent of family violence across the country and confirms that it is not something that just affects adults with apparently over 25,000 children either living homeless or at risk of homelessness as a result of family violence. Whilst it is mainly women and children who are victims of family violence, we also see a lot of men who have been abused by their partners, or who require assistance as a result of having been accused of family violence. At Belperio Clark, we appreciate the sensitive nature of matters involving family violence. If you or someone you know needs legal assistance with a family law matter involving family violence, please do not hesitate to contact us on 8212 1322. To learn about our other family law services, please visit our family law page....

20 Feb

Posted at 17:38h in General

A recent article titled '‘My life is shattered’: Guarantor warning as Sydney man forced to sell his mum’s flat to pay out ex-wife" posted by news.com.au serves as a reminder of the risks that can occur for parents who use their home as security for their son or daughter’s loan. In this case, the mother’s house may have to be sold with half the proceeds to go to her son’s ex-wife. Most banks today will typically require a 20% deposit for a home loan, which can be a significant hurdle for first home owners. Many banks will reduce the deposit required provided that you receive additional security – this often comes from parents. The child’s current income is important to the payment of the loan of course, but it is not the only factor. Detrimental events can occur, for example: A new business or project not succeeding. The loss of their job. Divorce. Unexpected events such as gambling addictions. Permanent physical impairments caused by strokes or car accidents which lead to significant on-going medical expenses. A change in bank policy which may result in the bank forcing them to refinance. A sudden drop in the value of the child’s house. When such events...

20 Feb

Posted at 17:31h in Family Law

Our next Relationship Breakdown Seminar is running on the 21st of March 2018! Have you booked your spot? Our team of Adelaide family lawyers can advise you of your rights in relation to all aspects of a relationship breakdown. We encourage you to discuss your concerns with us so that we may assist you to develop solutions. Our family lawyers consider that when parties separate or their relationship breaks down, the type of process they use to resolve any dispute will have a big impact on the outcome. Not all matters need a heavy hand. Not all matters need the huge expense and long delays that come with Court based processes. Most parties are better off – especially if they have children – using Mediation or Collaboration. We are committed to assisting parties to learn about the options available and what they look like. We run free seminars in our Sturt Street premises each month. Come along on to our next free family law seminar on Wednesday the 21st of March 2018 between 5-6pm to meet and talk to a family lawyer about relationship breakdown solutions. Take a look at Erica and Bev’s professional profiles for insight into our experienced family law team. Call us on...

Contact
close slider

Contact us