Domestic and family violence often occurs as a pattern of violent, abusive or bullying behaviour towards a partner, former partner or family member to scare and control them. Domestic and family violence can happen to anyone, regardless of your gender, age, sexual orientation, culture, religion, education or occupation.  

 

What can domestic and family violence look like? 

Domestic and family violence can materialise in many, often subtle ways, including:  

  • Physical abuse 
    • Punching, hitting or kicking 
    • Strangulation and suffocation 
    • Throwing objects at you or in your direction 
    • Sexual assault 
  • Emotional abuse 
    • Puts you down  
    • Calls you names 
    • Makes you think you are crazy 
    • Makes you feel guilty or bad about yourself 
  • Using isolation 
    • Controls what you do or where you go 
    • Controls who you see and talk to, and for how long 
    • Uses excuses to justify their actions, including ‘I’m protecting you’ or ‘I’m only doing it because I’m jealous’ 
  • Minimising their behaviour 
    • Does not take your concerns seriously  
    • Blames you for the abuse  
    • Blames tiredness, stress, work, alcohol or drugs 
    • Denies actions ever occurred 
  • Using children 
    • Makes you feel guilty about the children, including calling you a ‘bad parent’ 
    • Uses the children against you or to relay messages 
    • Threatens to take the children away 
  • Financial abuse 
    • Prevents you from getting a job or forces you to quit 
    • Forces you to give them your wage or earnings 
    • Does not allow you access to cash or bank accounts 
    • Gives you an allowance 
  • Using male privilege 
    • Treats you like their servant 
    • Makes decisions that concern you without your input 
    • Limits your role to within the household 
  • Coercive and controlling behaviour 
    • Threatens to hurt you, hurt themselves or share intimate images if you take certain actions 
    • Makes you do illegal actions, such as buy drugs 
    • Makes you take out debt in your name or sign things you don’t understand 
    • Withholds medication or money  
    • Monitors you via GPS  
    • Goes through your phone, social media, emails, banks accounts or internet history 
  • Using intimidation or harassment  
    • Destroys or breaks property 
    • Abuses pets or children 
    • Makes you aware they have weapons in the house 
    • Makes you afraid by using looks, actions or gestures 
    • Follows you or turns up at your workplace 
    • Constant calls or texts  

A combination of these tactics is often used by an abusive partner to gain power and control over their victim. You don’t need to experience all of these types of abuse for it to be domestic and family violence 

 

What should I do if I know or if I think I am experiencing domestic and family violence?  

You should: 

  • Call 000 if you are in immediate danger. 
  • Tell someone like a close friend, doctor or support worker. 
  • Seek counselling options from a doctor or support worker. 
  • Document the violence in a notebook and by taking photos. 
  • Keep any police reports or records of your attendance at a doctor or hospital. 
  • Contact Marrickville Legal Centre’s Domestic Violence Support Service to make an appointment with our DV Support Worker. 

 

Contact

 Do you need to talk to someone? We can help. Submit an enquiry online or call Marrickville Legal Centre on 02 9559 2899. 

This factsheet contains legal information. It is not legal advice. The legal information is current as at 9 September 2022.

Marrickville Legal Centre’s Family Law Service answers common queries about separation and divorce in Australia. This factsheet contains legal information. It is not legal advice. The legal information is current as at 9 September 2022.

 

Separation – what happens when my relationship ends?  

When you and your partner initially separate, you do not need to sign anything to confirm your separation. This is the case whether you are legally married or in a de facto relationship.

However, if you are legally married and you want to divorce your partner, there are some steps you will need to take.

 

Divorce

Divorce is a legal end to a marriage. The Family Law Act 1975 (Cth) governs divorce in Australia. To be eligible to divorce your partner in Australia, you will need to meet the following requirements:

  • legally married; 
  • separated for at least 12 months; 
  • marriage has broken down irretrievably; 
  • care living arrangements have been made for children of the relationship under 18 years of age; 
  • you, as the applicant: 
    • are an Australian citizen, or 
    • live in Australia and regard Australia as you permanent home, or 
    • ordinarily live in Australia and have done so for at least 12 months before making the divorce application. 

 

Have you been married for less than two years? 

If the date of your marriage was less than two years before you are applying for divorce, you must attempt marriage counselling. Exceptions to this include where there are issues of domestic violence or you are unable to locate your spouse. 

Key terminology for divorce 

  • ‘Legally married’ 
    To meet the requirement of ‘legally married,’ you can have been married in Australia, or in another country. If you were married in another country, the marriage needs to be recognised in Australia.  
  • ‘Separated for at least 12 months’
    You can meet this requirement even if you still live in the same house as your former partner for part or all of the 12 month period. An example is where you both still live in the same house to co-parent, but you sleep in separate bedrooms.  
  • ‘Broken down irretrievably’
    This means that there is no chance of the relationship being repaired.  

Divorce Process

  1. Apply for a divorce order
    • Applications are made online via the Commonwealth Courts Portal (CCP) 
    • You can make a sole application (by yourself) or a joint application (together with the other party to the marriage) 
  2. Serve your spouse the sealed Divorce application 
    • ‘Serve’ your spouse means to give your divorce documents to your spouse to put them on notice that you are divorcing them 
    • Your spouse may do nothing, or they may oppose the application 
  3. Attend divorce hearing 
    • If the paperwork is in order and there are no issues raised by the parties or the court, the application is more likely to be granted
    • If the court identifies issues that are not able to be resolved on the day, the matter will be adjourned or dismissed to allow the parties time to rectify those issues 

 

About the Service of Divorce application

Can I serve my spouse myself?

  • You cannot serve your spouse yourself. You can have a family member or friend over 18 years of age serve your spouse, or pay the local sheriff or a process server to do it for you.
  • You must serve your spouse at least 28 days before the divorce hearing if your spouse is located in Australia. If your spouse is overseas, you must allow 42 days.

What documents do I have to serve?

  1. Sealed Application for Divorce 
    • You must serve the ‘sealed’ version of your divorce application on your spouse.
    • This refers to the version of your divorce application with the Court seal which is emailed to you and available on the CCP after you have submitted your online application.
  2. Acknowledgement of Service (Divorce)
    • If your spouse signs this document and returns it to you, you will also need to complete an Affidavit Proving Signature (Divorce).
    • If your spouse refuses to sign this document, the person who attempted service will need to complete an Affidavit of Service.
    • These forms can be downloaded from the Federal Circuit and Family Court of Australia’s website: https://www.fcfcoa.gov.au/fl/forms
  3. Any other sealed documents, if applicable
    • Examples: Application in Proceeding or Affidavit
    • If you and your former partner were separated under one roof, you will need to file the following:
      • If you are making a sole application, you will need to file an affidavit that explains to the court that there has been a change in the marriage despite the fact you and your former partner are still living together. An independent person such as a family member or friend should also file an affidavit about their knowledge of how your relationship has changed following separation.
      • If you are making a joint application, both parties will need to file an affidavit. If only one of you can do so, an independent person should also file an affidavit.
  4. Federal Circuit and Family Court of Australia (FCFCA) brochure on Marriage, Families and Separation

What if my spouse is in prison?

  • If your spouse is in prison, special rules for service apply.
  • You will need to know the name of Correctional Facility and your spouse’s Master Index Number (MIN)
    • If you do not know this information, contact Corrective Services in the relevant state.
  • You are not allowed to hand the divorce documents to your spouse yourself. You will need to mail the divorce documents to the person in charge of the Correctional Facility in which your spouse is located along with a letter requesting that person forwards those documents to your spouse.

What if I can’t find my spouse to serve them?

  • You can apply to the Court for a dispensation in service if you can prove that you have tried to find your spouse and have checked that they are not dead.
  • You will need to provide evidence of your efforts to find your spouse, so keep a record of the dates, times and avenues through which you have attempted to locate them.

How much does it cost to apply for divorce? 

It costs $990.00 to apply for a divorce. However, you may be eligible for a reduced fee of $330.00 if you hold certain types of Government Concession Cards. You may also be eligible for a reduction in fees if payment of the full fee would cause you financial hardship.  

 For more information on the three part test for financial hardship, visit Guidelines for reduced fee – divorce and decree of nullity application | Federal Circuit and Family Court of Australia (fcfcoa.gov.au). 

 

Contact

Need legal help? We can help. Submit an enquiry online or call us on 02 9559 2899. 

This factsheet contains legal information. It is not legal advice. The legal information is current as at 9 September 2022.

Volunteers are the lifeblood of Marrickville Legal Centre, whose hard work helps us connect people to justice. Last month (16-22 May) was Law Week NSW as well as National Volunteer Week. In the third installment of our VOLLIE VOX feature, Julia Lim reflects on her experience as a Client Intake Officer at Marrickville Legal Centre and why access to justice matters.

Julia, can you tell us about your role?

I’ve been volunteering as a Client Intake Officer (CIO) at the MLC front desk since mid-2020, which mainly involves being the first point-of-contact for anyone who contacts the centre seeking legal advice or assistance. As a CIO, I’ll speak with a client to determine whether we are able to assist with their matter, while asking questions to acquire key details about the issue.

We will make referrals when appropriate, but otherwise, if MLC has the capacity to assist, I’ll ensure that any relevant information is summarised as succinctly as possible for the intake notes, which will be referred to by the solicitor who is advising the client.

Our role as a volunteer is essentially to form a bridge between a client and the legal advice they need. Once we have placed a client on the relevant service’s callback list or booked an appointment for them, it’s therefore also our role to make sure that our intake notes are clear in communicating any of the client’s questions, requests, or concerns.

 

Why do you volunteer at Marrickville Legal Centre?

Things are always busy at MLC, which means that there is lots to do, with no two intakes being the same. As a volunteer, I appreciate being kept on my toes since there’s always more to assist with and learn from in each shift.

Volunteering at MLC also allows me to see how the law—which as students we mostly see through lecture slides and textbook pages—actually applies in various real-life situations, which is invaluable in widening my perspectives and understanding of the legal system as a whole.

I personally also appreciate the energy and efficiency that comes from working within the team at MLC. Yes, volunteers are given space and independence in terms of how they would like to communicate with a client and complete intakes, but we are also never made to feel that we need to deal with any given matter alone. Volunteers often ask each other questions, the Client Intake Supervisors provide guidance, and we can also ask the solicitors if we’re unsure about how to approach a certain issue.

This strong sense of collaboration stood out to me from day one, as everyone at MLC is ultimately working towards the common purpose of improving access to justice in our community. I’ve been grateful to be able to meet and work with so many wonderful people during my time here.

 

What do you love most about your role?

Although I’m certainly aware that there’s only so much I can do as one volunteer in each shift, I nevertheless love how in my role, every shift is an opportunity to help people in our community. The law and legal procedures are endlessly complex—no person should have to navigate that without guidance, or to feel that they’ve been left in the dark. Even if all I can do within my capacity is to point a client in the right direction through a referral, I’m grateful how being a CIO allows me to support someone in the journey towards resolving their legal issue.

 

Volunteering at MLC allows me to see how the law—which as students we mostly see through lecture slides and textbook pages—actually applies in various real-life situations, which is invaluable in widening my perspectives and understanding of the legal system as a whole.

 

What is a typical day like for you?

I’ll arrive at my shift and start by logging into any websites and tabs which will be referred to during the shift. This preparation is super helpful in ensuring that I can easily access key information, which in turn means I can (hopefully) assist clients as effectively and efficiently as possible over the phone.

Alongside four or so volunteers each shift, I’ll speak to people over the phone who have reached out to MLC. Given the high volume of calls received by the centre—especially since the onset of the COVID-19 pandemic—these days this mostly involves returning voicemails or following up on submitted web enquiries. With the assistance of the Client Intake Supervisor on shift, as well as MLC solicitors when required, I’ll triage and refer client’s matters as appropriate.

Once the process has been thoroughly repeated for a few intakes, before we know it, the morning shift ends and volunteers who are free will also grab lunch together! In terms of food options, we’re gratefully spoilt for choice in Marrickville.

 

What skills from law school have been most useful for you in this role?

Although it’s by no means one I’ve fully mastered, the skill of writing concisely and honing down to key details is one which has been drilled into me throughout law school. When writing intake notes, this is a skill that is useful in summarising information that has been provided by a client over the phone.

A broad sense of familiarity with the structure of our legal system and the differing categories of substantive law is also useful when completing intakes. Even though as volunteers we obviously cannot provide any legal advice, having a contextual or general understanding of the legal issues involved makes it easier when structuring intake notes and asking relevant questions to clients.

 

What have been the key highlights of your experience? What have been the most fulfilling parts?

I’ve already mentioned this, but I definitely can’t skip the highlight of meeting so many lovely people during my MLC shifts over the past two years! The volunteers or MLC solicitors that I’ve worked with have all been super friendly, willing to help when needed, and really generous with their time.

Personally, I have also found it really fulfilling whenever clients thank me for taking the time to listen, or for helping out with their matter. A particular highlight was when one client was kind enough to email positive feedback through to the centre to express their gratitude—it was reassuring to hear that I had been able to carry out my role well!

 

Everyone at MLC is ultimately working towards the common purpose of improving access to justice in our community.

 

What advice do you have for people who want to volunteer in a community legal centre?

Although I can only speak based on my time at MLC, I am sure it holds for any CLC that volunteering is an incredibly valuable experience. You don’t even need to know which future path you want to take in law—volunteering is incredibly fulfilling in itself, and if anything it’s made me approach the law with an even more open-minded perspective. I would say to not hesitate and absolutely go for it!

Do you want to join Marrickville Legal Centre’s frontline support as a volunteer? You can get involved in administration, law, client intake and governance.

 

Want to learn more about the Client Intake Officer role? Hear about Cassandra’s experience in another instalment of Vollie Vox here.

Marrickville Legal Centre employment solicitors answer your questions about your rights against discrimination at work. This factsheet contains legal information. It is not legal advice. The legal information is current as at 26 April 2022.

Discrimination 

Discrimination is treating one person because of an attribute, characteristic or circumstance they have, less favourably than another person because that person does not have the same characteristic or circumstance.

What are attributes of discrimination in the workplace?

Types of attributes can include, but are not limited to, a person’s:

  • Race
  • Age
  • Colour
  • Sex
  • Gender
  • Sexual orientation
  • Religion
  • Marital status
  • Pregnancy
  • Disability status
  • Ethnicity
  • Political opinions

What is discrimination in the workplace?

Discrimination in the workplace occurs when your employer or employee takes adverse action against you due to one of the above attributes. Taking adverse action for a discriminatory reason is unlawful.

Examples of adverse action are:

  • Firing an employee
  • Refusing to hire or promote an employee
  • Injuring employees
  • Altering a job description at the expense of the employee

Discrimination also occurs when:

  • Employees and employers make offensive comments about other workers attributes
  • Employees are made uncomfortable in the workplace due to one of their attributes or circumstance.

What actions do not count as discrimination?

There are some circumstances in a workplace that aren’t counted as discrimination. For example, if someone in their job position were making several mistakes at work and had their duties changed. This is not unlawful or discrimination, because the decision was based on their work performance, not personal characteristics.

Am I protected from discrimination at work?

All employees are protected from being discriminated against at work. This includes if your employment is:

  • Full-time
  • Part-time
  • Casual
  • Only for a specific task
  • An apprentice/trainee
  • Probationary

What can I do if I have been discriminated against at work?

There are multiple courses of action you can take depending on your circumstances.

  1. If possible, the first course of action is to notify your employer or HR manager of the discrimination and what actions you would like them to take.
  2. You may also submit an online enquiry to the Fair Work Ombudsman.
  3. Contact your Community Legal Centre to seek advice with an employment solicitor regarding what you should do in the circumstances.
  4. Contact the Australian Human Rights Commission on 1300 369 711.
  5. If you have been dismissed due to discriminatory reasons, you may lodge an application in the Fair Work Commission. You have 21 days from the date of dismissal to lodge your application. It is always best to get legal advice to confirm if you have been discriminated against.

If you feel you are experiencing concerns regarding discrimination in the workplace, solicitors at Marrickville Legal Centre can help you identify what you should do after being dismissed and help you to ascertain your desired outcome.

This factsheet contains legal information. It is not legal advice. The legal information is current as at 26 April 2022.

Legalbot ‘lite’ is live on mlc.org.au and ready for your enquiries!

Following a sharp rise in demand for legal assistance relating to COVID-19, Marrickville Legal Centre has brought forward testing and deployed our Legalbot ‘lite’ to help our community access our services.

Now it is easier than ever before to reach Marrickville Legal Centre’s solicitors, tenants’ advocates, and domestic violence worker.

Legalbot is a live chat service powered by artificial intelligence that users can interact with in real-time.

Legalbot ‘lite’ will help people in our community to understand their legal problems quickly and efficiently. The full functionality of LegalBot will be released later this year, which will <explain what full functionality will do>.

This service is one of the many ways that Marrickville Legal Centre is committed to innovating access to justice for vulnerable people. Legalbot will help our Centre to better manage inflow from the community, efficiently make appointments with our team, and offer legal information on low complexity matters.

Legalbot offers clients the information and documentation necessary to make informed legal decisions about their lives.

Originally due to launch later this year, our team have worked hard to bring the launch of Legalbot forward to lend extra assistance at a time when our community is in need.

Visit mlc.org.au and see the bottom-right of your page to talk to Marrickville Legal Centre’s Legalbot today.

This service is made possible by Access to Justice Innovation Fund from the NSW Government.

This factsheet outlines the types of renovations which can be done by an owner of a lot in a strata scheme.

All work is subject to the by-laws of your specific strata scheme, and any requirements under the Strata Schemes Management Act 2015 (NSW) and Strata Management Regulations 2016 (NSW).

There are three main types of renovations in a strata scheme:

  • Cosmetic works
  • Minor renovations
  • Major renovations

It is very important to follow the correct approval process before undertaking work. If a lot owner is unsure, they should always seek independent legal advice before proceeding. The owners corporation can seek removal of works and reinstatement of common property if your works are not appropriately approved.

Cosmetic Works

An owner of a lot can do cosmetic work without the approval of the owners corporation.

Cosmetic works may include, but is not limited to:

  • Installing or replacing hooks, nails or screws for hanging items on walls.
  • Installing or replacing handrails, laying carpet, built-in wardrobes, blinds or curtains, within a lot.
  • Interior painting.
  • Filling minor holes or cracks in internal walls.
  • Anything under which an owners’ corporation passes a by-law to declare other types of work as ‘cosmetic’, subject to any other by-laws, and the Strata Management Act and Regulations.

Minor Renovations

An owner of a lot can do minor renovations with the approval of the owners corporation. To get approval, an owner must make a written proposal at a meeting of the owners’ corporation, and the proposal must obtain a simple majority to pass.

The proposal seeking approval should include:

  • Any plans of the work.
  • When the work will be carried out (times and dates).
  • Qualifications and details of the tradespeople who will do the work.
  • Arrangements to remove or manage any rubbish from the renovations. The owners’ corporation can pass a by-law which allows the strata committee the ability to approve minor renovations, and pass by-laws which define particular types of works as minor renovations.

Minor renovations may include, but are not limited to:

  • Renovating a kitchen,
  • Changing recessed light fittings,
  • Installing or replacing wood or other hard floors,
  • Removing carpet,
  • Installing a reverse cycle split air conditioning system,
  • Reconfiguring internal walls.

NOTE: A cosmetic and minor renovation can become a major renovation in certain circumstances. If your cosmetic or minor renovations change the external appearance of your lot, involve structural changes or waterproofing, or require consent from your Local Council, then it may be a major renovation.

 

For example, if an owner is renovating their lot bathroom and the work involves waterproofing, it can be considered to be a major renovation.

Major renovations

Any works which are major renovations must be approved by way of a special resolution vote by the owners’ corporation.

Major renovations may include, but are not limited to:

  • Structural changes,
  • Waterproofing,
  • Changes affecting the outside appearance of the property such as roof or balcony works,
  • Work that needs approval under other laws (e.g. council approval).

If the vote passes and the work involves altering the structure of a lot, the owner must give the owners corporation at least 14 days written notice before the work starts. This should describe the proposed alteration.

Works approved under a common property rights by-law

Any major renovations approved by way of a common property rights by-law requires a special resolution and the drafting of a by-law related to the proposed works.

The grant of this by-law also requires the prior written consent of each owner on whom the by-law confers rights or special privileges. A common property rights by-law will also address the maintenance and repair obligations of the relevant part of common property.

Work changing common property

Any work that involves adding to, altering or erecting a new structure on common property for the purpose of improving or enhancing the common property requires a special resolution.

I caused damaged to the common property when renovating my lot! What might happen?

The owners corporation can make an application against a lot owner to the NSW Civil and Administrative Tribunal (NCAT) to fix the damage, or to pay the owners corporation for the cost of repairs. This can include further insurance and legal costs.

What happens if my works are not approved and/or the by-law is not passed?

In such cases, it may be necessary for the lot owner to apply to NSW Fair Trading mediation at first instance to resolve the issue. If mediation is not successful, the lot owner may need to apply to the NSW Civil and Administrative Tribunal (NCAT) seeking appropriate orders.

I have already carried out the work without approval. What do I do?

In such cases, it may be necessary for the lot owner to apply to NSW Fair Trading mediation at first instance to resolve the issue. If mediation is not successful, the lot owner may need to apply to the NSW Civil and Administrative Tribunal (NCAT) seeking appropriate orders.

Disclaimer
  • This factsheet does not consider the different requirements that may apply in certain strata schemes that have adopted different by-laws.
  • This factsheet is general legal information and not legal advice. The currency and accuracy of this fact sheet should be checked by obtaining independent legal advice.
  • This factsheet does not represent an exhaustive list of all approvals which may be required. One should consider any other approvals required such as statutory approvals (for example, development consent).