Covid-19 Updates & News

01 April 2020
Butlers Blog
Covid-19 Updates & the Law
These are unprecedented times.  We are witnessing and possibly experiencing widespread job loss and isolation.  As people do their best to cope with the changes around them, this has been ac...
25 March 2020
Covid-19 Updates & the Law
Butlers Blog
Now, let’s get straight to the point….. There is no need to explain the potential impact of COVID-19 on the economy. It has already been seen around the world with a significant impact on share prices...
07 April 2020
Covid-19 Updates & the Law
Butlers Blog
For many people, COVID-19 has caused a great deal of uncertainty in areas that they previously regarded as stable: their income, the value of their assets, their ability to travel and even their abili...

Butlers News

All data and information provided on this site is for informational purposes only. The Butlers Blog makes no representations as to accuracy, completeness, currentness, suitability, or validity of any information on this site & will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis.

Financial Agreements because 'Sometimes it Lasts in Love but Sometimes it Hurts Instead'.

Adele has been trending lately, for two reasons.  The first being her extreme weight loss, which is not the topic of this blog, and the second being her divorce and property settlement.

Continue reading
7
  189 Hits
189 Hits

Why is this Still Happening in 2020!? - An Open Letter on Domestic Violence in Australia

Sadly, domestic violence can affect everyone, men, women and children and can leave scars that may take a lifetime to heal. Domestic violence comes in many forms ranging from physical attempts to harm to intimidation, control and manipulation. 

Continue reading
5
  178 Hits
178 Hits

The Future of Electronic Signatures on Wills in WA

You may have read some of our other recent blogs about how to sign your Will during COVID-19, when to review your Will, and the importance of having a valid Enduring Power of Attorney and Enduring Power of Guardianship.

Continue reading
6
  33 Hits
33 Hits

International travel and children in the current and post-Covid-19 world

It is no surprise that the COVID-19 pandemic has affected Australians in ways that could never have been predicted.  From the immediate closure of our favourite restaurants, bars and clubs to the crippling and devastating effect it is having on our economy, our health, both mental and physical and our social lives.  

Continue reading
8
  206 Hits
206 Hits

A Post Pandemic Legal System

As a result of COVID-19 and the strict social distancing laws, the Courts have had to change and modernise many of their procedures.

Some of the changes the Courts have made include:

  1. Electronic filing of some Court Documents;
  2. Posting originals of Documents for filing;
  3. Hearings being conducted over the telephone or by video;
  4. Allowing Documents to be served via email; and
  5. Enabling Restraining Order Applications to be lodged online.
Continue reading
11
  254 Hits
254 Hits

LGBTI Domestic Violence Awareness Day - #ImHereForYou

LGBTI Domestic Violence Awareness Day - #ImHereForYou

Today is Australia's first LGBTI Domestic Violence Awareness Day.

This day has been established, with the support of the Prime Minister, to acknowledge those within LGBTIQ+ communities who have been victims of domestic violence.

According to recent studies, up to 62% of LGBTIQ+ people have experienced domestic violence in their relationships. However, the instances of violence being reported to the police are still incredibly low. 

Continue reading
13
  348 Hits
348 Hits

Oops I Did It Again... When do I review my Will?

I recently received a notification that I have used 75% of my iCloud storage.  After a bit of digging I found several, dare I say “never seen before” videos, photos, and memes.  Of course, a lot of them were Covid-19 related and were instantly deleted.  Jokes about gaining weight during lockdown were obviously also very popular.  

Continue reading
16
  269 Hits
269 Hits

Business Planning - from surviving to thriving

In recent weeks small businesses have been hit hard by the Federal Government restrictions in reaction to COVID-19.  Doors were shut overnight, and businesses were forced to adapt and adjust their trading systems in the blink of an eye, or risk becoming insolvent.

Continue reading
11
  304 Hits
304 Hits

Tiger King: Murder, Mayhem, Madness… and MISCONCEPTIONS!

(Spoiler Alert – Proceed with Caution!)

Tiger King is the must-watch Netflix crime documentary of the year. However, it’s characters and content have caused much controversy with its exploration of Big Cat breeding, and the mayhem arising from the eccentric characters of its inner circles.

Continue reading
11
  434 Hits
434 Hits

COVIDSafe – Are you?

In the first 24 hours of its launch, the Australian Government’s COVIDSafe Application was downloaded by more than 2 million users. 
Continue reading
16
  443 Hits
443 Hits

Reconciliation and what it means in Family Law - Part 3

RECONCILIATION AND DIVORCE

Following the first 2 Parts of our Reconciliation Series, this blog now explores the impact of reconciliation and divorce. 
Firstly and most importantly, where parties were married for less than 2 years, section 44(1B) of the Family Law Act requires them to “have considered a reconciliation” with the assistance of a specified person or organisation prior to applying for a divorce.
Continue reading
6
  33 Hits
33 Hits

Reconciliation and what it means in Family Law - Part 2

RECONCILIATION AND PROPERTY PROCEEDINGS

Hopefully you have read Part 1 of our Reconciliation Series, which explains the court’s obligation to consider the possibility of parties reconciling.  If the court considers that there is a reasonable possibility, it may adjourn the proceedings so that the parties may explore this. 
Continue reading
6
  135 Hits
135 Hits

Reconciliation and what it means in Family Law - Part 1

Thanks to the current social-distancing regulations, many of us find ourselves spending most, if not all, of our time alone. 

Continue reading
15
  326 Hits
326 Hits

Ideas to entertain your children during lockdown

For many of us, spending prolonged days isolated at home with our children is not the norm. With majority of entertainment venues closed and with strict social distancing rules, you may be finding that your beloved children are driving you a little insane. 

Continue reading
18
  17046 Hits
17046 Hits

George Pell, Bombshells & Evidence in the Family Court

Yesterday, 7 April 2020, the High Court handed down it’s decision granting Cardinal George Pell’s application for special leave and unanimously acquitting him of his conviction for child sexual abuse, which was previously upheld by the Supreme Court of Victoria.  Most of you will be familiar with this high-profile case and the December 2018 conviction that resulted in George Pell’s sentence of six years imprisonment, with a non-parole period of three years and eight months. 
 
Following the Supreme Court of Victoria’s decision, Cardinal Pell’s lawyers appealed to the High Court of Australia, arguing that the Appeal Court failed to take proper account of evidence which cast doubt upon his guilt.  On appeal, the High Court stated that the Victorian Court of Appeal judges “failed to engage with the question of whether there remained a reasonable possibility that the offences had not taken place”.  Furthermore, the High Court found that other witnesses’ evidence was “inconsistent with the complainant’s account”. 
 
In essence, the High Court found that there were flaws and inconsistencies in the evidence provided. As a result, the High Court found that the jury should have had reasonable doubt that the events could have occurred, or did occur, in the manner alleged. 
 
Generally, a Court will give consideration to two primary factors when reaching a decision:
  • Firstly, the relevant legislation;  and
  • Secondly, the facts presented which are relevant to the matter at hand, how those facts apply to the relevant legislation, and whether or not those facts share common traits with case law.  
 
The facts and documents which the parties present to a Court, (in other words, their evidence), is the basis upon which Court decisions are made.  However, there are strict rules for what is, and is not, admissible as evidence in Court.  These rules are designed to ensure the proper administration of justice and, especially in criminal matters, avoid wrongful conviction.  
 
In the Family Court of Western Australia, decisions are made by Judicial Officers, not a jury.  Judicial Officers are aware of the rules of evidence and what evidence may be admissible.  Lawyers often argue about the admissibility of evidence, and the Judicial Officer decides whether or not it is admissible.  This is different to criminal matters before a jury, where the Trial Judge provides direction to the jury about how the evidence is to be considered.  Despite this direction from the Trial Judge, juries may still be swayed by having heard evidence which Judges may find is inadmissible. 
 
However, given the personal nature of Family Law matters, it may not be possible for the rules of evidence to be applied.  Therefore, the Family Court adopts a more relaxed and flexible approach to the admissibility of evidence.  Judicial Officers utilise broad discretion as to what may or may not be admitted as evidence.  This approach within the Family Court is often confusing and frustrating for parties, practitioners, and those unfamiliar with the Court and the presiding Judicial Officer’s role.  
 
If you are involved in Family Court proceedings, it can relieve a lot of this frustration and stress if you have a basic understanding of the differences between how the Courts function.  It is worth your while to consult with your lawyer to discuss, understand and agree about how your evidence is best presented to the Court to gain the best result in your case. 
 
Contact us today to speak with our experienced and skilled Legal Team. 
22
  433 Hits
433 Hits

The Sparks of Covid-19. How Do I Sign My Will?

The Coronavirus has sparked an increased fear of dying.  Over the past few weeks we have been flooded with instructions to draft and to update Wills.  

Continue reading
25
  27112 Hits
27112 Hits

COVID-19 and the Effect on Existing Orders:

For many people, COVID-19 has caused a great deal of uncertainty in areas that they previously regarded as stable: their income, the value of their assets, their ability to travel and even their ability to maintain social connections.

Continue reading
21
  41769 Hits
41769 Hits

EPA's & AHD's for Uncertain Times with COVID-19

It is encouraging to see young people taking the initiative to ensure that they have up-to-date Wills during the uncertainty we’re facing caused by the Covid-19 Pandemic.  However, it would be even more encouraging if all age groups took this initiative to review their Wills, and at the same time to appoint an Attorney and a Guardian, and to record your wishes regarding preferred medical treatment. 

Continue reading
23
  42437 Hits
42437 Hits

Domestic Violence and Covid-19

These are unprecedented times.  We are witnessing and possibly experiencing widespread job loss and isolation.  As people do their best to cope with the changes around them, this has been accompanied by a surge in domestic violence. 
 
Continue reading
23
  47018 Hits
47018 Hits

Part 3: Property proceedings during the COVID-19 pandemic

Now, let’s get straight to the point….. There is no need to explain the potential impact of COVID-19 on the economy. It has already been seen around the world with a significant impact on share prices, property values, superannuation and employment. This will have an impact on Family Law Property proceedings. 

Continue reading
24
  54868 Hits
54868 Hits