Don’s Family Law Blog

An insightful article on news.com.au.  Many men have told me of complaining to the police about their partner’s domestic violence only to find the Domestic Violence Order is placed on them and not their partner.

There is a systemic bias, particularly at the prosecution stage, against male victims of, or alleged perpetrators of domestic violence.

Special Counsel, Adam Cooper was recently interviewed by Richard Szabo for Legal Business Online Magazine.

Adam gives his views on the proposed changes to defacto legislation and its possible flow-on effect for companies and third parties.

 To read the article, click here

 The AVO (DVO in Queensland) sought by police to protect Leaguie, Greg Bird’s girlfriend has remained in place despite her pleas to be reunited with Greg  (article).

Police are well aware of the domestic violence cycle.  Violence - guilt - contrition - “honeymoon” make up - violence.  Police often try to intervene in this cycle by insisting on the continuation of a protection order.  Many violent relationships are built on significant power imbalances and it can be easy for the vulnerable victim to be seduced back.  Police also need to be politically savvy and ensure they have taken no steps which could result in further violence.

This is all laudable, but where does this put Greg Bird and his girlfriend?  How far should the State intervene in a private relationship?

What happens when one party has all the resources at their disposal, and the other has no available funds to meet their legal costs?

In certain circumstances, a `Hogan Order’ can be applied for.  In 1984 I represented Mrs Hogan after which the order is now named.  Where a matter is complex and will involve forensic accounting of trusts and other company entities, funding an application for property settlement can be very costly. If one party has control of the assets and resources and the other insufficient resources to fund an application then that party would disadvantaged in seeking a just and equitable property settlement.  A Hogan Order can redress this inequity and provide both parties the opportunity to put their best case forward. 

An example of a Hogan Order in action is the case reported on smh.com.au (Split’s a money pit).  If the reporting of the assets of the parties is anywhere near accurate, I would anticipate the husband is in for a fall. It’s very hard to hide assets other than cash.

Apparently a “divorce gene” has been discovered (full article).

It has been said “when poverty comes in the door, love flies out the window”.  For Queensland, at least, this is wrong.  It has been reported in the Brisbane Times that there has been approximately a 9.2% decrease in the divorce rate of Queenslanders from 2006 to 2007 and that “it may be money keeping couples together rather than love”.

My experience tells me that in poor economic times the bonds tighten and there are fewer separations.  Good times lead to a feeling of well being.  The expanding economy provides security and a belief that you can `go it alone’.