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Except as otherwise provided in a written agreement signed by O'Sullivan Law, these Terms of Use represent the entire understanding between you and O'Sullivan Law and our related companies (collectively, “O'Sullivan Law”) regarding your use of http://www.osullivanlaw.com.au/ (the “Site”) and your submission of any materials to us.
By accessing the Site, you signify your acceptance of these Terms of Use and your acceptance of the Privacy Policy.
O'Sullivan Law reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.
Disclaimer
O'Sullivan Law provides the site and its services on an “as-is” basis. O'Sullivan Law makes no representations or warranties of any kind, express or implied, including without limitation those related to: (1) the operation of the site; (2) the information, content, materials, or services included or described therein; and (3) any application or information submitted to us through the site. To the fullest extent permitted by applicable law, O'Sullivan Law disclaims all warranties, express or implied (including but not limited to implied warranties of merchantability and fitness for a particular purpose), regarding the site, including without limitation warranties related to the operation of the site, the information, content, materials, and services described therein, and any information or applications submitted through the site. Without limiting the foregoing, O'Sullivan Law does not warrant that the site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that the site is free of viruses or other harmful components. O'Sullivan Law does not warrant or make any representations regarding the use of the materials on the site or the services described therein.
Limitation of Liability
In no event shall O'Sullivan Law be liable for any indirect, special, incidental, or consequential damages, including without limitation lost profits, loss of use, business interruption, or loss of data, arising out of or relating to the site, the operation of the site, any application or information submitted to us through the site, and/or the services described therein, even if O'Sullivan Law is expressly advised of the possibility of such damages. O'Sullivan Law’s liability to you or any third party in any circumstance is limited to a maximum of $100.
Links
The Site may contain links to other web sites on the Internet that are owned and operated by someone other than O'Sullivan Law. O'Sullivan Law provides these links solely as a convenience. The appearance of a link does not imply O'Sullivan Law’s endorsement, nor is O'Sullivan Law responsible for the content of any linked site. You access linked sites at your own risk.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein.
General Proprietary Rights
The Site is owned by O'Sullivan Law and contains material that is derived in whole or in part from O'Sullivan Law and other sources. The Site and their contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without O'Sullivan Law’s express written permission.
Copyright
All site design, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of O'Sullivan Law, or their content suppliers, and are protected by Australian and other international copyright laws, © 2017 O'Sullivan Law ALL RIGHTS RESERVED. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other material on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use of the materials appearing on the Site is in violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
Trademarks
The O'Sullivan Law is a trademark of O'Sullivan Law and related companies. It may not be used in connection with any products or services other than those products or services offered by O'Sullivan Law or related companies, in any manner that is likely to cause confusion, or in any manner that disparages or discredits O'Sullivan Law or related companies. All other trademarks are the property of their respective owners.
Notice of Potential Infringement
To notify O'Sullivan Law of any suspected infringement, please contact us via our contact us form/s.
Applicable Law
O'Sullivan Law operates the Sites from Australia. The laws applicable to the interpretation of these Terms of Use shall be the laws of Australia without reference to its conflict of law provisions.
Disputes
You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described therein shall be filed exclusively in the courts of Perth, Western Australia and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.
Termination
These Terms of Use shall remain in force until terminated by O'Sullivan Law. O'Sullivan Law may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that O'Sullivan Law, in its sole discretion, believe is disruptive or is in violation of any applicable law or these Terms of Use. In the event of any such termination, the provisions regarding disclaimers, limitations of liabilities, intellectual property rights, choice of law, and venue set forth in these Terms of Use shall survive.
Miscellaneous
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
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Defacto relationship breakdowns in Western Australia are dealt with very similarly
to divorce, although some conditions apply.
Defacto couples are dealt with under the Western Australian Family Court Act. In Western Australia, their disputes are dealt with in the Family Court of Western Australia.
In child related cases, provided that the child and one of the parties to the proceedings resides in Western Australia, the Family Court of Western Australia normally deals with the matter.
A defacto couple can seek a property settlement from the Family Court of Western Australia provided that:
- Firstly, they satisfy the definition of a defacto couple under section 13A of the Western Australian Interpretation Act. This includes a consideration of a number of factors, not all of which are required in every case;
- Secondly, at least one of them is residing in Western Australia,
- Thirdly, the couple spent at least a third of their relationship residing in Western Australia or made substantial contributions of the kind referred to insection 205ZG(4)(a), (b) or (c) in Western Australia; and
- Fourthly, the Court must also be satisfied that:(a) there has been a de facto relationship between the partners for at least 2 years; or(b) there is a child of the de facto relationship who has not yet attained the age of 18 years; and failure to make the order would result in serious injustice to the partner caring or responsible for the child; or(c) the de facto partner who applies for the order made substantial contributions of a kind mentioned in section 205ZG(4)(a), (b) or (c) and failure to make the order would result in serious injustice to the partner.
If the parties fall within the above requirements then the law that applies is almost identical to the law applied to married couples.
Time Limitation of Claims
If you wish to make a claim for property adjustment or spousal maintenance, you must apply within 2 years of the date that your de facto relationship ended. There can sometimes be a difference of opinion between the parties as to when the relationship ended, so you need to be careful about delaying your application.
If your relationship has broken know you need to know your rights and receive a fair settlement, take the stress out and call O’Sullivan Law on 08 6389 0305 and we will take care of you.
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Restraining orders are an unfortunate part of life, they are an enforceable (by police) court order, If someone breaks a violence restraining order the maximum penalty is $6000, 2 years imprisonment or both.
Restraining orders prevent a person from doing particular acts, such as coming within a certain distance of another person generally for a period of 2 years.
They are often made in situations of domestic abuse or inappropriate behavior.
A restraining order may be obtained if a court is satisfied that the person the restraining order is taken against has committed an act of abuse and may commit another such act or that the person asking for the restraining order reasonably fears such abuse.
According to section 11B of the Restraining Orders At 1997, a restraining order can be made for the benefit of a child if the child has been exposed to or there is a fear the child will be exposed to an act of family or domestic violence.