Boon Legal

The family violence intervention system does not work. Where a person, and in the vast majority of instances it is a man, is violent and determined to kill or harm their spouse/partner and children no intervention order will stop him. The vast majority of women and children killed or injured had intervention orders in place. The current system does not and cannot keep victims of violent people safe. However, the intervention order system is regularly misused and abused by those who were never in any danger and often who are the perpetrators of violence. It is a first in system, namely whoever makes the complaint first is the victim and the sausage conveyer belt starts, an interim order, directions hearings, mentions, contested hearings and ultimately in most cases an intervention order, regardless of veracity of the evidence. The misuse and abuse of this area is a regular feature in family law proceedings. It gets the 'perpetrator' out of the house. It is also used as a weapon in property settlements and child matters. In a family law where I acted for the husband the wife, along with her mother, led a campaign of harassment to get the husband out. When that failed she used the family violence intervention system. In the family report in the matter she told the family consultant the husband had never been violent nor did she have any fear, she just wanted him out of the house. There were no consequences. In another matter the husband, a foot taller and 30 kilos heavier than his wife, my client, called the police first. He had started a new relationship and my client was no longer a part of his future. These are just two examples of far, far too many instances. There is also a lack of consistency as to how police deal with complaints. I don't know what the solution is but the current system does not work. It does not protect those who really need it. It is used and abused, misdirecting police time and resources.

As a Notary Public I take a lot of calls about the notarisation of documents that are signed in Australia but are for financial, legal or court related purposes in countries outside Australia. Below is a summary of the general procedure where people are signing and having such documents witnessed in Australia.

Where are person is signing a private of public document the below must be followed.

1. The document must in writing and must be in the language that is the official language of the country where it will be used.
2. The document must be signed in person in front of an authorised witness. An authorised witness is usually a consular official of that country or a Notary Public.
3. For most countries if the document is signed in front of a consular official that is the end of the procedure. Generally only citizens of that country with valid documents such as a passport issued by that country can sign in front of a consular official.
4. If the person does not have citizenship and a valid document or it is inconvenient or impossible to sign in front of a consular official they must sign the document in front of Notary Public. In Australia Notaries Public are solicitors admitted by the Supreme Court of Victoria as a Notary Public.
5. If the person signs the document in front of a Notary Public after that, in most cases, they must also obtain an Apostille stamp from the Department of Foreign Affairs and Trade.
6. Whether the document is signed in front of a consular official or a Notary Public the original document must be sent to the country where they will be used.

The procedure usually applies to documents which are required for court related purposes.

The procedure also applies to the verification of documents, namely attesting to true copies of originals and academic and company extracts.

There are no shortcuts or alternatives. Unless documents are signed as required under the Hague convention which prescribes the procedure they will not be valid.

People can find the procedure confusing and difficult. However, the same procedure applies to all persons that are signing documents in Australia which are for court related purposes in another country.

BOON LEGAL has moved to Ground Level, 430 William Street, West Melbourne (corner of William Street and Capel Street). Just around the corner from Victoria Market. Our new office looks onto Flagstaff Gardens.

All litigation is incredibly difficult. It is invasive. All the dirty laundry is out. Every single aspect of your life is exposed, scrutinised, prodded, questioned – financial and personal. Every single transaction is visible. It becomes public knowledge between the parties, every single cent you spend and where – for all parties. Letters, emails, text messages – everything is public.

Many years ago I had a probate matter where the de facto wife had one of the best claims I had seen for some time given the circumstances. However, she told me she did not want to air her dirty laundry in public. The deceased’s estranged family had offered her $10,000.00 in full and final settlement and she wanted to accept it. I refused to act. She found a solicitor who signed her up for the $10,000.00 settlement, minus his fees. Many months later she found out the estate was worth well in excess of $1,000,000.00. Her $10,000.00 had gone largely in legal fees and the rest for living expenses.

There are the emotional aspects. In family law matters there is a marriage or a relationship, children, the building of assets. In probate matters it is siblings fighting each other over injustices, whether real or perceived. In commercial matters there is often a friendship – professional or personal.

Regardless of the nature of the dispute, plans, goals, milestones that were once shared, become the public battle ground. Solicitors navigate this every day and it is not personal for the solicitor. If it becomes personal then the solicitor should step aside as they can no longer give objective legal advice. For the people involved in the litigation this is usually their first and only involvement in litigation.

A litigant has to navigate this emotional and financial maze. It has not easy. The person has to remained focused, take and consider advice, be flexible where realistic and stood strong where legally strong. A litigant has to focus on winning the war and not every battle. That is where so many litigation matters go off the rails.

As solicitors we navigate this. We are passionate about we do and act in the best interest of our clients but within reality and the legal system.

Yesterday in the city I counted over 50 vacant shops during a 15 minute walk. On Elizabeth Street, between Lt Bourke Street and Bourke Street, five shops in a row were all shut down. Behind each closed shop are human lives now without incomes, mortgages at risk, landlords without rent. A government handout is nothing but a handout. It is not even a band aid. It will not save one business. Anyone who has run a small business knows the costs - your own income, employees, lease and outgoings, and that is before you pay the many other costs to both the Victorian and the federal governments.

In Victoria, until late 2018, a person did not have to provide any photo identification whatsoever when selling or purchasing a property. However, since 2018 any dealing at all with real property requires a verification of identity by way of photo identification with passports and drivers' licences being the preferred documents. Not everyone has either of these, especially older people. I have come across this problem when providing Notary Public services to people as well. Notaries Public always require verification of identity by those signing documents. For people in this situation the quickest and cheapest solution, and sometimes the only one, is to get a Proof of Age card. This is available to anyone, regardless of their age and the application is made at your local post office.

Such a Croatian reaction. Love it!

🇭🇷🎾🇭🇷 Congratulations to Nikola Mektić and Mate Pavić!! 2021 Wimbledon men’s doubles champions!!!

The duo are the first All-Croatian doubles team to win a tennis Grand Slam!

Victoria's rolling lockdowns of the economy have not only created an economic disaster, health issues that could have been prevented but will kill, suicides and mental health problems but legal vacuums. Commercial landlords and tenants in Victoria are in no man legal land. The previous legislative framework, seriously lacking in certainty and clarity, was a framework of sorts. The legal battles will continue for years. Now there is nothing. If you are an existing tenant your only option is to negotiate with your landlord but - for how long. There is no certainty, no clarity - nothing. In law, where there is no certainty the clause or the agreement is struck out. For tenants and landlords this is the reality. If you are a landlord negotiating a new lease the unknowns are like a chasm. What period and what percentage do you negotiate, is it a week by week affair in line with the lack of thinking of the Victorian government and how can week to week survive in a commercial reality? If you are a landlord negotiating a new lease where do you even start. There is no history of performance by the incoming tenant. Even is the incoming tenant has a history of performance in another location or a different business model how do you negotiate terms and conditions. These are the gaping legislative and commercial holes that no-one has addressed nor will they. The vast majority of landlords are 'mum and dad, family operations' and the vast majority of tenants are 'mum and dad, family operations'. They are all economic victims of the lockdowns and the drip down effect is enormous. A tenant cannot pay rent if they cannot operate, a landlord cannot collect if the tenant has nothing. These are the realities that my clients have been facing for well over a year and they have only become worst. The collateral damage of the fight against a virus, an impossible one, is far greater and its duration will be here for generations.