Asher Chatterton
Asher Chatterton
Solicitor
Asher graduated with a Bachelor of Laws (Honours) from Monash University in 2021 and completed Practical Legal Training with Leo Cussen, earning her a Graduate Diploma in Legal Practice. She was admitted as an Australian lawyer and Officer of the Supreme Court of Victoria and the High Court of Australia in 2022.
Asher completed the Family Law Assistance Program at Monash Law Clinics, and worked as a Law Clerk in a specialist family law firm prior to the completion of her Law degree. She has previously volunteered with the Victorian Family Law Pathways Network. She provides the firm and its clients with extensive knowledge in all areas of Family Law, with a particular interest in complex parenting matters. Asher brings professionalism and innovation to the firm and is passionate about achieving the best outcome for our clients.
Asher is a member of the Law Institute of Victoria, Victorian Women Lawyers and the Law Council of Australia – Family Law Section.
Silvio Auditore
Solicitor
Alison Loach
Senior Associate
Giuseppe Rubino
Senior Associate
STEPHANIE HOPE
Senior Associate
KATHERINE SIOTOS
Solicitor
Hayder Shkara
Director
Related Articles & Cases
- Divorce
- 18 Apr 2024
- and Hayder Shkara
Mediation for Separation
Mediation for separation is an increasingly popular method for resolving disputes during divorce or the dissolution of a marriage or de facto relationship.
It offers a structured environment where parties can discuss their issues with the help of a neutral mediator, aiming for a mutually acceptable settlement without the need for court intervention.
This process saves time and money and fosters a cooperative rather than adversarial atmosphere, which can be especially beneficial when children are involved.
What is Mediation, and How Does It Work?
Mediation is a confidential process where a trained mediator assists both parties in reaching an agreement on various aspects of their separation, including financial settlements, property distribution, and child custody arrangements.
Unlike traditional litigation, mediation empowers the parties involved to make their own decisions based on their unique needs and circumstances.
The Role of the Mediator
The mediator does not make decisions but facilitates discussions and guides the parties towards a mutually beneficial resolution.
They ensure the process remains respectful and that both parties have equal opportunities to express their views.
🔑 Key Takeaway: Mediation puts the control in the hands of the parties involved rather than in the hands of a judge.
Benefits of Mediation for Separation
Choosing mediation over conventional courtroom procedures offers numerous advantages.
Cost-Effective and Time-Saving
Mediation is generally less expensive and quicker than going to court. By reducing the length of time required to resolve disputes, mediation lessens the emotional and financial strain on the parties.
Confidentiality
Unlike court proceedings, which are public, mediation is a private process. This privacy can be crucial for individuals who value discretion during a separation.
🔑 Key Takeaway: Mediation for separation offers a confidential, less confrontational, and more economical alternative to court proceedings.
Preparing for Mediation
Proper preparation can significantly influence the effectiveness of the mediation process.
Know What to Expect
Understanding the structure of mediation sessions and what types of issues can be resolved can help participants feel more prepared and less anxious about the process.
Gather Necessary Documents
Bringing all relevant financial documents and any other pertinent information to mediation sessions can help streamline the process and ensure that all issues are addressed comprehensively.
🔑 Key Takeaway: Being well-prepared for mediation sessions can lead to more productive discussions and a more satisfactory agreement.
Common Challenges in Mediation
While mediation can be highly effective, it’s not without its challenges.
Emotional Intensity
The emotional nature of separation can lead to heightened tensions during mediation. It’s important for participants to manage their emotions effectively and communicate openly.
Imbalance of Power
In some relationships, there may be an imbalance of power that can complicate mediation. A skilled mediator is trained to manage this and ensure a fair process.
🔑 Key Takeaway: Recognising and preparing for potential challenges in mediation can enhance the chances of a successful outcome.
Why Choose Mediation?
Mediation for separation provides a pathway to resolve disputes respectfully and amicably.
It supports open communication and collaboration, allowing parties to reach sustainable agreements that suit their specific needs.
By choosing mediation, separating couples can avoid the adversarial nature of court proceedings, preserve their relationships, and move forward with dignity.
Opting for mediation not only benefits the individuals directly involved but also offers a more peaceful transition for any children affected by the separation.
Thus, considering mediation as a first step in the separation process is a choice that offers profound advantages.
Additionally, it is advisable to seek legal advice to understand your rights and ensure any agreements made are legally binding.
🔑 Key Takeaway: Mediation is a valuable tool for managing the complexities of separation with respect and cooperation, ensuring all parties reach a fair and tailored agreement.
- Divorce
- 28 Feb 2024
- and Hayder Shkara
Do You Have to Pay Taxes on a Divorce Settlement?
Navigating through a divorce can be emotionally and financially taxing. A critical question often arises: “Do you have to pay taxes on a divorce settlement?” The short answer is that it depends on the nature of the settlement.
In Australia, most property transfers between spouses or de facto partners as part of a divorce settlement are not subject to Capital Gains Tax (CGT).
However, tax implications can vary based on the specifics of your agreement and the assets involved.
Understanding the Tax Implications
The Australian Taxation Office (ATO) provides certain concessions under family law regarding divorce settlements.
It’s essential to understand that while the transfer of assets between partners may not be taxed directly, future tax obligations can arise when those assets are sold or generate income.
Property and Capital Gains Tax
The main concern for most individuals is how CGT applies to property division. Property transferred under a court order or formal agreement is usually exempt from CGT at transfer time.
However, CGT may apply when the recipient sells the property in the future, using the original purchase date and cost base for calculations.
🔑 Key Takeaway: Transferring property as part of a divorce settlement doesn’t incur CGT immediately, but future property sales may be subject to CGT.
Superannuation and Taxation
Superannuation splitting laws allow for superannuation to be divided upon a relationship breakdown.
While the splitting of super does not trigger a tax event, the eventual withdrawal of superannuation funds may be taxed, depending on the individual’s age and circumstances.
🔑 Key Takeaway: Superannuation splits are not taxed at the time of division, but withdrawals are subject to standard superannuation taxation rules.
Spousal Maintenance and Tax Implications
Spousal maintenance payments are taxable income for the recipient and tax-deductible for the payer. This aspect of divorce settlements highlights the importance of considering ongoing financial obligations and their tax implications.
🔑 Key Takeaway: Spousal maintenance payments are taxable to the recipient and deductible by the payer, affecting both parties’ tax liabilities.
Tips in Planning and Structuring a Divorce Settlement Tax Obligations
A well-structured settlement agreement can minimise future tax liabilities. Consider the long-term tax implications of any asset division and structure your agreement to benefit both parties tax-wise.
- Understand Asset Types: Different assets have different tax implications. For example, transferring real estate might have different considerations than shares or superannuation. Know the tax rules for each asset type involved in your settlement.
- Consider the Timing of Asset Transfers: When assets are transferred, they can impact tax liabilities, especially if they align with tax laws or rate changes. Timing can also affect the market value of investments, which in turn influences Capital Gains Tax implications.
- Use Formal Agreements: Ensure all agreements are formalised through court orders or binding financial agreements. This formalisation is crucial for accessing tax exemptions or concessions available under family law.
- Factor in Future CGT: When dividing assets, consider the potential future Capital Gains Tax payable when the asset is sold. You may allocate assets in a way that balances potential future tax liabilities between parties.
- Superannuation Considerations: Understand how superannuation is treated in divorce settlements. While not immediately taxable, decisions on splitting superannuation can have significant tax implications when the funds are accessed.
Seek Expert Advice
While the immediate answer to whether you must pay taxes on a divorce settlement is nuanced, understanding the specifics of your situation is crucial. Australian law provides certain concessions, but future tax obligations can arise.
Professional advice is critical in navigating these complexities, ensuring both parties achieve a fair and tax-efficient outcome.
Every divorce settlement is unique, and the tax implications can vary widely. Understanding these implications and seeking expert advice can save you from future financial and emotional stress.
- Custody
- 10 Apr 2023
- Hayder Shkara
Child custody living conditions is a question we frequently get asked about at our law firm.
When determining what is in the best interests of a child, the court will consider several factors, including the living arrangements and quality of each parent.
The living conditions in one house may be messy and untidy. Is this enough to warrant a change of custody?
What Constitutes Good and Stable Living Conditions?
Regarding child custody, a good and stable living environment is one that meets the child’s physical, emotional, and intellectual needs.
Here are some contributors to a healthy and stable living environment:
- Safe and secure housing: The child should have access to a safe and secure home environment, with adequate space and appropriate furnishings. Mould, insects, and structural damage should be absent from the residence.
- Access to food and basic necessities: The child should have access to nutritious food, clean water, and necessities such as clothing, toiletries, and medical care.
- Educational opportunities: The child should have access to educational opportunities, such as a school that meets their needs and a supportive home environment that encourages learning.
- Stable and consistent routines: The child should have a stable and consistent daily routine, including regular mealtimes, bedtimes, and other activities.
- Positive relationships with caregivers: The child should have positive and supportive relationships with their caregivers, who can provide emotional support, guidance, and supervision.
- Safe and nurturing emotional environment: The child should be living in a safe and nurturing emotional environment, free from conflict and emotional abuse.
- Age-appropriate activities and opportunities for socialization: The child should have access to age-appropriate activities and opportunities for socialization with peers and other adults.
Also read: Child Custody and Sick Parent: What You Need to Know
What Effect Can Living Conditions Have on Child Custody?
Child custody living conditions can have a substantial impact on court decisions regarding child custody.
When determining what is in the child’s best interests, the court will consider the child custody living conditions of each parent and the quality of those living arrangements.
- A house might be messy or a child might be getting fed too much McDonalds – but the questions is, is this behavior amounting to a level of unacceptable risk to the child?
- In addition to the child’s physical living conditions, the court may also consider the child’s emotional environment. For instance, the court may consider whether the child will be exposed to high levels of stress, tension, and conflict or whether he or she will live in a safe, stable, and conflict-free environment.
- In situations where both parents can provide suitable living conditions, the court may consider other factors, such as the child’s relationship with each parent, each parent’s willingness to facilitate a relationship between the child and the other parent, and any history of family violence or child abuse.
- In some cases, the court may also consider the cultural and religious needs of the child when determining custody. If the child has been raised in a particular religious tradition, for instance, the court may consider the parent’s ability to ensure the child’s continued participation in that tradition.
Notably, the court’s ultimate objective is to ensure that the child’s best interests are served.
The court will consider all pertinent factors and make a decision that is in the child’s best interests.
Whas is the Impact of Having a Roommate on Child Custody?
The court will consider a variety of factors when determining child custody, including the child’s relationship with each parent, the parent’s ability to meet the child’s needs, and the stability of each parent’s living situation.
If one of the parents lives with a roommate, the court will also consider how the roommate’s presence may affect the welfare and best interests of the child.
The court will consider the roommate’s relationship with the child, their ability to provide a safe and stable environment, as well as any potential risks associated with their living situation. For instance, if the roommate has a criminal record or engages in drug or alcohol abuse, this may have a negative impact on the child’s well-being and influence the court’s decision.
It’s worth noting that, a roommate who is not a parent does not have any legal rights or responsibilities towards the child. They cannot make decisions about the child’s upbringing, and they cannot enforce custody or visitation arrangements. However, the court may still consider their presence in the household when determining custody arrangements.
Also read: Examples, Law, and Legislation for Custody Cases in Australia
What You Can Do as the Roommate in Custody Battle
As the roommate of a parent involved in a custody dispute, there are a few things you can do to support the process and ensure the child’s best interests are prioritized:
- Be truthful and forthcoming: If the court requires you to provide information about your living situation or past, do so in an honest and thorough manner. This can help demonstrate your reliability and responsibility as a roommate.
- Cultivate a positive relationship with the child. If you have a positive relationship with the child, it can be advantageous when the court is determining custody arrangements. Try to be a positive influence on the child and demonstrate your concern for their welfare.
- Seek legal counsel: If you are uncertain about your legal rights and responsibilities, you should always seek legal counsel. A family lawyer can help you understand your responsibilities and advise you on how to best support the parent and child throughout the custody process.
Also read: Adultery and Child Custody: What You Should Know
The court will consider the child’s living arrangements and the quality of those arrangements when determining what is in the child’s best interests.
If you are involved in a child custody dispute, you should consult with an experienced child custody lawyer who can guide you through the legal process and protect your parental rights.
It is essential to recognize that each child is unique and that what constitutes a healthy and stable living environment may vary depending on the child’s specific needs and circumstances.
When determining custody, the court will consider all relevant factors and work to ensure that the child’s best interests are served.
- De Facto
- 4 Oct 2023
- Hayder Shkara
“Am I in a DeFacto Relationship?” It’s a question many Australians ask, and it depends on several factors defined by Australian law.
Navigating relationships can be complex, and sometimes, it’s crucial to understand the legal ramifications of the bond you share with someone.
In Australia, a de facto relationship refers to a bond where two individuals, irrespective of their gender, live together on a genuine domestic basis but aren’t legally married or related by family.
What is a De Facto Relationship?
In simple terms, a de facto relationship is one where two individuals, irrespective of their gender, live together on a genuine domestic basis but aren’t legally married to each other or related by family.
Key Factors Determining a De Facto Relationship
The law doesn’t just look at the duration of a relationship; it considers a variety of factors:
1. Duration of Relationship: While the length of the relationship is one factor, it’s not the only one. Some guidelines mention a minimum period (like two years), but exceptions exist, especially when there’s a child involved.
2. Nature and Extent of Common Residence: Do you and your partner live together, and if so, for how long? The continuity of cohabitation plays a role.
3. Existence of a Sexual Relationship: While personal, the existence of a sexual relationship can be considered.
4. Financial Dependence: How do you and your partner handle financial matters? Joint bank accounts, shared bills, or mutual financial support can indicate a de facto relationship.
5. Care and Support of Children: If children are involved, their care, support, and the nature of the relationship with them can be considered.
6. Public Recognition: How do others view your relationship? It is likely evidence of a de facto relationship if you present as a couple in social settings or with your family.
Why Does It Matter?
Understanding whether you’re in a de facto relationship is crucial because of its legal implications.
Being in a de facto relationship can have significant consequences, from property settlements to spousal maintenance and even inheritance.
Furthermore, this legal status can also influence decisions related to child custody or shared financial responsibilities.
Moreover, having clarity on your relationship’s standing can provide peace of mind and better preparation for potential future scenarios.
It’s not just about the label but understanding its rights and responsibilities.
Understand Your Legal Rights and Responsibilities
The question, “Am I in a de facto relationship?” isn’t always straightforward. It requires a comprehensive look at various aspects of your relationship.
Suppose you believe you’re in a de facto relationship or are uncertain about your status. In that case, seeking legal advice to better understand your rights and responsibilities is a good idea.
- IVO
- 14 Nov 2023
- and Hayder Shkara
An assault charge is a serious legal matter that can have significant consequences for those involved.
In the eyes of the law, assault refers to the intentional infliction of physical harm or the threat of such harm upon another person.
This charge encompasses a wide range of behaviours, from physical attacks to verbal threats that create a reasonable fear of harm.
Types of Assault Charges in Victoria
Understanding the types of assault charges in Victoria is crucial for anyone facing legal issues or working in the field of law.
In Victoria, assault charges are primarily governed by the Crimes Act 1958 and the Summary Offences Act 1966.
These laws categorise various forms of assault based on their severity, intent, and the circumstances surrounding each incident.
Common Assault
Under Section 23 of the Summary Offences Act, common assault is the least severe category.
This charge typically involves minor physical confrontations without the intent to harm or disfigure the victim seriously.
Examples include minor scuffles, pushing, throwing objects, or verbal threats. The impact on the victim is a key factor in determining if an incident falls under common assault.
Aggravated Assault
This is considered more severe than common assault. Aggravated assault includes assaults against women, children under 14, and multiple people using kicks or weapons.
The severity of the assault depends on factors like the use of weapons and the extent of harm inflicted. Penalties can reach up to two years imprisonment.
Intentionally or Recklessly Causing Injury
This category focuses on the offender’s intent or recklessness. The maximum penalty for intentionally causing serious injury is 20 years, while for recklessly causing serious injury, it’s 15 years.
Proving intent or negligence is complex and requires establishing the offender’s state of mind beyond a reasonable doubt.
Other Assault Charges
Victoria’s legal system also recognises other forms of assault that do not neatly fit into the above categories.
These include threats to kill or harm, assaults resulting in permanent or life-threatening injuries, assaults against public service workers, aggravated burglary, kidnapping, and sexual assaults.
The specifics of each case and the prosecution’s ability to prove guilt play significant roles in these charges.
If You Think You’re a Victim of Assault
If you believe you are a victim of assault in Victoria, it is important to take the following steps:
- Seek Medical Attention: Your health and safety are paramount. If you are injured, seek medical assistance immediately. Medical records can also serve as evidence if you decide to press charges.
- Report the Incident: Report the assault to the police immediately. Provide them with all the incident details, including the time, location, and any potential witnesses. This report is essential for any legal action you might take.
- Document Everything: Keep a record of all the details related to the assault, including medical reports, police reports, and any other relevant information. Documenting these details can be crucial for your case.
- Seek Legal Advice: Consider consulting with a lawyer who specialises in assault cases. They can guide your legal rights and options, and help you navigate the complex legal process.
- Support Services: Reach out to local support services for victims of assault. These organisations can offer counselling, legal advice, and other forms of support to help you through this challenging time.
- Protective Measures: If you feel unsafe, discuss protective measures with the police or your lawyer. This may include restraining orders or other legal actions to ensure your safety.
Also read: 2 Types of Intervention Orders: A Comprehensive Guide
Legal Counsel Can Provide Guidance
In Victoria, the landscape of assault charges is diverse, encompassing a broad spectrum of offences, each characterised by distinct legal subtleties and varying degrees of penalties.
For individuals entangled in legal proceedings about assault charges in Victoria, grasping the nuances of these categories is not just beneficial but imperative.
Moreover, it’s crucial to recognise that various legal defences are accessible in these cases. The particulars of each situation can profoundly influence the resolution, underscoring the importance of seeking professional legal advice.
Legal counsel can provide tailored guidance, ensuring that one’s rights are adequately protected and that the most appropriate defence strategy is employed.
This step is vital for navigating the complexities of the legal system and achieving the most favourable outcome in assault-related cases.
- Custody
- 12 May 2023
- Hayder Shkara
Reaching a mutually agreeable settlement can be challenging, and it requires both parties to be willing to work together and compromise.
In this article, we’ll provide some tips on how to reach a great custody settlement through mediation.
Definition of Custody Settlement
Custody settlements are legal contracts that detail the terms and conditions for the care and custody of a child or children whose parents are separated or divorced. The Family Law Act 1975 (Cth) and its accompanying regulations govern custody arrangements in Australia.
Custody Settlement Through Court
Custody settlements can be reached through either negotiation or legal proceedings. Parents can create a parenting plan or consent order if they can reach an agreement through negotiation.
If the parents are unable to reach a custody agreement through negotiation, they may be required to go to court to have a judge decide. Typically, the court procedure for determining child custody involves the following steps:
- Filing an Application: One parent files an Initiating Application with the court, setting out the parenting arrangements they seek, and serves the other parent with a copy of the application.
- Participate in Mediation: Typically, the court will require the parents to participate in mediation to attempt to reach a custody settlement by agreement. If they are able to do so, then they can file Consent Orders which puts an end to the court process and litigation.
- Pre-Hearing: If the parents cannot reach an agreement through mediation, the parties will proceed to a pre-hearing, such as a directions hearing, to identify the disputed issues and attempt to narrow them.
- Hearing: If the matter proceeds to an interim or final hearing, each parent will present evidence and arguments to the judge, who will make a custody determination based on what is in the child’s best interests.
Also read: Impact of Living with a New Partner on Custody Cases
Custody Settlement Without Going to Court
A custody dispute can be one of the most emotionally draining and stressful experiences a person can endure. Mediation can be used to resolve custody disputes outside of the court system and to arrive at a custody arrangement that is beneficial for all parties, particularly the child.
However, reaching a resolution that is acceptable to both parties can be difficult and requires cooperation and compromise on both sides.
One of the most common issues we see is when parents are fixed in their positions and are not willing to accommodate the other parents schedule. It is important that parents work together in a child focused manner to ensure that the child has an opportunity to spend time quality time with both parents.
By adhering to these guidelines, you can increase your possibilities of reaching a custody settlement:
- Prepare for Mediation: Before attending mediation, take the time to gather any documents or information that may prove beneficial during the session. This may consist of financial statements, school reports, medical records, and any other relevant information.
- Keep the Best Interests of the Child in Mind: Remember that the best interests of the child should be the primary focus of any custody agreement. Try to maintain a focus on the child throughout the mediation process, and bear in mind that the objective is to create a plan that is in the child’s best interests, not the parents.
- Be Willing to Compromise: Mediation entails negotiation and compromise, so be willing to make concessions and compromise on certain issues to reach an agreement. This may involve being flexible regarding time-sharing arrangements or modifying the parenting plan to better meet the child’s requirements.
- Communicate Effectively: Effective communication is key to a successful mediation. Actively attend to the other party’s concerns and articulate your own with clarity and courtesy. Be receptive to hearing and considering the other side’s perspective, and attempt to find a solution that benefits both sides.
- Consider Creative Solutions: Sometimes, the best custody settlement may not fit neatly into the traditional custody arrangements. Be open to considering creative solutions, such as nesting arrangements (where the child remains in the family home, and the parents take turns living with the child), or shared custody arrangements (where the child spends equal time with both parents).
- Seek Professional Assistance: If you are struggling to reach an agreement through mediation, consider seeking the assistance of a professional mediator or a family lawyer who specialises in mediation. They can provide objective counsel and facilitate productive communication between you and the other party.
Conclusion
Whether reached through negotiation or litigation, custody settlement can provide children with a stable and predictable environment in which to flourish after a separation or divorce. If you are involved in a custody dispute, we recommend that you consult an experienced child custody lawyer to ensure that your rights and your child’s best interests are protected.
