MLL320 : Family Law Philip is on a Disability Pension - Law Assignment Help

Assignment Task:

Task:

Instruction Sheet
Date of interview with your client: 28 January 2021
Your client:
Philip Raymond Bourke
12 Casey Street
Narre Warren Vic 3805
Phone number: 0425 426 394
Born: 26 April 1972 – Brunswick, Melbourne
On Centrelink disability pension - $950 per fortnight.
No prior marriages, no children.
Other Party (his wife):
Charanya Sitwat
Address unknown (may be back in Pattaya?).
Thai National – date of birth – 30 September 1990
Not known if she is employed.
Charanya has a 12-year-old son ‘Anuman Wang’ (whom he met when visiting her in Pattaya)
however the son was raised by her older sister (‘Preeda’) and brother-in-law (‘Mongkut’).
Philip believes Charanya had never previously married.
Notes
Philip is on a disability pension after suffering a back injury at work 10 years ago. His employer at the time was QR logistics, and he was employed as a storeman, earning $55,000 per annum. He injured his back moving some large pallets. Philip received Workcover payments initially but was incapacitated and unfortunately could not return to work. He suffers chronic pain and as result of the injury also suffers anxiety and depression. Philip received a lump sum payment of $345,000 from workers compensation for his injury in around early 2014. He used this money toward purchasing his house in Narre Warren in February 2015 for $400,000. He has a small mortgage of approximately $42,000 with UBank.

TASK

Your principal lawyer has asked you to draft:
1. A letter of advice to the client outlining the law and the process, that is, the steps required for Philip to end his marriage with Charanya. In the letter you should refer to the relevant rules, legislation and case law (footnotes).
2. The court precedent application document required to end the marriage (in draft only).
3. If you cannot finalise the precedent application document or are missing information, you should include in your draft letter any questions to Philip, asking for further information and explain why that information is required.
NOTE:
• If you require further information for the court precedent application document, highlight the sections yellow to remind yourself the sections need further information to be completed.
• You are not required to give advice regarding immigration laws, this is outside the scope of this Family Law unit.
• At the initial meeting you provided Philip with the with a cost agreement and disclosure statement (as required by law) so you do not have to deal with this issue in your draft letter of advice.

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