MLL408: FAMILY LAW- Bradley Jones Case Analysis- Number of Children & Property Issues- Law Assignment Help

Internal Code: 1HHCH

Law Assignment Help:

Task: Client Full Name: Bradley Jones Gender Male Address: 1/23 Violet Street, South Yarra, Vic Telephone: 0001 123 124 Date of Birth: 17 October 1970 Place of Birth: Melbourne, Australia Nationality: Australian Citizen Occupation: General Practitioner Level of English: Very Good Health: Good Spouse Full name: Tamara Jones Gender Female Address: 10 Rose Street, Coburg, Vic Telephone: 0001 123 123 Date of Birth: 17 March 1975 Place of Birth: Moscow, Russia Nationality: Australian Citizen (26 January 2010) Occupation: Employed - Nurse Health: Good Level of English: Very Good Date of Marriage: 1 June 1997 Date of separation: 20 December 2015 Date of divorce: 20 June 2017   You are a graduate lawyer. A client interview was held between Anthony Pratt (your ‘principal lawyer’) and Bradley Jones (the ‘client’). The client has sought advice regarding a number of children and property issues. The husband wants Rosie to remain in Australia and wants to ensure that the wife is prevented from removing her out of the country without his permission. He does not want the child to travel internationally until she is 18 years of age – or with his consent. If the wife is to travel overseas then Rosie must stay with him. The husband wants Rosie to live with him and wants the sole responsibility. He wants to be responsible for all matters regarding her health, wellbeing and education. He has indicated that he will agree to allow the wife to spend half the school holidays with Rosie. He has a fractured relationship with Lily but he wants to mend this relationship and wants to spend equal time with her and to see her freely. In respect of the property, the husband wants the matrimonial home placed on the market. He is happy to split the proceeds 50/50 however he wants to keep his superannuation funds and to protect his inheritance. He is also worried that the wife will want him to pay spousal support which he will not agree to. Your principal lawyer has referred the file to you and has asked that you undertake your own research and prepare a  memorandum of advice (intended for in-house use by the principal lawyer only) on the issue of children and property. This includes discussing, if applicable, and not limited to the following; matters that are in dispute; the type of application that needs to be filed; any jurisdictional and eligibility requirements that must be met to initiate an application; any steps that the client will need to undertake (eg. pre-action steps and disclosure requirements); costs or time limitations involved; advise on the orders you will seek that are reasonable and realistic; advise on what the Court takes into account with respect to children and property and how the court obtains information if that matter is contested; offer an assessment as to the possible outcomes based on your instructions; the action to be taken; and explain the court process. Where you feel the client has not provided sufficient information or you require clarification, you can highlight this in your memo.