" July 13AustralianFamily Law 2012DivorceProcedure Table of Contents1. Statement of Facts and Circumstances .................................................................................................. 32. Client knowledge .................................................................................................................................. 4a) Filing Fee .......................................................................................................................................... 4Our Advice ............................................................................................................................................ 4b) Location of application filing ............................................................................................................ 5c) Brochure details ................................................................................................................................ 5d) Advice on separation ......................................................................................................................... 5e) What is the latest date Kim can apply for divorce and why? ............................................................ 5f) Obtaining the most appropriate Restraining Order against Christopher Frederick Bumfree ............ 53. Summary of the detailed advice ............................................................................................................ 6References .................................................................................................................................................... 7 To,Kimberly Frederick Bumfree,Case no: 2185Date: 13 July 2012Sub: Filing Divorce and Issue of Restraining order servicesDear Kimberly Frederick Bumfree,Warm Greetings from Donald & Matthews Law firm,This letter is for your immediate reference, in accordance to your requirement of the two servicesmentioned below:a) To file the divorce application with the Family court of Australia, to divorce ChristopherFrederick Bumfreeb) To request the Family court of Australia located within the jurisdiction of Byron Bay, the place ofyour marriage.In lieu of our expertise in Family law and the authority to provide legal services in the Byron Bayjurisdiction and, we assure you that we will consider your requirement most sincerely. This letter isentirely legal communication, in our mutual pursuit of divorcing Christopher Frederick Bumfree, andhence this is a legal document that we request you to keep safe for your reference.For all furthercommunication with our firm, you are assigned the case no: 2185. 1. Statement of Facts and CircumstancesWe on behalf of Donald & Matthews’s law firm take a note of the following facts in accordance withour acceptance of case no: 2185 Divorce between Kimberly Frederick Bumfree and ChristopherFrederick Bumfree – ? Fact no.1: Marriage between Kimberly Frederick Bumfree and Christopher Frederick Bumfree inByron Bay on 16 October 2000. It is observed that both the parties to the marriage were of legalage, eligible to marry each other before the marriage date.? Fact no.2: Christopher Frederick Bumfree was born on 12 March 1977 in Bega, NSW, Australiaand Kimberly Frederick Bumfree was born on 12 January 1977 in Mozerella, Victoria, Canada. ? Fact no.3: Christopher enjoyed a fine career span in the television media business, by playing anactor in various Pet food and Male cosmetics advertisements.? Fact no.4: In the consequence, to the said marriage, our client Kimberly Frederick Bumfree, whowas working as an actress in the famous reality show, decided to quit her job as an actress. Afterthis decision was executed, Kimberly moved in with Christopher in 27 Jarlesberg Place, Ballina,NSW, Australia which is referred to as the family home, with reference to the case no: 2185.? Fact no.5:In consequence to the matrimonial bond between both the parties Kimberly andChristopher, Kimberly gave birth to two children. Chedda was born on 10 June 2007 and Colbywas born on 4 July 2010. ? Fact no.6: On 28 June 2011, Christopher decided to break the matrimonial bond and hence heabandoned his family without any stable and solid reason. Christopher told Kimberly, that he ismigrating to France to explore his career in the Cheese manufacturing industry.? Fact no.7: After the separation period of six months, approximately 180 days, between both theparties, on December 2011, Christopher decided went back to the family home and Kimberlyaccepted his decision. Later, Kimberly regretted this decision! ? Fact no.8: The commitment made between both the parties on December 2011, remained intacttill 12 March 2012, the day on which they mutually agreed to break the matrimonial bond and gotheir separate ways. ? Fact no.9: Christopher could not move out of the family home effective immediately due to thelack of residential facility. Hence, on the request of Christopher, Kimberly accepted him to stay inthe family house, until such time that, he finds himself a place to stay. On 31 May 2012,Christopher finally moved out of the family home and shifted at 6B Camembert Avenue, LennoxHead.? Fact no.10: Both children are living a judicious life, being duly accepted as part of the family byboth parents. They live with their mother, Kimberly for one week and with their fatherChristopher the next week. The children and both parents have agreed to this arrangementmutually. ? Fact no.11: It is brought to our attention by Kimberly that Christopher is harassing Kimberly bymaking frequent visits at her work place. Due to this, Kimberly is going through a mentallydisturbed phase. We would like to request the court to issue a restraining order againstChristopher for Kimberly’s well-being.(French, Justice, Feb 2003).2. Client knowledgea) Filing FeeThe following fees set in accordance with Australian Federal Governmentregulations apply from 1 July 2012 Sr. No. Court Services Fees1 Application of Divorce $5772 Initiating Application (Family Law) $2553 Response $2554 Setting down for hearing fee (defended matter) $466Daily hearing fee (for each hearing day, excluding the first5 $466hearing day) Total Fees $2019Our AdviceThe application fee of $577 is applicable for filing the divorce application with theAustralian family court. This fee can be paid by cheque, cash, debit card or credit card;any of these four transactions are acceptable by the court.We would like to suggest our client Kimberly Frederick Bumfree, that this fee will beshared equally by both the parties, to the said divorce, if Christopher Frederick Bumfreeis found guilty of his recent acts of harassment.In addition, being a single and unemployed parent, it is our sincere request to theAustralian family court to consider the reduced fee criteria; this request is made in lieu ofRegulation 9 of the Federal Magistrates Court Regulations 2000.b) Location of application filingThe divorce application shall be posted to the Australian family court address in pursuitof the case hearing date. The application will be mailed by post to the Australian familycourt within the Byron Bay jurisdiction.Some of the application documents can also be filed electronically through thecommonwealth courts portal (www.comcourts.gov.au). The Donald & Matthews law firm executives will guide Kimberly Frederick Bumfreethrough the whole process, once the application filing documents are handed over to us.c) Brochure detailsWe would like Kimberly Frederick Bumfree to consider the following brochure contentsfor her understanding –? Glossary of legal words (inside front cover)? Step by Step guide (page A)? Helpful information (pages B-J)? Checklist (page K)? The application of divorce (pages 1-7)? Notice of Application (page 8)? Where to file (inside back cover)? Help in other languages (back cover)d) Advice on separationOur legal advice to Kimberly Christopher Bumfree is as follows:? We request you to consider a substantial separation period with your husbandChristopher. The current separation period is duration of six months.? We will get the restraining order issued immediately within 48 hours for yoursafety. Our lawyers work around the clock in association with the Australianfamily court.(Thomas, 2007)e) What is the latest date Kim can apply for divorce and why?Kim can apply for divorce on 1 January 2013 after the completion of the stipulated periodof one year. f) Obtaining the most appropriate Restraining Order against Christopher FrederickBumfreeThe most appropriate restraining order against Christopher can be obtained by providingsupporting evidence against his visits to Kimberly’s office for the purpose of harassingher: ? We will file a petition in the court mentioning all the details of harassment in thedocument. ? One or more of Kimberly’s colleagues will be required to sign the petitionworking as an alibi in her defense. ? We could also use some of the footage from the video recordings in Kimberly’soffice to prove Christopher guilty of his harassment acts.? In addition to the restraining order, we also request Kimberly to move to a saferplace such as her parent’s house until we are closer to the case hearing day. 3. Summary of the detailed adviceFor the knowledge and understanding of Kimberley regarding the divorce application procedure withAustralian family court, the highlights of the procedure are mentioned below:1. Completing the application form and submitting it to the magistrate’s office, after signing it toswear or affirm. One of our lawyers will also be present as witness affidavit to your state orterritory. 2. Photocopy and store the documents for further reference.3. Receive the hearing date and documents.4. Attend the hearing.5. Outcome of the hearing.(Common Law Act, Feb 2006)References1.(French Justice, Feb 2003). "The Referral of State Powers Cooperative Federalism lives?".Western Australia Law Review. 2. (Thomas, 2007) 233 CLR 307, [208] (Kirby J).3. Com-Law Acts - Family Law Amendment (Shared Parental Responsibility) Act 2006 (46) "