Our Reach
We are committed to being flexible, innovative and responsive to address the complex legal needs of our clients and communities across a broad geographical area.
Our Stories
Peter's Story
Peter is an intelligent and well-educated man, whose issues with alcohol had undermined any chance he had securing work in his chosen career. When Peter first presented at PCLC, he had a number of outstanding fines and criminal charges associated with his alcohol use. At that time Peter was homeless and living in his car. His erratic, alcohol-fuelled behaviour had jeopardized all his relationships, and he was isolated, disconnected and un-safe.
Peter connected with our Fines and Generalist teams to assist him with his fines, and provide legal support for upcoming court appearances. Due to Peter’s vulnerability, our lawyer referred him to our Social Work Program. With her assistance, Peter secured stable housing and access to basic amenities. When he was feeling stronger and secure in his accommodation, he finally accepted that he needed help to stop drinking. Our social worker referred him to the appropriate services and he commenced attending local AA meetings.
PCLC made a successful Special Circumstances application which saw all his outstanding infringements waived. He was also assisted with representation for his criminal matters. Peter has been sober for 12 months and is undertaking further training to assist him to obtain employment. Most importantly, he has repaired his relationship with this family and is in regular contact with them.
Peter's Story
Infringements waived
Etta's story
Etta and James moved into a property with their new baby in 2019. The lease was fixed term with both Etta and James’ names on the lease.
In early April 2020, an interim family violence order was granted prohibiting James from living at the property. However, James breached the Intervention Order on numerous occasions and Etta did not feel safe living there alone with her small child. Both Etta and James had tried unsuccessfully to negotiate with the Real Estate Agent to end the lease.
In frustration, Etta contacted our TAAP team. One of our workers assisted Etta to put together significant documentation in support of her circumstances and negotiated with the real estate agent on Etta’s behalf. In the face of compelling evidence, the Landlord agreed to a reduction in the fixed term lease with minimal penalties.
Etta's story
Lease term reduction
Alister's story
Penny and Alister are married with four small children. While Penny works at night and Alister during the day, they co-ordinate the care of the children. When the daily grind becomes overwhelming Alister begins to drink to excess. One night when Penny is in fear for her own and her children’s safety she calls the police. Police apply for an intervention order which would exclude Alister from the home. Penny doesn’t want this, as she cannot work if Alister is not at home with the children, she cannot afford to lose her job.
Alister attends court on the day, but does not obtain assistance from a duty lawyer. Fortunately, the Magistrate is persuaded by Penny’s concerns and grants an order that allows Alister to be at home if he is not alcohol or drug affected. This goes well for 12 months and the family settle back in to ‘normality’. However, when Alister’s mother dies he starts drinking again and one night a neighbour call the police. This occurs when COVID-19 restrictions are in place and everyone is in ‘lockdown’. It is now more important than ever that Penny and Alister keep their jobs.
The police apply to strengthen the current intervention order, by seeking that Alister be excluded from the home under all circumstances. Penny tells police this is not what she wants, she cannot attend work that night and Alister sleeps in the car.
This time Alister seeks the assistance of PCLC duty lawyers. Firstly Alister is to referred to telephone counselling and assistance for his alcohol abuse. Written submissions are made explaining that Alister will need to sleep in his car for the foreseeable future as Penny needs him to be with the children at night so she can keep her job. Emphasis is also placed on the fact that Alister is willing to engage with services to assist with his problem with alcohol and it being his default coping mechanism.
The Magistrates decides to not exclude Alister from the family home. This is his last chance to address his issues that impact so significantly on his family.
Alister's story
Last chance
Annika's story
Annika’s employment was impacted by COVID-19. She required assistance with the rent reduction agreement she had entered with the real estate agent, and outstanding repairs. However, the agreement Annika had reached with the landlord included a rent deferral. This meant that Annika would need to pay back the difference between the reduced rent and the usual rental amount at the end of the agreement.
Our TAAP worker commenced negotiating with the landlord and real estate agent for a reduced rent agreement without a rent deferral. At first the landlord was unsupportive. However, the TAAP worker advised that if there was a rent deferral in place Annika would not be eligible for the DHHS rent relief grant, and as such, the landlord agreed to remove the rent deferral from the previous agreement. The agreement was lodged with Consumer Affairs as required and now Annika awaits approval of her DHHS rent relief grant.
Additionally the landlord provided approval for the repairs needed at the property to be completed.
Annika's story
COVID-19 impact
Gerald's story
Gerald came to PCLC very distressed. He had incurred a debt of $11,000 through a contract he had entered into for store finance at a retail business in Frankston. Gerald had no recollection of entering the contract or the products he purchased.
Following a diagnosis of schizophrenia Gerald, had been placed on a disability support pension. Lapses in therapeutic treatment and poly-substance abuse gave rise to psychosis, a lack of insight and poor judgement.
The Legal, Operational Risk and Compliance department at the credit provider was contacted and a comprehensive medical report was provided to support assertions of impairment and that it ought to have been apparent that impairment was a matter of concern. The possibility of unconscionable conduct were raised.
As a result of our lawyers intervention Gerald had the entire $11,000.00 debt waived.
Gerald's story
$11,000 debt waived
Nicole's story
Nicole was charged with one count of carrying a prohibited weapon into the Frankston Magistrates’ Court. The prohibited weapon was a credit card pen knife that she had left in her bag inadvertently.
During the summary case conference, our lawyer requested that this matter be dealt with by way of diversion. Diversion is when a person takes responsibility for the offending behaviour but must complete the ‘Diversion Plan’ which may include an apology, repayment or drug or mental health treatment, whatever is deemed appropriate taking into account the victim, if there is one, the offender and the offence.
Police prosecutions were of the view that this matter was not suitable for diversion because it was an indictable offence and one which the Court was likely to view very seriously considering the potential public threat to court users. Nevertheless, the Prosecution agreed that we could put our arguments before the Court and leave it to the Magistrates’ discretion.
Our lawyer prepared written submissions and provided them to the court. The matter was decided by the Magistrate in chambers and Nicole is required to be of good behaviour until 25 November 2020.
Nicole's story
Good behaviour granted
Harold's story
Harold lives in Pakenham and would have ordinarily attended the local visiting service, but due to COVID restrictions, he came through one of our afternoon advice sessions. He was involved in a motor vehicle accident, which fortunately didn’t result in serious injury, but did lead to some serious charges being laid against him by the police, including ‘conduct endangering life’. Harold could not afford to engage a private lawyer and was not eligible for a grant of Legal Aid.
After consulting with Harold, our lawyer reviewed the evidence including video footage of the incident. She concluded that the police did not have the requisite evidence to make out all the charges. A compelling ‘no case to answer’ submission was presented to police prosecutions and four of the six charges were withdrawn. The possible contest of the remaining two matters was discussed with police. The police agreed with our lawyer’s argument that it was not in the public interest to pursue the remaining two charges and they were withdrawn. Our assistance cost Harold nothing, yet got him the best result achievable.
Harold's story
Charges withdrawn
Lana's story
Lana had experienced severe family violence at the hand of her former husband John, which included reproductive assault, resulting in the birth of her two children.
Not long after the couple separated, John relocated to China and stopped paying child support. Lana has no redress through the Child Support Agency because China is not a country with which Australia has reciprocal child support relations.
Lana became the sole carer of Jack and Robert, aged 2 and 4 respectively. Tragically, Jack was diagnosed with cancer and has been undergoing chemotherapy since 2018. He is particularly vulnerable during the global pandemic.
Lana attended our volunteer night service and was transferred into the Family Law Program. One of our FASS lawyers drafted the initiating documents for a property settlement.
As a result of the first COVID-19 restrictions, Lana lost her job. To make things worse, in June 2020 Lana’s car became undrivable.
Lana sought assistance to prepare an urgent interim application seeking an early distribution of $35,000 to enable her to purchase a car. The documents were prepared by our FASS lawyer and the application was granted. Lana’s property matter is still progressing, but now she has a new and reliable vehicle that is imperative for her to be able to get Jack to and from his medical appointments.
Lana's story
Reducing financial pressure
Daisy's story
Daisy first engaged with PCLC after separating with her partner Josh due to allegations of family violence. Josh was claiming that Daisy was fabricating the family violence as a result of a genetic neurological disease she had. Daisy disputed these claims and refused to be tested, notwithstanding that a number of her relatives had died from the disease.
Josh refused to participate in legally aided Family Dispute Resolution and although our FV2FVCP lawyer attempted to negotiate a parenting plan, Josh ultimately refused to sign. The couple’s daughter Isobel was living with Daisy at the time and was not spending anytime with her father.
After approximately 12 months , Josh issued proceedings seeking equal shared parental responsibility and substantial time with Isobel, notwithstanding he hadn’t seen Isobel for 2 years. Daisy still had serious safety concerns for herself and Isobel in light of Josh’s past untreated anger issues and impulsive behaviour, both of which were exacerbated by a brain injury.
Our lawyer obtained an extension of Daisy’s grant of legal aid to cover litigation, which allowed him to obtain her instructions to draft the responding documentation. However, Daisy was still stating that she wanted to deny Josh’s allegation that she had the neurological disease. As our lawyer had been shown a preliminary diagnosis from her neurologist stating that it was very possible she had the disease, it was unethical for him to act on the instructions to deny the existence of the disease. Daisy was advised that we would need to see the results of further investigations, if the results showed that Daisy was suffering from the neurological disease and she still wanted to deny it PCLC would no longer be a position to act.
Ultimately, further testing confirmed the diagnosis and Daisy agreed to admit it in her affidavit. Unfortunately, following the diagnosis Daisy’s condition quickly deteriorated and her capacity to provide instructions began to fail.
Our lawyer discussed the options with one of Daisy’s relatives and arrangements were made for a litigation guardian to be appointed together with obtaining orders for an Independent Children’s Lawyer (ICL)to be appointed. Daisy’s General Practitioner and Neurologist both assessed that our client had sufficient capacity to parent.
Our lawyer is currently awaiting a consultant’s report from the Child-inclusive Conference, a new Neuropsychological assessment and input from the ICL these together will make Daisy’s prospects of success easier to assess.
Although the matter has yet to reach a resolution, the involvement of the Family Law Program has motivated Daisy to address long standing significant legal and medical issues. It has also come to some relief to Daisy that she can progress her legal issues with the appointment of a litigation guardian, and that her protective concerns for the child in the father’s care can be brought to the Court’s attention.
Daisy's story
Moving towards resolution
Thierry Pascal
Chairperson
Jackie Galloway
Chief Executive Officer
CEO & Chairperson's Message
We are delighted to present the Annual Report for the Peninsula Community Legal Centre for the 2019-20 year. Through the dedicated service of the staff and management of Peninsula Community Legal Centre we strive to deliver justice to our community, promoting and protecting human rights and equality before the law. With a fundamental “access to all” philosophy, we believe that to deny access to justice is a denial of justice.
