Through all of life’s stages, make important family and personal decisions with confidence.
It is a common misconception that when children reach the age of 12, they gain the authority to decide which parent they want to live with or how much time they want to spend with each parent. However, it is important to note that there is in fact no such age at which a child’s wishes become the deciding factor in any outcome for family court proceedings.
Currently, under sections 61D and 61DB of The Family Law Act 1975, there is a presumption that parents have equal shared parental responsibility when a court is making parenting orders.
Following separation, you may find yourself in one of the following predicaments: a. You remain living in the family home that has a mortgage over it, whilst your partner has moved out; b. You have moved out of the family home and your partner remains in the home.
What is a Rent Roll? A Rent Roll is the Property Management of real estate that deals with Tenants and Landlords, collecting rent, handling maintenance issues, tenant complaints and pursing evictions...
When parties with children separate, there may be a disagreement about the time the children will spend with the other parent. This can in turn create another hurdle for children to spend time with grandparents on both sides of their family...
When a relationship breaks down, superannuation frequently represents a significant part of the asset pool of the relationship and often raises the most questions. Understanding how...
The duty of disclosure in family law is a fundamental legal obligation that requires parties involved in a family law matter to exchange all relevant information related to the issues in dispute in a timely manner as per..
When faced with a relationship breakdown, tax issues might be the last thing on your mind, however, Capital Gains Tax can impact the value of a family law property settlement...
The Family Law Act 1975 (Cth) (the Act) section 60CA requires the Court to consider the best interests of a child when deciding a particular parenting order. Sometimes during separation, it can be hard for parents to put aside their own interests and recognise...
The Right of First Refusal is a provision commonly included in Commercial Lease Agreements, which imposes an obligation on the Landlord to offer the Tenant the opportunity to accept or decline the offer to purchase the property...
A Consent Order is an order made by a court when parties have reached an agreement which they want to document to be legally binding. A Consent Order in family law can be made regarding both property and parenting matters.
After separation, couples may need assistance from the Federal Circuit and Family Court of Australia to determine the division of property and assets, and the care arrangements of children. When the court determines an outcome...
After separation, couples may need assistance from the Federal Circuit and Family Court of Australia to determine the division of property and assets, and the care arrangements of children. When the court determines an outcome...
Buying or selling a home is an exhilarating journey filled with excitement and anticipation. However, it can also be a bit overwhelming, especially when it comes to navigating the legal aspects of the transaction. But fret not!..
Every year in May, Queensland recognises Domestic and Family Violence Prevention Month, which aims to raise community awareness of domestic and family violence and coercive control, and the services available to support individuals experiencing family violence...
What relief might a non-bankrupt spouse have against the trustee in bankruptcy (where their spouse is bankrupt)? The pool of assets available to a debtor’s creditors can be affected by...
Agreed damages clauses are a common feature of many contracts. They are used to establish the amount of compensation that one party (the defaulting party) must pay to the other party (the aggrieved party) in the event of a breach of contract. However, not all agreed damages clauses are enforceable. In some cases, they may be considered penalty clauses and, therefore unenforceable...
The RBA announced its tenth consecutive interest rate hike in recent weeks, with major banks following suit not long after. Interest rates are now at a fresh high of 3.6% and there are little to no signs of it slowing down in the near future. The recent interest rate
In Queensland, domestic violence is defined as any behaviour by a person towards another person whom they had or have a relevant relationship with that causes that person to fear for their safety or wellbeing. The violence can include physical, emotional, sexual, and financial abuse...
Spousal maintenance is a form of financial support paid by one former spouse to another after separation or divorce. In Australia, the Family Law Act 1975 governs the laws relating to spousal maintenance...
Parental high conflict is a situation where parents are constantly engaged in arguments or disagreements about anything from financial issues to co-parenting children. Conflict becomes even more of a risk between parties when separation occurs...
A contract is a legally binding agreement between two or more parties. Each party is obligated to fulfil their respective obligations under the contract. However, there are situations where one party may refuse to perform their obligations or indicate that they will not perform their obligations in the future. This is known as a repudiation of the contract.
The Summer holidays are over, you made it through Christmas and now the kids are back at school. You have been thinking about if for a while, though aren’t too sure on how to go ahead with either separation or divorce. The way in which you conduct yourself in the lead up to and post separation is so important to getting the best result for you and your family, remaining civil, and avoiding costly (and lengthy) litigation with your now ex-partner....
Whilst there is no single definition, coercive control is a pattern of behaviour that controls a person’s autonomy. It can be subtle and sometimes victims do not speak up because they are fearful of the adverse action, they may experience from doing so...
The arrival of the new year inspires a fresh outlook and drive, providing a prime opportunity for businesses to take bold steps and seek new commercial ventures...
As family lawyers, we are thrilled to see the introduction of paid domestic violence leave in Queensland starting from 1st February 2023 for employees of non-small businesses (15 or more employees) and 1 August 2023 for employees of small businesses (less than 15 employees)...
When a company owes a debt over $2,000, a creditor has the option to issue a formal demand for recovery of that debt in the form of a Statutory Demand (SD). If done so correctly...
The hardest and generally most expensive part of a family law property settlement is getting to an agreement with your now ex-spouse. If you have been able to reach an agreement on what your financial split...
Final parenting orders are made at a final hearing at court or where parents reach an agreement and consent orders are filed with the court. After final parenting orders are made, a parent may seek to vary those orders. This can be achieved through agreement between the parents or, where an agreement cannot be reached...
Given the popularity of smartphones and the increased use of technology, the attempted use of audio/video recordings of interactions between parties has become widespread. Despite the value of such evidence, particularly where there are allegations of family violence, the court will only admit the recordings into evidence on a case-by-case basis...
We all know the importance to conduct due diligence when buying a house. Whether it be a building and pest inspection or searches in the Council approvals for extensions or a detached dwelling. Common sense, right? So why do we sometimes forget this step when buying a business?...
One of the hardest parts of separating is working out where you are going to live after separation, especially given the local rental crisis we have been experiencing for the last few years...
Property settlements in family law can be complex and confusing, even more so when ‘gifts’ and ‘inheritances’ are part of the property pool...
The Sunshine Coast has experienced an unprecedented population growth in recent years. This growth has prompted many large-scale property developments across numerous estates on the Sunshine Coast to meet the increasing demand on housing...
On the 31 October 2018, the rules changed to require all businesses to register their trading names as business names with ASIC to continue operating. Meaning that it was no longer legal to operate a business without a registered business name. Although...
There is a Family Law presumption that both parents have equal shared parental responsibility for the major long-term decisions of your children. This includes moving a significant distance...
An urgent application may be applied for in both parenting and property/ financial matters, although it is more common for a parenting matter to be considered urgent...
As Commercial Lawyers, clients often come to us for advice because of a dispute with their business partner which is causing significant distress to their business.
I want to separate but I can’t afford it. My partner/ husband has been the income earner and I have cared for the children!
Corporate structures generally lend themselves to the division of power and ownership via majority and minority interest holders or shareholders. This system naturally aligns with the notion of majority rules which in of itself contains the inherent risk of abuse...
Whether you are selling clothes or a delicious meal, you may require a Retail Shop Lease. Our clients often ask us, “When do I need a retail shop lease?”, “Do I require one?”, and most importantly, “What protection does a Retail Shop Lease offer me and my business?”
In Family Law, it is widely understood that property division is one of the most disputed stages of a divorce proceeding...
As Family Law specialists, we work with a lot of clients in parenting matters. Sometimes whether voluntarily or court-ordered, a Family Report Writer is engaged to assist. Often this raises questions from our clients as to why they are involved in their matter. So...
It is illegal in Queensland to enter into commercial surrogacy arrangements. Only altruistic surrogacy arrangements are allowed. This means you cannot pay a surrogate mother, or a birth mother cannot carry a child and request you pay a sum of money for the baby...
Buying your first home is undoubtedly one of the most exciting and stressful decisions you can make. Navigating the possible legal pitfalls can be worrying for even the most seasoned home buyer. Our guide is designed to help you understand the conveyancing process in Queensland...
We are very excited to share that today sees our property and commercial lawyer Daniel Albert become Partner at Omnia Legal.
Domestic and Family Violence (DFV) can affect all people. The saying “you never know what goes on behind closed doors” is highly relevant when thinking of DFV...
Mediation is a form of Alternate Dispute Resolution which assists parties come to an agreement without the need to go to court.
Did you know there are multiple ways to go about leasing a commercial property? Each with their pros and cons depending on whether you are the tenant or the Landlord.
Pets are property – they are not children, well according to law anyway! Most of the time, parties will be able to work out what the arrangements for the pets will be, though not always!...
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