FREQUENTLY
ASKED QUESTIONS

Yes, provided it’s during normal business hours. You can contact me by phone, email or text message – whichever is your preferred form of communication. If I am busy when you attempt contact, I will get back to you before the close of business.

It depends on the nature of your case. If you are out of Court, we will explore the option of mediation as soon as practicable. If your case is in Court, as per the recent Guidelines provided by the Federal Circuit and Family Court of Australia – 12 months, at the longer end. Of course, your case is always able to settle before then if an agreement is reached.

We ask that money be paid upfront into our trust account. Once we receive funds, we will then commence working on your matter. Upon your matter being completed, or a stage reached, you will be invoiced for work completed and money will be withdrawn from our trust account.

All our service offerings are bundled as packages, each with a fixed price. The nature of some matters means that sometimes fixed prices are not possible from the outset (i.e. Court litigation). In these circumstances, much will depend on factors such as the complexity of your case, and its history to date. Nonetheless, a fixed fee will always be explored.

Hopefully not.

Our aim is to make ourselves disappear from your life. Consistent with this, if it means we can resolve your case out-of-court, we will. Of course, we will not compromise your settlement outcome to simply save time. However, we know that litigation is costly in time, money and emotional resources, and we will not file for Court without exploring other alternatives first.

No.

Each bundled package contain a list of services which we will do for you. The Cost Agreement we send you will reflect this. Anything outside of the original Cost Agreement will require a new Agreement to be signed. Generally, there will be no additional services required in addition to the original Cost Agreement signed, however unforeseen circumstances sometimes do arise, usually when in Court.

No.

The fixed price you pay for each bundled service includes all communication with your solicitor.

Not if you don’t want to.

The idea of having a lawyer is to have someone communicate on your behalf. We do encourage you to maintain regular and civil communication wherever possible, as there will be a day when we will not be present. Co-parenting requires a foundation of effective communication.

At the time of writing this (March 2022), no.

However, if you are of limited financial means, you may want to consider a grant of Legal Aid.

Legal Aid is a public funded legal service which makes it possible for those with less financial means to access legal representation.

For a Legal Aid Means Test Calculator, click here.

If you pass the means test, we can then put in a Legal Aid Grant Application on your behalf and represent you.

Yes, we are on the Legal Aid Family Law Panel and readily accept legal aid work.

To check whether you are eligible for Legal Aid, go to the Means Test Calculator

Here are some of the injunctions available in family law parenting cases: –
– An injunction for the personal protection of a child
– An injunction for the personal protection of a parent
– An injunction restraining a person from entering or remaining in the child’s place of residence, employment or education
– An injunction restraining a person from entering the place of work of the other party
– An injunction for the protection of the marital relationship
– An injunction relating to the use or occupancy of the matrimonial home
– An injunction in relation to the property of a party to the marriage

In family law cases, the cost of legal fees and expenses are typically paid by each party individually, unless otherwise agreed upon or ordered by the court. Here’s a breakdown of who may pay in various scenarios:

1. Each party pays their own legal fees (most common).
2. One party pays the other party’s legal fees (if agreed upon or ordered by the court).
3. The court may order one party to pay the other party’s legal fees in specific circumstances, such as:
– If one party has a significantly higher income or financial resources.
– To ensure a fair and level playing field in the legal proceedings.
– As a sanction for unreasonable or frivolous conduct.
4. In some cases, the court may order a split of legal fees, such as 50/50 or 60/40.
5. Legal aid or government funding may be available in some jurisdictions for eligible parties.

It’s important to note that the court’s primary concern is the best interests of the child(ren), and the payment of legal fees is secondary to this consideration.

It’s always best to consult with a family lawyer to understand the specific costs and fee structures involved in your case.

Court-based Family Dispute Resolution (FDR) in family law is a process in which a Family Dispute Resolution Practitioner helps people resolve disputes with their former partner(s) .

Here are some key points you should know about court-based FDR in family law:

– The Court can refer your matter to a court-based FDR conference at any time during the proceedings.
– The purpose of court-based FDR is to enable parties to negotiate respectfully and reach an agreement with the assistance of a Registrar and, where appropriate, a Court Child Expert.
– All discussions at all stages of court-based FDR conferences are confidential unless threats of harm to a person or child are made.
– The Registrar and Court Child Expert cannot make decisions or give legal advice in court-based FDR conferences. Their role is to assist the parties in finding a mutually acceptable outcome that will allow them to formalize their agreement and exit the court system.
– Court-based FDR conferences can be held in person or via Microsoft Teams or other electronic means, including by telephone.
– Court-based FDR conferences can take place over a full day (9.00am to 4.00pm) or a half day (9.00am to 1.00pm).
– The Court will only make orders for these conferences where it is safe and appropriate for all parties to participate meaningfully.
– If you have any concerns about your safety or the dynamic between you and your former partner, you can request that the FDR take place by shuttle (this is where the parties are in separate rooms and the Registrar and Court Child Expert move between the private rooms).

In family law proceedings, an expert is a neutral professional who provides objective evidence and opinion to assist the court in making informed decisions. Experts may be appointed by the court or engaged by one or both parties. Their roles include:

1. Assessment and reporting: Experts evaluate the family situation, interview parties and children, and prepare reports on their findings.
2. Evidence provision: Experts testify in court, providing objective evidence and opinion on specific issues.
3. Child custody and parenting evaluations: Experts assess the child’s needs, parental capacity, and relationships to inform custody and parenting arrangements.
4. Property and financial evaluations: Experts value assets, determine income, and assess financial capabilities to inform property settlements.
5. Risk assessment: Experts identify potential risks to children or parties, such as domestic violence or child abuse.
6. Mediation and dispute resolution: Experts facilitate mediation and dispute resolution processes to help parties reach agreements.
7. Specialized knowledge: Experts provide insight into specific areas, like child development, psychology, or finance, to inform court decisions.

Experts in family law may include:

1. Psychologists
2. Social workers
3. Child development specialists
4. Forensic accountants
5. Property valuators
6. Family therapists
7. Mediators

The court relies on expert evidence to make informed decisions, ensuring the best interests of the child and fairness in property and financial matters.

Domestic violence can significantly impact family law proceedings in several ways:

1. Priority on safety: The court’s primary concern is the safety of the parties and children involved.
2. Risk assessments: The court may order risk assessments to determine the level of risk posed by the perpetrator.
3. Restraining orders: The court may issue restraining orders to protect the victim and any children.
4. Parenting arrangements: The court may limit or restrict contact between the perpetrator and the child(ren) or grant sole custody to the victim.
5. Property settlement: The court may consider the impact of domestic violence on the victim’s contributions to the relationship and adjust property settlement accordingly.
6. Spousal maintenance: The court may consider the impact of domestic violence on the victim’s ability to work and earn an income.
7. Evidence: Evidence of domestic violence may be considered in court proceedings, including witness statements, documents, and expert testimony.
8. Legal representation: The court may appoint a separate representative for the child or require the parties to have legal representation.
9. Mediation and negotiation: Domestic violence may limit the ability to negotiate and mediate, as the victim may feel unsafe or intimidated.
10. Court’s discretion: The court has discretion to make decisions based on the specific circumstances of the case, prioritizing safety and the best interests of the child(ren).

Domestic violence can have a significant impact on family law proceedings, and the court’s primary concern is the safety of all parties involved.

Yes, recordings can be used as evidence in family law cases, but there are certain requirements and considerations that apply:

1. Admissibility: The recording must be deemed admissible by the court, which means it must be relevant, reliable, and not obtained illegally or unfairly.
2. Authenticity: The recording must be authenticated by the person who made it, or by other evidence, to prove it is a genuine recording.
3. Accuracy: The recording must be an accurate representation of the conversation or event.
4. Context: The recording must be considered in context, taking into account the circumstances in which it was made.
5. Privacy: Recordings may raise privacy concerns, and the court may need to balance the right to privacy against the need for evidence.
6. Legal advice: It’s essential to seek legal advice before using recordings as evidence, as the rules of evidence can be complex.

Types of recordings that may be used as evidence in family law cases include:

1. Audio or video recordings of conversations or incidents
2. Phone calls or messages
3. Voicemails
4. CCTV footage
5. Recordings from smart home devices or apps

Recordings can be used to support various claims, such as:

1. Family violence or abuse
2. Contravention of court orders
3. Parenting disputes
4. Property disputes
5. Negligence or breach of duty

It’s important to note that using recordings as evidence can have implications, such as:

1. Privacy concerns
2. Emotional distress
3. Potential for manipulation or editing
4. Authenticity challenges

The court will carefully consider the recording’s content, context, and reliability before admitting it as evidence.

An Apprehended Violence Order (AVO) can significantly impact family law cases in several ways:

1. Impact on parenting arrangements: An AVO can limit or restrict contact between a parent and child, affecting parenting arrangements and custody.
2. Evidence of family violence: An AVO can be used as evidence of family violence, influencing decisions on parenting and property matters.
3. Risk assessment: The existence of an AVO may lead to a risk assessment to determine the safety of the child or other party.
4. Restraining orders: An AVO can restrain one party from contacting the other or approaching their residence, affecting communication and negotiation in family law proceedings.
5. Impact on property settlement: In some cases, the existence of an AVO may be considered in property settlement negotiations, particularly if the AVO alleges violence or abuse that affects the parties’ ability to cohabitate or jointly own property.
6. Legal representation: If an AVO is in place, the court may appoint a separate representative for the child or require the parties to have legal representation.
7. Court’s priority: The court’s primary concern is safety, so the presence of an AVO may lead the court to prioritize safety over other considerations in family law proceedings.

It’s important to note that an AVO is a separate legal matter from family law proceedings, but the two can intersect and impact each other.

The life cycle of a family law case typically includes the following stages:

1. Pre-action (pre-litigation): Parties negotiate and attempt to resolve disputes before filing a court application.

2. Initiation: A party files an application or petition with the court, starting the legal process.

3. Service: The application is served on the other party, notifying them of the proceedings.

4. Response: The other party files a response or answer with the court.

5. Pre-trial (interim) phase: Parties engage in discovery, exchange documents, and may attend mediation or conciliation.

6. Trial (hearing): Both parties present their case to a judge, who makes a final decision.

7. Post-trial (post-judgment) phase: Parties comply with the court’s orders, and any necessary adjustments are made.

8. Appeal (if necessary): A party may appeal the court’s decision to a higher court.

9. Finalization: The case is concluded, and the parties move forward with their lives.

Please note that this is a general outline, and the specific stages may vary depending on the jurisdiction and the complexity of the case.

The Department of Communities and Justice (DCJ) in Australia may intervene in a family law case in certain circumstances, including:

1. Child protection concerns: If there are allegations of child abuse or neglect, DCJ may intervene to ensure the child’s safety.
2. High-risk family violence: DCJ may intervene if there is a significant risk of harm to a party or child due to family violence.
3. Serious contravention of court orders: DCJ may intervene if a party repeatedly breaches court orders, putting the other party or child at risk.
4. Significant parenting disputes: DCJ may intervene if parties are unable to agree on parenting arrangements and the dispute is having a significant impact on the child.
5. Allegations of international parental child abduction: DCJ may intervene if there are concerns that a child may be taken out of the country without the other party’s consent.
6. Serious concerns about a child’s welfare: DCJ may intervene if there are concerns about a child’s physical, emotional, or psychological well-being.
7. Failure to comply with court-ordered mediation: DCJ may intervene if parties fail to attend mediation as ordered by the court.

When DCJ intervenes, they may:

1. Conduct investigations
2. Provide reports to the court
3. Recommend counseling or mediation
4. Apply for court orders
5. Represent the child’s interests in court

The goal of DCJ intervention is to ensure the safety and well-being of children and families, and to support the court in making informed decisions.

Here are some key points to know about parental responsibility in family law: –
– Parental responsibility refers to the duties, powers, responsibilities, and authority a parent has in relation to a child.
– Both parents have parental responsibility for the child unless there is a court order stating otherwise.
– Parental responsibility remains even if the relationship between the child’s parents changes, such as separation, divorce, or remarriage.
– Parental responsibility includes making decisions about major long-term issues relating to the child, such as education, religious instruction, medical treatment, and travel.
– Day-to-day care and minor decisions are not considered parental responsibility.
– The court can make orders for equal shared parental responsibility or sole parental responsibility based on the best interests of the child.
– The Family Law Amendment Act 2023 removed the presumption of equal shared parental responsibility, and now each case is evaluated on its specific merits.

Criminal records can be used in family law cases in various ways:

1. Child custody and parenting arrangements: A party’s criminal history may impact their ability to provide a safe environment for the child.

2. Risk assessment: Criminal records may be considered in risk assessments to determine the likelihood of violence or harm to a party or child.

3. Character evaluation: Criminal records can be used to evaluate a party’s character and trustworthiness.

4. Supervised visitation: A criminal record may lead to supervised visitation to ensure the child’s safety.

5. Restraining orders: Criminal records may be used to justify restraining orders to protect a party or child from harm.

6. Property settlement: In some cases, criminal records may impact property settlement negotiations.

7. UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) proceedings: Criminal records may be considered in determining jurisdiction and enforcement of child custody orders.

8. Child support: Criminal records may impact a party’s ability to pay child support.

It’s important to note that the court’s primary concern is the best interests of the child. The relevance and weight given to criminal records will vary depending on the specific circumstances of the case.

Cost notices in family law cases are documents that outline the legal fees and costs that have been incurred by a party in a family law matter. The costs notice must be provided to the client, the court, and the other party in the matter. The purpose of a costs notice is to ensure that all parties are aware of the costs of running a family law matter and to encourage parties to take a sensible and pragmatic approach to litigation.

Some of the costs that may be included in a costs notice are:

– The total costs a client has incurred to date
– Disbursements such as valuation fees, court fees, and barrister fees
– An estimate of the costs the client may incur at each stage of the proceedings
– An estimate of the costs the client will incur for the remainder of the proceedings

Cost notices are required to be provided before every court event, including directions hearings, interim hearings, and final hearings. They are also required to be exchanged before mediation and may be required when offers are being made.

Subpoenas in family law cases are legal documents issued by the court that require a person or organization to:

1. Produce documents or evidence (Subpoena for Production)
2. Attend a hearing or trial to give evidence (Subpoena to Give Evidence)
3. Both produce documents and give evidence (Subpoena for Production and to Give Evidence)

Subpoenas are used to obtain evidence that is relevant to the case, but is not in the possession of the parties involved. They can be issued to:

– Third parties, such as banks, schools, or employers
– Expert witnesses, such as psychologists or valuers
– Social media companies or other online platforms

The purpose of subpoenas in family law cases is to:

– Gather evidence for child custody or property disputes
– Verify the accuracy of financial disclosures
– Obtain records or documents that are relevant to the case
– Compel witnesses to testify in court

Failure to comply with a subpoena can result in serious consequences, including fines or even imprisonment.

The Central Practice Direction for family law cases includes the following principles: –

– Risk: Prioritises the safety of children, vulnerable parties and litigants.
– Parties, lawyers and the courts obligations: Achieves the just resolution of disputes according to the law quickly and cost efficiently.
– Efficient and effective use of resources: Ensures the appropriate handling of risks wherever they are identified.
– Approach to case management: Ensures consistent case management with early triaging of matters and the use of internal and external Alternative Dispute Resolution (ADR).
– Importance of ADR: Encourages the use of appropriate ADR to resolve disputes before entering into litigation.
– Costs consequences for failure to comply with orders: Non-compliance with court orders may attract cost consequences.
– Lawyers’ obligations about costs: Ensures lawyers are sensible and reasonable about the cost of litigation.
– Identifying and narrowing issues in dispute: Issues in the case are narrowed to those genuinely in dispute.
– Preparation for hearings: Parties and lawyers should be prepared for hearings.
– Efficient and timely disposition of cases: Courts will act efficiently and effectively to finalise pending matters.

No.

All the communication happens from us to your partner or their solicitor, if they have one.

We work closely with reputable service companies to ensure your partner receives the documents. We initiate a job request with the server company and one of their workers attends your partner’s address to serve the documents. Your partner will need to sign certain documents to prove to the Court that they have received the documents.

$1,650 (inc. GST).

This amount does not account for document process server fees and attendance at Court (if required).

Australian Family Law does not require a person’s consent to get divorced.

Provided certain requirements are met, for example 12 months’ separation and at least one of the parties is resident in Australia, the divorce will go through.

A party may object to the Divorce and file a Response, however it will not be upheld simply because they do not want to get a divorce. They must prove to the Court that one of the requirements for divorce are missing. Commonly, it will be when a party asserts that 12 months’ separation has not yet occurred.

Think of Family Law cases as having three heads: Divorce, Parenting and Property.

The Divorce head is the legal termination of the marriage. It permits the parties to re-marry as polygamy is unlawful in Australia. In how it relates to Parenting, at the Court divorce hearing the Court wants to be satisfied that proper arrangements are in place for the care, welfare and development of the children. In the Divorce Application, there is space to describe the parenting arrangements in place.

In terms of its interaction with Property, parties have 12 months to initiate a Property Settlement claim in the Federal Circuit and Family Court of Australia from the date on the Divorce Order.

There will be no in-depth exploration of Parenting and Property matters at the Divorce Hearing. These are explored in separate cases which require the filing of separate documents.

All reasonable attempts need to be made to serve documents on the other party.

However, if a party is clearly avoiding service then evidence will need to be shown to the Court of attempts made. It may mean that a Court dispenses with the need for service, meaning service will not need to occur.

The Court will want to see that all reasonable attempts have been made to locate your partner. For example, searching the electoral roll, asking friends and family, reviewing social media.

If the search fails, the Court can grant a variety of Orders such as a Substituted Service Order and Dispensation of Service Order. The former permits the Divorce Application to be served on your partner other than by hand, for example their last known email address or social media account. The latter allows the Divorce to be processed without service needing to occur, though this is less common.

Yes.

Provided there is a valid copy of a marriage certificate, the divorce can proceed.

All reasonable attempts will need to be made to locate the marriage certificate, such as making inquiries with public record institutions such as Births, Deaths and Marriages.

If a marriage certificate cannot be obtained, you will have to give evidence of a marriage ceremony taking place. This may require leading evidence from witnesses present at the ceremony, such as friends, family and/or marriage celebrants.

Yes, this is called a “Joint Divorce Application”.

It is in fact a smoother process since both parties are in agreement and does not require us to arrange a process server to serve documents on your partner.

It will require the ordinary Application to be completed and signed by both parties.

Generally, no.

Parties are required to participate in mandatory mediation before initiating Court proceedings. There are of course exceptions to this rule, for example where family violence exists or where there is a real risk of harm to the child.

That’s great. Provided the arrangements and workable and in the children’s best interests, a consented outcome is far better than spending time and emotional resources in litigation.

You may choose to have these arrangements turned into a Parenting Plan or filed with the Court through Consent Orders.

If you have not yet been issued with a “Section 60I certificate” from the mediator, request one.

The next step is to prepare the required Court documents and commence a Parenting case in the Federal Circuit and Family Court of Australia.

The recent Guidelines by the Federal Circuit and Family Court of Australia have set the life-cycle of a case at 12 months. Considering cases could historically take around 2-3 years to complete, this is an ambitious target.

While the results of the recent reforms will be determined in time, our goal is to resolve your case wherever possible. Settlement options can be pursued at any stage of the Court process and we will work with you to ensure there is no wastage in time, money and emotional resources.

As a general principle, the older the child is, the more influential their views become, though it will always depend upon maturity levels. For example, the views of a teenager would carry far more weight than those of a toddler.

While children’s views may be influential, they are only one of several factors the Court must take into account when making orders that reflect the children’s best interests.

It depends.

Not every case is suitable for an equal shared care arrangement. Without limiting the scenarios, for example: where there are very young children (e.g. under 3) whom have a strong primary attachment to one parent; where the communication between parents is poor or non-existent; or where the distance between the parents’ residences makes it unworkable.

In the end, each case will depend on its unique facts and circumstances, and the Court will be guided by the best interests of the children as the guiding consideration.

Child support is calculated on several factors, one of which is the number of nights within a fortnight that the children spend with each parent.

Free child support estimate calculator