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). This new paid leave entitlement provides crucial support to survivors of domestic violence, allowing them to take the time they need to address the effects of abuse and ensure their safety.

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 will be, well done!

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, attendance at mediation to revisit the parenting arrangements. Where parents cannot reach an agreement to vary the orders outside of court, a party may make an application to the Court for the Court to decide whether it is in the best interests of the child to review and change the order.

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 by weighing the value of the evidence against the matter and applying the relevant provisions of the legislation. For example, where such evidence is obtained improperly (such as may be the case it is a secret recording), the admissibility of the evidence will be based on how probative and relevant the evidence is and how fair it would be for the recording to be admitted.

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.

A common trend given the recent rental crisis is for parties to be separated but living under one roof, this is where parties to a marriage (or de facto relationship) separate however continue to live in the same home, for what can be short-term or long term (even up to several years).

Property settlements in family law can be complex and confusing, even more so when ‘gifts’ and ‘inheritances’ are part of the property pool.

During a relationship, it is common for couples to receive financial assistance from parents or other family members, and this is often a source of conflict following separation. A party might argue that the financial contribution was a gift whilst another party might argue that it was a loan that now requires repayment.

The dispute often arises because there was an informal agreement between one of the parties’ parents in relation to the repayment of monies. In some instances, parents might not consider it necessary to formalise the loan; rather there is simply an understanding the money will be repaid. In other situations, the ‘loan’ is formalised and secured by a mortgage but can still be challenged.

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. Prospective buyers are eager to lock down house and land packages in an attempt to enter the property market, often opting to enter into off the plan residential contracts with developers.

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 with children that will impact the children having a meaningful relationship with the other parent or other important people in the children’s lives.

It is important that these discussions occur, and an agreement is made between parents before any relocation occurs.

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.

The Family Law Act 1975 sets out that a person has a responsibility to financially assist their spouse, or defacto partner if that person is not able to meet their own reasonable expenses from their personal income or assets.  

In Family Law, it is widely understood that property division is one of the most disputed stages of a divorce proceeding.  

However, lets look at how property division and divorce are different.  

When we take an initial family law enquiry, it is more often than not from a new client who is looking to ‘get a divorce’, however when we delve deeper with the client, what they are mostly concerned about is their property division. They are two (2) separate processes.  

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, we thought we’d answer some common questions, to help you understand the relevance and importance of a Family Report Writer. 

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.  

You cannot advertise for any surrogacy arrangement whether you are looking to be the birth mother or you are the intended mother. 

The only exception to making any financial contribution is reasonable costs such as medical costs for the pregnancy ETC. 

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.  

Conveyancing is the legal transfer of property from one party to another. Conveyancing in Queensland is complex and is affected by at least 20 different pieces of State and Federal legislation, contract conditions, extensive case law and practice guidelines. So, it’s easy to see why contacting a solicitor is crucial to ensure the property is transferred correctly. DIY conveyancing is simply too risky and can easily result in hidden costs, defaulting on your obligations, disputes and overall just a minefield for the untrained individual.  

Mediation is a form of Alternate Dispute Resolution which assists parties come to an agreement without the need to go to court. Mediation can help parties reach an agreement as quickly, cost effectively and stress free as possible.  

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! If you and your ex-partner are not able to work out suitable arrangements for the pets, the courts can make the decision for you – but it won’t be a simple process, and it won’t be a shared custody arrangement! 

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. Whether you are a young or an older person, we all have a right to feel safe, heard and respected. No matter the circumstances, DFV can be frightening and dangerous - even when no physical harm has occurred, there is always the potential that the abuse will escalate. The law recognises the importance of this and has legislation in place to protect against violent behaviour.