As part of a compensation claim, lawyers need to establish that our client has suffered economic loss as a result of their injury.

To non-lawyers, calculating economic loss (or sometimes loss of earning capacity) is far more intricate than you might realise.

Often, clients will ask us – why do you need my tax records? Or why do you need income information if I only worked somewhere for a few days?

So what types of documents might we require as evidence of loss of income or earning capacity: –

• Tax records for at least 3 years before your injury;
• Medical records also assist as often you will tell your doctor about matters which cause your injury to worsen (sometimes called “aggravating factors”). This could be things like lifting, pushing, pulling, bending, walking, driving.  These might be activities that you need to perform as part of your work duties;
• Payslips;
• Employment records – employment contracts, evidence of pay-rises; overtime, leave history;
• Independent medical examination reports from a specialist for evidence of occupational limitations.

It is important to remember, that when we are considering these matters, we need to consider the impact of these injuries on you not just in the present, but until age 67 when you are expected to retire.  As we get older, your injury might not affect you the same way and this should be accounted for.  This is one of the main reasons we need medical evidence to substantiate the trajectory of someone’s permanent impairment.

Then, using this information, your lawyer can consider how your injury is likely to equate to loss of income or loss of earning capacity to your expected retirement.

If you need advice on a compensation claim, contact our experienced compensation lawyers via this link to discuss your enquiry on a no obligation basis.

A recent and intriguing case in Victoria has seen a couple barred from claiming a multimillion-dollar estate due to a small ink spot concealing their names as beneficiaries on a will.

Howard Thomas, aged 75, had a three-page will dated in 2011, but a black ink mark obscuring the names of the beneficiaries in two key clauses led the Supreme Court to rule that he intended to revoke his will.

Known to be somewhat quirky, Thomas lived in what his friends described as an “uninhabitable” residence. The will was found by a former colleagues two months after Thomas’ death in his kitchen amongst a pile of dirty papers.

While the court could find no immediate heirs or alternative beneficiaries, the nature of the black markings was seen as indicative of Thomas’s intent to annul the entire will.

The absence of such clarity can lead to unexpected outcomes in estate matters.

Thomas had initially left his estate, worth around $4.46 million, to his close friends, Richard and Deborah Nightingale.

Upon Thomas’s death in July 2021, it was found that he had no immediate family, domestic partner, or children. His only surviving kin were six cousins, one filing for intestacy.

How did the will look?

While the ink mark had almost completely covered the Nightingales’ names in two key clauses, no other alterations or marks were found on the will, leading to the conclusion that Thomas intended to revoke it.

“Assuming the markings on the Will were made by the deceased, I am satisfied that the deceased intended to revoke it” ruled Judge Steven Moore.

Further, “the markings effectively obliterate the names of the executors and the beneficiaries, on its face stripping the will of its essential elements” he said.

What happens when you die without a will?

As a result of the blot of ink marking out the beneficiaries’ names, Thomas was ruled to have died intestate, leaving his estate’s distribution to be governed by local laws and potentially forfeiting it to the state in the event that there were no other beneficiaries.

Unintentional revocation due to a subsequent marriage, misplacement of the original will, or improperly prepared wills are common reasons for intestacy.

Lawyers often find that testators store their wills in secure places but need to inform people, leading to difficulty locating them.

What can I do so this doesn’t happen to me?

While such cases are rare, they prove the importance of having an up-to-date, clearly drafted, and easily accessible will.

Make sure you renew your will regularly, particularly after any major life events like a death or divorce in the family.

Make sure your will is being stored at your solicitor’s office and that your executor knows where to find it.

Renewing your will at Lockett McCullough Lawyers

Our office has large safe custody facilities in each of our offices, which are available to our clients to use free of charge.

This ensures that our wills do not get lost or mishandled.

Speak to our experienced estate planning lawyers at Lockett McCullough Lawyers to assist you with writing or re-writing your will.

Electronic conveyancing is now the norm in Queensland with the new mandate having come into effect on Monday, 20 February 2023.

Queensland now joins Western Australia, South Australia, New South Wales and Victoria in having mandatory Electronic conveyancing in place.

The new mandate means that property transactions throughout Queensland will need to be completed electronically, through the use of the Electronic Lodgement Network (ELN).

From the mandate date of 20 February 2023, the majority of transactions/documents must be settled electronically – including transfers of land, mortgages, requests to record death on a title and caveats, which encompass the majority of transactions.

There are some exceptions to this, for example if the ELN does not have the required functionality to prepare or lodge a certain type of document, it will be required to be manually lodged via paper at the Titles Office.

For a full list of what is included and excluded, please click here to visit the Titles QLD Website.

Property Exchange Australia (PEXA), is the ELN that is used in Queensland. Established in 2010, PEXA operates nationally and will facilitate the hundreds of transactions that occur every day throughout Queensland.

The move towards electronic conveyancing is being driven by a desire to make the property buying and selling process more efficient and secure. By using PEXA, conveyancing practices will be able to lodge and withdraw documents, pay and receive funds, and exchange information with other parties in a secure online environment.

The Benefits of Electronic Conveyancing

One of the main benefits of electronic conveyancing is the speed and convenience it offers. Transactions can be completed faster, with less need for paper-based documents and in-person meetings. This can save time and money for all parties involved, as well as reducing the risk of errors and delays.

It also makes cross jurisdictional conveyancing much easier – for example if a client is selling a property in Queensland and simultaneously purchasing in New South Wales, these two transactions can be linked in PEXA so that the funds flow smoothly from the client’s sale through to their purchase.

Another major benefit is improved security. The ELN uses advanced encryption and authentication technologies to ensure that all transactions are secure and protected from fraud. This helps to give buyers and sellers peace of mind that their personal and financial information is safe and protected.

Both buyers and sellers have the ability to track the progress of their settlement and safely manage their account details through the use of the PEXA KEY. This is a smartphone app that allows clients to securely input their banking details, which eliminates risk of cybercrime via phishing, email interception and of course human error.

Sellers will receive their proceeds of sale the day of settlement (usually within the same hour), instead of waiting up to 3 business days for settlement monies to clear via bank cheque. Similarly, agents, council and water rates, body corporate levies etc will all be paid in clear funds on the settlement day, instead of waiting for a bank cheque to clear.

For the Buyers, the title is immediately transferred, putting the property in their name almost instantaneously with the settlement (instead of taking weeks manually via paper). Buyers will receive a Registration Confirmation Statement showing that they are the new registered owners of the property usually within half an hour of settlement being effected.

The mandate to use electronic conveyancing is a significant step forward for the property industry in Queensland. It will bring benefits for buyers, sellers, lawyers, real estate agents and banks, making the property buying and selling process quicker and more secure.

Contract updates

In response to the Electronic conveyancing mandate coming into effect, the Queensland Law Society and the Real Estate Institute of Queensland (REIQ) have prepared updated REIQ contracts which have also been released this week.

These changes include:

1. Amendments to the current electronic settlement clauses
2. The cluse will apply if a transfer is required document under the Land Title Regulation 2022
3. The clause outlines a process for nominating an electronic lodgement network operator (ELNO) system by the seller
4. Where there was previously a right to withdraw from an electronic settlement, this option has now been removed.

We are #PEXAexperienced

Despite many law firms only subscribing to PEXA during 2020 in the middle of the COVID-19 pandemic as a necessity, Lockett McCullough Lawyers first subscribed to PEXA in March 2019, long before any indication of electronic settlements becoming mandatory. We are among the most prolific users of PEXA among conveyancing practices in Queensland and proudly promote that we are not just #pexasubscribed but #pexaexperienced.

We have years of experience and have completed thousands of transactions on the platform. We completed our first ELN QLD property transaction via the PEXA platform in March 2019 and not long after that we were trying to settle as many transactions as possible through the PEXA platform.

Along with many conveyancers and solicitors around Queensland, we are genuinely excited for the mandate, and look forward to continuing to help thousands of buyers and sellers every year with their conveyancing.

If you are wanting to buy or sell and need a conveyancer, please don’t hesitate to contact our experienced conveyancing team:

Toowong – 07 3870 8244

Albany Creek – 07 3264 7692

Noosa – 07 5449 7500

It is that time of the year again – Christmas and New Year are fast approaching! It is quite common for us property lawyers and conveyancers to see the volume of contracts and settlements increase exponentially in late November and early December in anticipation of Christmas.

Quite simply, it is very convenient for buyers and sellers to use the Christmas/New Year period as an opportunity to move.

What happens if the building and pest condition, finance condition or Settlement Date fall over the Christmas / New Year period?

Do the solicitors and banks still have to work? Generally speaking – yes they do! This means that buyers and sellers need to be aware of the impact of the holiday period on the critical dates in their conveyancing contracts.

Under the standard REIQ Contracts (residential or commercial), they provide that if a critical date falls on a non-business day, then it must be done on the following business day. This means that if you are required to notify the seller whether you have finance on a Saturday, then this date will automatically hold over and fall due on the Monday (when everyone is back working).

In the most recent version of the REIQ Contract, the following applies:

“Business Day” is usually defined as meaning –

• Monday to Friday; except where there is a public holiday
• A day in the period 27 – 31 December 2019 (inclusive)

This year, the last business day of the year falls on Friday 23 December 2022 and the first business day after the shutdown period is Tuesday 3 January 2023, due to Monday 2 January 2023 being the Public Holiday for New Years Day.

This means that any conditions which fall between Saturday 24 December 2022 and 2 January 2023 will automatically default to Tuesday 3 January 2023.

From a practical point of view, all the work to prepare for settlement will need to be finalised by the banks and solicitors/conveyancers prior to Christmas to ensure a smooth Settlement in the New Year.

In saying this, not all banks will be ready to book before the Christmas holidays commence as loan documents may not all be returned or verified by the banks on time. It is crucial that you try to have your bankers and brokers escalate matters with your banks to try and avoid any settlement delays.

If it is possible, we recommend that the parties agree for contract dates to fall a couple of days into the New Year or a week into the New Year and not the first day back. That way, there is a better chance that the parties will be able to settle and the banks are able to provide funds.

It is good practice and prudent to have your solicitor confirm what version of the Contract you have signed, to ensure that the current version of the Contract is being used and that the above dates are effective.

Cooling Off Periods

Despite our advice above, the same does not apply to Cooling-Off periods. As the Cooling-Off period is imposed by statute, the period is not covered by the standard conditions in conveyancing contracts, but by legislation.

As a result, the non-public holidays between Christmas and New Year are counted in the calculation of the 5 business day cooling off period. If you are looking at signing a Contract to purchase a property over the next week, you should keep this in mind because it is likely that the cooling-off period for your Contract will expire during the time that most law firms and real estate agencies are closed.

If you think that you will need to terminate a Contract in the cooling-off period and the expiry of that period will fall in the holidays, you should contact our experienced conveyancers at Lockett McCullough Lawyers to discuss your options.

Other things to consider

• Please note that the calculation of dates above only applies to standard REIQ Contracts. It may not apply to Off The Plan Contracts or where there are special conditions to the contrary.
• For REIQ Contracts which are the 17^th edition (introduced from February 2023), there is the option under clause 6.2 for either party to extend Settlement for up to 5 business days without penalty. This may give you more time to prepare for Settlement is required.

Our Toowong, Noosa and Albany Creek offices will remain open over the Christmas and New Year period except for the Public Holidays. However, on the Public Holidays we will still be available by email should you wish for us to review a Contract of Sale for you.

Everybody assumes that personal injury lawyers are expensive.  This is true to a certain extent.  Often we have a file for 2 years or more.  When a compensation lawyer tells you that their bill could be as much as $20,000 or $30,000 it gives us a momentary cardiac arrest.

The thing to remember is these estimates are given knowing that a compensation claim will on average be managed by that compensation lawyer for no less than 12 months, and sometimes up to 2 years.  And that is only to a Compulsory Conference.

There are many variables which impact how much a compensation claim costs to run for a compensation lawyer.  These are: –

• How bad is the injury?

The more serious the injury, the bigger the medical history is that we need to obtain and review, the more medical investigations we need to undertake, the more likely the insurer on the other side is to be difficult and usually (which is very unfortunate), the less likely to settle in the short term.

• Are there any issues on liability? What this means is – is there an argument about whether or not the other person (insurer) is at fault?

If there is, there could be additional costs in investigating these issues.  These could be: –

• Making a request for information or documents from the insurer;
• Maybe there is expert evidence to be obtained from an engineer about the incident or the cause of the incident (particularly in a work injury type claim);
• How many witnesses are there? Do we need to use a private investigator to track down any of these witnesses?

These types of issues also mean that there is resistance from the insurer about resolving the matter early in the piece.

Unfortunately there is no shortcuts in a compensation claim.  However, how do you attempt to keep costs down.

Things are undoubtedly stressful when you are going through this process.  You may feel the need to ‘vent’ to your compensation lawyer.  I’m sure they’re happy to listen, but remember the clock starts ticking the minute they pick up the phone.

The more you talk to them, the more you email them or send them documents – the bigger their bill is likely to be.

However, a compensation lawyer really needs to have all the information.  It is VITAL that you give them everything relevant to the claim.  If you’re not sure, you should give it to them and let them decide if it’s relevant or not.

So how do you keep costs down?  What are the DO’s and DON’Ts for communicating with a compensation lawyer.

• If you talk to your compensation lawyer on the phone – be prepared and have your questions ready.
• If you communicate with your compensation lawyer by email – this is a good way of keeping your costs down.

However be mindful – the more emails the higher your bill.

We would suggest keeping a personal note of what information or documents you want to send to the compensation lawyer and send the compensation lawyer ONE email only with all the issues.  Perhaps save them up and send one email every fortnight or so.  If you send your compensation lawyer an email every day you are going to get charged for each email.  If you send them one email with all of those matters addressed, you will get charged for the time it takes for the compensation lawyer to read that one email.  There is no question, it will be cheaper to read just the one email.

• If you have bundles of documents – send them in one email not in multiple emails.

If you need advice on a compensation claim, contact our experienced compensation lawyers via this link to discuss your enquiry on a no obligation basis.

We see this term everywhere in Compensation Law – “No Win No Fee” but is that what it really means???

When finding a compensation lawyer to run a compensation case, it is really important that you understand the costs involved in your claim.  Under a “No Win No Fee” arrangement (sometimes also called a “conditional costs agreement”), you won’t need to pay any money upfront towards your legal bill, but when your case is finished, you will need to pay your lawyer for their time and efforts in resolving your claim.

There are 2 main aspects you need your compensation lawyer to explain: –

1. If I win, how are my costs charged?
2. If I lose my case, can I be charged?

If you win your case – this means that you received a sum of money for compensation (or damages as we sometimes call them).  There are some cases where insurer may pay an amount towards your legal bill.  It is usually some but not all of them.

When this happens this means that you become obligated to pay your legal fees when the money is received from the insurance company.

There are 2 parts to calculating your own legal fees: –

1. There are your professional legal costs. This is usually charged on an hourly rate for the lawyer and/or their teams work on your file;
2. Expenses (or disbursements). These are the costs that the law firm incurs on your behalf during the course of the claim.  For example, often we have to obtain a medico-legal report from a doctor about the injuries and consequences of those injuries.  These can be quite costly.  The law firm will make payment of those costs on your behalf until the successful outcome in your matter.

Another common question that comes up is – can my compensation lawyer take more money than I get ‘ín-hand’?

The short answer is ‘No!’.

“No Win No Fee” agreements must comply with the “50 / 50 Rule”.  Under this rule, you must pay back government refunds (like Centrelink or Medicare and others), you must also pay back the expenses (disbursements) to the compensation law firm.  After those amounts are paid, the remainder may be split 50/50 with the compensation lawyer and you.

The other misconception is that this rule means the compensation lawyer takes 50% of the compensation amount or some other percentage of the compensation amount.  This is actually called a contingency fee.  These are prohibited.

If you think your compensation lawyer is proposing to charge on this basis, it is best to seek clarification from them and if you still think this is the case – we would recommend seeking a second opinion.

Then there is the untimely situation where you lose your case?

Well, you don’t need to pay for your own lawyers fees and disbursements under a “No Win No Fee” arrangement.  But watch out – if your case goes to Court, a Judge might make an order that you pay the insurer’s legal bill (usually not all of it).

Lawyers offering a “No Win No Fee” agreement will usually explain to you at the outset what they believe your prospects are for winning.  It is not a guarantee that you will win, but it can give you some explanation about the case and your probabilities of winning.

It is important to remember also that most types of compensation claims resolve outside of Court.  You will be given opportunities along the pathway to resolving your matter to attempt settlement.

Legal costs can be confusing and it is important to understand the basis on which you are being or likely to be charged and the risks you may enter.

So what questions do you ask your lawyer: –

1. What is your hourly rate and the hourly rates of your team?
2. What is the uplift fee to be charged and the care and consideration fee?
3. What are the estimates of the professional legal fees and expenses in my case?
4. What are my prospects of winning?
5. What might happen if I lose my case?
6. Will the insurer contribute to my legal costs?

Our experienced compensation lawyers can assist you by giving you clear advice about your claim and the likely legal costs involved.  Contact our experienced compensation lawyers for a no obligation consultation about your compensation matter.

Compensation Lawyers Toowong – (07) 3870 8244

Compensation Lawyers Albany Creek – (07) 3264 7692

Compensation Lawyers Noosa – (07) 5449 7500

Accidents can happen everyday and doing everyday activities.  They happen when we least expect it.  Everyday activities come with inherent risks of injury.  When you are involved in an accident, it is a traumatic, overwhelming and scary experience.

The first thought that you have is – what do I do now?!

Accidents often happen when we are on the road, at work, from falls at the shopping centre, falls from heights (like a balcony).

If you find yourself in such a position, there is a few hot tips that can assist in the event that you need to make a claim for compensation: –

1. Photos of the accident scene. These can be pivotal to recreate the accident scene.
2. Photos of your injuries such as bruising, breaks or other visible signs of trauma;
3. Witness details. Obtaining name and contact details of anyone who saw what happened can also prove to be very valuable.  When we suffer a trauma, our memories can play tricks on us.  Having an independent witness who can verify the circumstances of the event can make or break a case.
4. In a car accident – obtain details of the driver and the registration number of the other vehicles;
5. See your doctor and document your injuries. Have your doctor give you a referral for medical treatment and allied health such as for x-rays and other scans, specialist advice, physiotherapy, counselling or any other recommended course of therapy.
6. If you pay for any treatment or other expenses associated with your injuries, keep records of your costs. You may be able to claim these back later!

But most of all – stay calm! Help is out there.

You should contact an experienced compensation lawyer for advice about what happened as soon as possible following an accident and to find out if there is any avenue to obtaining compensation.  Commencing a claim for compensation sooner rather than later also enables you and your compensation lawyer to work together to gather and collect evidence when it is fresh.

There are strict time limits to make a claim in Queensland depending on the relevant law that applies to your claim.

Contact our experienced compensation lawyers to obtain advice and assist you in the claims process – 3870 8244 (Toowong) or 3264 7692 (Albany Creek).

With couples spending more time together than ever before in these unprecedented circumstances, it is certain to increase the pressure on couples’ relationships.

Increased time at home, anxiety and financial strain are causing more arguments than usual between couples. Perhaps one or both parents have lost their job/business/substantial income due to the virus pandemic.

Couples may also be home-schooling children (who likely have cabin fever from being stuck at home) as well as trying to stay financially afloat. It can’t be denied that these are stressful times that will test the patience of many couples. Us lawyers are seeing this first hand from the increase in our family law matters.

So far through the coronavirus pandemic, our experienced family lawyers are being kept very busy with a variety of matters:

1. urgent court applications from parents not adhering to existing court orders – many using social isolation and social distancing as excuses (reasonable or not);

2. increase in domestic violence matters – because couples are stuck at home together in a toxic environment; and

3. new clients who have decided to end their relationship or marriage because social isolation has made them realise that they do not want to be in their marriage any longer.

Following the easing of social restrictions and lockdowns, we are predicting a “divorce pandemic” – a spike in applications for divorce from couples who have realised over the pandemic period that they no longer want to remain in the relationship.

However, now is really the time couples need their relationships and support more than ever and should use this time as an opportunity to reconnect and address issues that may have been simmering away for some time.

Here are our top 5 practical tips that you can use to help your relationship avoid becoming part of a “divorce pandemic” and come out even stronger once the pandemic is over.

1. GIVE EACH OTHER SPACE

While your time apart is going to be limited right now, bring physical space into the relationship where you can. This may mean working from different rooms (perhaps one upstairs and one downstairs if possible), one person wearing headphones or taking separate walks outside. This may also mean alternating who looks after the children from day to day, depending on which parent may be working or what their daily activities look like.

2. MAINTAIN STRUCTURE

For your own mental health and the stability of your relationship, aim to keep a daily routine as best as you can. Include time for things you would normally do, such as getting up, getting dressed, having set meal times, daily exercise, time apart and family time together.

If you are home-schooling children, make a rough scheduled of who will look after the children, so that you both get a break and responsibility are shared.

3. BE AWARE OF YOUR EMOTIONS

Many couples are experienced heightened emotions. This makes them more susceptible to being upset by their partner and less tolerant of their partner or of their children. Emotionally intelligent couples acknowledge their own emotions and allow space for the other person to have theirs.

Before you react, be aware of the emotions that you are feeling.

Acknowledging your emotions will allow you to speak more calmly and not say anything that may cause an argument and also allow you to be more understanding of your partner.

Try to get in some regular exercise whilst at home as this will assist with your overall mental wellbeing.

4. CHOOSE YOUR WORDS AND TONE CAREFULLY

What you say and how you say it matters. Being critical, defensive or outright refusing to address issues will not assist with problem solving in your relationship.

If you are wanting to say something that may be difficult for your partner to hear, aim to use a gentle “start up” and share your needs in a positive way.

Try not to lose your temper and remain calm.

5. MANAGE YOUR FINANCES TOGETHER

With many Australians out of work or experiencing a drop in income, financial strain is one of the major issues adding pressure to relationships.

Use this time to review your financial goals with your partner and regularly talk about how you can stay on track.

If you have taken a financial hit (as most couples have) throughout the pandemic, discuss strategies to get back on track with savings or improve cashflow. Also ensure that you research and are well up to date with any stimulus packages or payments that will be of assistance to you.

If you do decide to end your relationship during or following the coronavirus period, please feel free to contact our experienced family lawyers for expert family law advice – 3870 8244 (Toowong) or 3264 7692 (Albany Creek).

However, if you or someone you know is impacted by family or domestic violence, please call 1800RESPECT on 1800 737 732 or dial 000 is there is an emergency.

To work out the best parenting arrangement for your children, the Court must first consider what is in your child’s best interest.

To do this, the Court looks at the following main considerations:

• the benefit of children having a meaningful relationship with both parents
• the need to protect children from physical and psychological harm. This includes children seeing family violence, being neglected, or being physically or psychologically hurt.

The need to protect a child from physical and psychological harm, including family violence and abuse, is given the most weight because your child’s safety is paramount.

The Court also looks at:

• children’s views—the court will look at how much children understand and how mature they are; children don’t have to express views if they prefer not to
• the kind of relationship children have with their parents and other significant people, including grandparents, siblings and other relatives
• how much each parent has participated in making decisions about major long-term issues affecting the children including:
  • how much time each parent has spent and communicated with the children during and after the relationship
  • whether each parent has fulfilled or failed to fulfill their parental obligations (eg paying child support on time).
• the likely effect of any change to where children have been living or staying, including separating them from either parent, grandparents, siblings, any other relatives or other people important to their welfare
• the practical difficulty and expense of children seeing each parent, and whether that difficulty will affect their right to have a relationship with each parent; this includes spending time with or communicating with each parent
• how much each parent and any other person (including grandparents and other relatives) can provide for the children’s physical, emotional and intellectual needs
• the children’s and each parent’s maturity, background (including culture and traditions), sex and lifestyle, and anything else about the children the court thinks is important
• Aboriginal or Torres Strait Islander children’s right to enjoy their culture (including with others of that culture)
• each parent’s attitude to the responsibilities of being a parent and towards their children in general
• any family violence involving the children or their family member
• any interim, final, non-contested or police issued family violence orders that include children or their family member
• whether the orders the people involved have applied for will reduce the risk of further court proceedings
• any other considerations the court thinks important.

Often the Court will also have regard to the previous parenting arrangements and any events that have occurred post separation.

Children’s wishes

The Court will not speak directly with your child.  If your child expresses any wishes those wishes will be weighed up against their age, maturity and understanding.  This is done by a Family Report Writer who is usually a psychologist or social worker.

Equal shared parental responsibility

The parties have a presumption at law that it is beneficial for a child if the parents have equal shared parental responsibility.  This presumption applies unless there has been child abuse or family violence by a parent or a person who lives with the parent. Of course, the Court may also take into account other factors.

Equal shared parental responsibility means both parents share decision making for major long-term issues about the children.

This includes making decisions about the children’s:

• education
• religious and cultural upbringing
• health
• name
• living arrangements.

Each parent will be responsible for the day to day care of the Child

Parenting Arrangements

If the court decides that equal shared parental responsibility applies in your case, then it must also consider whether it’s practical and in the children’s best interests for the child to spend equal time, or substantial and significant time with each parent.

Substantial and significant time includes children spending weekdays, weekends and holidays with each parent and each parent having meaningful involvement with the children’s daily routine. It includes spending time with children at special events such as birthdays and school concerts.

When deciding whether an arrangement is practical, the court will look at:

• how equal or substantial and significant time will affect the children
• how far apart the people involved live
• each parent’s ability to share care and communicate with one another
• any other consideration it thinks is relevant.

What the Court does not take into account

 What each parent wants

1. Who is to blame for the separation
2. What your Family think should happen

If you need assistance with your family law matter, please contact our experienced family lawyers today – Toowong family lawyers (3870 8244) or Albany Creek family lawyers (3264 7692).

To work out what each party is entitled to in a family law property settlement, the Court applies the following four-step process:

This four-step process is set out in the Family Law Act 1975 (Cth).

Step 1

We need to know the value of all the property from your relationship, this includes everything owned in a parties’ sole name, jointly with another person or through an entity or trust.

Property includes your liabilities and superannuation.

Step 2

We then look at each parties’ financial and non-financial contributions prior to and during the relationship and also post separation.  This includes taking into account inheritance, payouts or financial gifts received, windfalls, primary care of children and maintenance of the home.

We then weigh up these contributions and determined whether any percentage adjustment is required in a party’s favour.

Step 3

Next we turn our mind to the future and to the needs of both parties.  We look at the following:

1. The age and health situation of each party and whether any health issues impact the person’s ability to work full time
2. We look at what each party is capability to earn in the future and whether there needs to be an adjustment as a result of this
3. We also look at who has primary care of the child or children and any other relevant factor.

If there needs to be an adjustment made to a party once the above factors are considered, then this is also done as a percentage.

Step 4

Once the Court has turned its mind to the first three steps and determined each party’s entitlement, we then look at how to actually divide the property pool or another words, we look at who gets what.

The property must be divided in a way that is fair and reasonable in all the circumstances.

What the Court does not take into account:

1. Who left the matrimonial home and why;
2. Who is at fault or caused the separation;
3. What the parties believe they should be entitled to.

If you need assistance with your family law matter, please contact our experienced family lawyers today – Toowong family lawyers (3870 8244) or Albany Creek family lawyers (3264 7692).