Mcphee Lawyers


Thorne v Kennedy - is your Financial Agreement vulnerable?

by The recent High Court decision in Thorne v Kennedy [2017] HCA 49 provides practitioners with a summary of the law regarding duress, undue influence and unconscionable conduct in relation to the preparation of financial agreements. Husband and Wife met online in 2006. He was 67 and she was 36. The Wife was living in the Middle East and the Husband
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Congratulations to Myles Walker on achieving specialist accreditation!

by McPhee Lawyers is happy to announce that Myles Walker has successfully completed his specialist accreditation in Family Law this year and is now recognised by the Law Society as an Accredited Specialist in Family Law. The Queensland Law Society Specialist Accreditation Program is offered in 10 areas of speciality, including family law.  Gaining specialist accreditation is a great professional achievement.
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Have you seen our snail ad?

by You may have seen our snail ad around town recently. If you did we hope you had a chuckle. If however, you feel like the snail with no shell why don’t you consider coming in to see one of our family lawyers for advice about your property entitlements? Our initial consultation gives you the time and opportunity to feel comfortable
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Be careful what you say

by   In the case of Jasper & Corrigan (2) [2007] FCCA Judge Altobelli considered whether recordings of discussions made by the Applicant about the nature of her relationship with the Respondent could be admitted into evidence. The Applicant claimed that the recordings were relevant to determine whether the parties were in a de facto relationship.   The Respondent contended that
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Direct cross examination and family violence

by Direct cross‑examination is where a party to proceedings asks questions of another party in the proceedings personally, rather than having questions asked by a legal representative. The Council of Australian Governments (COAG) hosted a National Summit on reducing violence against women and their children in October 2016. Participants agreed that perpetrators of family violence should not be able to directly
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How did the children get their own lawyer?

by   The Court will appoint an Independent Children’s Lawyer (ICL) if the children’s interest require separate representation. This will be appropriate where: The conflict between the parties has the potential to harm the children; The children or the parents have a significant medical, psychological or psychiatric illness; Neither parent is able to provide adequate care for the children; Where there
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Parenting Plans – What are they? Considering entering into one?

by When separated parents agree on the future parenting arrangements for their children they do not need to go to Court for the agreement to be recognised. They have 2 options to reflect their agreement: enter a Parenting Plan; or enter into a Consent Order approved by a Court This blog focuses on Parenting Plans. The nature and requirements of a
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The Decision Is In … And You Don’t Like It:- The Ins and Outs of Filing an Appeal

by Court proceedings in family law matters typically follow the same process:- applications for property or parenting orders are filed, if matters are not resolved by consent (either at mediation or by direct negotiation), the Judge decides the outcome after a hearing/trial. At trial, the Judge will hear the evidence, as well as the legal submissions of (or on behalf of)
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Domestic Violence: A Practical Guide to Protection Orders

by Reports and articles about domestic violence have dominated our newsfeeds of late.  We know that hitting or physically hurting someone is not acceptable. But is domestic violence limited to physical abuse? The answer is no. Domestic violence is defined in section 8 of the Domestic and Family Violence Protection Act 2012 (Qld).  It can take many forms.  It is behavior
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