Mcphee Lawyers

Tag Archives: Practical Tips

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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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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Who Pays The Costs?

by There is no dispute that Court proceedings can be a very expensive exercise.  Not only does it cost you time (there are a usually several preliminary Court dates before your actual hearing), but it can also cost you a lot of money.  So who pays for your legal fees? The general rule under the Family Law Act 1975 is that
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Parenting Arrangements over Christmas

by The closing date for Applications in the Family Court of Australia in relation to parenting matters, to be heard before the Christmas break, has now passed.  Applications may still be brought in the Federal Circuit Court of Australia, but unless there are circumstances of urgency it is unlikely that parenting applications will be listed for hearing until next year. If
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Getting your Application for Divorce Right

by Possibly the simplest application you can file in the Family Law Courts is the Application for Divorce.  The grounds for and requirements of a divorce are fairly straight forward, and the documents you need to file are not overly complex. Given same, the humble Divorce is arguably the easiest Application to get completely wrong.  Either the documents are completed incorrectly,
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Kern & Kern [2014] FCCA 1108 (30 May 2014) – Undervalued gift of real estate? Wife, her Father and his company referred to Office of State Revenue for Investigation

by This case is an example of where the interests of the State Revenue Office can be raised. The parties were married for 9 years and a major issue was whether substantial gifts from the wife’s family were to her alone or to the husband and the wife.  The wife argued that her contributions to the marriage were greater than that
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