Best Wilson Buckley CrossRoads Magazine - Issue 11

crossroads Issue Eleven

2 01 9

Published by Best Wilson Buckley Family Law

T H E CO N T E N T S T H E P OW E R O F T H E N A R R AT I V E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Kara Best, Legal Practice Director & Accredited Family Law Specialist l Best Wilson Buckley Family Law

T H E M O N O P O L Y O F FA M I L Y L AW .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Neal Wood, Senior Associate l Best Wilson Buckley Family Law

O P T I O N S F O R C H I L D S U P P O R T A R R A N G E M E N T S .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amity Anderson, Legal Partner & Accredited Family Law Specialist and Kiara Greenway, Solicitor

W H Y I DO W H AT I DO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Andrew McCormack, Senior Associate & Accredited Family Law Specialist l Best Wilson Buckley Family Law

R AW S A L T E D C A R A M E L S L I C E R E C I P E .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Urth Cafe

N E G OT I AT I N G A R E S O L U T I O N – W H AT , W H E N , W H Y & H O W ?.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Max Sutton, Solicitor l Best Wilson Buckley Family Law

FA M I L Y L AW M E D I AT I O N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 CatholicCare – The Family Relationship Centre

R E V I E W O F T H E FA M I L Y L AW S Y S T E M .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Best Wilson Buckley Family Law

FA S T FAC T S A B O U T … D I V O R C E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Luke Steel, Legal Partner and Kiara Greenway, Solicitor l Best Wilson Buckley Family Law

S A R A H DO N N E L L Y | S O L I C I TO R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 COURTNEY BROWN | PARALEGAL & FINANCE OFFICER.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 N AV I G AT I N G DO M E S T I C V I O L E N C E P R OT E C T I O N – O R D E R S V U N D E R TA K I N G S .. . . . . . . . . . . . . 19 Sarah Donnelly, Solicitor l Best Wilson Buckley Family Law

S E L L I N G YO U R P R O P E R T Y – W H AT ’ S I N V O L V E D F O R E V E R YO N E ? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1 Aimee Morrisby l Colliers International

W H AT DO YO U DO I F C H I L D S A F E T Y B E CO M E S I N V O L V E D W I T H YO U R FA M I L Y ? . . . . . . . . . . . . . 23 Lynn Armstrong, Special Counsel & Accredited Family Law Specialist l Best Wilson Buckley Family Law

CROSSWORD..................................................................................................................................... 25 SECTION 60I CERTIFICATES – WHAT ARE THEY?.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Michael Maguire l Private Mediation

I N T H E I R W O R D S … B E N ’ S S TO R Y .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 ZOE GAULT | PARALEGAL & SETTLEMENTS CLERK.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 9 S A M A N T H A C H A I | PA R A L E G A L . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 P U M P K I N S O U P R E C I P E . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Lynn Armstrong, Special Counsel & Accredited Family Law Specialist l Best Wilson Buckley Family Law

‘ T I L D E AT H DO U S PA R T . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Jo Maloney, Senior Solicitor l Best Wilson Buckley Family Law

MAN DOWN – ARE FATHERS PUSHING IT UPHILL IN THE WORLD OF FAMILY LAW?. . . . . . . . . . . . . . . . 3 5 John Patterson, Senior Solicitor, l Best Wilson Buckley Family Law

OUR YEAR IN REVIEW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Jennifer Ryder, General Manager l Best Wilson Buckley Family Law

(07) 4639 0000 - Toowoomba

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info@bwbfl.com.au bwbfamilylaw.com.au

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T H E P O W E R O F T H E N A R R AT I V E K ara Best , Le gal Pra c tice Direc tor & Accred i ted F a mily Law Spec ialist

Some would suggest that the last person you expect to talk to you about the creative or the narrative is your lawyer.

The law, by its nature, is so black and white, so clothed in accurate definition and rigid interpretation. But the law does not operate within a vacuum; and certainly not in the context of the breakdown of significant relationships. The emotional narrative which you build around your experience of separation, and the negotiation or agreement in relation to parenting and property settlement matters, is often essential to how well you weather what is often the most stressful period of your life, and what you carry into the future by way of emotional baggage.

A narrative is effectively your story. Perhaps your story of why the relationship broke down, the role played by each of you in that regard, your understanding of why your partner may be engaging in a particular way, and the vision or the hope that you have for your wellbeing and that of your children moving forward.

Many of my clients, understandably, consider that a narrative has been thrust upon them, that their partner has made certain decisions which ultimately mean that they have been burdened with a particular, inevitable and true narrative. It is conceded that it is not as simple as drafting a new narrative and simply deciding to accept it either. It is a much more organic process in the sense that a narrative which is not genuinely held is not one which is likely to provide any level of endurance as time goes on.

An example might be this. Laura and Stephen’s relationship has broken down in circumstances of more immediate infidelity by Stephen but what both describe as a difficult couple of years in which communication, intimacy and happiness was low.

Laura potentially might present in a myriad of different ways, but with two potential extremes.

The first will be deeply preoccupied with the rejection and hurt which accompanies the knowledge that her husband has been physical with another woman and at this juncture elected to pursue that relationship over their family life and a relationship with her. The contrasting view would be a narrative whereby Laura acknowledges that ultimately the relationship came to a conclusion because Stephen had moved on but in circumstances where neither of them were happy within the relationship and that that unhappiness was impacting significantly not only upon their own personal wellbeing but also the wellbeing of their children who had been robbed for a prolonged period of the opportunity to see their parents happy and engaging in a way which is consistent with positive role modelling.

The second Laura might describe the opportunity she sees in moving forward, both in the context that she can potentially pursue a lifestyle and/or future relationships which allow her to be happy but also allow her children the freedom to move between two households in which both parents are doing likewise, valuing Stephen’s role as a father and not defining his worth by his ultimate decision to commit an act of infidelity.

The first Laura might well manifest, in many cases, anger towards Stephen of such level that it is difficult, if not impossible, to hide from the children, exposing them to her views with regard to their father’s value or lack thereof, and perhaps creating a narrative in their mind that their father has effectively rejected not only her, but also them, in the context of his act of infidelity and that the appropriate response would be for them to feel likewise towards their father.

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Because in the first instance the hurt and the anger is such a focus, the first Laura is unlikely to be able to focus beyond her feelings toward Stephen to the prospect of a future which is more positive or a potential relationship with someone that is transformative or different to that she experienced with Stephen. The first Laura, by nature of her engagement with the children and her inability to potentially appreciate the impact she is having on the freedom they should have to have an open and loving relationship with their father, is likely to end up in Court proceedings which is likely to exacerbate her feelings towards Stephen, cost her dearly financially and emotionally, and potentially create a level of disharmony which will plague the balance of the children’s infancy and adolescence, and preclude that golden ideal of parents being able to cooperate positively for the sake of their children.

Without doubt, a good lawyer needs to challenge a narrative which is less positive rather than simply accept the instructions and the emotion behind them.

But a lawyer is not a psychologist or therapeutically trained at the end of the day and, ultimately, some people will require the assistance of a therapeutic process to work through the potential detriment of maintaining or clinging to a narrative when there are alternate stories available; ones that will bring with them greater freedom in the future and potential both for growth and happiness.

Logically there is sometimes a need to move through a narrative from a place where initial feelings of anger move to a gentler place of understanding that behaviour rarely takes place out of a context.

Sometimes, the behaviour of a party is such that the only possible coherent narrative is one which is consistent with the other party being at fault. However, in many respects that fault need not be determinative of your capacity to move beyond the hurt inflicted upon you by that behaviour in the past and your desire to seek out something different in the future, or your recognition that while someone might have been a poor spouse they can still be an appropriate parent. There is a presumption in all of this, namely that ultimately there is benefit in a child having an opportunity and space to know a parent in all their glory, or lack thereof, so that as the consistent and available parent you are not faced with a 16 year old who suggests that they have a viable alternative in going to live with the parent they have spent no time with in the preceding decade only to end up being bitterly disappointed by what they discover when the grass is not greener on the other side.

These are all big topics, big issues, big narratives, big stories. But the ideal is that we challenge ourselves to identify the story from which our behaviour or our instructions arise. Are we going to Court because it is genuinely the only alternative in the circumstances and we need to achieve an outcome which advances the wellbeing of our children, or are we going to Court from a place of anger, retaliation, hurt, or need for some level of vindication; and if the latter is the case, will that narrative, and being stuck in behaviour which perpetuates it, ultimately be the reason why our future is less brilliant than it might otherwise be, and our children more damaged than the situation necessitates.

BEST WILSON BUCKLEY

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THE MONOPOLY OF FA M I L Y L AW N eal Wood, Senior Assoc iate

Over the last winter school holidays, I found myself entertaining my young children inside by introducing them to the old-school game of Monopoly.

Now I’m not talking about one of the many modern variants of the game but the classic cardboard, plastic, faded and dog eared paper note, original version which has somehow managed to stay with me from my own childhood, through a couple of uni share houses and even survived the culling of stuff during the move from Brisbane to Toowoomba nearly five years ago.

The youngest, it seemed, was having one of those tougher days with his thimble; the meagre property haul and scattering of houses not really what he had hoped for. As they continued to move around the board, I could see their interest continuing to wane and I could tell they were ready to move on to something else.

Monopoly is one of those classic games that holds quite a lot of sentimental memories, not so much for the game but in the people you play with and how they play. I think almost anyone knows what I’m talking about in terms of the “types” of players. That quiet person that suddenly becomes a blood thirsty capitalist that is so competitive that they will happily bankrupt their own mother if it means getting the property they want. The person who does not seem to be remotely interested but for each roll of the dice seems to find themselves cruising around the board landing on their own streets interspersed with chance and community chest cards which always seem to come up with the “get out of jail free” card or “first prize in the beauty competition”. Then there is the inevitable unhappy player where nothing seems to go their way. From the start of the game when they got stuck with the thimble, things just were not going their way. Try as they might, they always seemed to land on someone else’s string of hotels, supertax and the inevitable “go directly to jail, do not pass go, do not collect $200”.

Almost on cue, the youngest quite astutely worked out for himself how every game of monopoly actually ends - one player decides it’s all too hard, walks away and gives the board a decent knock on the way to disturb the carefully aligned pieces on the board, leaving a decent mess behind. The eldest shortly followed suit with a parting suggestion that dad would need to sort out the mess left behind. I called them back and got them to help me put it away before they moved on to the next thing.

Inevitably, once my boys had learnt the game, there came a rainy afternoon recently when they decided to get it out for themselves. I joined them on the lounge room floor sometime after they had been playing for what must have been the best part of two hours. As I watched them, I could see their own little personalities playing out in the various styles I recalled from many of the player types. The eldest was the clear capitalist with a fist full of cash and lines of hotels on most of the board.

As I found myself on the floor helping to pack away this ragged collection of coloured cardboard and plastic now strewn across a reasonable area of the lounge room with a few random houses and hotels under the couch for good measure, the irony suddenly dawned on me that this exercise had all the hallmarks of many family law property settlements.

The irony was even more apparent when, folding up the eldest’s side of the board, it became clear that there were at least a couple of extra $500 notes which made me suspect that his remarkable success as a capitalist may have had less to do with his extraordinary property development acumen but more out of a desire to take advantage of the trusting nature of his younger brother.

Certainly, when it comes to “extra” cash being splashed around the monopoly board, then looking under the side of the board of the sibling who managed to buy every property he landed on and build a dozen hotels but always seemed to have a fist full of cash, seemed a pretty obvious place to look.

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In the real world of family law, it’s not that easy but it can be done. For me, before advising someone of the need to spend the time and resources in getting a forensic accountant involved, it’s about getting as much financial information and documentation as I can and then looking at what it shows. Do the assets that have been acquired just seem far more than the income or cash at bank could obviously support? When looking at bank and credit card statements, what’s not there?

If the client can tell me that the bills have historically been getting paid or the financial statement of a party shows expenditure on things like home maintenance, alcohol or gambling but there is nothing on the bank statements to show that expenditure, then is it coming from an undisclosed source, such as another bank account or in cash. From there, I can help guide my client on what to do next to verify what really is going on.

In the monopoly world, upon finding that extra cash under the board, it didn’t take too much reassurance to make the younger sibling feel a lot better about himself to know that his brother had helped himself to a few extra dollars from the bank during the game so that he knew what to look out for next time.

In the family law world, sadly, if someone has already helped themselves to the equivalent of a sneaky $500 from the joint bank account during the relationship when nobody was looking and spent it away already, then rarely am I able to assist them to actually get it back when it comes time to sort out a property settlement.

I do, however, have a fairly analytical and useful body of expertise to know when something does not look quite right and can help guide someone on where to look in terms of financial disclosure to find out what has actually gone on and try to follow it through to another bank account or (hopefully) a property or another asset.

When it came to my boys’ game of monopoly, I personally didn’t start the game or have a lot to do with it in the beginning. It was something they started out themselves with seemingly the best of intentions to have a good time together. They had bought and sold properties, paid some tax, and had some good (and not so good) fortune. Somewhere along the way something changed and they started heading in different directions where one or perhaps both of them were over it. By the time I came and sat beside them the game was pretty much already over and, when it was all too hard, turned to me to help pack up the mess.

In no way am I trying to put a childlike gloss on the family law situation or minimise the complex and unique experience of every person that goes through a relationship breakdown or separation. The reality is however, even if I was not involved at the beginning or during the relationship, I will always do the best I can to assist my clients when it has all got too hard.

I can’t change the game or the pieces but I will work exceptionally hard to help find and pack away the pieces of the last game, put them back in the box, and leaving them free to move on and try again whenever they are ready.

That and always remember - if in doubt check under the board first.

BEST WILSON BUCKLEY

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OPTIONS FOR CHILD SUPPORT ARRANGEMENTS A mi t y A nderson , L egal P artner & Acc re dited F a mily Law Spec ial is t an d K i ara Gre enway, Solic itor

Child support is more often than not an issue at the centre of hot debate and media attention and is one of the more controversial areas of family law.

In a recent segment on A Current Affair, they explored and “investigated” people who have accrued significant arrears over time. And when we say “significant”, we mean arrears owing in amounts upwards of $95,000 – staggering, right? Following separation, for many people child support emerges as one of the most important and impactful considerations. It is no secret that raising children is expensive. But there are a number of different aspects to consider in relation to child support and, in this issue of Crossroads, we will look at the different types of child support arrangements that can be devised and implemented.

Child support assessment A child support assessment is conducted and issued by the Department of Human Services, colloquially referred to as the Child Support Agency (“CSA”). The CSA utilises a unique formula to calculate the funds one parent or carer is to receive, and the amount the other parent or carer is required to pay. The assessment considers a child’s essential needs – food, water, clothing and shelter. Additional expenses, such as private school fees, medical expenses or costs relating to extra-curricular activities, are not accounted for in the assessment. Once the assessment is issued, parties can agree for the child support to be paid by way of “private collect”, whereby the parties directly transfer the funds between themselves; or the parties can elect that the CSA collect the funds from the payer and distribute it appropriately to the payee.

Helpfully, the CSA has made available online a child support estimator where anybody can obtain an estimate of the assessment that is likely to issue relevant to them. You can access this tool at https:// processing.csa.gov.au/estimator/About.aspx.

Binding child support agreement An alternative to a child support assessment is a binding child support agreement. This is a legally binding and formally documented agreement between the parties in relation to the financial support of the children. The agreement can cover a range of matters, and provides a level of flexibility with respect to how child support can be paid. For example, the agreement can provide for lump sum or periodic child support (in an amount greater or lesser than the child support assessment) to be paid, it can provide that the parties are “contracting out of” periodic child support and provide for a party to meet expenses outside of the basic necessities (such as medical, dental, private health and/or school fees) and can specify circumstances in which the agreement may be terminated. Once the parties have entered into the agreement, it is registered with the CSA. It is important to note that when entering into a binding child support agreement, both parties are required to have legal representation pursuant to the Child Support (Assessment) Act 1979 in order to ensure they are adequately and appropriately advised in relation to the agreement.

Limited child support agreement Unlike a binding child support agreement, the law also enables parties to enter into a binding agreement regarding the payment of child support without the necessity for legal advice; a limited child support agreement. Like a binding child support agreement, a limited agreement can direct the payment by one party to the other of a cash amount or, alternatively, can address the additional expenses such as school fees and health insurance.

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A limited agreement is, however, only an option if: 1. an assessment has issued from the CSA; 2. the payments in the limited agreement are equal to, or more than, the annual rate in the assessment;

Child support is an important consideration following a separation and a specialist family lawyer can assist you in determining and implementing appropriate arrangements for your family based on your specific circumstances.

3. the recipient must have at least 35% care of the children.

Limited agreements are also easier to terminate than binding child support agreements.

Private agreement Parties may reach an agreement between themselves in relation to the financial support of the children.

There is no requirement that such an agreement needs to be documented, however, in the absence of documentation the agreement would not be binding and enforceable.

In the next issue of Crossroads, we will consider the options available when a party fails to meet child support obligations.

BEST WILSON BUCKLEY

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W H Y I DO W H AT I DO A n d rew M cCo rma c k, Senior Assoc iate & Accredi ted F amily Law Spec ialist

Family law is something that I had been interested in as a result of being exposed to it through my father’s legal practice.

My father is a sole practitioner – generalist and practices in a number of areas. I helped him on a number of family law matters when I was at uni. As a result of this, I found myself in a job that had a high level of family law case work.

Lots of my colleagues ask me why I wanted to do family law and why I have stayed working in the area. The answer is pretty simple. I love a challenge.

Practising in family law means that you need to know more than just family law. On a daily basis I am: »» helping people deal with emotions and their reaction to grief, loss, frustration, and sometimes raw ranger; »» helping people who feel vulnerable and at their wits’ end; »» helping people who never thought that they would find themselves in this type of situation;

So on a daily basis, I try to help people. I don’t always know the answers to their questions and I readily admit that. To help them, I need to work with other professionals who are trained in these areas and can provide answers or solutions. At the end of it, I get a lot of satisfaction knowing that I have tried to help someone as best as I can. Is it always easy? No. Does it take its toll? Sometimes.

Are there days I want to run screaming from the room when other parties are being horrendous? Absolutely!

However, I want to use my skills, my knowledge, my professional network and my colleagues, and my perfectionist personality, to try and get my clients through what can be one of the most challenging times for them in their life.

That’s why I do what I do.

»» helping people work through the complexities of trying to parent children either by remote control or by putting their emotions to one side and looking at what is best for their children; »» helping people finalise their personal relationships with a former partner and create different coparenting relationships that will work for the benefit of their children in the future.

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R AW S A L T E D C A R A M E L S L I C E Urth C a fé www. urthca fe bar.com.a u

This slice is gluten free, dairy free, refined sugar free and vegan friendly.

Ingredients

Cacao Topping

Base

¼ cup coconut oil, melted

½ cup fresh medjool dates, pitted

¼ cup raw cacao powder

1 cup roasted almonds

2 teaspoons pure maple syrup

1½ tablespoons coconut oil, melted

sea salt flakes (as much as desired)

¼ teaspoon sea salt flakes

Date caramel 1 cup fresh medjool dates, pitted ½ cup pure maple syrup

1/3 cup natural peanut butter ¼ cup coconut oil, melted

Method 1. Line a 20cm square pan.

2. Combine dates, almonds, coconut oil and salt in a food processor. Press mixture evenly on to the base of the tray. Refrigerate for 30 minutes or until set.

3. P ro c e s s d a t e s , s y r u p , p e a n u t b u t t e r a n d coconut oil until mixture is smooth. Spread the date caramel evenly over the base. Refrigerate for 30 minutes or until set.

4. Once the coconut oil is melted, add both the maple syrup and cacao powder. Whisk until combined. Pour topping over the date caramel and sprinkle with sea salt flakes. Refrigerate until topping is set.

5. Use a hot sharp knife to cut slice into pieces.

Urth Café Bar is a family run café with a unique and alternate atmosphere, offering a wide variety of healthy and affordable homemade breakfast and lunch options, and exceptional coffee.

BEST WILSON BUCKLEY

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N E G OT I AT I N G A R E S O L U T I O N : W H AT , W H E N , W H Y & H OW ?

M ax Sutton, Solic itor

After separating, you may be unsure as to what happens next, particularly if there are children involved and/or there is property, such as a house, cars, credit cards, and even businesses.

Sometimes, your relationship with your partner has deteriorated to such an extent that you don’t necessarily want to talk to them about what happens next.

If, however, you and your partner do remain on speaking terms, there are some things you can do yourself to navigate your way through the separation, through the sometimes dark and difficult times, to the other side. Over the next few issues of Crossroads, we will explore some of these, share ideas and offer some pointers to help you to help yourself.

In this issue, we are going to look at negotiation.

What is negotiation?

Negotiation simply means talking to one another in a respectful manner, with a shared interest, to reach a resolution that you are both happy with. Ultimately, the idea is to: 1. recognise and acknowledge each other’s situation and any overarching issues; 2. acknowledge each other’s feelings and concerns; 3. identify and acknowledge each other’s goals; 4. identify and discuss each other’s proposed action plans to reach your goals; and 5. identify those elements on which you can agree to make things work.

There is nothing saying you have to reach an agreement immediately. This may work for some, but it may not for others. It’s important to take your time and respect each other’s space.

When is the right time to talk to my partner?

If there is or has been domestic violence, or you are fearful of your safety, then this may not be the right course of action. If you do fear for your safety or have experienced domestic violence, then please contact your local police or a family lawyer.

Of course, it is important to give each other space and respect each other’s wishes. It may not be appropriate to immediately start wanting to talk about how property will be split or what will happen with the children. There inevitably will be a cooling off period and it is important to recognise this.

It is also important to keep in mind that whilst you may be ready and think it is the right time, your partner may not be ready.

The best approach is to simply ask. If the answer is no and you are prepared to wait and give the other person some space, then do so. If not, go and see a lawyer.

How can I start the conversation? Is there somewhere we can go?

To be honest, any such discussion can simply start with: “Hey, I think we need to talk about what happens with the children/the property. Do you think we can have a chat and try and reach an agreement?”.

It may be difficult, but respect is a key factor in such discussions. You should: 1. be respectful when talking to one another – do not go on the attack; 2. respect and acknowledge how you both feel; 3. respect each other’s space and recognise when the other person doesn’t want to talk anymore; 4. respect what you both say – listen and give each other a chance to speak.

Believe it or not, the kitchen table tends to be a common place to start talking. If this doesn’t work out, try a mutual location or even over emails – keeping in mind your emotions and perceptions of each other can be significantly exacerbated if you don’t communicate face-to-face regularly, and you may lose control of the situation.

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What if I can’t do it by myself or it’s not working out?

There are many professionals who can assist you by facilitating discussions or even speaking on your behalf. You can engage marriage and relationship counsellors, psychologists, family dispute resolution practitioners, and lawyers to help where appropriate.

There are also government-funded organisations that can assist you with this process for minimal cost, such as Relationships Australia and CatholicCare.

So, we managed to reach an agreement, but what now?

If you have reached an agreement and you are happy with the outcome, it is recommended you formalise the agreement. You can do this via a binding financial agreement, parenting plan, binding child support agreement, and/or a consent order (depending on what the agreement is about).

In such circumstances, you should see a family lawyer to get some advice on your options and costs to make sure your agreement is formalised and binding.

Importantly, there are some things you should keep in mind, such as: 1. any limitation dates; 2. whether the obligations created by the agreement can actually be fulfilled (eg, refinancing a mortgage); 3. whether the agreement helps or allows you to achieve your goals; and 4. your budget.

Following a relationship breakdown and separation, it is important to ensure there is a plan moving forward about the future parenting arrangements for your children or what happens with the property. Of course, if you are able to negotiate directly with your partner, either to full agreement or at least part of the way, that is ideal. But remember, if this is not possible, an experienced family lawyer can always assist you to negotiate an outcome that is best for you and your situation.

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FA M I L Y L AW M E D I AT I O N Ca t h o l i cCare – Th e Fam ily Re lationship Centre, Toowoomba www.catholicca re.ser vice s

The concept of “family” shifts and changes as society’s expectations evolve.

Not surprisingly, Australia’s family law system has had to undergo significant restructures over the decades to reflect the evolving needs and expectations of the modern family. If you are reading this publication, you are undoubtedly already aware that Australia’s family law system is currently under review again with the recent release of The Australian Law Reform Commission’s report, “Family Law for the Future: An Inquiry into the Family Law System”.

Many have high hopes that the reforms will lead to better outcomes for separated families. Are these hopes realistic? If answered honestly, most front-line family law professionals would agree that limitations will always exist in this area of the law as we are working with people and the inherent complexities of the human experience. Whilst it is certainly possible to improve some of the systemic inefficiencies in the way family law disputes are managed in Australia, the reality is that many of the complex matters that progress to Court will continue be protracted, expensive and still result in outcomes that one or more parties will be unhappy with. What is the answer then?

From a family law mediator’s perspective, the simple answer is this: avoid Court. We know this is not always possible and there will always be cases that necessitate judicial decision-making. However, we see dozens of cases come through our service each year that have either already been to Court or are currently in Court when it is almost certainly unnecessary and counterproductive for them to do so.

Court proceedings typically involve both parties putting forward evidence to support their argument as to why the Court should make the orders they are seeking. This process does not encourage the parties to acknowledge any positive characteristics that the other party may possess.

Instead, it invites the parties to document and publish all the negative things they can recall about the other party that may be considered relevant to the proceedings. Not surprisingly, this process tends to significantly impact any remaining goodwill between the parties. It can make future co-parenting relationships even more challenging and often results in ongoing negative implications for the children of these families whose parents grow to despise each other even more.

We therefore urge any separated parents to exhaust all possibilities of amicable resolution before considering C o u r t p ro c e e d i n g s . M e d i a t i o n a n d t h e r a p e u t i c supports can be a very effective alternative to Court proceedings. The collaborative nature of mediation helps parents to focus on their children and find effective ways of communicating with each other into the future. We must emphasise that mediation is not always a safe and appropriate option for all separated families, however our staff are trained to thoroughly assess appropriateness and identify any supports or other preparation that may enable mediation to appropriately proceed.

Over the coming issues of Crossroads, we will identify a variety of commonly occurring challenges experienced by separated families and explain how our specialised mediation services can support participants to reach resolution without having to go to Court.

A final note. Whilst our government officials earnestly grapple to find elegant legislative solutions for separated families in conflict, the answer for your family is unlikely to be solved by a government or Court. The best decisions will typically be those ones that are made by you and your co-parent because you know your children best - far better than any Court system – and it is your family who must live with the outcome of a decision that is made for you.

CatholicCare provides a range of services to promote individual, family and community wellbeing.

The Toowoomba Family Relationship Centre (FRC) assists separated parents and families to negotiate and agree on workable parenting arrangements outside the Court system, and supports families by connecting them to information and referrals, conflict and communication programs as well as facilitating family dispute resolution (FDR).

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REVIEW OF THE FA M I L Y L AW S Y S T E M Bes t Wi l son B uc kley F a mily Law

On 27 September 2017, the Australian Law Reform Commission (ALRC) received terms of reference from the Attorney-General to undertake an inquiry into the family law system.

On 10 April 2019, following significant consultation with relevant stakeholders, including the family law section, the relevant family law committees of each state, community legal centres and family law practitioners working within the Court framework, including retired judges of the Family Court of Australia, the ALRC report was tabled in parliament.

Set out below are some of the more significant recommendations made by the ALRC; which formulated 60 recommendations in total.

Closing the jurisdictional gap One of the key recommendations of the report is for the Australian Government to consider: a. the establishment of state and territory Family Courts in all states and territories to exercise jurisdiction concurrently under the Family Law Act 1975; If implemented, this would represent a complete overhaul of the current Courts exercising jurisdiction under the Family Law Act, which is typically exercised by two Federal Courts; namely the Federal Circuit Court of Australia and the Family Court of Australia. b. expanding information-sharing platforms with the state and territory governments as part of the national domestic violence order scheme.

It has long been a complaint of those working within the existing family law system that access to records held by state departments relevant to child safety and domestic violence has resulted in poor outcomes for families; and some of the most vulnerable members of society. Improvement upon the means by which information is shared needs urgent redress.

Children’s matters Significant changes are recommended as to the factors Courts exercising jurisdiction under the Family Law Act should consider in determining parenting arrangements for children, including the removal of these factors which the Court usually would be required to take into account: »» the nature of the relationship of the child with each of the child’s parents and other persons; »» the extent to which each of the child’s parents has taken, or failed to take, the opportunity to participate in making decisions about major longterm issues in relation to the child, to spend time with the child, and to communicate with the child; »» the extent to which each of the child’s parents has fulfilled, or failed to fulfil, the parent’s obligations to maintain the child; »» the likely effect of any changes in the child’s circumstances, including the likely effect on the child of any separation from either of his or her parents or any other child or person with whom he or she has been living; »» the practical difficulty and expense of a child spending time with and communicating with a parent and whether that difficulty or expense will substantially affect the child’s right to maintain personal relations and direct contacts with both parents on a regular basis; »» the attitude to the child, and to the responsibilities of parenthood, demonstrated by each of the child’s parents.

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O t h e r e x i s t i n g f a c t o r s r e m a i n f o r t h e C o u r t ’s consideration of parenting arrangements for a child, however have been reworded.

It is further proposed that section 65DAA of the Family Law Act 1975, which requires the Courts to consider, in certain circumstances, the possibility of a child spending equal time, or substantial and significant time, with each parent, should be repealed.

The above two changes, coupled with the balance of the recommendations, represents a simplified approach to the Court’s determination of parenting arrangements; however creates a completely new landscape for all within the family law system, including judicial officers, practitioners (lawyers, barristers and mediators, for example), and families.

Simplified approach to property division The report recommends that the Family Law Act be amended to specify the steps that a Court will take when considering whether to make an order to alter the interests of the parties to the relationship in any property; and simplify the list of matters that a Court may take into account when considering whether to make an order to alter the interests of the parties to the relationship in any property.

Other significant departures from the existing framework for the determination of property settlement orders include recommendations that: a. t h e r e b e a p r e s u m p t i o n t h a t t h e v a l u e o f superannuation assets accumulated during a relationship are to be split evenly between the parties; b. there be a presumption of equality of contributions during the relationship; c. a statutory tort of family violence should be included in the Family Law Act which would provide remedies consistent with existing common law remedies.

Further, it is recommended that the relevant date to ascertain the value of the parties’ rights, interests and liabilities in any property is the date of separation, unless the interests of justice require otherwise.

Existing case law provides for the Courts to consider the value of the parties’ rights, interests and liabilities in any property as at the date of settlement.

Recommendations also extend to the amendment of other legislation, including the Privacy Act and National Consumer Credit Protection Act, such that where a Court has ordered a party to be responsible for a joint debt and indemnify the other, credit providers are prohibited from making an adverse credit report against that other party as a consequence of the subsequent actions of the party who is held responsible for such joint debt.

The totality of these recommendations is a significant shift in the manner in which property settlement entitlements are determined.

Encouraging amicable resolution The current legislation provides for parties to have attended family dispute resolution before making an application in respect of parenting orders. The report recommends that a similar prerequisite of attempts to resolve property and financial matters also be included into the Family Law Act prior to filing an application for Court orders. This is called a “genuine steps statement”.

Further, the report recommends that the Family Law Act should be amended to clearly set out disclosure obligations of the parties, and the consequences for breaching those obligations.

These recommendations are clearly intended to ensure parties are both able to, and are required to, enter negotiations with each other to resolve financial disputes as a priority.

Case management: efficiency and accountability The report proposes that the Family Law Act be amended such that there is a statutory duty on parties, their lawyers, and third parties to cooperate amongst themselves and with the Courts, to assist in achieving the overarching purpose. The report recommends that the so-called overarching purpose is “family law practice and procedure to facilitate the just resolution of disputes according to law, as quickly, inexpensively and efficiently as possible, and with the least acrimony so as to minimise harm to children and their families”.

Breach of the duty will have costs consequences for the person who fails to act in accordance with the overarching purpose.

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Further, the report recommends that section 117 of the Family Law Act be amended to remove the general rule that each party to proceedings under the Act bears his or her own costs, and articulates the scope of the Court’s power to award costs.

There have been frequent media accounts, and occasional judicial comment, about the adversarial and litigious manner in which family law cases are run, resulting in high levels of acrimony and legal fees. It is therefore unsurprising that the report makes recommendations designed to hold parties financially responsible for running cases in that manner; with the intent being to eliminate such practices.

Compliance with children’s orders Recommendations in the report are significantly geared towards ensuring parties have a better understanding of final parenting orders and, to that end, recommends that: a. the Family Law Act be amended to require parties to meet with a family consultant to assist their understanding of the final parenting orders made by a Court following a contested hearing; and

As family lawyers, we deal with frequent complaints about a party’s failure to comply with orders, and the central issue often is an asserted lack of understanding of the orders and/or attitudinal problems. Extending the operation of the family law system beyond the making of a final decision is hoped to minimise families re-entering the system in years to come.

Summary The report includes 60 recommendations in respect of the family law system, encompassing legislation, process support services and other means by which families are assisted in navigating through a simplified and cohesive family law system throughout Australia. Whilst change is desperately required to ensure that Australian families are not experiencing poor outcomes, the proposals will require significant funding and ongoing investment to work. The country awaits the government’s decision to act upon the report commissioned by the Attorney-General.

b. the Courts must consider whether to make an order requiring parties to see a family consultant for the purposes of receiving post-order case management.

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FAST FACTS ABOUT… DIVORCE L uke Ste el, Le gal Partner an d K i ara Gre enway, Solic itor

“Just a divorce” – it’s a statement we regularly hear from people when they contact our office seeking family law advice.

When filing a sole application, it will be necessary to personally serve your former partner with your application. You cannot serve your former partner – an independent person, over the age of 18, must attend to this. It is common practice to engage a process server to effect service. Once service has been effected, you will be required to provide to the Court an acknowledgement of service, together with an affidavit of service from the individual who effected service, in order to demonstrate to the Court that service has successfully occurred.

However, more often than not, what people really want is advice and assistance with regard to putting in place arrangements for the care of their children or the division of their assets and liabilities. These issues are very different and somewhat distinct from the act of legally ending your marriage by way of a divorce.

In terms of obtaining a divorce, there is a separate process that parties are required to go through to legally formalise the end of a marriage. Here, we take a look at some of the questions you may have regarding the formal process of applying for divorce.

How long must I be separated from my partner for before I can apply for a divorce? »» You must be separated for at least one year before you can apply for a divorce.

»» If you are filing a joint application you will need to file the following documents in support of your application: -- affidavit of e-filing; -- copy of marriage certificate.

Do we need to agree to apply for a divorce? »» No, you can file an application for divorce completely independently from your partner – this is referred to as a “sole” application. If you and your partner do agree to apply for divorce, this enables you to file a “joint” application.

»» Additionally, for both a sole and joint application:

Do any documents need to accompany the application for divorce? »» If you are filing a sole application you will need to file the following documents in support of your application: -----

acknowledgement of service; affidavit of service; affidavit of e-filing; copy of marriage certificate.

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-- in the event you (or your partner in the event of a joint application) are an Australian citizen by way of a grant of citizenship, you will need to file a copy of your Australian citizenship certificate; -- if your marriage was less than two years at the time of filing the application, you will be required to provide a copy of a counselling certificate – you and your partner will need to attend counselling in order to obtain this certificate.

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Is there anything I need to “prove” to the Court? »» The Court will need to be satisfied that: -- it has jurisdiction; -- the application has been served on your former partner; -- there is a legal marriage; -- you and your partner have been separated for at least 12 months; -- the marriage has broken down irretrievably; -- where there are children of the marriage who are under the age of 18 years, the current arrangements for their care, welfare and development are acceptable. »» In Australia, it is a “no fault” divorce system and, provided the above factors are satisfied, you will not need to provide evidence of the circumstances or reasons for the separation.

Can an application for divorce be filed online? »» Yes, it can be filed through the Commonwealth Law Court’s portal known as “CommCourts”.

How much does it cost to apply for a divorce? »» The applicant(s) must pay a filing fee to the Court, which is currently the amount of $910. In the event of a joint application, the parties may choose to share this fee between them. In some instances, where certain criteria are satisfied (such as a party holding a current health care card or concession card), you may be entitled to a reduced filing fee of $300. If you are filing a joint application, both parties must satisfy the criteria in order to qualify for the reduced fee.

Do I need to attend the Court hearing? »» If it is a joint application, you do not need to attend the hearing. »» If it is a sole application, the applicant will need to attend the hearing if there are children under 18 years of age, or the application is being contested or opposed by your former partner.

When will my divorce be final? »» The divorce does not become final until one month and one day after the application is heard by the Court, and you will be provided with the divorce order issued by the Court.

»» If you choose to engage a lawyer to assist you with your application for divorce, there will also be applicable professional fees payable to your lawyer, which may be offered as a fixed fee divorce package encompassing the preparation of your application, arranging service, and attending the divorce hearing.

How long does it take before my divorce application is considered by the Court? »» If your application for divorce is filed in the Brisbane registry, it will be heard by the Court about three months after the time it is filed.

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S A R A H DO N N E L L Y S o li c i to r Toowoomba

Q. Why family law?

Q. Who would be your ultimate five dinner guests?

A. Every case is unique in family law. I enjoy the problemsolving challenge that each case presents and assisting people to find solutions to sometimes complex issues.

A. Probably five friends that I haven’t seen in years for a great catch up rather than celebrities.

Q. What do you most look forward to in winter?

A. Morning sleep ins on a weekend with a heavy doona.

Q. Number one on your bucket list?

A. I would love to travel to the Nordic countries and see the Northern Lights one day.

Q. Best event you have been to?

A. Sydney 2000 Olympic Games – I saw Cathy Freeman’s gold medal run from the very front which was amazing.

Q. Favourite place to eat in Toowoomba?

A. I can’t go past The Chocolate Cottage & Cafe at Highfields for breakfast.

Q. Favourite holiday destination?

A. I loved when I went to Las Vegas for the shopping and the sights, as well as Vancouver, Canada in summer, which was beautiful and very scenic.

Q. Who was your childhood hero growing up?

A. Bruce Wayne (Batman) because he faced such adversity by losing his parents as a child yet always managed to battle on for the good of others.

Q. How do you unwind? What do you do in your spare time?

A. In my spare time, I like to shop at places like a giant Westfield or catch up with friends for lunch and dinner, trying new venues and simply relaxing.

Q. What did you think you were going to be when you grew up?

A. I always thought I would work in a big office building, however not sure what doing.

Q. What did you have for Sunday dinner growing up?

A. Sunday was always a family meal, usually a BBQ in summer or a roast meal in winter.

Q. What book is on the bedside table right now?

A. None at the moment, but the last one was Harlen Coben’s Fool Me Once crime thriller.

Q. What song always makes you happy when you hear it?

A. Love is a Battlefield by Pat Benatar, as it’s always a good sing along.

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Q. Why family law?

Q. Who would be your ultimate five dinner guests?

A. If I’m completely honest with you, I fought going into family law for the longest time. I thought it was a bit of a cliché for females in the legal profession so I always saw myself going into the commercial space.

However, I eventually did some subjects on family law at uni, loved it straight away, and really grew to like that it was an area of law you could really sink your teeth into and become quite specialised in. I also love that it’s never boring and can involve helping your client through a particularly complex property settlement or partnering with them through a very trying and emotional relationship breakdown.

A. This is beyond tough to narrow down but C.S. Lewis, Ronald Reagan and Ben Shapiro would likely be in the mix.

Q. What do you most look forward to in winter?

A. I was one of those weird kids who, from about the age of five, thought they knew what they were going to be. I distinctly remember practising how to say “tax law barrister” before a year three presentation about what we wanted to be when we grew up. Some things have changed and although I probably still tap into my bossy five year old self sometimes, I have finally realised that I don’t know everything, including where I might one day end up, and that’s ok!

A. I love the cosiness of winter. The rain and the cold is just so beautiful and comforting. It is by far my favourite season – the food, the fashion…what’s not to love?

Q. Number one on your bucket list?

A. I have always wanted to do a road trip around the US in a decked out camper van. My dream is to drive through every single state over a period of about three or so months.

Q. Favourite place to eat in Toowoomba?

A. There are so many little hidden gems in terms of great places to eat in Toowoomba. A few of my faves are Chong & Co, Sweet Talk and Junk.

Q. Favourite holiday destination?

A. I can’t really say that I have one. I love going to different places, whether it be snowy mountains or a beautifully sunny beach. For me, the thing that matters most is who I’m going with and what we make out of the holiday.

Q. How do you unwind? What do you do in your spare time?

A. When I’m not at work or studying I love to go to the beach, read, listen to music and go to church. For me, free time is about either spending time with the people you care about or learning something new.

Q. What did you think you were going to be when you grew up?

Q. What book is on the bedside table right now?

A. I have a bit of a not so secret fascination with American politics and theology so the books on my beside usually relate in some way to either of those genres. Therefore, it shouldn’t come as a surprise that the particular book I’m currently re-reading is 1984 by George Orwell.

Q. What song always makes you happy when you hear it?

A. I am an absolute sucker for some old school pop/ jazz so anything by Nora Jones, Etta James, Nat King Cole, Tom Jones, Sinatra etc makes my heart sing.

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N AV I G AT I N G DO M E S T I C V I O L E N C E P R OT E C T I O N – O R D E R S V U N D E R TA K I N G S Sarah Donne lly, Solic itor

When faced with domestic violence, many people find the process of navigating the pathways for protection incredibly daunting, as well as scary.

There are two ways a person can seek protection from domestic violence in Queensland: 1. protection order; 2. undertaking.

Protection order The police can make an application to the Queensland Magistrates Court on a person’s behalf for a protection order or, alternatively, the person experiencing the domestic violence, known as the “aggrieved”, can make an application themselves. By filing their own application, the aggrieved person will need to prosecute their own case for protection as against another person, known as the “respondent”, and set out the domestic violence they have suffered and why they need protection.

While simply trying to seek protection for their own personal safety by filing a Court application, many domestic violence sufferers are then faced with the challenge of navigating the Court process. Many find the prospect of having to attend Court and prosecute their application to prove the domestic violence extremely daunting, particularly if they are self-acting and when they have to face their abuser in person in the Court. To make matters worse, the abuser may simply deny the allegations and put the aggrieved person to the challenge of “proving” it in Court.

In our democratic society, if the respondent denies the domestic violence, the magistrate may have no choice but to set the matter down for a trial. Both parties will then need to file an affidavit and any other documents in support of their case so that, at trial, the magistrate can “test” the evidence of the application and make a decision about whether domestic violence has been committed and whether to make an order to prevent it happening again.

A protection order is an order of the Court and is made when the Court finds that domestic violence has been committed. An order provides the aggrieved with formal legal protection from the respondent for a set period of time, up to a maximum period of five years.

Orders can include conditions to be of good behaviour and not commit domestic violence, but can also include conditions of no contact whatsoever, as well as not to approach or attempt to locate the aggrieved.

Orders will be made after consideration of all the circumstances of the case including the kind and extent of the domestic violence and the protection requirements of the victim.

Undertaking In order to avoid the expense and aggravation of a trial, there are options for parties to settle the matter.

One such option is for the aggrieved person to accept an “undertaking” by the respondent in lieu of the Court making a formal order.

A n u n d e r t a k i n g i s e s s e n t i a l l y a p ro m i s e b y t h e respondent to the aggrieved to be of good behaviour and not to commit domestic violence. The undertaking will need to be signed by the respondent and can contain other promises including not to approach the aggrieved, not to contact the aggrieved or not to go near him or her, depending on the circumstances.

If the aggrieved chooses to accept an undertaking, the magistrate will place the undertaking on the Court file, the private application will be dismissed and the matter will come to an end. The Court will make no finding about whether or not domestic violence was actually committed by the respondent, no formal order will be made and there will no trial.

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What is the difference?

An undertaking does not provide a victim with the same legal protection as a formal Court order, which is a substantial difference that needs to be considered before accepting one. If a person accepts an undertaking and the respondent breaches it and commits domestic violence again, the aggrieved person must start the prosecution of the respondent again themselves through the Magistrates Court.

If the respondent breaches a condition of a protection order or commits domestic violence again, the aggrieved person can contact the police. The police can then charge the respondent with a breach of an order, which is a criminal charge. If a respondent breaches an order multiple times, the penalty usually increases with each charge and the penalties can be severe.

The benefit of accepting an undertaking is the aggrieved person does not need to continue to prosecute their application and risk an order not being made after a trial, however, an undertaking does not give the same legal protection as an order.

If safety from actual physical or threatened violence is a genuine concern held by the aggrieved person, then an undertaking may not provide suitable protection and it may be best for the aggrieved person to continue to prosecute their application so that an order is made.  

Anyone who is seeking protection from domestic violence is urged to contact an experienced family lawyer to discuss their options and the best path forward to obtain that protection.

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S E L L I N G YO U R P R O P E R T Y - W H AT ’ S I N V O L V E D F O R E V E R YO N E ?

A i m ee M orri sby, Colliers Inte rna tional www.toowoomba .collie rs.com.au

Selling a property is a big decision to make and, most of the time, life changing for the people involved.

As a real estate agent, I am fortunate to meet many different people going through different events in their lives. And, while each situation is unique, my ultimate focus is to get the property sold as quickly as possible and for the highest price.

Another key focus of mine is to maintain trust, especially when the client is going through a difficult time in their life. For example, perhaps a death has occurred, the sale is forced, or a divorce is underway. In this latter situation, I must be conscious of the emotions involved and make sure that I am giving myself 100% to all involved. I will never leave the impression that I am only working for one side of a couple going through a separation. I will always be sure that I am on the same path as all involved, be professional throughout the campaign and definitely treat everyone with respect along the way. Of course, I am human - I have a big heart and make that known.

This process is huge for those involved and often one of the first steps to be undertaken when a marriage breaks down. A family has usually been raised in that home, so a lot of emotions will be involved, and I need to hold myself together and do my job.

Prior to launching a campaign When an initial call is made to me by a person wishing to sell a property, my first job is to obtain as much information about that property as I can, for example, how many bedrooms there are and if any improvements have been made to the home over the years. While the homeowner will sometimes clarify these things in that first phone call, I do prefer, if possible, to ask the personal questions in person, at our first meeting. Those questions may include why you are selling, what are you hoping to achieve price wise and how quickly are you needing to move forward.

Using the programs available in real estate, I will take the time to research the property’s history and what the market around it has been doing in terms of sale prices and days on market. I will always include a variety of documents, starting from information about myself and my background, market statistics, and a strategic plan of action for this particular campaign. Because not all properties are marketed and advertised the same, I make sure each property has a customised schedule that is suitable for the individual property.

What’s expected throughout Once things are in full swing and all documents are in place, I will book several appointments, for example, photography, internet ads, a sign board and paper advertising. I generally notify the neighbours that they may notice more traffic and cars parked in their street on a weekend as their neighbour has decided to sell.

This is one less thing for the vendor to worry about and, of course, to bypass any confronting questions. Open homes and private inspections are conducted and I will always deliver feedback and keep everyone up to date with progress. Once an offer is placed and negotiations are underway, both the buyer’s and vendor’s solicitors will begin interaction once the final offer is accepted until the agreed settlement date. My job is then done, however the relationship that has developed throughout the campaign continues; sometimes the vendors become great lifelong friends and that is the best part of my job!

For me, real estate isn’t just about opening beautiful properties to the market – it’s building the relationship which naturally is followed by trust. Your home is your biggest asset. It is where many laughs and tears have been had, memories have been made and it’s an honour to represent all those aspects about a home.

Aimee Morrisby is part of the Residential Sales team at Colliers International Toowoomba, providing exceptional service and achieving outstanding results for her clients. Aimee’s goal is to go above and beyond for her clients, ensuring each and every property and vendor receive the highest level of care.

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W H AT DO YO U DO I F C H I L D S A F E T Y B E CO M E S I N V O L V E D W I T H YO U R FA M I L Y ?

L y n n A rm s t r ong, Spe c ial Counse l & Accred i ted F a mily Law Spec ialist

It is a situation that arises quite often, usually starting by someone being concerned about something that they have heard, or seen, or been told about, and a notification is made to the Department of Child Safety, Youth & Women (CSYW). Often the person making the notification is a mandatory reporter, such as a teacher, doctor, psychologist or child care provider, who is required to communicate if they have any reason to suspect the child is at risk. Sometimes parents in an acrimonious family law matter make allegations (sometimes even false allegations) and this can involve the CSYW becoming involved. On other occasions, such notification is made by someone that has misunderstood the situation, or has been provided with inaccurate information, or only part of the information but, despite this, the CSYW may become involved.

When the CSYW contacts a parent, the initial reaction may be to not assist them with their assessment or investigation. While there can be concern, and often the assessment of the CSYW may not be the same as the parent’s assessment, it is important that information is sought. You need to know what the allegations are. How are they being looked at? Are the children going to be spoken to separately? Does the CSYW have a plan in place? What is the next step?

There are many options available to the CSYW, and if you are in this situation it is very important that you get specific advice in respect of your matter at the earliest possible opportunity and during each step.

Some of the options that may be available are: 1. Safety plan. This is a document usually occurring after discussion with the CSYW and sets out both a clear position (from the CSYW) about the identified risks and the steps that can be taken to minimise risk. If the plan is appropriate and able to be complied with, the CSYW may either try and put in place a longer term plan, or they may determine the unacceptable risk is no longer unacceptable and cease involvement with your family. These can go on for different periods of time, and do require a parent or caregiver to agree to the plan.

2. Intervention with parental agreement. This is very similar to a safety plan in that it requires the parents to agree, states the “worries” of the CSYW and the things that need to be done by the family to protect the child. An intervention with parental agreement can go for up to 12 months, and is usually prepared with involvement of the parents.

3. Child protection application made to the Children’s Court. There are many different applications that can be sought by the CSYW. The CSYW can only make an application if there is an unacceptable risk to a child, and the plans or agreements above have not minimised the risks enough. The applications can be made very urgently and, if one is likely to be made, it is suggested that you seek urgent advice as to how best to manage the situation.

4. Long term guardianship order. If one or more short term (two years or less) orders are made, the CSYW can then determine that they need to seek a long term guardianship order. This will continue until the child is 18 years of age, unless it is revoked earlier.

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With matters which involve the CSYW it is very important to have early advice. If you get the advice at the first step, you will be made aware of the steps the CSYW will be likely to take. They have to tick certain boxes to be able to move up the steps. If, for example, the safety plan is signed by all parties, every party is compliant with the terms of the plan, and there are no other issues of risk which are identified, the CSYW would find it difficult to start, say, Court proceedings without new allegations being made.

This is always a very difficult time for families. No parents want a third party (who they don’t know) telling them how to raise or care for their children.

In saying that, it is very important that you discuss matters appropriately with the CSYW and that you understand all of the risks to your family.

While family law certainly includes child protection law, it is its own specialised area. Many family lawyers do not work in this area, and we recommend you always seek information and advice from a lawyer who is appropriately trained and experienced in this very different area of law.

Child protection orders also have an impact on family law orders whether they were made in the Family Court or the Federal Circuit Court. This is important to seek advice about as well, again at the earliest possible occasion.

Hopefully this is something that your family will never have to be concerned with but, if you do, there are steps that can be taken to rectify the situation.  

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CROSSWORD

ACROSS

DOWN

5. Prods sharply

2. Skilful

7. Exaggeratedly masculine

3. Piece of glowing coal

8. Defined region

4. Frozen water spikes

9. Seepage

5. Merrier

10. Shine

6. Sportsmen’s jackets

11. Bee’s liquid harvest

12. Ventilate

13. Single object

15. Flatter to excess

14. Carnivores, meat ...

16.Precisely

18. Most painful

17. Graze

21. Cougar

19. Primary number

22. Stood on hind legs

20. News

24. Terminate

22. Splits apart

25. Days of yore, the ...

23. Supermarket lane

1. Detect

1. Throat capsule

26. Graceful bird 27. Clear 28. Refuse to admit 29. Wool clippers Issue Eleven

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CROSSWORD SOLUTIONS ACROSS 1. Locate

DOWN 1. Lozenge

6. Blazers

10. Excel

5. Jollier

9. Leak

4. Icicles

8. Zone

3. Ember

7. Macho

2. Adept

5. Jabs

23. Aisle

25. Past

22. Rends

24. Cease

20. Tidings

22. Reared

19. One

21. Puma

17. Scratch

18. Sorest

16. Exactly

14. Eaters

15. Adulate

13. Item

12. Air

11. Nectar

26. Swan 27. Lucid 28. Deny 29. Shears

Elizabeth Elliot “Sometimes fear does not subside and one must choose to do it afraid.”

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S E C T I O N 60 I C E R T I F I C AT E S – W H AT A R E T H E Y ?

M i ch ael M aguire, Priva te Media tion www. pri vate media tion.com.a u

You have recently separated from your partner. Not only are you having to deal with the effects of separation yourself, you also have children who you have to guide through this process.

Unfortunately, when separation occurs, parents sometimes let the whirlwind of emotions they are experiencing take over and forget about the most important factor, their children’s emotional wellbeing.

Although you and your partner are no longer together, your parenting obligations still remain, and you will be required to continue co-parenting.

Pursuant to the Family Law Act, a mediator may issue a section 60I certificate to a party to the proceedings in the following circumstances:

Co-parenting involves both parents being able to communicate effectively and, if you are unable to do this from the outset of separation, you may find that it will not only have a detrimental effect on your children, it could also cost you a lot of money in legal fees. Having an “I’m taking you to Court” attitude serves neither party any benefit, least of all your children.

2. In relation to the issue or issues that the order would deal with, the mediator considers, having regard to the matters prescribed by the regulations, that it would not be appropriate to conduct the proposed family dispute resolution;

If you find yourself in a similar situation, you may have already been advised by your legal representative that in order to make an application to the Court for parenting orders, you do need a section 60I certificate to accompany your application. This means that you would need to make a genuine effort to resolve any dispute about parenting arrangements through family dispute resolution before an application is made to the Court.

How can I obtain a section 60I certificate?

You can obtain a section 60I certificate by inviting the other parent to attend mediation with you. This can be done through your lawyers or privately by contacting a mediator to assist you.

1. When a party fails to attend mediation but the person’s failure to do so was due to the refusal, or the failure, of the other party to the proceedings to attend;

3. When a person attended family dispute resolution with the mediator and the other party and all attendees made a genuine effort to resolve the issues in dispute; 4. When a person attended family dispute resolution with the mediator and other party but that the person, the other party or another of the parties did not make a genuine effort to resolve the issues in dispute; or 5. When a person is attending family dispute resolution with the mediator and other party but that the mediator considers, having regard to the matters prescribed by the regulations, that it would not be appropriate to continue the family dispute resolution.

In our experience, family dispute resolution proves very successful when parents attend ready to resolve their differences and make choices that are in their children’s best interests.

Michael Maguire has more than 30 years’ experience in family law and is an accredited family dispute resolution practitioner. He is passionate about guiding separated couples to find their own resolution in a timely and cost-effective way, avoiding expensive and lengthy legal proceedings.

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IN THEIR WORDS… B E N ’ S S TO R Y It’s no secret that going through a separation can be an extremely difficult process.

It often sees people turn to their family, friends, and in our case, their family lawyers, for the support and guidance they require during this time. We recently spoke to a former client, Ben, who provided some insight into his family law journey and how our team helped him resolve his matter efficiently and effectively.

This is Ben’s story…

I was divorced, but hadn’t done a property settlement.

It had been a long road and, to be honest, it had been pretty ugly, and I wasn’t able to get a result with my previous solicitor. I had got to the point where I had spent $80,000 and I still had no result. I was seriously upset about how the whole family law system worked.

It felt like no matter what I tried to do, we just couldn’t reach an agreement. I was recommended to Best Wilson Buckley by a friend of mine who gave me the name of one of the legal partners, Amity Anderson.

It’s a big step once you start with one law firm and then jump to another law firm. You’ve poured your heart out to one law firm or solicitor, and then it feels like you need to go and do it all again. But … the minute I made that phone call, I booked in for an initial appointment. I remember walking out of my first appointment with Amity and calling my best mate and saying to him, “I’ve found the place I should have been all along”.

The big thing about a family law firm is that you don’t want to feel like you are just another number. I genuinely felt like whenever I would call or come in, everybody knew who I was. And not just on a surface level. Everybody got to know me and my situation.

There was a genuine care about the result being right and fair. It was a bit like a family. As a practice, they cared about their client. It wasn’t just a case of “we’re going to bill heavy, but we’ll get the result”. It was cost-effective, the advice was really smart and it was in the best interests for me. Everybody was working for the client, but I felt like more than just another client.

My matter ended up going to a mediation. It was one of the greatest days of my life. I mean, the morning of the mediation, I was physically sick. Everybody told me beforehand, “don’t worry, it’s going to be okay”, but you never really know. Amity and Kiara were there with me and the support they gave was next level. It’s a hard day. Your whole life is played out in the course of 12 hours’ negotiating and I was absolutely shattered by the end of it. But I was so happy. When I got home, I cracked my 10-year-old bottle of rum because it was all over. The mediation was nowhere near as painful as I thought it was going to be and I think that’s because I had the support of my legal team. The whole time, they were focused, but they also had that personal touch. I felt like I could be honest and they made it a safe space. The advice was always really sound and thorough legal advice, which I could easily understand and adopt.

I do not give recommendations out – it’s just not something I do. But, I have recommended Best Wilson Buckley to literally anybody I know going through a separation, and I will continue to do so. Generally, you can find something to knock, no matter how good it is ... I just don’t. I do not have one issue. The only thing I’m annoyed about is that I didn’t come to Best Wilson Buckley in the first place. If I had, my matter would have been done and dusted 12 months earlier. It’s been outstanding. It’s been painless.

And when you’ve been with another law firm, and then you come here…

BWB is running in Group One, and the other is running in the local comp on a Tuesday.

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Z O E G AU L T P a ra le g a l & Set t l em en t s Cl er k Ipswich

Q. Why family law?

Q. Who was your childhood hero growing up?

A. After a career in property and finance, I made the move to Best Wilson Buckley to be closer to home and help all of our clients with finalising their family law matter by completing their property settlements and estate planning. This position is extremely rewarding as I get to help finalise and bring closure to the client’s separation. With my background knowledge and approachable personality it was the perfect move for my career and benefits my family life too.

A. David Attenborough – his love of animals and the environment inspires me still.

Q. What do you most look forward to in winter?

A. Enjoy music, reading and a rainforest or beach walk.

A. Enjoying a fire and hot chocolate with Baileys.

Q. Best event you have been to?

A. All six times I’ve seen Something for Kate and The Lion King at the Princess Theatre in Melbourne.

Q. Favourite place to eat in Ipswich?

A. Rhino Café. I get my coffee there every morning and they have great light lunches available too, along with amazing service.

Q. Favourite holiday destination?

A. Northern Ireland to see family and friends. I would like to see more of Europe.

Q. Who would be your ultimate five dinner guests?

A. Paul Dempsey (favourite singer), David Attenborough, Chris Guest (artist), Indy Jamma Jones (rollerskater) and Mosh (burlesque performer & model).

Q. How do you unwind? What do you do in your spare time?

Q. What did you think you were going to be when you grew up?

A. A vet. I loved the idea of having lots of animals to look after and take care of. Now with one dog, two cats and countless fish I have plenty to look after.

Q. What did you have for Sunday dinner growing up?

A. Roast meat, potatoes and veggies.

Q. What book is on the bedside table right now?

A. I have two I’m reading at the moment – Barefoot Investor and Beginner’s Guide to Hinduism.

Q. What song always makes you happy when you hear it?

A. Gooey by Glass Animals.

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SAMANTHA CHAI P a ra le g a l North Lakes

Q. Why family law?

Q. Who would be your ultimate five dinner guests?

A. I find family law to be an extremely rewarding and fulfilling area of the law. I enjoy connecting with clients and providing support whilst they face the most difficult time in their lives.

A. C.S. Lewis, Amal Clooney, Timothy Keller, Meghan Markle and Hugh Jackman – just think of the depth of conversation around that table.

Q. Number one on your bucket list?

Q. How do you unwind? What do you do in your spare time?

A. A road trip around America with friends.

A. Netflix, drinks with friends or a pilates class.

Q. Best event you have been to?

Q. What did you think you were going to be when you grew up?

A. Coldplay’s “A Sky Full of Stars” concert followed closely by seeing John Mayer live.

Q. Favourite place to eat in Brisbane?

A. Julius Pizzeria on Fish Lane in Brisbane. I always order the same thing ... the tartufo pizza; it never disappoints.

Q. Favourite holiday destination?

A. Iceland, the most naturally stunning place in the world. Seeing the Northern Lights in real life was magical. I also really loved the Greek Islands, especially Santorini, it was unlike anything I’ve ever seen and better than the pictures made it out to be.

A. A fashion designer (I think every girl secretly thought that too).

Q. What book is on the bedside table right now?

A. 1984 by George Orwell.

Q. What song always makes you happy when you hear it?

A. Dancing in the Moonlight by Toploader, followed by a close second of Kids by MGMT.

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PUMPKIN SOUP L y n n A rm s trong, Spec ial Counse l & Accred i ted F a mily Law Spec ialist

This pumpkin soup was a great hit when Lynn made it for a staff dinner recently!

Ingredients

3 cloves of garlic

1 kg of pumpkin

2 teaspoons of green curry paste (but really to taste - depends on how hot the paste is)

1 sweet potato 3 onions

2 tablespoons of fish sauce (or to taste)

2 carrots

3 tins of coconut cream

½ bunch of celery

Salt and pepper to taste

Tablespoon of basil (or to taste) 3 cubes of chicken stock powder or three cups of stock

Method 1. Add all vegetables (diced), stock, garlic, curry paste and herbs into a slow cooker (about 4 hours), pressure cooker (10 minutes) or pot (for a few hours).

2. When really soft, blend.

3. Add a bit more basil (gives a fresher taste if put in later).

4. Add coconut cream and fish sauce right at the end.

5. Add salt to taste if required (don’t salt early as the fish sauce is salty).

6. Enjoy.

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‘ T I L D E AT H DO U S PA R T Jo M al oney, Senior Solic itor

The process of legally separating from a spouse can be extremely emotional and draining.

Navigating property matters and parenting arrangements within the family law context can involve a very steep, and sometimes winding, learning curve, and create a lengthy “to do” list for the people involved.

An important step that can sometimes be overlooked or “put off for later” in the initial stages of separation is a review and update of your estate planning. Who wants to add death into the thought matrix at such a time as this, right?

Failure to tick this job off the list early on, however, can lead to unexpected and often undesirable consequences in the event of the unexpected death of a separated spouse.

What is estate planning?

Planning an estate is the process of putting all necessary measures in place to ensure that when you die your assets are administered and distributed in a way that best reflects your wishes and personal circumstances.

This includes appointing an appropriate person to do the work of calling in your assets and ultimately distributing them (your executor), appointing a testamentary guardian for minor children, and clearly setting out to whom and in what proportions your assets should be distributed (your beneficiaries).

It also includes a thorough assessment of your assets to see which of them are personally owned and will, in fact, be transferred to beneficiaries under the terms of your will, and which are not personally owned and, accordingly, not governed by your will. For the latter, alternative steps may be required, which will be discussed below.

Separation and estate planning - what can go wrong?

In the framework of separation from a spouse, whether married or de facto, and regardless of the duration of the relationship, there are several problems that can arise if estate planning is not carefully considered and updated to reflect your change of circumstances.

Potential outcomes vary depending on a number of factors including: »» whether you have a will (and, if you do, whether it names your former spouse as an executor and/ or beneficiary); »» whether you were married or in a de facto relationship (and, if married, whether or not there has since been a divorce); »» w h e t h e r p ro p e r t y p ro c e e d i n g s h a v e b e e n commenced in Court; »» the types of assets in question.

Often, the legal outcomes of outdated estate planning are in stark contrast to the desired outcomes you are investing considerable time, emotional reserves and financial resources into achieving in your family law matter. For example, your former spouse could inherit your entire estate despite your separation.

Importantly, you should also be aware that while a formal property settlement, once achieved (by agreement or by order of the Court), prevents claims that your former spouse may have against you during your lifetime, it won’t necessarily preclude him or her from receiving a benefit from your estate or making a claim in the event of your death. This is particularly relevant if you are not yet divorced and have not changed your will or do not have a will.

This can easily be avoided by preparing a new will as soon as possible after separation. Other estate planning tools may also be required depending on the type of assets in question.

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Personally owned assets On death, personally owned assets will be dealt with under the terms of your will, or if there is no will then under the rules of intestacy.

If your will names your former husband or wife as your executor and/or beneficiary and you are separated but not divorced, then those appointments will take effect on your death. Divorce will revoke an appointment of your former spouse as executor and beneficiary, however divorce is only possible after a separation of at least 12 months, leaving you exposed in the meantime. Further, there are many couples who choose not to get a divorce after separation, so their former spouse may still be entitled to the estate years into the future if the will is not changed.

If your will names a de facto spouse as an executor and/or beneficiary, those appointments will be revoked upon separation and the remainder of the clauses in the will continue to apply. The will ought to be reviewed to ensure that the fall-back positions as originally drafted are still satisfactory given your change in circumstances.

If you die intestate (that is, without a valid will) then if you are separated but not divorced your spouse will be the first in line to administer and benefit from your estate. If you have separated from a de facto spouse on the other hand, they will not be eligible to inherit under the rules of intestacy.

Other assets Assets which are not personally owned cannot be dealt with under the terms of your will. How they are treated on death in the context of separation depends on the type of asset. Some brief examples are set out below.

1. Jointly owned property If you co-own real property such as your home with your former spouse, in most cases you are likely to do so as “joint tenants”. When a joint tenant dies, the property is transferred to the surviving owner despite any terms to the contrary in the will.

You should consider “severing” the joint tenancy of your property upon separation, particularly if there is likely to be a delay in negotiating a property settlement with your former spouse or commencing Court proceedings.

It is strongly recommended that you discuss this with your family and estate planning lawyer to decide whether a severance of tenancy is appropriate and desirable in your circumstances.

2. Superannuation Superannuation is often one of an individual’s most significant assets on death because of the contributions made and also the life insurance policy often owned within the fund.

The payment of superannuation death benefits is governed by the trust deed of the fund, and generally the trustee of the fund has discretion to decide who to pay the death benefits to, and in what proportions (if relevant). This can create problems both in selfmanaged funds, where the transfer of control of the fund is of paramount importance, and in ordinary funds.

The best way around this in the context of separation is to ensure that a valid binding death benefit nomination has been made in favour of your children or other chosen eligible beneficiaries. Failure to do so, or failure to update a nomination previously made in favour of your former spouse, could see the trustee pay the entirety of the superannuation death benefits, or a portion of them, to your former spouse.

3. Life insurance Life insurance will be paid to the beneficiaries nominated on the policy. Accordingly, unless it is your intention for your former spouse to receive your life insurance despite your separation, it is important to remove or update any nomination in his or her favour if you would prefer your life insurance to be paid to someone else.

4. Companies and trusts There are a range of measures that can be put in place to ensure the effective transfer of your interests in any entities such as companies and trusts to your chosen beneficiaries. This requires a thorough review of relevant documents including the trust deed, company constitution and other associated documents.

“There but for the grace of God go I” It may seem that the chances of something happening to you prior to the finalisation of your family law matter are slim. However, a “chance” by its very definition means that it is possible.

It is therefore highly recommended that you discuss your personal circumstances with your legal advisers, and update your estate planning documents accordingly so that your interests (and those of the potential beneficiaries of your estate, such as your children) are protected in the period between separation, finalisation of property proceedings, and divorce.

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M A N DO W N – A R E FAT H E R S PUSHING IT UPHILL IN THE WORLD O F FA M I L Y L AW ?

Joh n P at terson, Se nior Solic itor If you own a television or computer, you’ve probably experienced the thrill of a bloke in a t-shirt with a slogan that doesn’t make sense aggressively venting on social media or via a current affairs program about the “gender bias” in the Family Court.

If you are in the middle of what may be a highconflict dispute with your children’s mother or another family member, it can be hard to remember that the kids’ interests will rarely be protected by causing undue detriment to a person who is central to their universe – such as their mum (even if the two of you would prefer to never be in the same postcode).

You might even have been asked to “share if you agree” so we can “force our corrupt politicians to take action”. Truly captivating stuff, as long as you don’t mind the odd spelling mistake, grammatical error, or offensive misuse of all caps!

There is an unfortunate perception amongst some that family law in Australia is skewed in favour of women.

While some may argue for the merits of such a “skew” in any event, that is not for me to comment on. What is certain however, is that the “skew” is a myth.

I have the immense privilege of acting for a great many fathers, most of whom are exceptional men. Some of my most rewarding professional experiences have come in assisting fathers to ensure that their children’s wellbeing is maximised in the midst of often difficult circumstances between parents. If there was a secret to doing so successfully, I would certainly not keep it.

There unfortunately is no one secret. That said, there are absolutely common traits. The men who navigate the world of family law with their dignity intact tend to understand that: »» The Family Court is not the back nine at Augusta.

Your long game is by far the most important thing to get right. »» All things going to plan, life is long and your kids’ lives are even longer. It is not worth sabotaging a lifetime of potentially happy and fulfilling relationships for the sake of a bitter year or two in your kids’ developmental years. »» In relation to parenting matters, family law in Australia is focussed primarily on the kids’ best interests. Sometimes, your kids’ interests may not be perfectly aligned with what you may want for yourself, particularly in the short term.

»» Parenting sometimes isn’t “fair”.

Kids are not assets. We’re not here to divide them up, and establishing arrangements for them should not be treated like a competition. We may be helping to allocate responsibility for caring for them at particular times, but that allocation is not based on what seems “fair”.

Even in intact relationships, it is unusual for both parents to spend the same amount of time with the kids all the time. Life circumstances change and kids grow and develop. At various stages, sometimes they will spend lots of time with mum. At other times, they may spend more time with dad. While we can’t always expect to simply replicate that type of flexibility when a relationship breaks down, it remains a useful example. Sometimes kids need to spend a bit more time with mum. Other times they don’t.

Even though it can sound a bit like common sense, sometimes that common sense gets lost in the middle of a family law dispute.

If you’ve found yourself in a situation similar to something I’ve described above, don’t let the misconceptions about gender bias scare you. Dads are integral to the functioning of family law in Australia, as are mums.

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OUR YEAR IN REVIEW Jen n i fer R yder, Gene ra l Mana ger It’s a tradition as old as time at Best Wilson Buckley. Taking a moment to reflect on the financial year that was, celebrate the successes and learn from the more difficult days, and to prepare ourselves for a bigger and better year to come.

Client outcomes The heart of our business lies in all of those people that let us into their everyday lives at a time of great upheaval. In return, we work with them towards resolution and as their guide while they build their new pathway forward. We’re incredibly grateful to all of our clients. It is our humble honour to be able to support you and we appreciate all your kind words, some of which have included: I very much appreciated your sincerity, directness and the scope of your knowledge.

Thank you so much for the invaluable assistance you have provided to me. Your patience and guidance is appreciated and valued.

It has been a long road and I am glad it is finally over.

Thank you for all your help and advice, it certainly has been a pleasure to have you represent me.

Thank you for all your work. I feel certain the resolution would not have been as clear without your help. The last two and half years have been huge, and I am very grateful for all the practical advice and support you provided. I have the highest regard for you and wish you well for the journey. Thank you again, and my thanks to all your team.

T h a n k y o u f o r y o u r o n g o i n g s u p p o r t . Yo u h a v e made such a big difference to the anxiety levels that are generated in such a situation. We all greatly appreciate it.

Improving the journey Each year we learn from our clients and work towards improving what it is that we can do for them, and their family and friends, to make this experience a little better for each person we work with.

This year we also teamed up with a client experience firm to build on this approach and work undertaken over the past few years, to look at the journey our clients take with us into the world of family law. It’s the small things that matter and we’ve worked to tweak each area of how we work, no matter how small it may seem, in an effort to improve the experience and outcomes of our clients. This is a work in progress that will never be finished for we can always do something better, different or more, to work with each individual person that walks through our door.

Holistic advice At the heart of how we practice is the understanding that the law is only one part of what is needed to create a renewed sense of possibility and craft a more meaningful outcome for our clients as they forge their new pathway. Accordingly, we’ve always worked closely with therapeutic professionals, tax and financial advisors, and other colleagues to achieve this, and we’re now fortunate enough to have our own in-house dedicated estate planning team in this pursuit. Our team assist clients to review their estate planning in the context of a separation or divorce to ensure that the future wellbeing and financial security of those important to them is suitably planned for, and to take one more thing off the “things keeping me awake at night” list. We look forward to continuing to grow and strengthen our capacity to help clients get that list down through internal appointments and important partnerships with experts in all areas of holistic practice.

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Focus This financial year we first embraced the concept of quarterly themes in our business as a means of increasing focus, strengthening our core and further building on what we have achieved for the benefit of our clients and our team. We kicked things off with a focus on “stability” through consistency, structure and responsiveness.

Next up we decided to change the pace and focused our quarterly efforts on “vision”, and creating a renewed sense of possibility. One of the things we proved as possible was to significantly reduce the volume of paper we print and store across our business to see if we couldn’t save a few trees here and there.

Our current theme as we head into 30 June is “connection”, to hear, understand and reach. This is about making sure we don’t lose sight of those that mean the most to us as things heat up at the end of a financial year. We’ll be spending a lot of quality time with each other! We will also be looking at ways and means of connecting, technologically and otherwise, with our clients and colleagues in a way that makes everyone’s lives easier and provides a true sense of connection. We’re all human beings after all.

Leading family law firm We were named as a Leading Family Law firm in Toowoomba & Western Queensland for the fourth consecutive year in 2019 by the independent Doyle’s Guide. Kara Best was also named as a Preeminent Family Lawyer in the region, and as a Leading Parenting and Children’s Lawyer and Leading High-Value and Complex Property Lawyer in Queensland. Zoe Adams was also recognised as a Rising Family Law Star in Queensland. The Doyle’s Guide recognises lawyers and law firms in all areas of practice with input from clients and colleagues alike, and it continues to grow year on year to recognise all of the wonderful practitioners we’re so fortunate to work with.

Our Carla Franchina racked up her second nomination as a finalist in the Family Law 30 Under 30 Award this year as well. It is an achievement to be nominated and named as a finalist once, let alone twice. This is a testament to the exceptional family lawyer that Carla is and just how fortunate we are to call her our own.

This year Best Wilson Buckley was also recognised as a finalist in the Toowoomba Business Excellence Awards, Banking, Finance and Legal category. As our hometown, Toowoomba is incredibly close to our hearts and we continue to be amazed at the support that this town has shown us over almost 10 years.

Local really is lovely and no matter how far we roam, we’ll always call Toowoomba home.

North Lakes While our North Lakes office opened in March 2018, and doesn’t technically scrape in for a review of this financial year, it is still very much worth celebrating.

Under the exceptional stewardship of our Alecia Connor, our North Lakes office has become a part of the local community in that region. At the heart of our promise to clients is that we are there when they need us most, and we have delivered on being there for the thriving community of North Lakes. As have they for us. We’re fortunate to have formed some exceptional partnerships with local professionals, businesses and community groups that can only enhance what it means to be part of a local area.

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The changing face of family law Our business exists to respond to the inevitability of changing circumstances. We spend our days empowering our clients to respond to change and to find their new pathway and know the level of resilience and tenacity required to do so.

That doesn’t mean we’re immune to the powers and pitfalls of change and, in fact, have experienced some of life’s curve balls in this past year.

The Australian Law Reform Commission handed down their substantial report following their review into the family law system in our country and you can read more about the significant recommendations in an earlier article. While it is not yet clear what exactly this will mean for the future of family law in this country we are excited about the prospect of change, as well as hopeful for a meaningful role in that for the betterment of our clients and their families.

We’ve also experienced changes within our “family” at Best Wilson Buckley. There have been farewells and good wishes to those that have gone on to conquer new challenges over the horizon, as well as welcoming new faces, experiences and skills to the team. We also implemented a new leadership model across our business this year welcoming Luke Steel as Legal Partner (Brisbane) and appointing existing practitioners in Lynn Armstrong, Alecia Connor and Neal Wood to Practice Leader roles that strengthen our team and provide for the future of Best Wilson Buckley.

Our team is the largest in a specialty family law firm in all of Queensland, with 40 team members all up, including 17 lawyers. This means that we offer our clients, and each other, a breadth and depth of experience that can’t be beaten, as well as being ready for whatever it is that life and a new financial year has in store for us.

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CO N N E C T W I T H U S info@bwbfl.com.au

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bwbfamilylaw.com.au

(07) 4639 0000 - Toowoomba 135 Margaret Street, Toowoomba QLD 4350 PO Box 3701, Toowoomba QLD 4350 (07) 3210 0281 - Brisbane Level 5, 190 Edward Street, Brisbane QLD 4000 PO Box 1735, Brisbane QLD 4001 (07) 3812 1392 - Ipswich 205 Brisbane Street, Ipswich QLD 4305 PO Box 840, Ipswich QLD 4305 (07) 3490 1390 - North Lakes 107/1642 Anzac Avenue, North Lakes QLD 4509 PO Box 1207, North Lakes QLD 4509

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