Best Wilson Buckley CrossRoads Magazine - Issue 7

crossroads Issue Seven

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Published by Best Wilson Buckley Family Law

T H E CO N T E N T S I T ’ S J U S T T H E V I B E O F T H E T H I N G . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Jennifer Ryder, General Manager l Best Wilson Buckley Family Law

P R E - N U P S – U N FA I R M AY M E A N U N B I N D I N G.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amity Anderson, Legal Partner & Accredited Family Law Specialist, Kiara Greenway, Graduate Solicitor, and Hillary McVeigh, Paralegal l Best Wilson Buckley Family Law

S A M E S E X M A R R I AG E I N AU S T R A L I A . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Zoe Adams, Associate l Best Wilson Buckley Family Law

C H A N G E S A H E A D F O R FA M I L Y L AW .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Zoe Adams, Associate l Best Wilson Buckley Family Law

W H AT I S PA R E N TA L C A PAC I T Y ? .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Lynn Armstrong, Senior Associate & Accredited Family Law Specialist l Best Wilson Buckley Family Law

W H Y I DO W H AT I DO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Amity Anderson, Legal Partner & Accredited Family Law Specialist l Best Wilson Buckley Family Law

J E S S F R Y | PA R A L E G A L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 J O S H S C H O N F E L D | PA R A L E G A L .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 L OT T E R Y W I N S – T H I N K I T ’ S “ YO U R S ”? T H I N K I T ’ S “ O U R S ” ? T H I N K AG A I N !.. . . . . . . . . . . . . . . . . . . . . . . 15 Neal Wood, Associate l Best Wilson Buckley Family Law

T H E D E V E L O P M E N TA L N E E D S O F C H I L D R E N .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Extract Vincent Papaleo, Developmental Considerations in Contact and Residence Disputes

DO W E S T I L L N E E D FA M I L Y L AW Y E R S ? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Amity Anderson, Legal Partner & Accredited Family Law Specialist and Hillary McVeigh, Paralegal l Best Wilson Buckley Family Law

T H E R U L I N G O N S C H OO L I N G : N AV I G AT I N G J O I N T D E C I S I O N - M A K I N G A F T E R S E PA R AT I O N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Carla Franchina, Senior Solicitor l Best Wilson Buckley Family Law

C H I L D R E N ’ S CO N TAC T C E N T R E S . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Angela Kendall l Toowoomba Children’s Contact Centre

K E Y L I M E P I E .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Fourthchild

E X P L A I N TO M E … T H E C H I L D S U P P O R T S C H E M E .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Andrew McCormack, Senior Associate & Accredited Family Law Specialist l Best Wilson Buckley Family Law

TA X A N D R E A L I S AT I O N CO S T S I N P R O P E R T Y S E T T L E M E N T .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 9 Neal Wood, Associate l Best Wilson Buckley Family Law

H OW TO H E L P M E H E L P YO U – U S E F U L T I P S F O R FA M I L Y L AW C L I E N T S. . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1 Katherine Marshall, Senior Solicitor l Best Wilson Buckley Family Law

JUST ONE BAD EGG – WHEN SURROGACY GOES WRONG.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Alecia Connor, Associate l Best Wilson Buckley Family Law

SELF-MANAGED SUPER AND SUCCESSION PLANNING.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 James Tickle l GTH + Super Solutions

MADELINE DOWLING | OFFICE ADMINISTRATOR.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 LEANDRA HERBERTS | OPERATIONS MANAGER.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 THE BEST LAID PLANS … ARE PREPARED BY A FAMILY LAWYER.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Lynn Armstrong, Senior Associate & Accredited Family Law Specialist l Best Wilson Buckley Family Law

CHEESY BREAD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Neal Wood, Associate l Best Wilson Buckley Family Law

BENEFITS OF EXERCISE AND WELLBEING.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1 Shanee Lawrence l F45 Training

BEST WILSON BUCKLEY RECOGNISED AS LEADING FAMILY LAWYERS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Jennifer Ryder, General Manager l Best Wilson Buckley Family Law

info@bwbfl.com.au

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bwbfamilylaw.com.au

(07) 4639 0000 - Toowoomba

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205 Brisbane Street, Ipswich QLD 4305

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IT’S JUST THE VIBE OF THE THING Jen n i fer R yde r, Gene ra l Mana ger

A great character once distilled a good passage of legal precedent into that most simple and understandable of phrases that still resonates with Australians all over today.

While on the surface such a phrase appears to lack meaning there is, in fact, a great deal of understanding and layering within it.

To channel our inner Dennis Denuto’s, our team had a no-holds barred two days of togetherness time in November 2017 in an effort to distil the essence of Best Wilson Buckley Family Law into such a turn of phrase.

Not because we don’t value what that essence is and what goes into it. Rather, quite the contrary, we know that what we have is somewhat magical and allencompassing and our intention is to be able to hold a mirror up to that phrase and reveal all of the layers within it.

Over those two days we laughed, we cried, we connected, we shared, we were vulnerable, we were brutally honest with ourselves and each other and we came out the other side with the clearest sense of who we are to ourselves, to each other, to our clients, to our colleagues and as part of the legal fraternity and wider community.

As a small firm we have a big dream and that is to shift how family law is practised in such a way that we help separating parties to honour the time that they’ve had together and the family they’ve built, and we prioritise an optimal experience for the children involved. Rigid, black letter law doesn’t do this naturally or well in our experience.

We share a desire to see the “legal” better fit the “personal” experience of separating families.

All of this soul baring has enabled each of us to determine what it is that drives us on this journey each and every day – the values that we hold dear and the values that we share. It is our individual and collective desire to make this world a better place when we leave it than when we came into it, and working with separated families in a legal context is the means by which we do that.

Our values for ourselves, each other, our clients, our colleagues and our community are: 1. Nurture – to care for, support, protect and grow; 2. Contribution – to craft a more meaningful outcome; 3. Vision – to create a renewed sense of possibility for the future; 4. Connection – to hear, understand and reach; 5. S t a b i l i t y – t o b e c o n s i s t e n t , s t r u c t u re d a n d responsive.

There it is, our essence distilled. What has quickly become evident is that there is nothing soft about these values; in many ways they are responsible for our collective strength and will no doubt fuel our continuing strength in the years to come.

Our challenge now is to identify those ways that we live these at Best Wilson Buckley, and identify new ones for us to aspire to.

Because the proof of our convictions is really in the pudding, and it is truly our vibe.

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Nurture Contribution Vision Connection Stability

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P R E - N U P S – U N FA I R M AY MEAN UNBINDING A m i t y A n derson , L egal P art ne r & Acc re dited F a mily Law Spec ialis t, K i a ra G r e enway , Graduate Solic itor, and Hilla r y McVe igh, Pa ra leg al

Once again the pre-nup area of law has created confusion, heartache and uncertainty for judges, family lawyers and clients.

Binding financial agreements (that include pre-nups) have been a contentious and consistently tested and challenged space in the family law realm for some time.

Conflict can arise from these agreements for countless reasons – the agreement is grossly unfair; it was prepared hastily; one party was ‘forced’ to sign; it was signed in the limo on the way to the church (Hollywood style); or one party ceases or refuses to comply with its terms. So, the Court needs to then consider if the agreement should be set aside or enforced, which is where the core of the confusion often lies. A recent decision of the High Court of Australia has brought some clarity to the scene.

The landmark ruling of Thorne and Kennedy [2017] HCA 49 saw the High Court effectively throw out a prenuptial and postnuptial financial agreement between an Australian property developer and his bride. The High Court upheld the primary judge’s decision to set aside the agreements because they were entered into through undue influence and unconscionable conduct. The appellant wife, Ms Thorne, was deemed to be “powerless” and had “no choice” but to sign the “wholly inadequate” pre-nup after the respondent husband, Mr Kennedy, threatened to cancel the wedding just four days before the planned nuptials.

After less than four years of marriage, they separated and Ms Thorne started proceedings to have the pre and post-nups set aside and for her to receive a settlement of $1.1 million and lump sum maintenance of $104,000.

Mr Kennedy died in 2014 during the trial and the proceedings were continued with his children being substituted as parties for him.

In its decision, the High Court took the rare opportunity to hone in on the law surrounding undue influence, unconscionable conduct and duress as it applies to relationship financial agreements.

This decision highlights the importance of ensuring that the terms of binding financial agreements are fair and reasonable to both parties. The High Court has made it clear that the failure for fair terms and subsequent pressure to sign can result in the agreement being set aside.

Facts of the case The parties met on a dating website for potential brides. Shortly after meeting in person, they became engaged. Ms Thorne moved to Australia on a tourist visa with the intention of marrying Mr Kennedy.

Mr Kennedy was a 67 year old Australian property developer, worth between $18 and $24 million. He was divorced with three adult children. Ms Thorne, a 36 year old Eastern European woman, was living in the Middle East with no substantial assets and limited English abilities. In the words of the primary judge, Ms Thorne came to Australia leaving behind “her life and minimal possessions … If the relationship ended, she would have nothing. No job, no visa, no home, no place, no community”.

Mr Kennedy initially told his fiancée, “If I like you I will marry you but you will have to sign papers. My money is for my children”. Four days prior to the wedding, Mr Kennedy forced Ms Thorne to sign a prenup. The advice of her lawyer at the time was clear that the agreement was “entirely inappropriate” and that “she should not sign it”. This “inappropriate” agreement provided that: 1. if they separated within three years of marriage, Ms Thorne would receive nothing; and 2. if they separated after three years of marriage, she would receive a lump sum of $50,000 (CPI adjusted).

A post-nup agreement that was signed 30 days after the wedding was virtually identical and confirmed the terms.

Ms Thorne’s lawyer described the prenuptial

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Ms Thorne’s lawyer described the prenuptial agreement as “the worst agreement ever” and advised Ms Thorne that its terms were wholly inadequate and did not show any consideration for Ms Thorne’s interests.

The High Court majority found that even without the evidence of Ms Thorne’s lawyer, it is plain that some of the terms of the agreements could not have operated more adversely to Ms Thorne.

Despite the strong advice, Ms Thorne signed the agreement because she relied “on Mr Kennedy for all things”, the wedding and reception had been booked and her parents and sister had been flown to Australia from Eastern Europe and accommodated for the wedding by Mr Kennedy. Guests had been invited and Ms Thorne’s dress had been made.

The High Court also said that Ms Thorne’s “lack of financial equality” with Mr Kennedy and her “lack of permanent status in Australia” would have contributed to her total reliance on Mr Kennedy. The Court also considered that she was affected by an “emotional connectedness to their relationship and the prospect of motherhood”.

The trial judge remarked that “every bargaining chip and every power was in Mr Kennedy’s hands.

Either the document, as it was, was signed, or the relationship was at an end. The husband made that clear”. Her Honour also explained that Ms Thorne’s situation was “much more than inequality of financial position”.

The High Court also provided guidance for future financial agreements and a number of factors that, if present, could give rise to a finding of undue influence:

The primary judge set out six matters which, in combination, led her to the conclusion that Ms Thorne had “no choice” or was powerless: » » her lack of financial equality with Mr Kennedy; » » her lack of permanent status in Australia at the time; » » her reliance on Mr Kennedy for all things; » » her emotional connectedness to their relationship and the prospect of motherhood; » » her emotional preparation for marriage; » » the “publicness” of her upcoming marriage.

The trial judge initially set aside the agreements for duress and undue influence. The Full Court however, subsequently overturned the decision and said the agreements were binding on the basis that the trial judge failed to provide adequate reasons for making her findings.

The High Court of Australia’s decision The High Court, confirming the trial judge’s decision, overturned the Full Court’s decision. The High Court said the agreements had been entered into because of undue influence and unconscionable conduct. The High Court majority ultimately established that whilst the nature of pre-nups is such that they are often more favourable to one party, this can be indicative of circumstances of undue influence where the agreement is signed even where it is grossly unreasonable.

» » whether the agreement was offered on a basis that it was not subject to negotiation; » » t h e e m o t i o n a l c i rc u m s t a n c e s i n w h i c h t h e agreement was entered into, including any explicit or implicit threat to end a marriage or to end an engagement; » » whether there was any time for careful reflection; » » the nature of the parties’ relationship; » » the relative financial positions of the parties; and » » the independent advice that was received and whether there was time to reflect on that advice.

In finding that the agreements were entered into by unconscionable conduct, the High Court held that Ms Thorne was at a “special disadvantage” when entering the agreement. This was due, in part, to the urgency and haste surrounding the signing of the agreements so close to the wedding. Mr Kennedy was aware of this and took advantage of Ms Thorne.

So, what does this mean for lawyers and parties who are considering a financial agreement?

1. The terms need to be fair and reasonable.

2. T h e a g r e e m e n t m u s t b e p r e s e n t e d t o t h e ‘disadvantaged’ party so as to ensure there is room for negotiation.

3. T h e n e e d f o r d e t a i l e d a n d t a r g e t e d l e g a l advice remains a necessity but will not always b e a s u ff i c i e n t d e f e n c e t o a n a s s e r t i o n o f unconscionable conduct.

If you are considering entering into a binding financial agreement, it is essential that you seek legal advice before doing so. Not only is it a legislative requirement but it is important to assist you to understand your rights and entitlements.

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S A M E S E X M A R R I AG E I N AU S T R A L I A Z oe Adams, Assoc ia te

Following a nationwide postal survey last year in relation to same sex marriage, and a majority of the Australian population voicing that our laws be changed to allow same sex couples to marry, the Marriage Act 1961 and associated legislation has been amended, and the first same sex marriages in Australia have now taken place.

As simply put by Ellen, “It’s a g’day. Way to go Australia”.

Having come into effect from 9 December 2017, the definition of marriage in the Marriage Act 1961 has been changed to read “the union of two people” to the exclusion of all others, voluntarily entered into for life. The reference to union of “two people” replaces the earlier reference to “a man and a woman”.

It is entirely gender neutral and encompasses all monogamous relationships.

Religious attitudes, values and beliefs featured heavily throughout the course of the debate on same sex marriage. As such, there are also various amendments throughout the Act which stipulate that ministers of religion are to solemnise marriage respecting the doctrines, tenets and belief of their religion, the views of their religious community or their own religious beliefs; the purpose being to allow equal access to marriage while protecting religious freedom in respect of marriage. A religious minister can therefore refuse to solemnise marriage of a same sex couple on religious grounds. There have been corresponding amendments to the Sex Discrimination Act 1984 in this regard.

It is interesting to see that the far-reaching impact of such change is suggested even in the number of amendments required to other legislation, including legislation relevant to: »» family law; »» the defence force; »» employment; »» finance (including pensions and superannuation); »» immigration; and »» veterans’ affairs.

In terms of family law, this means that access to Australia’s divorce regime will no longer be determined by the gender of the parties to the marriage.

That is, same-sex married couples, (including those who married overseas prior to the commencement of the reforms) will be treated the same as other married couples, and will be able to divorce under Australian law if they meet the other requirements for divorce under the Family Law Act 1975.

Furthermore, prior to the amendments, same sex marriages that were previously solemnised in a foreign country were not recognised in Australia. From 9 December 2017, the Marriage Act recognises existing (and future) same sex marriages solemnised overseas under the law of a foreign country. This may have some implications for same sex couples who were married overseas and who had pending family law proceedings on 9 December 2017, who are parties to a financial agreement made before 9 December 2017, or who were benefiting from a maintenance order from a previous relationship. Further information is available in this regard on the Attorney-General’s Department website and an experienced family lawyer will be able to provide you with advice on your specific situation.

Changes to the laws in Australia have often reflected c h a n g i n g p u b l i c s e n t i m e n t . H o w e v e r, t h e s a m e sex marriage debate is the first change that the government has conducted a nationwide survey about in order to test the public’s views. Such a move was highly controversial given the publicised cost of conducting the survey and what was considered by many to be a long overdue reflection of community views.

It was also, perhaps, one of the most powerful examples of Benjamin Franklin’s statement, “Justice will not be served until those who are unaffected are as outraged as those who are”.

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C H A N G E S A H E A D F O R FA M I L Y L AW Z oe Ada ms, Assoc ia te After the building momentum surrounding the national conversation about same sex marriage, and continued media attention focusing on laws affecting marriage and families, in September 2017 the then AttorneyGeneral announced a review of the family law system to reflect: 1. profound social changes and changes to the needs of families in Australia over the past 40 years; 2. the greater diversity of family structures in contemporary Australia; 3. the importance of ensuring the Act meets the contemporary needs of families and individuals; 4. the importance of affording dignity and privacy to separating families; 5. the importance of public understanding and confidence in the family law system; 6. the desirability of encouraging the resolution of family disputes at the earliest opportunity and in a way that reduces the cost and potentially harmful manner of those disputes; 7. the paramount importance of protecting the needs of the children of separating families; 8. the pressures (including, in particular, financial p re s s u re s ) o n c o u r t s e x e rc i s i n g f a m i l y l a w jurisdiction; 9. the jurisdictional intersection of the federal family law system and the state and territory child protection systems, and the desirability of ensuring that, so far as is possible, children’s matters arising from family separation be dealt with in the same proceedings; 10. the desirability of finality in the resolution o f f a m i l y d i s p u t e s a n d t h e n e e d t o e n s u re compliance with family law orders and outcomes; 11. the benefits of the engagement of appropriately skilled professionals in the family law system.

The ALRC is to provide its report to the AttorneyGeneral by 31 March 2019. Given the scope and terms of reference, the review is expected to be comprehensive and a significant overhaul of existing laws and processes to follow.

The review is welcome. There are many difficulties for all involved in the current family law system – the parties, lawyers, counsellors, and judges. There is understandable apprehension in relation to the uncertain. Perhaps the greatest concern in relation to family law reform however, is not the uncertain but rather that there will not be parliamentary support, both legislatively and with regard to funding, to implement real reforms and relief for families in the family law system; and those working within the system.

So, it is with equal parts enthusiasm and apprehension that we wait for the release of the ALRC’s report – and its implementation.

Meanwhile, the recent report following a parliamentary inquiry into a better family law system to support a n d p ro t e c t t h o s e a ff e c t e d b y f a m i l y v i o l e n c e has provided some very positive, more short-term recommendations for the simplification of family law and its processes in this area. Amongst the 33 recommendations in the report (handed down in December 2017) are the following: 1. the development of a national family violence risk assessment tool, with risk assessments undertaken b y a n a p p ro p r i a t e l y t r a i n e d f a m i l y v i o l e n c e specialist provider; 2. a single point of entry for Federal Circuit Court and Family Court matters; 3. that abuse of process be added as an act of family violence within the Family Law Act; 4. that there be mandatory family violence training for family law professionals, judicial officers, family consultants, independent children’s lawyers and family dispute resolution practitioners.

In considering possible reforms to the family law system, the Australian Law Reform Commission (ALRC) is to consult widely with the family law fraternity, family relationship and social support services, health and other stakeholders with expertise and experience in the family law and family dispute resolution sector.

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In short, there are interesting times ahead in the area of family law. Watch this space!

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W H AT I S PA R E N TA L C A PAC I T Y ?

L y n n A rm s t r ong, Senior Assoc iate & Accred i ted F a mily Law Spec ialist

“Parental capacity” is referred to in almost all parenting matters, whether in the Family Court or the Federal Circuit Court. What is this, and how does it affect your case?

Pursuant to the Family Law Act, judges are required to consider what is in the best interests of the child and, in this regard, parental capacity or, simply, the capacity to parent, is certainly relevant. It impacts on every decision that is made, and every aspect of care for a child.

Parental capacity is not something that can fit into a box as every family and situation is different. It is always being changed to fit the situation, but there are some aspects that are relevant most of the time: 1. Your ability to get through the difficult tasks as a parent and “parent” the child. Simply, can you get your child to school? To the doctor when needed?

To the dentist? We are often told of parents who can’t get their young child to contact as the child doesn’t want to go. This is always concerning. It may show an issue with capacity as parenting is not just getting children to do what they want, but what is necessary for their long term best interests.

We often hear judges say something like, “If your child doesn’t want to go to school/the dentist/the doctor, do you make them?”. Almost all parents will become shocked by this and say something like, “of course”. The judge then goes on to ask, “Then why can’t you get the child to time with the other parent?”. Time with the other parent, and the need for a young child (usually under 14 years) to attend, is a parenting decision. It is not up to a child to determine whether they should go or not. It is mostly accepted that all children should be spending time with the other parent (unless there is a substantial risk to their safety).

There is of course the other side to the coin.

If a parent strongly believes that the child is at immediate risk in the other parent’s care, particularly if there is evidence of the risk, then the capacity changes – it is then incumbent upon the parent to protect the child, and if time has to stop, or be supervised, then action should be taken for that to occur. In these circumstances it may be the Court’s view that a parent not exercising this protection does not have capacity. Should you hold such concerns, it is necessary for you to contact your solicitor for advice, and do so quickly.

2. Your ability to provide for the intellectual and emotional needs of the child. As each child is different, the answer as to whether this is occurring or not is different. Generally, can you make sure that their emotional safety is maintained? Can you provide your child with the permission to have a good time and relationship with the other parent?

This is really important as children sometimes have concerns about loyalty to one or other parent. On Oprah many years ago, she said something like, “Don’t denigrate the other parent in front of or to the child; that child is, after all, made up of half of the other parent”. Simply put, most parents would look at capacity to parent as raising the child up, and not denigrating a parent to the child (or anyone really).

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3. Your ability to put the child’s needs above t h a t o f t h e p a re n t a l d i s p u t e . M o s t p a re n t s who have separated have times of dispute.

Whether that is a short term matter or more lengthy, it is always hard. The dispute can occur in front of children, or close enough to the children for them to pick up on it. The parents (and children) are all dealing with the grief over the separation and loss of the future of the relationship. It is a difficult time, with the most important thing being the removal of the dispute from the line of sight of the children as much as possible.

It may also be worthwhile considering whether you or the children need some psychological support, and there are many psychologists and counsellors, or other health professionals available to assist.

Capacity to parent is not static; it changes and grows with experience and understanding. It is okay to not have it entirely right. It is important that a child’s relationship with the other parent is actively encouraged and permitted. The capacity to parent depends on the circumstances of your matter, both parents’ ability to communicate and safety of the child. The capacity to parent changes from when you are in the relationship compared to after separation.

It is always a good idea to obtain legal advice on the aspects of parental capacity that are relevant to your particular case, and you can be assured that it is very likely the judge (if your matter ends up in Court) will discuss this at some time during your matter.

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W H Y I DO W H AT I DO A m i t y A n derson, Legal Partner & Accred i ted F a mily Law Spec ialist

When people ask you what you do for a living and you tell them, “I’m a family lawyer”, the reactions are mixed. Some people lean their head to one side or scrunch up their face as if they are apologising.

For others, their eyes widen and brighten in the anticipation that you are about to share with them something juicy about what really happened between “Brad and Jen” (or the local equivalent). Some simply share with you their experience in our jurisdiction or the experience of a loved one.

If you ask anyone who has had the unfortunate circumstance of needing a family lawyer, I am certain they will tell you there is far more to it than who gets the steak knives.

It’s often been said that a separation is worse than a death. People are losing a relationship with the person they loved and trusted; losing the dream of their happily ever after. Then, whilst they are grieving that loss, they also have to give consideration to are their children safe, are they coping and adjusting to this life-shattering change; and they have to worry about where they will live, do they have enough money to buy groceries?

It is undeniable that this time in a person’s life will be one of, if not, the hardest and most emotionally traumatic times of their life. But the strength, courage and resilience that we, as family lawyers, see in our clients every day is just one of the things I love about my job.

Family law is also incredibly diverse, in respect of the clients you meet, the other professionals and experts you consult and engage with, the legal issues that arise and also the process options available to resolve a matter. Some days in Court can be incredibly litigious and require you to be “up for the fight”.

Other days and most days, we really are just problem solvers, trying to reach an amicable and expeditious outcome for our clients, whether this is by negotiation, mediation, or collaboration. Every matter is different, just like every marriage or relationship is different and there is no right or wrong answer or set process.

settlement. It is possible to transfer parts of a real property to an adult child or related company or trust.

In exchange, that party may contribute to borrowing the money needed to pay out another party.

So why do I do what I do? Because I love it. Every day is challenging and different. And yes, sometimes it is emotionally exhausting but building a rapport with your client, learning about them, their life, their experiences, understanding their family and helping them rebuild and look forward to their future is a wonderful way to spend your days.

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JESS FRY P a ra le g a l Toowoomba

Q. Why family law?

Q. Favourite holiday destination?

A. I kind of fell into family law by chance six years ago, but haven’t looked back since. I have always wanted to do a job that helps people through a tough time in their life, and it is a privilege to assist people during the emotional and challenging chapter that is the breakdown of a relationship.

A. The last two holidays I went on were to Bali and then Hawaii – both were incredible. In Australia, I always love Byron Bay.

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

Q. What do you do in your spare time?

A. Soccer season.

A. You will find me at the beach or a waterfall on my weekends. I love to chill out with friends with some beers, wine and a great cheese platter. I spend a lot of my spare time playing soccer.

Q. Number one on your bucket list?

A. I have way too many to choose from! A top few would be Flamingo Beach in Aruba, hot air ballooning in Cappadocia, Machu Picchu, Greek Islands, Coachella... I could go on!

Q. Best event you have been to?

A. Splendour in the Grass and Falls Festival are in my calendar every year.

Q. Favourite place to eat in Toowoomba?

A. Everyone knows the best thing about Toowoomba is Super Rooster! And you will find me at Urth Café for breaky every weekend – do yourself a favour and try their baked eggs with fetta and prosciutto – amazing!

Q. Who was your childhood hero growing up?

A. My dad was always number one!

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

A. A vet, and I was going to live on a big property with 101 dalmatians.

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

A. Bacon, eggs, baked beans and toast.

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

A. Currently working my way through the Game of Thrones series.

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JOSH SCHONFELD P a ra le g a l Toowoomba Q. Why family law?

Q. Who would be your ultimate five dinner guests?

A. I love that we get to help people get through an extremely tough time. Any little thing I can do as part of my role to help make this period easier for our clients is rewarding.

A. Jennifer Byrne, Stephen Fry, Bill Gates, Chris O’Brien and Annabel Crabb.

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

A. I love Autumn because it is cool enough to curl up with a book and a cup of tea, but also still comfy enough outside to go for a walk and enjoy the trees in our beautiful Toowoomba parks changing colour.

Q. Number one on your bucket list?

A. I would like to try to write a book one day.

Q. Best event you have been to?

A. The Andy Warhol Exhibition when it came to GOMA a few years ago – that man blew my mind.

Q. Favourite place to eat in Toowoomba?

A. Piccolo Papa is always great. Love both their pizza and their breakfasts.

Q. Favourite holiday destination?

A. I loved Hoi An in Vietnam – super relaxing, great fun, and amazing food.

Q. Who was your childhood hero growing up?

A. I was obsessed with Coldplay and specifically their lead singer Chris Martin when I started to learn to play guitar. He’s still an absolute legend.

Q. What do you do in your spare time?

A. I spend a lot of my spare time reading or learning to play the piano.

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

A. This magazine is not big enough to list everything – still convinced I could be a rockstar!

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

A. Sunday lunch was always a roast at Gran’s – it was also my first cooking lesson ever; how to make gravy.

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

A. The Handmaid’s Tale. Watched the TV series and really enjoyed it (although completely shocking), but now I want to see what the characters are like in the book.

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

A. Rockstar City by Alex the Astronaut. One of my top 10 songs from 2017.

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L OT T E R Y W I N S - T H I N K I T ’ S “ YO U R S ”?

T H I N K I T ’ S “ O U R S ”? T H I N K AG A I N !

N eal Wood, Assoc iate

Whether it’s the $20 weekly syndicate with your workmates or that jackpot draw on New Year’s Eve, chances are you don’t mind having a bit of a punt now and then.

Even the most cynical person who might describe gambling as “a tax on the mathematically challenged” has probably still bought or received their fair share of lotto tickets or scratchies as a last minute gift.

While the dream of that winning ticket and retiring to sail around the world may remain just that for most of us, have you ever wondered what might happen if the joy of that once in a lifetime win turned into a messy family law property settlement? Sadly, there are plenty of cases where the Family Court and the Full Court of the Family Court have been asked to decide just that.

So what happens to the lottery win and how is it going to be treated? Well, as with most things in the family law arena, there is no short answer and it comes down to the individual facts and circumstances of each case.

While it seems logical that the Court should approach lottery wins in a consistent, uniform way, in practice the way that consistency of approach is borne out is by the Court and the Full Court looking very carefully at the facts in each case. What is clear is that the fact of “the win” itself is generally pretty uncontroversial, but the context in which it occurred and what happened next are very important and critical to how the Court is likely to reach its conclusion about how it should be treated.

The takeaway from three of the more significant decided cases involving lottery wins and the three different conclusions that were reached is that like everything in gambling there is no such thing as a sure thing.

That said, the following are going to be pretty important to your family lawyer being able to advise you about what the Court is more likely to do and hopefully being able to negotiate an outcome with your former partner accordingly. »» Timing is critical. Did the winning entry come into existence early in the relationship, during the relationship or after separation?

»» How were the proceeds of the win used? Was it applied to things like joint lifestyle and family expenses or were they kept entirely separate and locked away in a term deposit? »» What else was going on in the relationship at the time? Were the parties involved in a long relationship where they had been pooling their incomes and sharing expenses for many years or had they been keeping everything else separate; and buying lotto tickets should be treated the same. »» How was the winning entry obtained? While perhaps less critical, where the funds came from to buy the ticket, who selected the numbers and whether it was a one-off family entry or a continuation of one person putting in the same entry over many, many years, including from a time before the relationship began; all seem to get a bit of a mention.

So if you are an avid lotto entrant or have the inexplicable ability to pick a winner and want to try and ensure any big windfalls remain yours (and your current or prospective partner will agree to that) then seeking advice about whether a legally binding agreement may be an option for you could be a good investment.

Otherwise, enjoy the win if it comes and cross the bridge of what happens to it in a property settlement should it ever occur.

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T H E D E V E L O P M E N TA L NEEDS OF CHILDREN E x t ra c t from p aper by Vincent Papaleo, C linical Psyc hologist The following summary is reproduced with the permission of the author, clinical psychologist Vincent Papaleo from his paper, Developmental Considerations in Contact & Residence Disputes.

In previous editions of Crossroads, we have brought you extracts from Vincent’s paper relevant to children from infancy to 2 ½ years of age and also from 3 to 5 years. We now turn to look at the 6 to 12 year age group in more detail and, specifically, how to maintain their stability, minimise their loss, optimise the relationship between the child and each parent, and allow for the child’s ongoing development unimpeded.

This is a very complex area, and the reality is that any assessment of your child’s best interest will be premised on their unique developmental needs, not general principles. Whilst in many instances the theory expounded by Vincent will apply, obviously there will be children who are less or more developmentally advanced such that the prescriptions set out do not apply.

6 to 12 years Children in this stage of development thrive on structure and routine. Rules become extremely important in their lives, and their psychological energy is directed towards branching out from the family and making the transition to relationships with peers, school and the broader community. Their sense of self-esteem comes through relationships to others, via friendships and activities, and they start to develop their own sense of gender identity through their interaction with their mother and father and what is valued regarding maleness and femaleness.

By the age of 6 years, the child shows a far greater capacity for separation, and can tolerate much longer periods away from home without excessive fear and anxiety.

In the older range of this stage of development, children have developed a consolidated peer relationship, and a greater investment in the importance of the world away from home, and the fitting into a peer group that becomes increasingly important.

Because of the growing cognitive ability of this stage in children’s development, they can now grasp very clearly their parents’ divorce, and it is not uncommon for them to show a greater demand for knowledge and understanding of the divorce and the reasons for this. Because of this growing awareness, there is the potential for the emergence of greater sadness, anger and hurt, as they grow to appreciate why their parents have separated and each parent’s explanation for why they have done so. In the case of the young preadolescent child, there may also be a sense of shame for what has happened as well as a feeling of outrage.

Contact and residence issues Because this population of children so highly value rules and fairness, a common experience in high conflict families is for children to feel overwhelmed by parental discord and they respond by trying to fix the problem, and take on responsibility for their parents themselves. Even though not necessarily asymptomatic, underlying feelings of anger and vulnerability persist, and may manifest insofar as poor school performance, behaviour difficulty and peer relationships.

This age range of children is still very dependent upon their parents, and with the growing cognitive ability to comprehend what has happened around them, are particularly prone to alignment to one parent over the other, and there is a greater risk for splitting parents into good and bad. Alienation during this period can be a significant problem.

Vincent Papaleo is a clinical psychologist with extensive experience in the assessment of families in conflict, and is widely renowned as an authority in this area.

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Essential in Family Court assessments in this period is to investigate the ability of both parents to empathise with their children’s experience, whilst at the same time maintain clear boundaries and articulate unequivocal plans regarding discipline and limit setting.

Contact should reflect a structured and consistent time share, but because of children’s needs for fairness and adherence to rules, it is very common for children in this range to talk about the fairness of a shared residence arrangement.

Shared residence may work to good effect but requires a degree of consistency, routine and willingness on the part of parents to not embroil their children into the conflict for which they are likely to feel responsible.

Structural intervention such as minimising conflict at changeover by having the point of collection and delivery being the school can assist enormously, and provides an opportunity to minimise opportunities for triangulation of the child within the parents’ conflict.

The use of a communication book is a step towards minimising the communication with the other parent via the child, but in those families where the level of conflict between the parents is so great, and the tensions so encompassing of the children, parallel parenting which encourages detachment from each other is often the most helpful.

Children in this stage of development exposed to too much conflict who are not managing their own stress well or who are exposed to routines which are too different, will tend to do better if there is one primary home base, with the contact to the other parent being in consolidated but discrete blocks of time, with the collection and delivery minimising the contact between parents in the hope that such a structural intervention will ensure continuity and the development of a relationship with both parents.

Relocation considerations Children by this stage are clearly able to tolerate much more contact, and time away from their home base. Problems associated with relocation can be minimised because of the greater tolerance children have to spend more time away from home, albeit that the younger range of this stage of development may find longer periods away from home, familiar supports, structures and the resident parent difficult.

It is still advisable to adhere to the general principles o f m o re f re q u e n t c o n t a c t o f s h o r t e r d u r a t i o n , but more important is the positive attitude of the resident parent to the child’s relationship with the non-resident parent.

Older children are able to establish a relationship with both parents less prone to the negative influence of the parents’ conflict, and do not need the constant replenishment of nurturing that younger children do, and therefore can tolerate periods of greater contact.

It is obviously more helpful for the older children in this range to have some input into decisions made about them, albeit that as a group, children even at this stage of their development like to feel anchored, have a single home base and not endure the disruption imposed by too much residential change, albeit that again individual differences do exist.

Our next edition of Crossroads will look at adolescence – the 13 to 17 years age group.

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DO WE STILL NEED FAMILY L AW Y E R S? A m i t y A n derson, Legal Partner & Accredi ted F a mily Law Spec ialist and H i l l ar y McVe igh, Pa ra legal

First it was online divorce kits, and now the Government has rolled out “e-divorce” software. This has many family lawyers questioning their worth and asking…do we even need family lawyers anymore?

With the looming rise of artificial intelligence in the legal profession, the Federal Government has invested $341,000 in funding to National Legal Aid (NLA) to develop an online dispute resolution system, known as “e-divorce”. This software uses pre-programed algorithms to guide and “advise” separating couples towards an agreed settlement. The NLA claims that the technology will generate likely court outcomes and provide suggested proposals both in parenting and financial matters. Further, it is claimed that these recommended outcomes are based on past similar cases. It promises to provide lower cost and user-friendly legal assistance to separating couples proceeding to stages of divorce.

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H o w e v e r, l i k e a l l t e c h n o l o g y o r m a c h i n e r y, t h e proposed software has its limitations and constraints.

The proposed e-divorce technology is designed to respond to simple legal questions and to provide generic solutions with reference to statute and case law. We always advocate that clients complete their own application for divorce where possible to avoid costly legal fees, although when it comes to the details surrounding your children and finances it is a different story. What the software fails to appreciate and deal with are the intricacies, sensitivities and complexities of each family and the impact that has on all aspects of a family law case.

There is no uniform approach to family law matters.

No two marriages or families are the same and it is therefore naive and dangerous to think that two separations can be the same. A separation is often the most emotional and stressful time in a person’s life, involving the most important thing to them – their family. Solely relying on pre-programmed artificial intelligence software that lacks the human skills of empathy and negotiation involved in family law can have devastating and costly effects.

Will e-divorce cause more harm than good?

F a i l u re t o o b t a i n a p p ro p r i a t e l e g a l a d v i c e a n d making uninformed decisions based on an automated computer response can cost a client and their family dearly, whether it be financially or emotionally. It is often the case that clients will engage a lawyer at a later stage during separation where previous attempts at resolution have failed miserably. Either a party is unable to see their children despite an agreed parenting plan or one party has reneged on an agreed asset sale. Their situations may have turned out very differently had they sought initial tailored and expert legal advice from a family lawyer at the time of separation, rather than waiting until disaster arose.

Legal robots vs lawyers Unlike computer software, an experienced family lawyer knows the right questions to ask, is able to identify key issues and provide detailed advice based on each client’s unique situation and needs.

Prior to obtaining legal advice, clients are often unaware of their legal rights or options for protection and resolution. Lawyers are able to discuss tactical and strategic considerations and create innovative ways to reach a settlement that suits each client’s situation. They are then able to assist in formalising agreements and orders to ensure that they are final and enforceable.

If necessary, they can represent a client in those matters which must be litigated in court.

Lawyers empower their clients by providing the information and knowledge to make informed and appropriate decisions towards their divorce, child custody and property settlement matters. Where one party holds the power either financially or emotionally, lawyers are able to level the playing field and ensure that their client’s rights are being enforced. They can discuss sensitive issues associated with family law, such as domestic violence or tough child custody disagreements. Lawyers provide a holistic approach, collaborating with other practitioners such as counsellors or financial and estate planners.

T h e re i s a re a l r i s k t h a t w h e re c l i e n t s re l y o n predetermined algorithmic technology to settle their family law matter, there will be a failure to address all current and future issues. As a result, the settlement agreement may fail and clients will need to engage lawyers to fix the problem. It is important to get it right the first time and obtain independent legal advice from the outset.

So how can artificial intelligence technology help the profession?

It is important to adapt and embrace changing technology in order for lawyers to best serve their clients. However, artificial intelligence should only be used in limited circumstances rather than handling the entire separation process, parenting arrangements and settlements.

Best Wilson Buckley has implemented into our process software that generates an online questionnaire for clients to complete, providing clients with a roadmap as to what the likely issues are relevant to their case.

The client is then able to book a consultation with one of our lawyers and, prior to meeting with the client, we will already have a background understanding of the client’s issues, resulting in time and cost savings for the client. We can then jump directly into discussing issues and possible solutions.

While artificial intelligence can be used to enhance the legal profession, it should not replace the role of a family lawyer as a trusted advisor and confidante.

We’ve all seen iRobot and Terminator and look how that turned out. Ask yourself…do you want Arnold Schwarzenegger representing your family?

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T H E R U L I N G O N S C H OO L I N G : N AV I G AT I N G J O I N T D E C I S I O N M A K I N G A F T E R S E PA R AT I O N Carl a Fran c hina, Senior Solic itor

There is no doubt that making joint decisions with your partner about matters affecting your children can be difficult in an intact relationship, let alone following separation.

One of the most common examples is the question of where your child will attend school. While this can be a straightforward decision for some, for others it can be extremely tricky.

We regularly see disputes arise where parents have agreed to enroll their children in a particular school whilst together, with one or both parents changing their mind after separation. Maybe this is because financial circumstances change and one party can no longer afford to send the child to that particular school. Perhaps the distance between where the parties now live impacts upon their capacity to facilitate school drop-offs and pick-ups while still getting to work on time. The reasons for disagreement can be complex and varied and sometimes a person’s preference relevant to schooling is informed by their own experiences, their culture and/or their religious background.

So how can the impasse be settled? If you and your former partner cannot agree upon which school your child or children should attend, an application may be made to the Court to make this decision for you. The Court will consider the competing proposals of the parties having regard to the children’s best interests.

Preference will not merely be given to the proposal of the resident parent, however the Court will, of course, be presented with the reality of current care and living arrangements which will need to be considered.

Some of the other factors the Court will consider in making a decision about where a child shall attend school include: »» logistical challenges – what is the travel time to school? Are the proposed schools serviced well by public transport?

»» any views or wishes expressed by the children (if appropriate); »» any prior agreement in relation to the selection of schooling; »» t h e l i k e l y e ff e c t o f a n y c h a n g e t o e x i s t i n g arrangements, for example, any anxiety the child may experience as a result of changing peer groups; »» any relevant cultural, religious or other traditions of the parents.

The above list is not exhaustive and the relevant factors will, of course, vary according to individual circumstances.

It would be appropriate in any application to the Court regarding where your child attends school to include evidence with respect to location, convenience, fees, the school’s academic performance and curriculum, sporting and arts facilities, and any previous discussions and/or agreements between you and your former partner about this issue. It is most important that you are able to demonstrate that your child has a place at your proposed school. There is no use successfully obtaining an order for your child to attend a particular school only for their enrolment to not be accepted. The Court cannot compel a school to accept an enrolment.

As much as this can be a difficult decision for parents, it can also be a difficult and somewhat unpleasant decision for the Court. More than one judge has been prepared if necessary to settle these disputes by selecting whichever state school is located midway between the parents’ residences – an outcome which, understandably, neither parent may be happy with!

»» financial challenges – what are the relevant costs of education and how are they proposed to be paid?

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If you and your former partner are struggling to decide where your child shall attend school, before matters end up before the Court, it may be worthwhile engaging in a family dispute resolution process or seeking specialist family law advice.

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CHILDREN’S CO N TAC T C E N T R E S A n gel a Ken dal l , Toowoomba C hildren’s Conta c t Centre www.tccc .org.au

When parents separate it can be a particularly stressful time for those parents, extended family and, in particular, for children.

Parents may be concerned about maintaining positive relationships with their children and how to best minimise the stress and conflict that may be present around their children at this time. Additionally, other factors may impact on the contact parents have with their children and how this should occur. For many people it can be confusing about how this can be managed.

Children’s contact centres are designed to provide a safe, supervised environment and minimise stress and conflict for children. They allow children to spend time with the parent they do not live with or facilitate the transfer of children from one parent to the other in circumstances where parents may be unable to manage their own contact arrangements.

Most children’s contact centres provide two services: 1. a changeover service; 2. a supervised contact service.

Parents attending for changeovers are allocated separate carparking, entrance and waiting areas and do not come into contact when attending the centre.

A staff member takes the children from one parent to the other.

Parents who attend for supervised contact visits attend the centre under similar arrangements to changeovers, however are required to remain at the centre for the duration of the scheduled visit and are supervised by a family support worker.

The role of the family support worker is to ensure the visits are pleasant and safe for the children. Family support workers will provide support to both the parents and children attending the centre.

Parents are often referred to children’s contact centres by their legal practitioner but children’s contact centres generally don’t require a referral and will accept clients without one. While individual contact centres may operate differently to each other, in most cases parents are required to register and complete an intake process prior to accessing a centre. During this process, how the centre operates, their guidelines, and each parent’s responsibilities will be discussed.

Parents will also have the opportunity to address any concerns they have. Once both parents have completed this process and been accepted into the centre, bookings can be made.

There is high demand on nearly all services and, as such, it is strongly recommended to register as soon as possible to avoid lengthy delays in commencing.

Also, as most people are unfamiliar with this type of service, parents are always encouraged to call and discuss their circumstances with a staff member and find out as much information as possible and about the centre’s individual requirements, prior to agreeing to use a centre.

Finally, it is also important to be aware that children’s contact centres provide services to grandparents and other family members where appropriate.

A place where all children feel valued as individuals, and are able to develop and maintain supportive and nurturing relationships with their family.

The Toowoomba Children’s Contact Centre is a community-based organisation that has been providing services to families for over 20 years and is open from Tuesday to Sunday 9.00am – 5.00pm.

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KEY LIME PIE F ourthc hild www. fourthc hildca fe .com.a u

Ingredients Base

Filling

2 packets of shortbread biscuits

3 tins of condensed milk

225g of melted unsalted butter

1 ½ cups of caster sugar 4 limes’ zest 1 ½ cups of lime juice 12 egg yolks

Method 1. Grease 22cm round cake tin.

5. Bake for 10 minutes.

2. Preheat oven at 160 degrees.

6. Separate egg, beat egg yolks and sugar until it dissolves. Then add rest of ingredients until combined.

3. Crush shortbread then add melted butter.

4. Pat the moist biscuit crumbs into the bottom and sides of cake tin.

7. Pour mix into cake tin.

8. Bake for 30 – 40 mins at 140 degrees until set.

Fourthchild Café & Restaurant is a family-owned and operated business in Ipswich, open for breakfast, lunch and dinner, offering delicious treats, meals and coffee all made on site.

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E X P L A I N TO M E … T H E C H I L D SUPPORT SCHEME A n drew M cCo rma c k, Senior Assoc iate & Accredi ted F amily Law Spec ialist

The child support scheme administered by the Department of Human Services – Child Support came into existence in 1988 with the commencement of the Child Support Act 1988.

That Act allowed for the registration and collection of child maintenance orders. In 1989, the Child Support (Assessment) Act 1989 (CSAA) came into effect. The underlying basis for the CSAA was to standardise the way that child support was calculated, paid, and collected.

Prior to the commencement of the Act, the Family Court had jurisdiction to make orders about child maintenance to be paid by one parent to another.

H o w e v e r, a s c h i l d m a i n t e n a n c e d e c i s i o n s w e re discretionary, there was no standard way of calculating how much child maintenance would be paid and for how long.

It was frequently the case that the Family Court would make an order for lump sum child maintenance to be paid and maintenance was not ongoing. Oftentimes, child maintenance was never able to be recovered.

There were few ways of enforcing payment and this often required expensive court proceedings.

With the Family Court’s case load increasing and the costs of living skyrocketing in the days of the “recession we had to have”, the effect of liable parents not paying became evident. This was to place a major strain on our state welfare system which provides a safety net for those who require financial assistance in raising their children at a time when government coffers were well and truly in the red.

The original administrative scheme that came into existence in 1988 and 1989 provided for: »» the creation of the Child Support Agency which utilised the resources of the Australian Taxation Office; »» the registration of maintenance orders for both child maintenance and spousal maintenance with the Child Support Agency for collection; »» the assessment of child support based on the income of the liable parent less an exempt amount (linked to the annual single rate pension); »» the collection of child support by means of d e d u c t i o n f ro m w a g e s , g a r n i s h e e i n g b a n k accounts and other coercive means to ensure that recalcitrant liable parents actually paid their child support.

T h e C S A A i n t ro d u c e d t h e n o t i o n o f a f o r m u l a assessment which had variables including the liable parent’s income, an exemption amount, and a child support percentage depending on the number of children that required support.

The Explanatory Memorandum to the 1988 Act stated that the objects of the scheme were to ensure that: »» parents share the cost of supporting their children according to their capacity to pay; »» there was adequate support available to children of separated parents; »» access to child support was to be simplified and provide for a quicker and more flexible method of obtaining and collecting child support.

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In a number of respects, the scheme introduced by the CSAA did make things easier. The Family Court’s jurisdiction was limited and obtaining child support became a far simpler process. However, there were a number of drawbacks including:

Other reforms included: »» changing income definitions so that it included things such as rental income losses, foreign income, and salary sacrifices; »» taking into account the liable parent’s other dependent children and making an allowance for this;

» » the formula was a fixed percentage and was not dependant on the level of care that each parent had for the children, for example, parents might have had a shared care routine (which might have been unusual for that time) but the liable parent was still required to pay a fixed percentage of their income (27%) to the other parent;

»» allowing a liable parent to earn a higher income for a period of time to allow them to re-establish themselves without being penalised; »» providing for a “self support allowance” which was linked to the male total average weekly e a r n i n g s ( M TAW E ) i n d e x . T h e s e l f s u p p o r t allowance was deducted from a liable parent’s income and then a child support income was calculated and used as part of the formula;

» » there was no consideration given to liable parents who had started new families and had other dependent children to care for; » » the enforcement measures were weak; if a parent had not lodged tax returns, it was difficult to properly determine a parent’s income;

»» new formulae were introduced for liable parents with multiple assessments for different families;

» » liable parents arranged their affairs so as to minimise their child support such as running businesses through companies or trusts in an attempt to minimise their income for child support purposes.

»» a costs of raising children table was introduced and provided for child support to be increased as children grew older and had more expenses; »» new criteria were introduced to enable parents to seek reassessments of child support or to lodge objections to child support decisions;

The big changes from 2006 – the current scheme As a result of the shared parental responsibility amendments made to the Family Law Act in 2006, the child support scheme was overhauled. After extensive consultation and a report by the Ministerial Taskforce on Child Support in 2005, fundamental changes were made to how child support assessments were to be calculated.

The main principles were to make the scheme more equitable given the issues referred to above. With the advent of shared parental responsibility and a legislative pathway that required the courts to consider making orders for equal time, recommendations were made about progressing to a cost sharing approach based on the time that children spent with each parent, calculated by reference to nights in care. This meant that both parents’ incomes were taken into consideration when calculating the assessment.

»» the jurisdiction of the Court was further limited and merits review of child support decisions was to be undertaken by an external body, the Social Security Appeals Tribunal (now part of the Administrative Appeals Tribunal); and »» enforceable child support agreements were introduced to allow for parents to make their own agreements about the payment of periodic (cash) child support and non-periodic child support such as school fees, medical and dental costs, and extra-curricular activities.

The costs sharing approach was designed to ensure that if a liable parent was having substantial time with the children, they were not penalised by having an arbitrary percentage of their income deducted and paid to the other parent.

You can find a detailed example of how the child support formula assessments work in practice on the Best Wilson Buckley website.

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TA X A N D R E A L I S AT I O N CO S T S I N PROPERTY SETTLEMENT N eal Wood, Assoc ia te

Family law and tax. On the face of it, yes, it’s a pretty dry topic. However, when it comes to your property settlement, not talking to your family lawyer and getting quality advice about the tax implications of your family law property settlement can make an incredibly big difference.

To be clear, family lawyers are not accountants or tax lawyers. That said, we are very good at identifying when you need to speak to them and the questions that you need to ask. You don’t have to do it alone and we can be with you every step of the way. We can meet with you and your accountant together so that you can discuss the options from both a family law and accounting perspective and make an informed decision about the best way forward.

In property settlements where investments, companies, trusts and self-managed super funds are involved, we regularly work together with your other advisors as part of crafting your case. Whether it is in the evidence gathering and valuation at the early stages or looking towards working out how to structure your agreement, your accountants and tax advisors have an important role to play.

A good example is when looking at whether realisation costs, including tax, should be taken into account as part of a property settlement.

By realisation costs, we are talking about things l i k e a g e n t ’s c o m m i s s i o n , m a r k e t i n g e x p e n s e s , conveyancing costs and bank fees associated with selling a property as part of dividing the asset pool.

From the tax side of things, we are generally talking about the capital gains tax that will be triggered following the sale of an asset acquired for investment purposes.

If there are companies or trusts involved, there may also be more complex issues that need to be dealt with in terms of the costs of transferring assets (such as motor vehicles or cash) out of the structure to one party, transferring loan accounts from one to the other and paying any extra tax that may be due as a result of structuring the settlement in a certain way.

The decided cases make it clear that when it comes to future tax and realisation costs, the individual facts and circumstances are very important. However, there are a few aspects that tend to have more general application.

Where the parties agree or a Court orders the sale of an asset or is satisfied that a sale of it is inevitable or would probably occur in the near future, or if the asset was acquired solely as an investment with a view to its sale for profit, then, generally, an allowance should be made for any realisation costs and tax payable upon such a sale. There are also other situations where a Court may be satisfied that there is a significant risk that the asset will have to be sold in the short to midterm or some other special circumstance where there needs to be some consideration given to that as part of working out the final outcome.

Why does all that matter? Well, in simple terms, in property settlement matters we are just as interested in the amount of the liabilities as we are in the value of the assets. Whether we are trying to negotiate your optimal outcome at mediation or seeking to persuade the Court, there are often genuine reasons for disagreement between lawyers and judges about whether a tax or realisation cost should be taken into account and how. By working with your accountant and other advisors we can help advise you about the best way to proceed, including the information and documents the other party or the Court will need to support that outcome. Get it right and generally you get a far better outcome.

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Ignore it, get poor legal advice or no advice at all and the consequences can be quite disastrous. There is nothing worse than signing off on what you thought was an amazing property settlement that you agreed which, a few months down the track, turns into a lot less than you thought.

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H O W TO H E L P M E H E L P YO U – U S E F U L T I P S F O R FA M I L Y L AW C L I E N T S Katherine Marshall, Senior Solic itor

We’re well aware that meeting a family lawyer isn’t on anyone’s bucket list and we’re okay with that.

As family lawyers, we are constantly looking for ways to help our clients traverse the difficult and challenging world of family law and here are some tips for when you find yourself having to meet one of us. These will assist you with a speedy resolution and to get the most out of your new family lawyer connection.

1. Make your expectations clear – Being upfront about what you expect from us and what you hope to get out of the relationship can only benefit you! It gives us a very clear idea of your wants and needs and helps us achieve your goals and outcomes.

2. Don’t be afraid to ask questions – Speak up if you do not understand a particular aspect of your matter. Confront us – we love it.

3. Keep listening…even though you may not like the advice. Sometimes our job is to provide you with advice you may not like to hear. Be assured that we are still on your side fighting for your best interests – providing you with advice you may not like is our job and this is what you pay us to do!

4. Be available – Your matter will progress much quicker and more smoothly if you are available for us to contact. After all, you are the client and we only act on your instructions.

5. Be understanding – Please be assured that if we do not respond to your email or telephone call straight away, we may be in a client meeting, mediation or possibly even in Court. We will get back to you as soon as we can.

6. Carefully consider your instructions – Please don’t feel any sort of pressure to make a snap decision about the direction of your matter. Take the time to carefully consider all the information and evidence. Phone a friend if you need to. We need you to provide us with carefully considered and informed instructions that you can live with.

7. Be proactive – We are not the only ones that can progress your matter – you can too. Find the documents we need you to find and talk to the people we need you to talk to. This will also save you both time and money.

By virtue of the process involved when separating from your partner, your lawyer naturally becomes significantly involved in your life. These simple strategies above can really help us to help you.

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JUST ONE BAD EGG - W H E N S U R R OG AC Y GOES WRONG A l eci a Connor, Assoc ia te

Altruistic surrogacy is often one of the most beautiful parts of our area of law.

However, it should be recognised that this is a fairly complex area of the law where not one but three different Acts, being the Surrogacy Act 2010 (Qld), Status of Children Act 1978 (Qld) and Family Law Act 1975 (Cth), and two different jurisdictions intersect, being both the state and federal jurisdictions.

There are many legal hoops that need to be jumped through in order to provide the intended parent with the greatest chance of being recognised as the parent of the child born as a result of a surrogacy arrangement.

The following may give you a better appreciation of the complexity of the situation: 1. The law recognises that the woman who gives birth to the child is the child’s mother, regardless of the genetic makeup of the child. Luckily that person is generally very easy to identify. It is a bit more tricky identifying who is recognised at law as the father (and that is a story for another article!).

2. In order for the intended parents to be recognised as parents under the Family Law Act, there needs to be a parentage order made in the Queensland Courts. Both the birth mother and the intended parents must agree in order for a parentage order to be made.

Unfortunately, in some cases, whilst the parties have the best of intentions at the outset, things change throughout the pregnancy, which sometimes result in their intentions at the time of the child’s birth being quite different. There is always a risk that once a child is born, the birth mother may choose not to relinquish the child to the intended parents and/or not to apply for the transfer of parentage to the intended parents.

Whilst heart-breaking for the intended parents (who sometimes have even supplied all of the child’s genetic material) the birth mother has this legal right.

There is still recourse for the intended parents in situations like this, in that they can apply to the Family Court for parenting orders, however this does not necessarily make them the parent of the child. Rather this gives them parental responsibility for the child (that is a different topic, for another day).

By and far, the majority of these arrangements occur without a hitch and result in enabling those who believed they may never be able to share in the joy of parenthood, to do just that. However, in a situation where there are real risks, it is crucial for anyone considering entering into these arrangements (either as the intended parent/s or the surrogate) to obtain realistic and comprehensive legal advice.

Whilst you cannot always control the future, your best preparation is knowledge and understanding when embarking on the journey.

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S E L F - M A N AG E D S U P E R A N D S U CC E S S I O N P L A N N I N G Jam es Ti ck l e, GT H + Super Solutions www.gthgroup.com.au When you think about the top five most stressful times in a person’s life, divorce and death would both be up there. And just as putting a prenuptial agreement in place prior to marriage can provide some certainty around what happens to your assets in the event of a divorce, a succession plan can put some certainty around what happens to your assets in the event of death (or incapacity or retirement).

However, just as specialist legal advice is required and the prenuptial agreement needs to be correctly drafted in order for it to have the desired effect, so too is it important to seek specialist accounting advice to ensure that your succession plan is appropriate for you and your situation.

A self-managed superannuation fund (SMSF) can be a highly effective and stable method for succession planning. However, there are a lot of misconceptions surrounding SMSFs in the event of a member’s death or incapacitation. Succession planning considerations within an SMSF are important decisions that all SMSF members should be undertaking with utmost care to ensure their intentions are upheld upon such events as incapacitation or death. These events hold untold stresses for those affected; more so without the correct structures and documentation in place to ensure intentions are clear and binding.

With due consideration and the implementation of appropriate structuring, SMSFs can be used as effective succession planning tools. These considerations may be in the form of a binding death benefit nomination, either a three year lapsing nomination or a nonlapsing nomination “hard wired” into the trust deed, a reversionary pension or another type of strategy.

Furthermore, an SMSF member’s enduring power of attorney and will are critical in determining who takes control of the SMSF. A member of an SMSF ceases to be an individual trustee or director of a corporate trustee in the event of legal disablement, such as incapacity or death. As such, an important consideration is who will be appointed to have control of the SMSF in one of these events.

One of the most common misunderstandings is the assumption that the member’s personal legal representative, or executor, will become trustee of the SMSF. In the cases Wooster v Morris and Ioppolo & Hesford v Conti, the executors were not automatically appointed or were unsuccessful in their case to be appointed as trustees. In Ioppolo & Hesford v Conti, the deceased member’s superannuation benefits were not paid to his intended recipients, rather other individuals who gained control of the SMSF and its benefits.

Binding death benefit nominations (BDBN), whether lapsing or non-lapsing, are vital to assist with the payment of a member’s death benefit, as these nominations bind the trustee to comply with the member’s directions. While instrumental in assuring a member’s wishes are established, there can be risks involved with making a BDBN. If a member becomes permanently incapacitated after making a three year lapsing nomination, there is a risk that the member will not be able to renew a nomination in the future.

Alternatively, if a member makes a non-lapsing binding nomination and he/she is permanently incapacitated, they may lose the ability to change that nomination if future circumstances change. An example of this is the case of Wooster v Morris, where the deceased SMSF member had a BDBN and the death benefits were paid to his second wife. However, when contested, the BDBN which nominated his adult children was upheld to be valid, after lengthy court proceedings with a price tag on excess of $300,000. A costly and trying situation for those involved, however this case shows that BDBNs are just that, binding, and thus a useful tool in the process of using an SMSF as a succession planning vehicle and in the assurance that benefits are paid in alignment with the member’s wishes.

While a self-managed superannuation fund can be an effective tool for succession planning, the above cases and circumstances bring to light the importance of quality, comprehensive and well-grounded advice.

It is imperative that advice is sought from a qualified advisor specialising in the area of superannuation.

James Tickle has 15 years’ experience working with self-managed superannuation funds, is an SMSF Specialist Advisor with the Self-Managed Super Fund Association, a Certified Practicing Accountant – CPA, and a Senior Associate at GTH Group +.

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M A D E L I N E DO W L I N G O f f i ce Ad mi n i s t rator Brisbane Q. What do you most look forward to in Autumn?

Q. What do you do in your spare time?

A. The cooler weather and the slowly receding humidity levels.

A. I read, and I like to cook. Not well, but we’re getting there. I also love spending time with family and friends.

Q. Number one on your bucket list?

A. It’s a cliché, but skydiving. A few friends and I are actually booked in to tick this one off shortly!

Q. Best event you have been to?

A. Friday night footy (that’s AFL!) at the MCG. I know I’ll get a few eye-rolls at this being from Queensland, but there’s nothing better.

Q. Favourite place to eat in Brisbane?

A.Everyone in the Brisbane office would think it’s Hanaichi, but you can’t beat a steak, chips and a beer at the Brekky Creek Hotel.

Q. Favourite holiday destination?

A. Our family’s 40 acres of bush in Wilkesdale, Queensland (about 30 minutes north-west of Kingaroy). I can’t think of a single friend or family member we have that hasn’t been up there for at least one long weekend with us.

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

A. A surgeon, and part of me still does live out that dream every time I watch an episode of Grey’s Anatomy. Maybe in another life.

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

A. My parents rebelled against the traditional Sunday roast and as soon as we were old enough it was (and still is) do-it-yourself homemade pizzas.

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

A. Too many – but one I’ve currently got on the go is A Little Life by Hanya Yanagihara (for the third time).

It’s the only book that’s ever been able to make me cry and a must read if you haven’t already.

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

A. Come On Eileen by Dexy’s Midnight Runners.

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LEANDRA HERBERTS O p e ra t i o n s M an ager Q. Number one on your bucket list?

Q. What do you do in your spare time?

A. I actually have a massive bucket list spanning the globe so it’s difficult to select a No. 1, but the next planned adventure is to Uluru.

A. I love spending time with my family and friends.

M o s t p a r t i c u l a r l y, d o i n g a c t i v i t i e s w i t h m y t w o grandchildren. Simple but effective in energising my internal solar panels.

Q. Best event you have been to?

A. There are two events that come to mind as being fantastically entertaining purely because I didn’t expect it. The Boy from Oz starring Hugh Jackman and a Robbie Williams concert. Both amazing entertainers.

The most fascinating experiences have been visiting a nuclear power facility and the aerospace institute (seeing a space shuttle being built) in South Korea.

Q. Favourite place to eat in Toowoomba?

A. Toowoomba’s selection of restaurants and cafes are amazing although I do love a Sunday brekky at Raw Energy.

Q. Favourite holiday destination?

A. Aside from regular visits to Caloundra where I grew up, I love to visit new destinations, taking unique experiences from each. Bali was my most recent holiday destination and white water rafting was by far a highlight adventure.

Q. Who was your childhood hero growing up?

A. The iconic Dawn Fraser who was an epic freestyle champion swimmer with a larrikin and bold Australian spirit.

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

A. Wonder Woman – I’m still growing into this one.

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

A. The infamous Sunday roast. Love this tradition.

Every Sunday my grandmother would cook a roast dinner and dessert and all of our extended family would be there, bringing along any friends that wished to join as well. Regardless of whether there were 20 or 30 people, there was always enough food.

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

A. I tend to listen to audio books rather than reading and I currently have Mel Robbins’ Five Second Rule and Daring Greatly by Brene Brown playing in my car.

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

A. A song that came up on Facebook again recently and reminds me not to take life too seriously ... The Muppet Show’s Mahna Mahna!

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THE BEST LAID PLANS … ARE P R E PA R E D B Y A FA M I L Y L AW Y E R L y n n A rm st rong, Senior Assoc iate & Accred i ted F amily Law Spec ialist

There are two options for settling arrangements for children – parenting plans and parenting orders.

The primary difference between a parenting order and a parenting plan is that an order is easier to enforce in most cases. If someone breaches an order, and the breach is significant enough, the other party is able to contravene them in the Court to seek remedy for the breach. This, in most cases, cannot happen for a strict agreement formalised only as a parenting plan.

While orders tend to remain the first choice for most solicitors, in most cases the parenting plan can be of definite assistance when an unexpected occasion raises its head, arrangements are needing to be changed, or where there may be urgency in formalising arrangements. It is also worth noting that once a minute of consent is signed by both parties, it probably will meet the requirements of a parenting plan, and may effectively be one until orders are made.

Whether you already have orders in place, or no formal agreement in writing, a parenting plan is often the first step. They can be used to formalise the everyday arrangements as well as those out of the ordinary.

Often a parenting plan of short timeframe will be drawn up if arrangements require a short term amendment. This is particularly so if there are orders in place, and parents are wishing to change the arrangement, so that the other parent can’t come back and say that they had acted in breach of an order.

These could be as simple as to change Christmas Day arrangements (say if one parent was wanting to go away with the children or was not available to spend the time that the orders provide). It is common for parents on occasion to switch years that the children are in their care and, to be protected (so that the children are able to spend time with the other parent the following year), it can be important that such an agreement is formalised.

The question that is often asked is, what does a subsequent parenting plan mean to a prior finalised order? The answer, as with everything in family law, is not particularly simple – it depends on the wording, timeframe and what the plan is trying to formalise.

If it was a simple change of Christmas Day time (for example) and it referred to the remainder of the order continuing, then that is all the agreement relates to.

If it seeks to discontinue the order, and is signed and complies with all requirements, it may do just that.

Parenting plans, while a good method of formalising change, can have a significant legal impact on your matter. It is for this reason that it is very important that they are not signed unless you have obtained legal advice on the force and effect of the plan, and its impact on previous orders.

By way of example, many years ago a very unhappy parent came to see me who had signed a parenting plan (while unrepresented and without legal advice) to simply get time recommencing after it had been, in his view, unceremoniously stopped by his former partner. This person then found that his prior consent orders, which provided him with a lot of time, had been discharged by the parenting plan, and all of his time had been stopped. He wanted to contravene the former partner, but that was unable to happen as the parenting plan effectively provided an excuse for the cessation of time. This is one of the reasons that it is so important that advice is provided prior to the signing of a parenting plan or any legal document by a family lawyer or someone practised in this area of the law.

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On the other side of the coin, there are plenty of recovery orders and the like that have been made

by Courts on the basis of a parenting plan which had previously been made. The Family Law Act provides that the Court is required to take strong account of parenting plans, and they can be very helpful.

For an agreement that is signed to be classed as a parenting plan, there are requirements that need to be met. It must be in writing, signed by each person (preferably on each page) and dated. It is always a good idea for each party to have a copy so that they can refer back to it. Usually, unless specifically referred to, a later parenting plan will discharge an earlier plan.

 

The takeaway from this is that parents seeking to formalise parenting arrangements will benefit from seeking professional advice.

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CHEESY BREAD N eal Wood, Assoc iate

Ingredients Bread

Savoury filling

About 4 cups of strong baker’s flour

1 whole head of garlic, peeled and finely minced

1 tbsp dried baker’s yeast

50g butter

350 – 400 ml of warm water

Bunch of chives, finely chopped

2 tbsp sugar

About 250g tasty cheese, grated

100ml good olive oil Good pinch of salt

Method 1. In a small bowl combine the water, sugar and yeast. Stir and allow to stand in a warm place for about 15 minutes until it is foamy.

6. Meanwhile, cook butter and garlic over a very low heat for about 5 – 10 minutes until the garlic is softened but not browned.

2. In a large bowl combine the flour and salt. Using a butter knife or finger tips rub the oil into the flour until incorporated.

7. Roll the dough out to a rectangle about 60cm long and 30cm wide and about 1cm thick.

3. Make a well in the centre and gradually add the yeast mixture working in a circular motion with a knife or hands until the yeast is incorporated into the flour and the mix comes together to form a soft and slightly sticky dough. All flours are a little bit different so add more warm water or a little more flour as necessary.

4. Turn out onto a floured board and knead for at least 10 minutes. Place the dough in a large bowl with a little oil to limit it sticking and cover with a tea towel. Leave in a warm place for 1 – 2 hours until the dough has doubled in size.

8. Spread the dough evenly with the garlic mixture and then cover with grated cheese and chives, leaving about a 2cm gap around each side.

9. Starting at the longest side, roll up into a long sausage shape. Using a sharp knife, cut slices into the dough three-quarters of the way through and about 3cm apart. Shape into a ring, brush with olive oil. Allow to rise on tray until almost doubled in size.

10. B a k e i n o v e n a t a b o u t 2 2 0 d e g r e e s f o r 20 minutes until golden brown. Cool on a wire rack.

5. Knock down the dough, turn out onto a floured board and knead again for 2 or 3 minutes. Rest for 20 minutes.

This is a Toowoomba office favourite!

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BENEFITS OF EXERCISE AND WELLBEING Sh an ee L aw ren ce, F 45 Training, Ipswic h Central www. f45 tra ining.com.a u

People embark on, and then hopefully continue with, an exercise program for a multitude of reasons.

As a fitness professional there is nothing better than helping someone get started on their journey and then being there to nurture it while it unfolds in front of you!

The benefits of exercise are vast - improved heart health, prevention or eradication of disease, increased strength and, in turn, improved joint health and bone health. As we age, it is incredibly important to have healthy bones and muscle on our bodies. The small things become big things as we age. Things like balance, coordination, mental capacity and agility are all very important as we grow old.

High intensity interval training (HIIT) works to improve your aerobic capacity and increase your metabolism.

The high energy output and short duration recovery involved with HIIT means it is effective for achieving fat loss with the added benefits of increased fitness.

WIN!

Along with the physical benefits of exercise come the wellness aspects of exercise - improved mental health, better sleep, enhanced quality of life, healthy mindset.

A healthy mindset makes your success limitless. It is very simple really - you say “you can” versus you say “you can’t” - two very powerful statements, both with very powerful and different outcomes. One positive, one negative.

No matter what your specific goal, incorporating a mix of HIIT and resistance training sessions into a weekly training regime will give you maximum results.

So empower yourself and go out and find a studio where you feel comfortable whatever your fitness level, shape, size and age.

Resistance training is often neglected but is so very important for building lean muscle on our body. The benefits of resistance training (the use of a range of weights) include improved muscle strength and tone which also helps protect the joints from injury.

Increased muscle to fat ratio helps your body burn more kilojoules when at rest.

We will see you in the studio soon!

Shanee Lawrenc e is a n o w ner a t F 4 5 Tr a ini n g, I ps w i c h Ce n tr a l , w h i c h o ff e rs H I I T s e s s i o n s o n Mo n day s , Wednesday s an d F r id a ys, resist a nc e t r a ining s e s s i o n s o n Tu e s da y s a n d T h u r s da y s ( o r a h y br i d o f bot h on Sa t urd a ys) a nd p ro vid es c o m pl i m e n t a ry s e v e n da y m e m be r s h i ps f o r l o c a l s .

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“You are only as strong as you think you are – so don’t stop believing and trusting in yourself”.

Max Sutton

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BEST WILSON BUCKLEY R E COG N I S E D A S L E A D I N G FA M I L Y L AW Y E R S Jen n i fer R yder, Gene ra l Mana ger

The independent Doyle’s Guide has released its 2018 list of leading family and divorce lawyers, naming Best Wilson Buckley Family Law as a Top Tier firm in Toowoomba, Darling Downs and Western Queensland.

This is the third consecutive year that Best Wilson Buckley has been recognised.

Our Kara Best, Legal Practice Director and Accredited Family Law Specialist, and Reagan Wilson, Toowoomba Legal Partner, were named as two of only three P re e m i n e n t F a m i l y L a w y e r s i n t h e To o w o o m b a , Darling Downs and Western Queensland region. Lynn Armstrong, Senior Associate and Accredited Family Law Specialist, was also recognised as a Recommended Family Lawyer in the same region.

Ipswich Legal Partner and Accredited Family Law Specialist Amity Anderson was named as a Family Law Rising Star in Queensland.

Doyle’s Guide is an independent organisation that conducts Australia’s most comprehensive review of the legal industry. Each year, Doyle’s Guide surveys clients, colleagues and industry bodies to rate law firms, lawyers and barristers.

The 2018 listing of leading Toowoomba, Darling Downs & Western Queensland family and divorce lawyers includes solicitors practising within the areas of family law, matrimonial, parenting, property and spousal maintenance matters in the Queensland legal market who have been identified by their peers for their expertise and abilities in these areas.

O u r te a m i s i n credi b l y h umble d by this re cognition and we tha nk our cl i en t s an d co lleague s for the ir gene rosity.

Issue Seven

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C R O S S R OA D S

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bwbfamilylaw.com.au

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