Best Wilson Buckley CrossRoads Magazine - Issue 10

crossroads Issue Ten

2 01 9

Published by Best Wilson Buckley Family Law

T H E CO N T E N T S W H AT 17 Y E A R S A S A FA M I L Y L AW Y E R H A S TAU G H T M E .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Kara Best, Legal Practice Director & Accredited Family Law Specialist l Best Wilson Buckley Family Law

P R E - N U P S A N D P O S T - N U P S – W H AT ’ S W H AT ?.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Kiara Greenway, Solicitor l Best Wilson Buckley Family Law

H U M M U S R E C I P E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Andrew McCormack, Senior Associate & Accredited Family Law Specialist l Best Wilson Buckley Family Law

P R AC T I C A L PA R E N T I N G M AT T E R S TO CO N S I D E R O N S E PA R AT I O N .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Carla Franchina, Senior Solicitor, l Best Wilson Buckley Family Law

L U K E S T E E L | L E G A L PA R T N E R . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 J O Y A N D R E W S | A D M I N I S T R AT I O N A S S I S TA N T .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 J U D I C I A L M E D I AT I O N – A N E W D E V E L O P M E N T .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Zoe Adams, Senior Associate l Best Wilson Buckley Family Law

H OW M I G H T D I V O R C E A F F E C T I N S U R A N C E CO V E R ? .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Jacob Moss l Robertson Scannell

C H A N G I N G N A M E S – W H E N , H O W A N D W H Y ?.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Max Sutton, Solicitor l Best Wilson Buckley Family Law

CO R R E C T I N G CO M M O N M I S CO N C E P T I O N S A B O U T CO U R T .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Alecia Connor, Associate l Best Wilson Buckley Family Law

W H Y I DO W H AT I DO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Max Sutton, Solicitor l Best Wilson Buckley Family Law

DO M E S T I C V I O L E N C E - W H E R E TO S E E K H E L P.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1 Kiara Greenway, Solicitor l Best Wilson Buckley Family Law

R E F L E C T I O N S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Neal Wood, Senior Associate l Best Wilson Buckley Family Law

I N T H E I R W O R D S … H E AT H E R ’ S S TO R Y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 D E C I D I N G W H E T H E R YO U S H O U L D H E L P W I T H S U P E R V I S I O N ? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Legal Aid Queensland

KATIE AVERY | SUPPORT PARALEGAL & ADMINISTRATION ASSISTANT.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 9 JESS KILNER | PARALEGAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 S A M E B U T D I F F E R E N T – W H Y YO U R P R O P E R T Y S E T T L E M E N T M AT T E R I S D I F F E R E N T . . . 3 1 Andrew McCormack, Senior Associate & Accredited Family Law Specialist l Best Wilson Buckley Family Law

C R O S S W O R D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 W H E N T H E L AW CO L L I D E S W I T H M O R A L S – W H AT I S “ N O FAU L T ” D I V O R C E ?.. . . . . . . . . . . . . . . . . . 35 Amity Anderson, Legal Partner & Accredited Family Law Specialist l Best Wilson Buckley Family Law

U N P L A N N E D A D V E N T U R E S ! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Scott Patterson l Succession+

AU T U M N S A L A D R E C I P E .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 www.taste.com.au

A RENEWED SENSE OF POSSIBILITY .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Jennifer Ryder, General Manager l Best Wilson Buckley Family Law

(07) 4639 0000 - Toowoomba

(07) 3210 0281 - Brisbane

PO Box 3701, Toowoomba QLD 4350

PO Box 1735, Brisbane QLD 4001

135 Margaret Street, Toowoomba QLD 4350

Level 5, 190 Edward Street, Brisbane QLD 4000

(07) 3812 1392 - Ipswich

(07) 3490 1390 - North Lakes

PO Box 840, Ipswich QLD 4305

PO Box 1207, North Lakes QLD 4509

205 Brisbane Street, Ipswich QLD 4305

107/1642 Anzac Avenue, North Lakes QLD 4509

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

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W H AT 17 Y E A R S A S A FA M I L Y L AW Y E R H A S TAU G H T M E Ka ra B e st, L e g a l P ract i ce Di rector & Acc re dited F a mily Law Spec ialist

In December last year I celebrated the 17th anniversary of my admission to practice and my tenth year of practice as a solicitor in my local community of Toowoomba. We have also entered a new period of growth and transition within Best Wilson Buckley in our tenth year – so it is a beautiful time to reflect. When I started university at 17, I thought I had life worked out – everything was very black and white. Now, 17 years into my legal practice, I can say that life and legal practice have distinctly grey areas. Seventeen years after commencing my career, I still have the same desire, passion and energy for those magic moments where my knowledge and understanding of the post-separation legal environment can tangibly make one of my clients feel stronger and more positive. As humans we all strive for connection at the end of the day. I really like that feeling when a client leaves our first meeting and their relief is tangible. The other thing I love about this job is fixing a problem, or resolving a dispute. I genuinely like working with the majority of lawyers that I come into contact with. I work with many insightful and competent lawyers whom are equally focused on positive outcomes for both parties (and by implication their kids) but don’t sacrifice what it is to be a passionate advocate for their client’s needs. Reaching an agreement that works for both parties is hard work – much harder than litigating and acting without conscience to create even greater conflict between a child’s parents. So, reflecting on this, what do I wish I’d appreciated in December 2001 in the way that I do now? 1. Very few of us set out into a new relationship with a view to breaking up. Relationships break d o w n f o r a m y r i a d o f re a s o n s b u t , i n m o s t instances, it comes down to a couple who stopped connecting, communicating and striving to understand each other.

2. We love our kids – and again, in most instances, it’s really hard to be told that you’re not going to be able to be with them every day. The response is normally grief, and that takes time to work through. 3. Two loving parents can have two very different, but very genuine, views as to what is best for their kids in terms of how they spend their time. 4. The damage that we do to each other prior to, or around, separation can have implications for years to come. 5. Carrying anger, bitterness and grief beyond a reasonable period of transition and healing can make you emotionally and physically sick and compromise your parenting. 6. There is an abundance of research that proves that it’s not your mum and dad separating that causes you damage as a child – it’s being exposed to parental conflict and all that goes with that. 7. You need to learn a new way to communicate after separation, a way of drawing boundaries, exhibiting respect and supporting each other – and it’s hard to do and takes time. 8. The best thing that extended family members can do is strive for that balance between supporting their sister, brother, daughter, son etc but not aligning with them against a former spouse. 9. The Court will let both litigants and lawyers down – not because judges and Court staff don’t have the best of intentions, but because the system is politically compromised, broken, burdened, underresourced and lacking consistent direction. 10. I’ve never observed a client to endure a Court process, including a long final hearing, delay to judgment, and potentially appeal, with the many months, legal costs and life in limbo and feel all that kindly towards their lawyer (or anyone else) at the end.

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11. The lawyers who adopt a bulldog aggressive attitude to this area of practice don’t succeed – it weathers them personally, the Court responds to them in a negative way and they’re not supported or often even trusted by their colleagues in practice. 12. Whilst I can have the best of intentions and try really hard, the nature of a couple’s conflict and/ or the issues or personalities involved might mean that I can’t keep it on an amicable, collaborative pathway – and I need to be able to litigate and deal with the hostility that will often be misplaced and personally directed towards me. 13. What I do has very little to do with the law, and more to do with giving my clients, and their former spouses, a vision for what can be possible moving forward and reminding them of it at regular intervals whilst effecting a legal solution.

14. As a professional I need to leave judgment at the door – the experience of pain, fear and anger and what prompts these emotions is relative and, whilst I might not have the same reaction, it’s important to acknowledge and respect the response of both my client and their former partner. 15. Nobody wins in this area of law – and any lawyer who suggests otherwise is not the lawyer you need. 16. The truly admirable, respected and effective family law practitioners have a capacity to practise compassionate honesty with a vulnerable client, they have the ability to advocate and create an environment in negotiation which is conducive to quickly getting the agreement that your client needs, and they have the trust of their colleagues – that brings power to negotiation.

My list will continue to grow as time goes on, and perhaps that is learning number 17. There is something to learn with every new client and that is one of the reasons why it’s a privilege to work with a client going through possibly one of their worst experiences.

It’s not smooth, it’s often very challenging and takes a personal toll, but every cloud has a silver lining and, in this work, if you let yourself, you forge relationships with clients and colleagues that very few other areas of legal practice allow. BEST WILSON BUCKLEY

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PRE-NUPS AND POST-NUPS – W H AT ’ S W H AT ? K i ara G reenway, Solic itor

Going through a property settlement can sometimes feel like a long, enduring struggle through the Amazon Jungle. There are obstacles, there are moments that will test you, there are moments that will encourage you. But there’s also the moment when it all comes to a triumphant end … where you emerge from it all to see the light at the end of the tunnel (or the jungle in this analogy). One of the things that can be somewhat reassuring is that you’re not the first, and you certainly won’t be the last, to go through this process. Even big wigs, like the CEO of Amazon, Jeff Bezo, or the (former) face of the Today show, Karl Stefanovic, have unfortunately experienced the complexities and turbulence of a property settlement. Situations where there are enormous property pools, like the Bezos and the Stefanovics, open the door to a number of questions with respect to pre-nuptial agreements – the who, the why (or why not in this case), and the what. What happens when there is one versus when there isn’t? Pre-nuptial agreements In a family law context, a pre-nup, formally referred to as a section 90B agreement in the family law arena, is an agreement that couples can enter before marriage which effectively determines how the property they own will be divided in the event they separate. Some consider a pre-nup as a way to “protect” themselves and their assets. Pre-nups can, however, be extremely controversial and have emerged as a highly contentious issue in family law. In considering situations where there is a lot at stake, it may be the case that there was no pre-nup. It begs the question - but why? - particularly given the extremely significant value of the current property pool. The thing is, at the start of a relationship, the value of the property pool can be somewhat minimal. Businesses may not have been established, and star personalities may not have even started their rise to fame. So, put simply, there may not be a multi-billion dollar property pool to protect.

Turn the tables for a moment. Say, for example, a business had been established and was thriving prior to the parties’ marriage. Or, the star was leading the way on the big and/or the small screen. This would absolutely be a situation that would warrant the consideration of a pre-nup in order to provide a level of protection to those parties in the event of a separation. Post-nuptial agreements Turning to the situation where we consider the division of a monumental property pool in the absence of a pre-nup. Sometimes, the parties manage to reach an amicable post-nup agreement – particularly where there is more than enough to go around! In a family law context, there may be two aspects to a post-nup agreement: 1. division of property – the parties divide all of the assets, liabilities and financial resources (such as superannuation) between them. This may enable the party who established the now multi-billion dollar business to retain this in their share of their property settlement; and 2. spousal maintenance – where one party earns a significant income and has a surplus between their income and reasonable expenses, and conversely the other party incurs a deficit between their income and reasonable circumstances, it may be appropriate for the party with the surplus to make an ongoing contribution to the other party. This would likely be considered where parties may be income rich, however, do not hold assets of significant value or where, rather than dividing a thriving company, a party receives an ongoing payment from the party who retains the company. This amount would likely depend upon the performance of the company. It is important to recognise that in Australian law, spousal maintenance is only payable for a certain period of time. It is not in place forever.

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In Australian family law, the parties can formalise their agreement by entering into either: 1. a binding financial agreement (BFA), formally referred to as a section 90C agreement. Each party is required to have legal representation prior to entering into a BFA. It is imperative that each party receives adequate and thorough legal advice about the terms and effect of the BFA.

2. consent orders, which are filed with the Court. There are two documents required when entering into consent orders: an application for consent orders and the consent orders themselves. The application provides significant details with respect to the parties, the property being divided, the basis upon which the agreement has been reached, and why the agreement is fair to both parties. The consent orders effectively provide the terms, conditions and process for implementing the agreement reached.

It is imperative to seek advice from a specialist family lawyer if a pre-nup or post-nup is something you are considering.  

 

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HUMMUS A n drew McCormac k, S en i or A ss oci ate & Acc redited F a mily Law Spec ialist

This is a variation on a recipe taught to our Andrew McCormack in a cooking class many years ago and which he generously makes for special occasions in the office!

Ingredients 2 cans of organic chickpeas (drained and rinsed)

1 teaspoon sumac

½ cup tahini (ground sesame paste)

2 tablespoons smoked paprika

4 – 6 cloves of garlic (depending on your taste)

Either kosher salt or smoked salt (to taste)

Juice of 2 lemons (or more for extra tang)

Extra virgin olive oil (must be good quality)

3 tablespoons cumin

Method 1. In a Thermomix or food processor, grind chickpeas to resemble breadcrumbs.

4. Add extra virgin olive oil in a continuous stream until the mixture becomes creamy.

2. Add tahini, garlic, lemon juice, spices and salt.

5. Garnish with sumac and a drizzle of olive oil.

3. Grind / blitz until the mixture becomes a smooth paste.

6. Serve with toasted pita.

For best results, leave to mature in the fridge for 2 – 3 days so that the flavours intensify.

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P R AC T I C A L PA R E N T I N G M AT T E R S TO CO N S I D E R O N S E PA R AT I O N Carl a Franc hina, Senior Solic itor

It goes without saying that the breakdown of a relationship is a significant event. You may need to think about how you are going to move forward financially, or what arrangements you and your former partner are going to put in place for your children. Navigating a separation can be a difficult task, but there are a number of practical things to consider and steps you can take at the outset of separation to make navigating that initial period a little bit easier. In the previous edition of Crossroads, we offered some practical financial questions to consider immediately upon separation. In this article we will provide you with some things to consider and practical tips regarding your parenting issues at separation. 1. Consider reaching out to others for emotional support. For you this might mean support from friends or family, or you might prefer to speak with someone who is independent from you and your relationship, such as a counsellor. You may seek a referral from your GP or contact a counselling service directly. You can also determine the focus of your counselling, whether that be on assisting you to co-parent effectively, supporting you as an individual or providing you with greater tools to support your children. 2. Establish with your former spouse how you will communicate about your children after s e p a r a t i o n . U n d e r s t a n d a b l y, e m o t i o n s m a y be running high at this time, so it might be appropriate to limit direct verbal communication and stick to written communication for the time being. It can assist to set clear boundaries around communication from the outset. 3. Shield your children from the adult conflict. Do not speak badly of the other parent to or in front of your children, and do not discuss with them adult issues. It is also very important not to lean on your children for emotional support. Research shows that a child’s exposure to conflict between their caregivers can have long-lasting harmful effects on them.

4. Consider if someone will move out of the home and, if so, who. This will necessarily involve a consideration of what care arrangements you will put in place for your children, that is, who your children will remain living with, the time they will spend with the other parent and, if necessary, how to preserve your and your children’s safety. 5. If you are leaving the home, consider what you need to take with you. In addition to personal everyday items, you may need to consider what you need by way of furniture, appliances, things for your children and any other items of personal value to you. You should also take with you any important documents, such as your and your children’s passports, birth certificates, health care cards, and things like bank statements and financial records. 6. Let your children’s school/s know about your separation. You might notify their teachers, the principal and the school counsellor. Your child’s teachers can play a supportive role during this period of transition, and may be best placed to monitor your child’s adjustment and behaviour outside of the family home. 7. Notify Centrelink and the Child Support Agency about your change of circumstances. You may be entitled to a pension or other income support payment while you are a young child’s main carer and/or receive a low income. You might also be entitled to the receipt of, or be liable for the payment of, child support. 8. Seek legal advice. If you are struggling to deal with these preliminary issues, or would like to discuss what separation means for you and your family, there is assistance available. By obtaining an initial understanding of the law relating to family disputes, you will have a better understanding of your legal rights and responsibilities and how best to navigate the waters of separation for you and your family.

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LUKE STEEL L e g a l P a r tn er Brisbane

Q. Why family law?

Q. Favourite holiday destination?

A . A f r i e n d o f m y f a t h e r re c o m m e n d e d i t a s a meaningful vocation. I was also keen on criminal law and did a bit of that early on. Before I became a lawyer I worked in a number of different jobs including as a labourer and a concreter. I taught English in Japan for a couple of years.

A. O’Reilly’s in the Lamington National Park. My wife and I have been going there since before the kids were born and now we go at least a few times a year with the kids. I love the rainforest and the tranquillity of the place.

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

Q. Who was your childhood hero growing up?

A. Cooler weather. Watching my kids play Aussie rules. Watching the Brisbane Lions, Qld Reds, the South Sydney Rabbitohs and the US Masters.

A. Wally Lewis. That dates me. He remains my hero. I started going to Lang Park at the same time he was coming through. He could do anything on the footy field.

Q. Number one on your bucket list?

Q. What do you do in your spare time?

A. I would like to ride an electric bike across Europe one day.

A. Spend time with my wife and kids. I also like to go fishing and play golf, watch sport and read spy novel type stuff.

Q. Best event you have been to? A. Hoodoo Gurus at the Mansfield Tavern. A long time ago. It was awesome. Q. Favourite place to eat in Brisbane? A. German Club. Good place to go for dinner before the football or cricket at the Gabba. Always a top atmosphere and prices OK. Probably not a great spot if you are vegetarian!

Q. What did you think you were going to be when you grew up? A. A professional golfer. I was seriously deluded. Q. What book is on the bedside table right now? A. John Le Carre - The Constant Gardener. Q. What song always makes you happy when you hear it? A. The song they play on the trumpet before each horse race.

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JOY ANDREWS Ad mi n i s t rat i on A ss i st an t North Lakes

Q. Why family law?

Q. Who would be your ultimate five dinner guests?

A. I’ve worked in family law for many years, which has established in me an empathic heart for people going through difficult and emotional times in their lives. I feel I bring to the job sensitivity and maturity, with a little bit of humour thrown in.

A. Julia Roberts (love her smile), James Cordon (love his heart and his humour/talent), Geoffrey Robertson (human rights barrister and author in the UK - I heard him give a speech at my daughter’s uni graduation and he was such an interesting and intelligent man), Ellen DeGeneres (love her heart) and Liam Neeson (so interesting). A great mix of personalities.

Q. What do you most look forward to in autumn? A. I look forward to walking my dogs in the cooler w e a t h e r, t h e b e a u t i f u l c o l o u r s o f a u t u m n a n d refreshing Saturday evening barbeques/dinners with friends. Q. Number one on your bucket list? A. My husband and I would love to spend a year in the UK, exploring all the history, the beautiful countryside and meeting interesting and unique people along the way. Q. Best event you have been to? A. Very difficult to say. I love going to musicals. The dancing is always incredible. Mamma Mia was lots of fun. Q. Favourite place to eat around North Lakes? A. The Rustic Olive at Redcliffe. They have the best olive bread, amongst lots of other delicious food. Q. Favourite holiday destination? A. United Kingdom. Q. Who was your childhood hero growing up? A. My hero was always my dad. He was a strong and honest man.

Q. How do you unwind? What do you do in your spare time? A. I unwind by lazing around in the pool or watching ridiculous TV shows. In my spare time I really enjoy going for drives and discovering new places, and having family and friends over for a swim and bbq. Also love dining out, preferably Italian or Thai restaurants. Q. What did you think you were going to be when you grew up? A. I had no idea! I was always happy being a kid and not thinking about being a grown up! Q. What did you have for Sunday dinner growing up? A. Mostly had salad and chicken. The roast meal was a Saturday night family event for us. Q. What book is on the bedside table right now? A. Four Fires by Bryce Courtney. Q. What song always makes you happy when you hear it? A. Y.M.C.A.!

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J U D I C I A L M E D I AT I O N – A NEW DEVELOPMENT Z oe Adams, Se nior Assoc iate

A number of new developments in the Family Court system were introduced as of 1 January 2019 and in this, the first issue of Crossroads for 2019, we take the opportunity to consider Practice Direction 1 of 2019 issued by the Federal Circuit Court regarding judicial mediation. What is judicial mediation? Mediation is a structured negotiation process in which an independent person, known as a mediator, assists the parties to identify and assess options and negotiate an agreement to resolve their dispute. In the case of judicial mediation, the mediator is a judge and their role is to assist parties in negotiating an agreement. This is a significant departure from a judge’s usual role, which is typically to impose a decision on the parties. Why was it introduced? The purpose of introducing judicial mediations is to enable the Court to resolve disputes in the most efficient manner possible. At the time the Practice Direction was issued, it was made clear that judicial mediation is not intended to be a substitute for private mediation, and it is expected that practitioners and parties will exhaust mediation alternatives prior to judicial mediation. Criteria for judicial mediation The Practice Direction sets out the matters that are to be taken into account when the Court is requested to consider a judicial mediation. The relevant factors to be taken into account are: 1. whether both parties are legally represented; 2. if one or both parties are self-represented, whether the judge considers the matter to be suitable for judicial mediation; 3. where the dispute relates to property; 4. if it is a parenting dispute, and there is no allegation of serious risk and/or family violence; 5. “appropriate” child support matters; 6. whether there has been compliance with orders for a prior private mediation which has been unsuccessful;

7. whether the Court considers there is a risk that the costs and time of a trial is disproportionate to the subject matter of the dispute;

8. any other matters identified as suitable by the judge. When will judicial mediation occur? In the event a party to Federal Circuit Court proceedings wishes to have a judicial mediation, they may make an oral application in Court or, alternatively, make a request in writing to the judge’s chambers – after appropriate notice has been provided to all other parties in the proceedings. At the time of making an application, the Court requests that a bullet point format summary is provided addressing the criteria as outlined above. If you are a party to Federal Circuit Court proceedings, and the opposing party requested a judicial mediation be considered by the Court, you will have 14 days to consent to the proposed judicial mediation or, alternatively, if you oppose judicial mediation you are to provide a brief summary in bullet point format as to why the matter is not suitable. This opposition should again address the criteria for suitability as outlined above. If the application for judicial mediation is opposed, there will be an oral hearing of the application. Who conducts the judicial mediation? The mediator will be a judge of the Federal Circuit Court, however will not be the judge whom the matter has been listed before previously in the proceedings. That is, a judge who conducts a judicial mediation cannot have previously heard the matter and they cannot determine the matter at a final trial in the event the matter does not resolve at the judicial mediation.

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Preparation for judicial mediation

What happens on the day of judicial mediation?

In the event a judge makes orders directing parties attend at judicial mediation, ancillary directions will also be made in relation to preparation and attendance. In property disputes, the Court requires a significant amount of preparation to be conducted prior to the judicial mediation, including the following matters:

On the day of the judicial mediation, the general rule is that parties and their legal representatives must personally attend. Participation by video link or telephone will only be permitted in exceptional circumstances.

»» a list of all relevant applications and Court documents filed in the proceedings be provided to the judicial mediator; »» a balance sheet of agreed and disputed assets and liabilities be prepared; »» a case summary document be prepared addressing the relevant factors under the Family Law Act, being section 79 and section 75(2) in respect of matrimonial property settlement and section 90SM and 90SF(2) in respect of de facto property settlement matters; »» a Court book be prepared indexing all relevant discovered or subpoenaed documents (which is to be paginated); »» any valuations obtained are copied and provided to the judicial mediator; »» confirmation be provided that a superannuation trustee has been afforded procedural fairness in the event a superannuation splitting order is sought; »» a draft minute of proposed order be prepared. In respect of parenting disputes, the following preparation is expected:

The judge appointed to conduct the judicial mediation will have discretion in relation to the style and practice of the mediation and the only rule that will otherwise apply is that the mediator cannot, without the express approval of all parties to the mediation: a. meet individually with a party and relevant legal representatives; b. disclose information provided to a party in a separate session to the other party. As is the case with private mediations, the judicial mediation will be confidential and any documentation provided to the mediator will be returned to the parties or destroyed. Time will tell … This is a new development for practitioners and parties in the Brisbane registry in particular, although our colleagues in other registries throughout Australia have sitting judges who have been conducting judicial mediations. The prospect of judicial mediation is welcomed and embraced as an option available to parties in Federal Circuit Court proceedings as yet another means of alternative dispute resolution; and a means of exhausting all settlement opportunities before seeking that a judge determine parties’ disputes.

»» a list of all relevant Court documents filed in the proceedings; »» a case summary addressing the relevant factors under section 60CC; »» copies of any family reports, psychiatric and risk assessments are made available to the Court; »» a C o u r t b o o k o f a l l re l e v a n t d i s c o v e re d o r subpoenaed documents is indexed and paginated; »» a draft minute of proposed order is prepared; »» a copy of any intervention (domestic violence and family violence) orders that are in place are available.

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HOW MIGHT DIVORCE AFFECT I N S U R A N C E COV E R ? Jacob M oss, Robertson Scannell www.rob er tson-scannell.com.a u

More than 45,000 Australian couples divorce each year, and almost half of those divorces involve children under the age of 18. Thousands of de facto relationships will also come to an end. Regardless of the type of relationship, it is a time of great emotional stress. This stress is intensified by the need to negotiate financial settlements and, with the focus on immediate needs such as funding new living arrangements and paying day-to-day expenses, it can be difficult to think about less pressing financial issues, such as insurance. There are, however, good reasons why personal insurances should be attended to as early as possible.

Check your priorities I f y o u a re o f w o r k i n g a g e , y o u r m o s t v a l u a b l e asset is likely to be your ability to earn an income. Safeguarding this via income protection insurance should be a high priority.

Ask for support

If you have financial dependents (usually children), life insurance should also be a high priority. This pays a lump sum upon death that can be used to pay off debts and provide for future living expenses. If, postdivorce, you don’t have any dependents, you may not need this type of cover.

First of all, ask for support. Stress and good decisionmaking rarely go hand in hand. If you have a trusted friend or family member who can help you take an objective view of your situation, ask for their help and support through the process.

Total and permanent disability insurance pays a lump sum if you meet the policy definition of being totally and permanently disabled. It should be considered, whether or not you have dependents. It is often bundled with life insurance.

Early on, take professional advice. A financial planner can guide you through many of the financial aspects of divorce, including insurance. It is crucial that you and your loved ones remain properly covered at all times.

The other personal insurance to consider is trauma insurance. This pays a lump sum if you develop one of the medical conditions specified in the policy. It is designed to help with medical and recovery costs.

Review beneficiaries

Strike a balance

Check who is listed as the beneficiaries on your current life insurance policies. Don’t forget to check if you have life insurance via your superannuation fund. Change your nominated beneficiaries if necessary. One option is to direct that any death benefit be paid to your estate. It will then be dealt with under your Will. That said, remember to update your Will too.

W h i l e i n s u r a n c e p re m i u m s a d d t o t h e f i n a n c i a l stresses associated with relationship breakdown, the consequences of not being properly insured don’t bear thinking about. Your adviser can help you work out a balance between effective cover and affordability. Knowing you have the right insurance in place to protect yourself and your dependents means there’s one less thing to worry about, so insurance should be dealt with in the early days of divorce or separation. Your adviser can guide you through.

Jacob Moss is a Wealth Advisor with Robertson Scannell Accountants and Financial Planners in Toowoomba. He is an Authorised Representative of Count Financial Limited and specialises in superannuation, personal insurance and business insurance.

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CHANGING NAMES - W H E N , H OW A N D W H Y ? M ax Sutton, Solic itor

Changing your name, whether it is your first name, surname, or even your whole name, is a deeply personal decision. You can do this by yourself once you reach the age of majority and is simply done by applying to the relevant Registry of Births, Deaths and Marriages in your state or territory. In Queensland, this is the Queensland Registry of Births, Deaths and Marriages (QRBDM). However, there may come a time when you find yourself having to change your child’s name. This can be a little more tricky and, if necessary, requires the Court’s authority. Why would I apply to have my child’s name changed? There are a multitude of reasons as to why you may find yourself in this position. Of significance, your child may be asking you why they have a surname different to yours, saying that they want to share your surname, or even saying they do not identify with the name they have. In these circumstances, it is critical to ensure that your child knows what they want and the implications of changing their name. What makes this difficult is that you, as a parent, must make a decision that is in your child’s best interests and, in doing so, understand that a change of name is for your child’s benefit, not yours. When should I apply to have my child’s name changed? Key to deciding when to apply to change your child’s name is the age of your child and the circumstances surrounding their request.

Capacity is a difficult topic too. Technically, a person under the age of 18 lacks the capacity to do most things, like enter a contract. In terms of changing a name, capacity can be boiled down to understanding the concepts of “identity”, “belonging”, and the significance of a name. This issue is ultimately left up to a Court to decide and, in some instances, depending on the age of the child, requires the child to give evidence as to why they want to change their name and their understanding of what the change of name means. If you are faced with such a situation and you are uncertain about what to do, then it is safest to get legal advice. How do I apply to have my child’s name changed? There are two ways to change your child’s name: 1. Where both parents agree, or where there is only one parent registered as the child’s parent, you can file an application for change of name with the QRBDM and pay the applicable fee; 2. Where both parents are registered as the child’s parents and are in disagreement as to whether the child’s name should be changed, you must obtain an order from a Court authorising the proposed change of name to occur. Clearly, the first way is quite straightforward and selfexplanatory; the second less so and worth a more in-depth examination.

A common issue that arises is that your child may be of an age where they lack the capacity to fully understand what they may want, let alone the concept of “identity”. It is a tricky situation to be placed in; to want give your child what they want but being uncertain as to whether you can achieve this! Issue Ten

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Where should I apply to have my child’s name changed? If a Court is required to determine the issue of changing a child’s name, then you will need to make an application to a Court that has the authority to determine the matter. An application to change a child’s name may be made to the Federal Circuit Court of Australia (FCCA) or Family Court of Australia (FCA) (where there are ongoing issues regarding the parenting arrangements for the child) or otherwise to the Queensland Magistrates Court (QMC). It is important to make the application to the right Court depending on your circumstances. Where there are ongoing parenting issues and there is no final order in place, then you will need to make an application to the FCCA or FCA to first deal with the parenting issues. It is possible to seek to change a child’s name within these proceedings. If you already have a family law order or you have sole parental responsibility for a child, then you will still need to obtain an order authorising you to change the child’s name. Because there are no ongoing parenting issues, you will need to obtain this order from the QMC. There is extensive case law from the QMC that indicates that where there are ongoing parenting issues and a change of name is being sought, then the QMC is not the right Court to determine the matter and that an application to the FCCA or FCA should be made. Test applied by the Courts If a Court is called upon to determine whether to change a child’s name, it applies a two step process. This process incorporates a review as to whether the proposed name is a prohibited name, and whether the proposed name is in the child’s best interests. »» Is the name prohibited? The first criteria to satisfy the Court about is whether the proposed name is prohibited. There is uncertainty as to what constitutes a prohibited name, but it is clear that a name cannot:

-- practically be established by repute or usage because it is too long or consists of symbols without phonetic significance; -- include or resemble an official title or rank; -- include a statement (i.e. “Save Mother Earth” or “Down with Capitalism”); -- be contrary to the public interest; or -- be a political slogan. Once the Court is satisfied that the proposed name is not a prohibited name, it must turn its attention to whether it is in the child’s best interests to authorise their parent to change their name. »» Is the change of name in the child’s best interests? In considering whether it is in the child’s best interests to authorise their change of name, the Court must have regard to a number of elements which include: -- the views the child has expressed; -- the views of the child’s parents, as far as they are available; -- the reasons for changing the child’s name (ie, medical or schooling reasons, social purposes, gender transition, family connection etc,); -- whether the request to change a child’s name has come from their parent or from the child; -- whether the child has the capacity to comprehend the concept of identity and the implications a change of name may have. These are but a few considerations the Court turns its attention to, and they are wholly based on the individual circumstances of each case. Ultimately, the Court has a discretion to determine whether the change of name is in the child’s best interests. If you believe it is in your child’s best interests to have your child’s name changed and/or your child is asking to have his or her name changed, then it is important to obtain appropriate legal advice as to your rights, options, and potential costs.

-- be obscene or offensive;

The above information is relevant only to Queensland. Each state and territory has its own Registry of Births, Deaths and Marriages and legislation governing the process involved in changing a name.

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CORRECTING COMMON MISCONCEPTIONS ABOUT COURT A l eci a Connor, Assoc ia te

Often times family lawyers hear the familiar catch cry of “I’m taking him / her to Court”. Whilst normally said at a particularly emotional time, and often immediately after separation or after one party has done something hurtful, it seems that people have a false understanding as to what they may achieve by entering the Family Court system (which incorporates the Family Court and the Federal Circuit Court of Australia). Sadly, often people leave the Court system feeling disillusioned, unhappy and ultimately resentful towards the system that has robbed their life of months or years of peace. Some things to bear in mind if you are considering applying to the Court include the following. 1. All of your legal problems will not be resolved on the first Court date. Unfortunately, the judge has limited time to deal with the many matters listed before him or her on any one day. As such, the judge is not in a position to determine the facts and to make a decision about what orders should be made on a final basis in regards to either the care arrangements for your children or what property each of you are to retain on the first Court date. The judge generally will make orders addressing the most urgent issues or those of a procedural nature which allow the matter to progress, hopefully towards resolution between the parties. Unless the matter is resolved by an agreement being reached between the parties then you will not obtain final orders on the first Court date.

2. There will not be a winner and a loser. In fact, in family law often times both parties leave the Court system feeling as though they have lost and in some cases they will have, both emotionally and financially. It is unusual that one party achieves orders that are entirely in their favour. It is often the case that orders made represent a middle ground being reached between the respective parties’ positions. 3. Even if you are successful the other party will not necessarily pay your legal costs. Generally, in family law each party pays their own legal fees. In some exceptional circumstances, a Court may order a party to pay the other party’s legal costs, however this only occurs when one party has been wholly unsuccessful in their application (which is unusual given there are not normally winners or losers) or when the matter could have been resolved by the acceptance of a more favourable offer earlier in the proceedings. Even if you are successful in getting a costs order, this very rarely covers the actual costs incurred by you. Instead it normally covers the costs allowed for in the Family Court scale of costs, which is generally lower than the actual costs incurred.

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4. The judge will not have read every document you have prepared and have a full understanding of your circumstances before you attend Court. I n a p e r f e c t w o r l d t h i s w o u l d o c c u r, h o w e v e r the current Family Court system is significantly overburdened and judges have an unmanageable number of cases in their lists. This often results in judges not having the opportunity to consider all documents prepared by the parties prior to the first Court date. If the matter proceeds to a trial, the judge will read all of the Court documents, however there is no guarantee that this will be considered in detail prior to the first Court date. However, these documents are still valuable as they are also used for other purposes, including being considered by a family report writer in parenting matters.

Unfortunately, the Family Court system in Australia is significantly under resourced. There are not enough judges for the volume of matters that come before the Court on a daily basis. As a result of this, and through no fault of the judges, this often results in outcomes for families that are less than perfect. Whilst in some cases Court intervention is necessary, we strongly recommend that you consider alternate options in regards to resolving your dispute. This can include negotiation, mediation, arbitration or a variety of other conciliatory methods which assist parties in reaching an outcome without the uncertainty, time delay and cost of bringing an application to the Court. Consider, will applying to the Court actually achieve the outcome you desire?

5. The judge will not speak directly to your children to ascertain their wishes. In Australia, Family Court judges do not speak directly with children. Instead children’s views are considered by a family consultant who then prepares a family report for the judge outlining these views. Family consultants are trained in communicating with children and, as such, this is done in an appropriate and comfortable setting. The judge then considers the children’s wishes by reading the family report, before making a decision in regards to the children’s care.

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W H Y I DO W H AT I DO M ax Sutton, Solic itor

I wasn’t always set on being a solicitor. To be honest, for quite some time I wanted to be a palaeontologist! That’s right – I wanted to dig up and study dinosaurs!

So yes, it came as a big surprise when I said that I was off to study the law and become a lawyer. At the time, I didn’t really know what that may entail or even what kind of lawyer I wanted to be. What I did know is that I enjoy learning new things and solving problems. I set off and studied law and international relations at the University of Southern Queensland at Toowoomba. Fortunately, early on in my studies, I was awarded (as it was known back then) the Best Wilson Family Law Scholarship which came with a bit of work experience – which later transitioned into a permanent job! I always maintain, and will continue to maintain, that I’ve ended up in family law by chance. But I’ve come to learn – and appreciate – that it is an area of law which encompasses a vast majority of legal principles and areas of practice, but also requires an element of human emotion and sensitivity.

So why do I do what I do? At its most simplistic, because I enjoy what I do and because it provides me with an opportunity to help people, to problem-solve situations, and to learn. In fact, these three elements go hand-in-hand with being a lawyer. Meeting new people and helping clients through, what can be for some, the worst time of their lives, is an important element to our profession. To be able to problem-solve a client’s issues and provide a way forward with certainty, to take each and every step with a client on a path to a resolution, and to watch a client grow and move on personally, is an immense privilege.

I really enjoy what I do and the profession I am in. As with anything, it can have some tough days. I hope to further my experience and knowledge and continue to offer a level of service that provides certainty and nurturing. Issue Ten

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“Even the smallest person can change the course of history.” Galadriel - Lord of the Rings

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DO M E S T I C V I O L E N C E - W H E R E TO S E E K H E L P K i ara G reenway, Solic itor

In our last issue of Crossroads, we examined the many and varied forms of abusive behaviour that can constitute domestic and family violence.

Unfortunately, and despite an increasing dialogue in Australia about this subject, many sufferers of domestic violence do not know about the services that are available to them to give them the help and support they need. There are a number of tools and support systems available to those who may be exposed to domestic and family violence, or know someone who is.

A temporary protection order is only in place for a specified period of time, up until a final protection order is put in place. In order to obtain a final protection order, the above factors must be satisfied, as well as that the protection order is “necessary or desirable” to protect a person from domestic violence. Final protection orders are ordinarily in place for five years.

Police and solicitors

Hotlines

Local police are able to provide advice in relation to the steps a person can take to protect themselves from domestic violence. In situations where the police deem it necessary to protect a person from domestic violence, they may prepare and file an application for a protection order on the person’s behalf.

There is an increasing number of domestic violence hotlines that a person can call to obtain advice and support in relation to their specific circumstances. The White Ribbon website https://www.whiteribbon.org. au/find-help/domestic-violence-hotlines provides a complete list of the telephone hotlines available.

Alternatively, they can recommend that person file an application for a protection order themselves, which a family law solicitor can assist with. In order to obtain a temporary protection order, it must be demonstrated that:

Phone apps

»» a relevant relationship exists (eg, spouse, mother/ father, relative, parent/child); and »» an act of domestic violence has occurred – it is important to note that domestic violence is not just physical abuse; it extends to emotional and psychological abuse, and threatening or coercive behaviour.

Given the strong reliance on mobile phones that is emerging in modern society, phone apps have now been developed to provide people with advice and support in situations of domestic violence. For example, the “Penda” app is a free application that contains information in relation to the law surrounding domestic violence and safety precautions that can be adopted for women who have experienced domestic violence. Additionally, the “Daisy” app is an application that is designed to connect people who are experiencing domestic violence to support services in their local area. However, downloading these applications is only recommended where a person has safe and secure access to their mobile phone.

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Domestic violence refuges and shelters

Counselling

The Department of Housing and Public Works have actively worked to address the growing issue of domestic violence in Queensland. The Department has implemented an initiative entitled the “Queensland Housing Strategy 20172020 Action Plan� in order to improve housing conditions for women and children escaping domestic violence by constructing shelters for those who require urgent housing assistance. Placement in a refuge/shelter can be arranged by contacting DVConnect Womensline on 1800 811 811.

There are a large number of counselling services that can be contacted in order to seek support and guidance for those who are or have been affected by domestic violence. Some of these services provide 24/7 access to confidential information and counselling. For example, 1800RESPECT provides the option of chatting online in the event it is too difficult to speak over the phone. Their website also provides a directory of national services that people can utilise to find the service that is most appropriate for their specific circumstances.

Safe Haven Community, https://safehavencommunity.com. au/, also supports those in need of accommodation when at risk of domestic and family violence by connecting people that have a spare room with people that need a spare room.

This directory can be found at https://www.1800respect. org.au/services/.

We urge anyone who is experiencing domestic violence, or knows somebody who is, to reach out and seek assistance from the variety of support services and tools that are available. BEST WILSON BUCKLEY

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REFLECTIONS N eal Wood, Senior Assoc iate

From time to time I find myself reflecting on my work as a family lawyer. What am I doing well? What do I need to focus on improving? How do my clients feel about their experience during the time I am invited into their lives and what could I do differently? I suppose most of the time my client relationships tend to follow a similar path. I speak to them on the phone after they have been provided with my details by a friend, professional advisor or someone I have assisted before. I will then stay with them until the end of their matter, whether that is after negotiating an agreement or supporting them through a difficult Court process. Everyone is a bit different and some of my clients love that practical, down to earth advice and just want to talk about the business of getting their matter brought to an end as quickly and efficiently as possible. For them, it’s very much a commercial transaction and very outcomes focused. Others are deeply involved and need a lot of support in their personal journey from being in an intact relationship, through separation and then into the next phase of their lives, whether that is as a post-separation parent, securing their financial future from a property settlement or feeling safe in their own home without the fear of domestic violence and abuse. It’s about listening to them and finding out what they need and what’s important to them. While I often will check in with my clients after the end of their matter, and indeed many will check in with me, occasionally I’ve come across a few people that have become friends rather than just a former client. Recently I had occasion to share a morning paddle on Wivenhoe Dam with an inspiring former client. Heather’s story is unique to her but, from where I sit, it is rare to see someone move through a very difficult family law matter with such patience, good humour and robust sense of self. What I love about Heather’s story in particular is that in the two years since we formally finished her matter, we have regularly kept in contact and I have been able to continue to see her go from strength to strength in her pursuit of her fitness goals, adventure races and epic treks across parts of the Australian wilderness and overseas in her role as a tour leader and operator of her own business.

During a couple of hours of paddling across Wivenhoe Dam in the early morning sun, we found ourselves meandering across all manner of topics of conversation, including reflecting on Heather’s own experience of her family law matter when I was her solicitor. While I won’t share the personal details of that exchange with you here, it certainly led to some thought-provoking comments and a few good laughs as well. What I will share with you from that conversation is my own reflection on what it is that I actually do in my work as a family lawyer. Unsurprisingly to some that know me, it has a distinctly maritime theme. In essence, helping someone through a separation is something akin to the role of a marine “pilot” invited aboard a ship to help navigate their way through a difficult waterway which would otherwise block their path and make their passage extremely hazardous if they were to go it alone. A marine pilot does far more than just giving those in charge of the ship a map and a compass and telling them where to go and then stepping straight off. It involves actively communicating with the captain about the intended destination and how best to get there. The ship never belongs to the pilot yet during the time they are on board they actively take on responsibility for the safety and wellbeing of those who are relying on them to navigate their path. For those on the ship, they have rarely if ever passed through this way before and feel vulnerable by the unknown and overwhelmed by the narrow passage in front of them, which from the outside appears entirely blocked and littered with hazards. For the pilot, this is their comfort zone. They have spent years traversing this small part of the world, studying the maps, tides and currents and building a wealth of technical knowledge of the waterway.

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They know from years of experience where the fixed channels and obstacles are and how to navigate within and around them safely. They know how to steer the ship and control the throttles to be able to efficiently move through the tight turns and adjust the water levels of the locks to move from one section to the next. By traversing this waterway daily they have almost up to the minute knowledge of the subtle contours that may be easily overlooked like the shifting sandbars and shoals that can change with the ebb and flow of the tides. At the end of the passage, the pilot disembarks the ship having cleared the difficult path largely unscathed (with perhaps a bit of paint rubbing off in those very close points towards the end where it was the hardest to get through) but with the hull intact and able to continue to open water and on to its intended destination.

My involvement may, in relative terms, only last for a short period of time, but the responsibility I take on during that time and the skill that I need to impart to ensure that passage goes smoothly, is exceptionally important to those that invite me into their lives in what is often a very difficult and unknown time.

I see my role in very much the same way. Calmly greeting those about to enter the difficult section ahead, coming on board to help them navigate through the unique twists and turns in their separation, and then stepping off once the obstacles have been passed. While that experience will always be their own, I would like to think I am leaving them in as good a position as possible to continue to their next destination in life wherever that may be.

I personally get a lot out of the work that I do and often think how difficult it is for clients to take that first step to reach out to a professional that they have never met before and ask me to be involved in what is a very personal matter for them. It’s a responsibility I don’t take lightly and it is catching up with people like Heather that make me really appreciate the positive impact I can have during the time that I am involved with them following their separation.

To be honest I can’t say whether the lofty images and descriptions of distant waterways that I shared with Heather that morning were an accurate reflection of my work or were perhaps evidence of some greater subconscious desire to be exploring grand overseas destinations. In either case, as we continued the steady beat of our paddle, Heather’s own reflection of her experience seemed to align, in part at least, with my own view of things, so perhaps it’s a bit of both.

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IN THEIR WORDS … H E AT H E R ’ S S TO R Y

Family lawyers work in such a very personal area of law where stress and emotions often run high, which is why we strive to build a trusting relationship with our clients and seek to understand and have an awareness of their experience. At Best Wilson Buckley, we are privileged to assist a wide range of clients. We learn something from each and every one of them and are inspired by many. With this in mind, it is with great pride that we bring you the first in what we hope will be a series of articles written personally by our clients, or with their input, sharing their own unique story. Why I said “YES” to XPD I w a s a p p ro a c h e d i n t h e c o r r i d o r a t w o r k b y a colleague after having just returned from leading a trek across Kokoda. My colleague offhandedly asked if I would be interested in doing XPD. I had no idea what XPD was. The quick explanation was, “Oh it’s sort of an adventure race run over a few days”. “Why not, sounds like a bit of fun” was my reply, having absolutely no idea what was involved! To my surprise, within 24 hours I received a call from the team captain to assess my “fit” within the team. Quite an intimidating experience. My initial thoughts and feelings were of fear. I’m not sure I can do this. Will I let the team down? Do I have the skills and capabilities, physical and mental, to cover in excess of 800 kilometres over 10 days of hiking, navigating, MTB (mountain bike riding), kayaking and whatever else could possibly be thrown in. But also, I felt excitement at what I could possibly achieve, experience, learn, see and meet. It can’t be that bad - can it? My journey towards XPD – expedition length adventure racing - had begun. I had said YES. The lead time of 10 months prior to the race was both positive and negative. I had ample time to train and hone my skills at hiking (12 plus hours with heavy packs), MTB (riding, assembling, dismantling, running repairs and learning how to “hike a bike”), kayaking (ocean and white water), and navigating (map and compass - no technology allowed in this sport!).

The question was how? How do I gain the skills required, train and with whom, as my “XPD team” was scattered across the globe? Hence most of my training was done, not with my “XPD team”, but a whole new network of like-minded outdoor adventurers that I accumulated along the way. I not only learnt many new skills and achieved goals I never thought possible, but I also grew physically and mentally stronger - I was fortunate to meet amazing people with amazing skills and gained some lifelong friends. The downside of a lengthy lead time was just that, time. Time training, time away from family, time off to compete in smaller events. Time to ponder over what I had committed to. Can I really do this? What have I said yes to? Who am I going to let down? Am I physically and mentally strong enough? The self-doubt and the enormity of what I had committed to was tough. Along with that was life - I had just commenced on a new journey as a single mother. Do I walk away or do I dig deep and give it my best? A question that replayed on repeat constantly in my head. As time passed, the training increased. As did my confidence in my physical and mental ability. One vivid light bulb moment was a hot 38 degree plus, extremely humid, day and a 12 hour gruelling uphill MTB ride. I had made it home - in one piece and without dying. I even made it back before some of the more experienced riders who had suffered heat exhaustion. The other skill I mastered was getting out of an upturned kayak without drowning! I could “just maybe” pull this off!

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As race day drew nearer, the nerves increased. A lot of excitement and a lot of anxiety brewed. I’d trained and prepared for 10 months. It was happening. I had committed to a “YES” moment, the how and when was now. Feeling a little scared? Hell yes! Arriving in Townsville where the event was to take place was yet another emotional roller coaster ride. So many incredibly fit people and teams from all over the world. It was a bee hive of activity, all of which was totally foreign to me. I was so excited to be involved and had worked so hard to get here, but totally nerve racking all the same. Mandatory skills test assessments and warm-ups made me question, can I do this, will I fail the test and let the team down, all before the start of the race? I re-packed my race pack at least 20 times in my head and had one hour sleep the night before race start! Finally, race time was here. We all stood around and nervously awaited the start gun. I was excited and numb. I remember thinking to myself, “This is only 10 days. I need to take one day, one hour at a time, one discipline at a time.” There was lots of excited banter, comradery and positive words of encouragement, but I was absolutely terrified. I was trying to tell myself that all I have to do is just paddle across to Maggie Island - that’s all I have to do this morning. When I get there then I will think what comes next. One thing at a time. The next 10 days saw many highs and lows. I learnt to value and treasure any little achievement, win or treat along the way to boost my spirits and moral. Like a five minute kip while a teammate took a leak, a bonus banana dropped by someone, a mashed avocado in the bottom of the box. A check point where you expected it to be. All gold moments. Small things meant so much. Certainly, a high was to find on day five, a handwritten note by my girls on my birthday hidden amongst my rations - “Happy Birthday Mum - you’re the best - you can do this”. Very special, rewarding and proud moment. Add this to a halfway shower for one’s birthday. Sheer gold!

I think it was at this point I knew that as tough as the next few days would be I could and would achieve my goal of not only competing but finishing XPD. As we crossed the finish line as a fully ranked team, I saw my father standing there with his camera in hand. I was feeling busted, broken, exhausted but also so proud at what I had achieved. I had given it all and worked so hard - physically and emotionally. Not only me but my girls, friends and family had also given so much to allow me to achieve what I never thought at the time achievable. I’m an ordinary person that had experienced the extraordinary. All because I said YES to an opportunity and at the time didn’t think too much of how. A great lesson in life. When and wherever possible: say YES! You never know where it may lead. There may be fear, anxiety and tough times associated with that YES but the growth and potential of living far outweighs the downward spiral of a no. Reflecting back now as I write this, I can see that many of the thoughts and emotions I felt prior to, during and after completing XPD were similar to those I experienced during my family law matter; and how many of the things I learnt along the way (about myself, about the importance of having a great team beside you, and about how to tackle difficult and challenging situations one step at a time) helped me through that time. So, “step outside” - adventures await!

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D E C I D I N G W H E T H E R YO U S H O U L D HELP WITH SUPERVISION? L egal Aid Q ueensland www.l e galaid.qld.gov.au

What is supervision?

Should I agree to supervise?

Supervision means that the Court wants a responsible third person present when a parent spends time with their child.

Before you agree to become a supervisor, ask yourself this:

Is the role a paid position? The role is not a paid position and you will need to cover your own expenses including travel costs.

»» Do I support time together? If you personally do not agree with this parent having time with this child, you shouldn’t agree to a supervision role. It may do harm to your relationship with both parents and with the child, it may be better to say no. »» Can I commit to this role?

Why does this time need to be supervised? There may be a number of reasons a Court requires supervised time between a parent and child. Some reasons may include: »» the child has not seen the parent for a time, and the Court thinks that some gradual reintroduction will help; »» someone has claimed that the child is afraid of the parent; »» the child may have asked to have someone else present; »» the Court is concerned about the safety of the child in the parent’s care. What do I have to do? As a supervisor, you need to make sure the child is safe during their time with the parent. This means you must stay with the child the whole time. You should be able to see them at all times, remain within earshot and make sure they know where you are in case they need to talk to you. If the parent acts in a way which may harm, frighten or upset the child, you will need to step in and stop the behaviour or remove the child from the situation. At no time can you leave the parent and child alone or leave the visit to return later.

Agreeing to supervise time together is a significant commitment of your time, so be realistic about whether you are willing and available to take it on. If not, it is better for another person to supervise all the way through, rather than having to change supervisors after a few weeks. Usually, supervision is a regular commitment of several hours at a time. It is usually once or twice a fortnight, but sometimes can be as frequent as every few days. If the parent is employed, time together will usually be in the evening or on a weekend, and can usually continue for a few months. »» Am I prepared to say “NO” to the parent? The Court will be relying on you to make this time safe for the child. This may mean that you have to step in and stop the parent from doing something which is dangerous or distressing to the child. Saying “no” can be difficult to do, but essential in keeping the child safe. »» Am I scared of the parent? If you are afraid of the parent, or do not feel able to stand up to them, you may not be an effective supervisor. »» Am I willing to be a witness in Court? Supervisors can be asked to report to the Court on how time together is going, and can be called to give evidence at trial. You may be asked to sign a document (called an undertaking) agreeing to do this. This may mean you will have to testify against your family member or close friend, if time together has not gone well. This can put a great strain on relationships.

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What if something goes wrong?

Things to remember

If you become concerned that the child is really not safe with the parent during the visit, or the child is so distressed by the visits that time together is not in their interests, you should make this known to the Court or the independent children’s lawyer (who may have been appointed by the Court to represent the child’s best interests). You may have to refuse further supervision. As a supervisor, you cannot stand by and see the child come to harm.

Your role is important but try to be as unobtrusive as possible. Both the parent and the child are likely to be very emotional and may be out of practice at relating together. With patience, the parent and child may be able to work things out in their own way. Remember that supervised time has not been arranged for the child to see you, but for them to see the parent. Although you yourself may be keen to develop your relationship with the child, supervision is not really the opportunity for you to do this. Stay in the background unless there is something which calls for your intervention.

This article is from a publication written and produced by legal aid commissions throughout Australia.

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K AT I E AV E R Y S u p p o r t P aral egal an d Adm inistration Assista nt Toowoomba

Q. Why family law?

Q. Favourite holiday destination?

A. I think family law is so unique to any other area of law – no two matters are the same. The opportunity for continued professional growth while simultaneously helping people through, what can be, an incredibly difficult process is so rewarding. Correspondingly to that, I often get to see transformation and personal growth with clients themselves from the commencement to the conclusion of their matter, which is equally as rewarding.

A. Sunny Coast beaches.

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

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

A . W h a t I m o s t l o o k f o r w a rd t o i n a u t u m n a re the cooler evenings when you start to smell your neighbours using their fire places and all the different coloured leaves scattered throughout the parks.

Q. Who was your childhood hero growing up? A. Miss Honey – from the movie, Matilda. Q. Who would be your ultimate five dinner guests? A. Robin Williams (comedian), Amal Clooney (human rights lawyer), Neil Finn (musician), Steve Carrell (actor), and Liane Moriarty (author).

A. I’d really love to learn and fluently speak another language and to play the ukulele.

A. I like to unwind with a good book – coffee in hand (when I get the chance). As a mum of three, aged five and under, my spare time is typically consumed with mum duties – cooking, cleaning and the endless mounds of laundry, but I try to make the most of any spare time I do have to spend with my three littlies and my husband, Ray.

Q. Best event you have been to?

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

A. Big Day Out – Sydney, 2010.

A. The Tattooist of Auschwitz by Heather Morris.

Q. Favourite place to eat in Toowoomba?

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

Q. Number one on your bucket list?

A. A solid tie between Piccolo Papa and Junk – both have consistently good food and atmosphere.

A. You Can Call Me Al – Paul Simon.

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Q. Why family law? A. I stumbled into family law after working in commercial property and wanting out. People told me I wouldn’t be able to deal with the drama of family law after working in property for so long but I have loved it. It’s really interesting and really varied, you get all of sorts of things and you never know what your day is going to be like when you arrive in the morning. Q. What do you most look forward to in autumn? A. A break from the heat of summer, the weather and the trees changing, and autumn just has a better feel about it. Q. Best event you have been to? A. Soundwave 2010 for Faith No More’s Second Coming Tour. I’d listened to their music a lot growing up but had never seen them because they broke up when I was a kid. They re-formed and did this tour and it was the best. Q. Favourite place to eat in Toowoomba? A. The Irish. The meals and prices are unbeatable and they also have awesome specials. Q. Who would be your ultimate five dinner guests?

Q. How do you unwind? What do you do in your spare time? A. Hang out with my doggos and have a few Golds. Q. What did you think you were going to be when you grew up? A. We lived on a farm until I was 12 and always had the vet out seeing to the horses and pulling calves etc, so I always wanted to be a vet but as I got older realised I wouldn’t be able to hack it. Q. What did you have for Sunday dinner growing up? A. Sunday dinners weren’t really a thing growing up but being on the farm we pretty much had meat and three veg every night, even after we moved off the farm. Q. What book is on the bedside table right now? A. Open by Andre Agassi. I’m only a chapter in but so far it’s an interesting read. Q. What song always makes you happy when you hear it? A. Baker Street by Gerry Rafferty.

A. Justin Timberlake, Jimmy Fallon, Dave Chappelle, Jerry Seinfeld, Seth Rogen.

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SAME BUT DIFFERENT – W H Y YO U R P R O P E R T Y S E T T L E M E N T M AT T E R I S D I F F E R E N T A n drew McCormac k, S en i or A ss oci ate & Acc redited F a mily Law Spec ialist

Family law practitioners are often asked what a likely outcome will be during property settlement matters.

This is something that you do need to know so you can plan for the future and start making decisions. However, it is a general rule in our practice that we do not give an indication of this during an initial attendance. There is only so much you can cram into a 1 – 1 ½ hour appointment. We don’t know enough about your situation at that time to give you a considered opinion. There are a number of reasons for this: 1. We w i l l g e n e r a l l y n e e d t o r e v i e w f i n a n c i a l documents before giving you an opinion; 2. We are required to obtain information from superannuation funds which can take up to 28 days to be returned; 3. What you tell us is only one side of the story and you may not have certain important information that your partner has. It is not uncommon for one spouse to be the “financial manager” in a relationship and for the other to not have a full grasp of the ins and outs of your financial affairs. After, it might be necessary to get information from your accountant and/or financial adviser, particularly if you have an investment property, share portfolio, an interest in a business, or have your superannuation in a self-managed superannuation fund. There may be financial and tax issues that we need to consider when looking at the likely outcome of a property settlement.

Once we have that information, there is a process that we need to consider when advising you. The process is generally referred to as the “four step process” – this follows a formula that the High Court has set down after having considered the relevant parts of the Family Law Act relating to property settlements. The four step process can be summarised as: Step 1 – What interests in property do you or your partner have and what is the net value of these interests? This means that we need to determine: 1. what the value of each asset or interest is; 2. what debt each asset or property interest may have attached to it; 3. what is the net value of what we sometimes refer to as the “property pool”. Step 2 – Is it necessary for there to be some legal intervention to equitably distribute property between you and your partner? In some cases, it may not be necessary to transfer property or require other intervention to finalise your property settlement. However, more often than not, it will be necessary to have some type of intervention to assist in dividing property and to take advantage of benefits under legislation, including stamp duty exemptions or CGT roll-over relief.

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Step 3 – Analysing the contributions and prospective needs factors that are relevant to your relationship. These contributions and factors include: » » financial and non-financial contributions at the commencement of the relationship, during the relationship, and after separation; » » parenting and homemaker contributions; » » gifts, inheritances, or financial assistance from family members;

Step 4 – Do there need to be other adjustments to ensure that justice and equity is done between the parties? As you can see from the steps above, there is no way to generalise about contributions. There are other factors that we also need to take into account, like the length of the relationship and whether there have been any financial agreements that have been entered into which may overide the normal legislative pathway.

» » adjusting factors under the legislation that may change any contribution factors.

It is not uncommon for people to exchange war stories and give their own version of what happened in their own or other property settlements. We would caution against listening too much to this “advice” given the discretionary matters that make each matter different.

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CROSSWORD

ACROSS

DOWN

1. Pursuing closely

1. Snow sled

4. Hollywood prize, Academy ...

2. Lasso

7. Grove of fruit trees

3. Desired result

8. You will, we ...

4. Support devices

9. Glows

5. Displayed

12. Strolls aimlessly

6. Unexciting

15. Collar

10. Spread

17. Cried in pain

11. Rice field

18. Burglary warning

13. Leafiest

21. Word jumble

14. Scratches (surface)

22. Edition

16. Gratify

23. Young hare

18. Opposed to 19. Confusing network 20. Trip over

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18. Anti

23. Leverest

16. Please

22. Issue

14. Scrapes

21. Anagram

13. Shadiest

18.Alarm

11. Paddy

17. Yelped

10. Smear

15. Neckband

6. Dull

12. Meanders

5. Arrayed

9. Gleams

4. Aids

8. Shall

3. Goal

7. Orchard

2. Lariat

4. Award

1. Toboggan

1. Tailing

DOWN

ACROSS

19. Maze 20. Fall

“You must wholeheartedly believe in everything that you are and everything you will become. Have faith in yourself and your pure determination to be whatever you want to be. Because at the end of the day, if you don’t, who will?” C R O S S R OA D S

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W H E N T H E L AW CO L L I D E S W I T H M O R A L S – W H AT I S “ N O FAU L T ” D I V O R C E ? A m i t y A n derson, Legal Partner & Accred i ted F a mily Law Spec ialist

Separation, the breakdown of a marriage, the destruction of the family unit and the feeling of doom about what’s next sounds like enough emotional baggage and heartache to tackle at once. But, to add to that, many family law clients face a moral dilemma at the end of their relationship – the concept of a “no fault” divorce system. Many family law clients who feel aggrieved by their spouse’s conduct that gave rise to the separation want their spouse punished either financially or in terms of the time they spend with their children. This misconception can understandably be distressing for clients. The concept of “no fault” divorce has been the law in Australia since the Family Law Act was enacted in 1975. In practical terms, this means that for a couple to divorce, it need not be proved that either party is “at fault” for the breakdown of the marriage. The actions of one party in contributing to causing a marriage breakdown are not considered by the Court, unless in extremely rare circumstances. Prior to 1975, a party had to establish one of the proven grounds for divorce that included adultery, habitual drunkenness or insanity. The processes and steps that parties had to take to obtain sufficient evidence of such conduct often required significant additional expense on behalf of the aggrieved party, only serving to make the process more expensive and potentially more emotionally cumbersome.

The rationale behind the change to a “no fault” system are numerous. In addition to the financial and emotional cost savings, it was determined that the “no fault” system would assist in reducing the hostile nature of divorce by encouraging alternative dispute resolution, such as mediation, as opposed to acrimonious litigation. It was also recognised that there is little point in forcing people to stay in an unhappy marriage. Now, for a divorce to be granted, a couple only has to evidence that they have been separated for 12 months and that any children under 18 are being appropriately cared for. Although spouses no longer need to prove a reason for the breakdown of a marriage, fault elements can still be important, particularly when it comes to parenting arrangements. A history of mental illness, substance abuse or domestic violence is relevant and will be considered by the Court when determining parenting arrangements. It is important therefore that parties tell their lawyer of instances of bad behaviour both during the relationship and after separation.

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UNPLANNED ADVENTURES! Scot t P atterson, Succession+ www.s uccessionplus.com.a u

Most people would not describe the process of owning and running their own business as an “unplanned adventure”. Yet statistics would suggest that this is exactly what is happening. In fact, it often doesn’t end with a happy, exciting or fulfilling conclusion. 55% of all business exits are due to death, disability, receivership, liquidation or simply closing the doors. Sure, we often can’t do much about death and disability. But even in these situations, did we have adequate insurance to cover the financial risk of something like this happening? In terms of receivership, liquidation or simply closing the doors (which in some cases may follow a relationship breakdown), these outcomes are often the result of poor planning and implementation around exit and succession planning and building business value. These are sad statistics. In life we don’t, and shouldn’t, control our exit. In business we can – but most of us don’t. It just happens to us rather than being a planned and organised process that results in optimising and realising the potential value in our businesses.

The current statistics suggest that most people are going on a journey with their businesses with no particular or clear destination in mind. Would we walk out of an airport, hop in a taxi and tell the driver to just drive with no destination in mind? Probably not. Yet in our businesses we are doing this all the time. We are in charge of a ship that is just sailing with no particular port or anchorage in mind. The notion of doing these things seems crazy, yet in our businesses, this is exactly what perfectly sane and intelligent people are doing every day. The outcomes resulting from this lack of planning around exit and succession planning and building business value are also rather sad. In the cases of death and disability, families are endeavouring to administer estates and manage businesses that are often in a mess. Exiting a business via receivership, liquidation or simply closing the doors are not the options we would choose or that we dreamed about when we first went into business. Even for those businesses that are sold, are the owners realising on their potential value? Sadly, in most cases the answer is no. What then is the answer? It’s simple really, act today and start building business value and putting a proper succession plan in place. Engage someone good to help you and just do it!

Scott Patterson is a Director of Succession+, which provides proactive, focused and strategic advice for SME owners to manage business succession and exit planning. Scott has extensive business and professional experience and is passionate about working with his clients to improve the value of their businesses and create a more certain future for them, their stakeholders, and families.

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AU T U M N S A L A D www.ta ste.com.a u

Sweet roasted beetroot meets creamy goat’s cheese and zesty citrus in this hearty autumn salad.

Ingredients 1 bunch small beetroot, ends trimmed

1 ½ tablespoons white wine vinegar

2 bunches Dutch carrots, ends trimmed

1 tablespoon wholegrain mustard

500g butternut pumpkin, cut into 3cm pieces

1 small fennel, finely shaved

1/3 cup (80ml) olive oil

1 orange, zested, peeled, segmented

½ cup (50g) walnut halves

120g packet baby rocket

1 ½ tablespoons honey

100g goat’s cheese, crumbled

1 tablespoon orange juice

Method 1. Preheat oven to 180°C. Wrap each beetroot in foil and place on a baking tray. Line another baking tray with baking paper. Place carrots and pumpkin on the lined tray and drizzle with 2 teaspoons of the oil. Season. 2. Bake, turning pumpkin and carrots occasionally, for 30 mins or until the pumpkin and beetroot are tender. Set aside to cool slightly. Wearing gloves, carefully peel beetroot. Cut into wedges.

3. M e a n w h i l e , l i n e a b a k i n g t r a y w i t h b a k i n g paper. Scatter the walnuts over the tray. Drizzle with 1 tablespoon of the honey. Season. Bake, turning occasionally, for 5-7 mins or until the walnuts caramelise. Set aside on the tray to cool completely. 4. P l a c e t h e o r a n g e j u i c e , v i n e g a r, m u s t a r d , remaining oil and remaining honey in a screwtop jar and shake until well combined. Season. 5. C o m b i n e t h e b e e t r o o t , p u m p k i n , c a r r o t s , fennel, orange segments and rocket in a serving bowl. Drizzle with a little of the dressing. Toss to combine. Sprinkle with orange zest and goat’s cheese. Serve with remaining dressing.

Serves 4

Recipe courtesy of taste.com.au

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A RENEWED SENSE OF POSSIBILITY Jen n i fer R yde r, Gene ra l Mana ger

This year is our tenth anniversary year as a business. So, what better way to kick-start such an important year than with a quarterly theme based around our core value of “vision”?

Our vision is to let our family lawyers do what they do best, connect with our clients and colleagues to craft the most meaningful outcome for the future.

When our business first started, our partners had a vision to create Toowoomba’s first bespoke family law firm for our burgeoning regional community. One that provided access to expert advice in an area of the law that involves so much more than simply legal knowledge and prowess. Our family, health, wealth and wellbeing are not to be trusted in the hands of just anyone and deserves only the absolute best advice at a local level that doesn’t cost the earth.

So, what does the future look like considering it is almost here with 2020 just around the corner as a reality now? At the heart of it for us it looks like it has for the past 10 years.

Almost 10 years on and that vision has indeed been a reality for all of that time, and is now also a reality in our other communities of Brisbane, Ipswich and North Lakes. Vision to us is creating a renewed sense of possibility. Whether that be at the beginning or end of a relationship for our clients, for our team, communities or our business as a collective. This quarter, and indeed this year, we are going to focus on those bright ideas that will only serve to further the future of family law in a way that provides our clients, team and business, the opportunities that create a new reality full of endless possibilities. Internally, we will be focussed on technological advancement of our processes in such a way that it creates capacity for our highly skilled family law practitioners and support team to be the humans that they are, and leave the grunt work to the machines. Changes in our systems will mean that our clients and colleagues will have access to the best information at all times in a way that is efficient and cost effective for everyone. It is the human element that makes our family law team the best in field. Empathy is not learned, it is innate, and absolutely essential to ensuring that your family’s future is safeguarded when it seems to have been turned upside down.

We will continue to provide exceptional family law representation and advices to those that need us in all of our local communities. That will be done by your local family lawyers, who are fortunate enough to be part of the largest collective of specialist family lawyers in Queensland. A breadth and depth of community that was a mere vision back in 2009 for us, but now a reality. It provides our team with a multitude of viewpoints that enables us to sense-check everything that we do for our clients, and that it is the absolute best option and path forward for them. Something that is hard to emulate in a smaller team that doesn’t offer a variety of legal and life experience. It also means that we can provide opportunities to reduce costs for our clients, again hard to do without a depth of practitioners like we have on offer. We will also continue to provide the best options for our team as a community. Key to our success over the past 10 years has been our people; we’re like one big family with all that that entails. We’ve welcomed new people, had our happy, sad and tough moments, said farewell and good luck to others. The one constant has been that we have continued to share a sense of connection as a collective of people that truly have at their core a desire to help others to forge their new way forward whether it be our clients, community or each other. We take this opportunity to thank all of our team from across these last 10 years for making Best Wilson Buckley Family Law what it is today and what it will be into the future. Without you the vision would not be the reality that it is today.

Here’s to 2019 and our tenth anniversary year, one for the history books indeed. Issue Issue Ten Six

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

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