Family law can be very complex in Australia and even more so when in comes to the Court process. It can be very confusing, especially when it comes to making applications to Court for your family law process. 

The Federal Circuit and Family Court of Australia (FCFCOA) is the same for the majority of Australia. Being a family law firm based in Brisbane and the Gold Coast, we usually file applications in the Brisbane Registry, however from time to time need to file applications in other registries around the country. Fortunately, they are the same applications where the same family law rules and family law legislation applies. 

The purpose of an Initiating Application for Family Court is to start a family law application seeking interim and or final orders that are related to family law issues such as child custody, parenting issues, property division, spousal maintenance and divorce.

Let's start at the end…. You have finalised your family law matter after a long and hard road of negotiations and for some clients, the feeling of regret can creep in.  

Regret around the money you've spent on legal fees to get the result that you received, the regret of time that has been wasted in combat, regret about the way you may have acted, and most importantly the quality time you've lost with your children. 

Separation and divorce sucks! Going through a family law process can be the most frustrating process you will ever have to go through. Family law processes often take a lot of time because you are not in control of both sides of the family law negotiations and there is only so much that you and your family lawyer can do, to settle your family law matter in a timely fashion. 

So let's move away from the blame game and flick the switch for the most positive result for your family. 

Join Dannielle Young, as she gives a fresh perspective on changing the focus to the children and results for your children. 

If you are seeking further advice on your Family Law matter give us a call on (07) 5574 0971 to book your free initial consultation. 

Collective Family Law have a team of family lawyers in South East Queensland and we are ready to assist you. We help people in Brisbane, the Gold Coast, Cleveland and online if clients are remote. 

Book a free initial appointment here https://calendly.com/collectivefamilylaw/45min?month=2022-11

There can be many different types of people, services and roles that you may come across when you are going through a family law matter in Australia. 

Unless you are a lawyer or even a family lawyer, it can be difficult to understand who you need on your family law team to get the outcome that you want when it comes to your separation or divorce. 

It is confusing! 

Your legal team may have some or many of these people in it:

• You: This is obvious and important.
• Your ex-partner
• A counselor or psychologist
• Solicitor
• Paralegal
• Barrister
• Mediator
• Court Registrar
• Judge’s Associate
• Judge
• Honourable Justice
• Family consultant 
• Independent Children’s Lawyer
• Property valuer

Have a letter asking you to hand over personal documents for a property settlement matter?  What is that all about and do you need to provide them?

The short answer is – yes!

The exchanging of documents in a property settlement matter is known as Disclosure.  There is a duty and an obligation on parties in a property settlement dispute to make full and frank disclosure of information and documents that are relevant to any issues in dispute in the matter and that are relevant to their financial circumstances.

The exchange of disclosure documents will assist in determining the proper value of the property pool available between the parties for division. The documents will also help your lawyer figure out what likely adjustments you might be able to seek in your favour due to contributions you have made during a relationship.

Disclosure is exchanged even if your matter is not in court. The duty to exchange the documents actually forms part of the pre-action procedures that are mandated by the Court.

So for property matters parties are required to disclose all sources of earnings, interest, income, property, and other financial resources.  A party is also required to disclose information and/or documents about the property that has been disposed of or transferred following the separation.

If your matter sadly ends up before the Court to determine then you will be required to file an Undertaking which tells the Court you have made disclosure of what you are supposed to.  There are consequences for not complying with your duty of disclosure.

Did you know that there is a list in the Federal Circuit and Family Court of Australia specifically designed for pools where the net worth is $500,000 or under?

 The list is known as the Priority Property Pool List or PPP500 and it is designed (as is the rest of the system) to achieve a just, efficient and timely resolution of cases.

To be eligible into this special list of cases the following will need to apply:

1. The net property of the parties (including superannuation) is, or is likely to be, $500,000 or less

2. There are no entities such as family trusts, companies or self-managed super funds; and

3. Neither party seek parenting orders, child support orders or enforcement/contravention orders.

To commence a PPP500 case there are some filing of documents that are dispensed with to simplify the process, for example parties are not required to file an Affidavit of Financi

This week on the podcast, join Principal Caralee Fontenele, and JustFund Founder Jack O’Donnell and listen in as they discuss the benefits of JustFund legal funding for your family law matter. 

JustFund is a dedicated family law funding provider founded and run by lawyers, ensuring everyone can access quality legal advice and services regarding their family law matters related to property division. 

JustFund can help with the costs of legal fees, disbursements, counsel fees and other costs that may arise with your matter. 

Unlike a traditional bank loan, it is not based on your income and capacity to make regular payments. JustFund looks at your legal share of your property division and is only repaid at the conclusion of your family law matter. 

Who can access JustFund?

The ideal criteria for JustFund litigation funding is a client who has been in a relationship for a period of time and has a property with enough equity in your property pool to ensure you still walk away with money in your pocket after your matter is settled and is ready to move on with your life.

The process is as simple as providing the details of your matter and property pool, which can be done through your lawyer and receiving an answer within 24-48 hours, so you don’t need to prolong moving forward with your life. 

If you’d like to know more about JustFund and how we can help you move forward with your Family Law matter, book in for your free initial consultation. We offer initial face-to-face appointments in our Gold Coast, Brisbane and Cleveland family law offices or via zoom. Head on over to our website collectivefamilylaw.com.au or call us on (07) 5574 0971 to book your appointment. 

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In June 2022 the FCFCoA rolled out what they have termed a Critical Incident List.  The Critical Incident List specifically designed for matters where there is no available parent to care for a child due to death (including homicide), critical injury or incarceration due to family violence and where Orders are required so that appropriate arrangements can be made.

The list is a National list and is managed by the Honourable Justice Jacoba Brash.  The overarching objective to this list is to give access to and facilitate a prioritization of these matters within the Court system. It will allow matters to be dealt with on an urgent basis to facilitate a third party caring for and making decisions for a child or children where there is no parent as I described above. The list is National in all states and territories except Western Australia.

The Chief Justice of the FCFCOA, the Hon Wil Alstergren, noted that the process will help not only the children but their families as well:  “Family violence is a national disgrace, and far too often, results in the death of a parent at the hands of their partner or former partner… It is an extraordinarily tragic and stressful time for the children involved, and the extended family members who are suddenly left to pick up the pieces and care for the children and make arrangements for their health and education.”

Animals are sadly abused, beaten or tortured by abusive partners as a way to frighten their victims and as a way to control them. A lot of victims fleeing violence are forced to make difficult decisions and leave their much-loved pet members of the family behind. 

How sad is that when often, family pets are the ones who can bring comfort or when horribly the pets are also treated poorly by the abuser.  There is a statistic that 70% of women fleeing domestic violence also report pet abuse, and they also report this as another reason for delaying leaving the volatile situation.  The figure is about 25% of women who experience domestic violence will not leave the relationship due to concerns about the welfare of the family pet. 

Well, what some people don’t know is that DV Connect have a long-standing partnership with the RSPCA through a program called Pets in Crisis.  The program finds temporary housing for the family pets of those victims who are entering into a refuge or cannot house their pets immediately upon fleeing the violent relationship.

Tune in and have a listen as our Senior Associate Dannielle Young talks about pets and domestic violence and what assistance is out there for those fleeing an abusive relationship with a pet. 

At Collective Family Law, we offer a FREE initial appointment to give you the clarity you need to move forward with your Family Law situation. We offer initial face-to-face appointments in our Gold Coast, Brisbane and Cleveland family law offices or via zoom.