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So far avaldeadmin has created 203 blog entries.

A loan or a gift? It matters alot

1 February 2019

When separation occurs it is necessary to do a property settlement and that means calculate the value of the property pool. In doing that it is essential to know if there is a loan outstanding. Quite often at this stage, an alleged family loan is disputed on the basis that it was a gift. The [...]

Coping with Christmas – timely tips for separated mums and dads

27 November 2018

For most of us, Christmas is a happy time, a time when families and friends get together to swap presents and stories, share meals and homes and generally enjoy each other’s company. However, for families where parents are separated or divorced, Christmas can be a time of sadness, disappointment and disagreement and caught in the [...]

We’re separated but can we still run a business together?

5 October 2018

When finalising a property division, the Family Law Act is quite clear, that there should be finality. This means a ‘clean (financial) break’ between spouses with no ongoing financial connection. But what if there is co-operation and a jointly run business? The logic of final financial severance is that it avoids likely complications arising later [...]

What you need to know about Mediation

21 September 2018

What is mediation? Mediation provides an alternative to going to Court (letting a Judge decide your matter for you). It involves you and your former partner, sitting down with an independent third party (a "mediator"), who gives both of you an opportunity to tell your side of the story and attempt to help you [...]

“How to find the best Family Lawyer for you?”

25 August 2018

“Do you know a good family lawyer in Brisbane?” “Who’s currently the best family lawyer?” These are some of the first questions to be asked when someone separates. Like any area of life that is new, it’s human nature to want to find comfort and security in that new environment. That need is particularly acute [...]

Getting a second opinion

17 October 2016

Family Law is a complex and ever changing area of law. All of the lawyers at Michael Lynch Family Lawyers practice solely in Family and Relationship Law, we are often requested to provide a second opinion on legal advice people have received elsewhere. We are happy to assist in providing this Specialist assistance. To make [...]

Launch of New Legal Resource

18 September 2016

A new online DV resource has been provided to Judges across the country. The Australasian Institute of Judicial Administration (AIJA) has launched, the first stage of the National Domestic and Family Violence Bench Book. The release of stage two is anticipated in June 2017. The development of the resource was in consultation with Judicial Officers, [...]

Consenting ‘Without Admission’ – What Does That Mean?

23 August 2016

Agreeing to a Domestic Violence Order (DVO) being made 'without admission' is often considered the quickest and easiest solution when faced with a domestic violence application, especially in circumstances where the respondent does not wish to defend the action and agreeing to the order will not affect their livelihood (e.g. they don’t require a "weapons [...]

Disclosure – “But What if I’m Only a Discretionary Beneficiary?”

23 August 2016

In a property division under the Family Law Act each spouse has a duty to make 'full and frank disclosure' of all documents relevant to the case within their "possession or control". A recent case has considered whether a husband failed to disclose Trust documents when he was only a beneficiary to a discretionary trust. [...]

Life Expectancy & Property Division

23 August 2016

A person’s life expectancy can be taken into account in determining a property division. It could be considered in terms of the 'percentage division' when looking at the 'future needs' component for each spouse. An appeal was recently granted where the trial judge had made the finding that the husband's 'future needs' in the context [...]