Commercial Law | Business Lawyers| Brisbane Law Firm

 

Buying and Selling Commercial Real Estate

This process takes many forms due to differences and restrictions on the potential use of your commercial property as well as location, and cultural significance. This makes it essential to ensure that your interests are catered for in the contract terms and conditions. (Commercial & Business Law)

Here at Aylward Game Solicitors, we will help you in the preparation of the following documents that are needed in all contracts.

• Standard form REIQ commercial land and building contracts with tailored special conditions to suit your requirements.
• Special purpose property contracts.
• Development contracts for the proposed acquisition of properties for either development or subdivision.
• Off-the-plan contracts for the sale of your future property
• Put & Call Options and Master Put & Call Options
• Contracts where part of the purchase price is funded by an array of vendor finance arrangements.
• Commercial leases that include Retail Shop leases

Commercial leases (for landlords and tenants) including Retail Shop leases
We have the knowledge and experience in leasing transaction requirements hence we will help you in case you are the landlord, tenant or assignee as well as on your commercial, industrial and retail properties.

RESIDENTIAL CONVEYANCING

Residential Conveyancing Expertise

We, at Aylward Game Solicitors,  will provide you with the necessary legal advice and services that relate to your residential conveyancing requirements including preparing contracts and contract special conditions.

Buying and selling of a residential or an investment property is a great financial transaction that needs to be taken seriously.

This is because property conveyancing transactions generate complex rights and obligations that affect the parties involved and have adverse effects if they are not taken into serious consideration. Aylward Game Solicitors will help you in the protection of your rights and obligations.

Legal Experts in Brisbane Conveyancing

Founder Mark Game, Conveyancing expert in Brisbane, experienced in a wide range of conveyancing issues that include selling and buying of existing houses, residential units and townhouses. They also deal with new houses and the purchase of property within a self-managed superannuation fund.

 

 

They will advise you on the advantages of the self-managed superannuation fund and the penalties associated with non-compliance. They will also ensure that you undertake your transactions correctly so that you can enjoy the advantages of using the funds fully.

Finally, we at Aylward Game Solicitors are obliged to ensure your transactions are documented properly using the right documents before being stamped, and ensure that the ownership of properties is registered to the right entities.

SMSF PROPERTY

Buying Property within a Self Managed Superannuation Fund

There is a marked increase in the number of investment properties being purchased within a Self Managed Superannuation Fund, and there can be many advantages to utilising this structure.

However, the penalties for non-compliance with the Superannuation Industry Supervision Act can be very significant. It is vital to ensure that these transactions are undertaken correctly, otherwise, the tax advantages of using this structure may be lost.

Looking to Find A Conveyancer in Brisbane?

We have experience in all areas of Property-Law in Brisbane including Property Contract Termination to ensure that these transactions are properly documented, the right documents are properly stamped and the right entities are registered as owners of the property.

Looking to save money and get cheap conveyancing in Brisbane?

To discuss your matter, please contact us at your earliest convenience for a Free Case Review.

Contractual Arrangements

Dealing with contractual arrangements and agreements

Shareholders, partners, and co-operators may enter into a contract to agree on their needs or wishes before leaving or establishing the business law. They may arrange independent contractor arrangements, consultancy agreements, agreements with customers, service providers, and suppliers or employment contracts. Documenting what has been agreed between you and your business partners is very important to properly secure both of your rights and interests as well as prevent misunderstanding in the future.

Aylward Game Solicitors can provide straight-forward and practical assistance in arranging these basic contracts:

• Partnership agreement for individuals creating a partnership
• Shareholder agreement for a particular company
• Employment agreements between the employer and all salaried staff
• The standard form of Terms of Trade or Supply Agreement between the company and suppliers that provide services and products to them or their customers
• Special purpose contracts entered into by parties due to unusual circumstances.

Franchise Agreements

Aylward Game Solicitors can assist you to prepare Franchise Agreement, acquire or set up a new or existing franchise business law and understand the consequence of a transaction you’ve just entered into, including:

• The effect of paying the upfront costs to the franchisor
• Ongoing cost and expenses of the franchise and the terms to increase or change them
• Restrictions of the business law operations
• Selling and assigning franchising rights
• Cost and liability of transferring a franchise
• Leasing business premises or getting a license to occupy the franchisor’s premises

Trusts & Corporate

In building and starting your business operation, the impeccable service of Aylward Game Solicitors can help you develop the best structure. They guide clients in carefully thinking and considering their individual circumstances and the means to be used in operating their business.

To ensure you got all your rights and interest covered, they liaise with your accountant and financial advisor during the consideration process.

Article Source: Commercial Law

Commercial Litigation | Brisbane Solicitors

 At Aylward Game Solicitors we are able to assist you to protect and/or defend your legal rights and entitlements in all Queensland Courts (including any tribunals where parties are able or have been granted leave, to be legally represented) and all Federal and Circuit Courts (including the High Court of Australia). We have strong ties with similar firms in Sydney and many parts of Australia.

Our focus at Aylward Game Solicitors is always to take a practical approach to dispute resolution and wherever possible we will endeavor to obtain resolution for you by negotiation or mediation before commencing or pursuing formal legal proceedings or commercial litigation. Litigation, like surgery, is a last resort. It’s a bloodsport, one party wins and the other loses.

What is Commercial Litigation?

There are three tiers of commercial litigation: Top-tier, Mid-tier, and Entry-tier.

Top-tier

On the top tier are the big banks and the top 100 ASX companies paying the mega law firms thousands of dollars per hour to engage in a veritable boxing match. It is highly important litigation as it often ends up before Courts of Appeal, if not the High Court of Australia. The decisions of these Superior Courts form the very heart of Australia’s doctrine of precedent, ‘judge-made’ law.

Mid-tier

On the next tier are the David and Goliath struggles. Again, the protagonists are often big banks and the top 100 ASX companies. The dramatis personae could also include the Australian Tax Office (ATO) or the Australian Competition & Consumer Commission (ACCC)). Poor old Mr. Widget or Widget Pty Ltd really face the prospect of going to the wall. The mega law firms, for client Goliath, are ranged against much smaller firms, for the smaller client.

Surely the Goliath’s will do a cost/benefit analysis of funding each step of the litigation? Wrong. Disabuse yourself of this notion immediately. The Goliath’s have very deep pockets and implicitly understand that the contrary applies to Mr. Widget or Widget Pty Ltd. Put simply, it is a war of financial attrition. They go for broke – literally. To use a sporting analogy: who would you back in a Rugby international between the Springboks and Japan? (Well there was that 2015 Rugby World Cup upset).

You will lose unless your lawyer can skillfully extricate you through alternative dispute resolution.

Entry-tier

This is Mr. Widget or Widget Pty Ltd verse Mr. Gadget or Gadget Pty Ltd in all levels of Courts but particularly inferior Courts of record such as Magistrates Courts, the District Court and tribunal such as QCAT.

Can Aylward Game Help?

• Top-tier? No;
• Mid-tier? Yes.

In recent times Aylward Game has been on the record in litigation in Superior Courts in matters as diverse as:

• Assignment of proprietary interests in commercial litigation;
• Contentious discovery and disclosure issues in fiduciary relationships;
• Unfair preferential dividends in corporate insolvencies;
• Unconscionable conduct in trade or commerce;
• Entry-tier and mid-tier is no problem.

COMMERCIAL LITIGATION SERVICES

Debt collections, Corporate and Personal Insolvencies are our bread & butter.

We can assist you with breaking leases, body corporate disputes, breach of trust disputes and estate litigation.

Engage in Alternative Dispute Resolution (ADR) – Do not hide from your creditors: talk with them.

A vital part of commercial litigation is the negotiation /mediation /Alternative Dispute Resolution mosaic.

At the end of the day most litigation boils down to cold hard cash (or lack thereof).

Many a creditors petition for bankruptcy has been withdrawn on the basis of successful negotiations to pay a lesser (but still fair) sum in dispute. For example, many creditors would prefer to accept 50% of debt than proceed to bankruptcy.

On a more formalized level a bankruptcy may be avoided by what is known as a Part 9 or Part 10 agreement. (Similar agreements apply in corporate insolvencies).
Be forewarned – litigation like surgery is a last resort!!

Franchise Agreements

There are not enough entrepreneurs in Australia. Get out and have a go.Allied commercial /business law issues

Also, attendant to having your own business is diverse issues (and for each of these issues are legal issues that fit like a hand into a glove) for instance:

• Franchising / Licence agreements;
• Premises: negotiating a lease;
• Insurance;
• Cash flow, Rent, wages and utilities go out each and every week. Do funds come in at the same frequency;
• Do you sell your invoices to factoring agents?
• Contractual relationships with suppliers and customers;
• Intellectual property: do you or your staff on this?
• Hiring / Firing staff;
• Staff embezzlement investigations;
• Taxation;
• Protecting your personal assets if your business fails. Would you be better off being a sole trader, such as Mr. Widget, or a company Widget Pty Ltd;
• If your business fails, how do you extricate yourself from the fallout;
• Succession plans for your business. What happens if you become seriously ill or worse? Do you entrust your business to your buffoon son, or a trusted business adviser?

BUSINESS MEDIATION

Because of the impact of business disputes, they can be time sensitive. This makes it crucial to receive precise and immediate advice on all issues in relation to the legal dispute, including possible outcomes.
Disputes are a part of business, and having a lawyer to call when these disputes happen is important to the survival and prosperity of your business.
At Aylward Game we regularly deal with these issues on both a Transactional Basis and/or Litigation basis.

Aylward Game Solicitors, keeping you ahead of the game.

Family Mediation | Family Mediation Brisbane

 

Aylward Game Family Law Brisbane specialise in Mediation and Family Dispute Resolution.

A service to help separating families resolve their family law disputes. The Family Dispute Resolution Service offered by Aylward Game Solicitors Incorporating James Noble Family Law includes family law education, legal information, family counselling, dispute resolution, family conciliation, and group work to help couples who are separating to resolve their family law disputes. These disputes may include conflicts over child care, child support, financial arrangements, and property settlement.

Traditional Family Law Mediation or Mediation Without Lawyers. We have options to help you reach a resolution without high legal costs

Mediation is a style of dispute resolution where an independent person helps you and your ex-partner resolve any disagreements. This can be for the division of property, child support, parenting issues, or spousal maintenance. Mediators do not give legal advice. They assist the parties to negotiate an agreement that is fair. Family Law offers a mediation service.

Family Dispute Resolution endeavors to help separating couples reach agreements that are in the best interest of their children. It also encourages separating couples to parent cooperatively. Parenting Plans or agreements are typically used to assist in this process.

Collaborative Practice – the new alternative to litigation

Collaborative practice is a popular dispute resolution method developed in the United States in the early 1990s. It has gained rapid popularity in the United States, the United Kingdom, and Canada. Now Collaborative practice is available to help people in Australia.

Benefits of Collaborative Practice

• You have the benefit of being advised and supported by your lawyer at all times.
• The outcomes are generally faster than traditional negotiation methods and most certainly quicker than court outcomes.
• The outcomes are certain and long-lasting because they are owned by you as you assisted in creating the outcomes.
• The process promotes co-operation in the future, particularly where long-term investments are involved.
• Resolutions are reached in a dignified and respectful way.
• The outcomes are often tailor-made and more creative providing fairer settlements. 

The collaborative practice may be suitable for you and your partner if both of you:

• Wish to spare your children from the emotional damage litigation can cause.
• Accept personal responsibility in moving forward and reaching an agreement.
• Believe it is important to create healthy and more holistic solutions for your future.
• Understand and embrace the necessity to make full and frank disclosure about financial issues.

The collaborative practice may not be suitable for you and your partner if either of you:

• Have a primary aim to seek revenge against your former spouse or partner.
• Are looking for a “soft option”.
• Believe the procedure will pressure your spouse or partner to agree to your wishes.
• Want to avoid giving certain financial information to your spouse or partner.
• Where your relationship has experienced domestic violence or any form of abuse. If this is the case, the lawyers will first have to determine whether Collaborative practice is appropriate. It may be that other professionals are required to be involved to assist and support you through the process and to ensure that your interests are promoted and protected.

Make your own decisions 

The Collaborative approach will enable you and your partner to resolve your issues respectfully so that you can arrive at dignified solutions to your dispute with your partner and maintain a sound relationship with each other in the future, especially if long-term financial interests are involved. In the Collaborative practice process, the emphasis is placed on reaching an agreement, rather than having to ‘battle it out in Court’. 

In the Collaborative practice, you will be asked to sign a Participation Agreement so that you demonstrate your commitment to resolving your differences with your partner in a respectful manner, with full and frank disclosure of information, and with a minimum of conflict. Open communication will build an environment of trust. This trust will help you, your partner, and both of your lawyers to work together in finding workable solutions to your dispute.Commitment to the non-confrontational dispute resolution 

In Collaborative practice, you and your partner and your lawyers will work together to share information and to arrive at solutions through a series of meetings. Your lawyer will never negotiate deals without your active participation. A major benefit of Collaborative practice is that you and your partner can each contribute to the compromised agreements that you make together, instead of having to settle with a decision imposed upon you by the Court.

Total ‘out-of-Court’ settlement with Collaborative practice 

At the commencement of the collaborative process, all parties and their lawyers will enter into a Participation Agreement. Pursuant to the terms of the Participation Agreement the parties agree that they will not litigate their matter in the Family Court. This means that if either you or your partner decides to commence proceedings in Court and continue with such proceedings during the collaborative process, your collaborative lawyer will not be able to represent you in the collaborative process they will only be able to refer you to another trusted practitioner to handle your Court case.

How does it all work?

Collaborative practice is different from going to Court. You will be in a room with your lawyer as well as your partner and their lawyer. Both lawyers will be properly trained in the collaborative approach. We all work together towards the common goal of resolving the dispute between you and your partner, with emphasis on retaining your dignity and best interests.

You will have your collaborative lawyer advising and assisting you throughout the negotiations. The playing field will be more even between you and your partner because you and your partner will have your respective lawyers to support you, as well as other professionals if necessary and with your consent.

The integrated approach of Collaborative practice

Collaborative lawyers often work with other professionals, such as accountants, financial planners, valuers, counselors, and mental health professionals, who are trained in the collaborative approach. These people will work together with your collaborative lawyers with your consent with a focus on developing an overall dispute resolution package that will provide both you and your partner with security and direction.

Note: In Collaborative practice, your lawyer and your partner’s lawyer will draft your agreement in legal terms.

Overview of Mediation

Mediation is a voluntary process, but the Family Court may order that you and your partner participate in mediation, depending on your circumstances. Only you, your partner, and the Mediator will be part of the Mediation process. Depending on the level of conflict and personal dynamics of the relationship between you and your partner two Mediators may be necessary.

Role of the MediatorIf the Family Court orders mediation or you and your partner agree you may be allowed to have your lawyer present in the mediation. The Mediator’s role is to assist communication between you and your partner so that you can have open discussions and negotiate a settlement.

The Mediator’s aim is to facilitate open communication between you and your partner so that you can:

• identify issues of the dispute;
• generate options to address these issues; and
• agree upon ways to resolve the issues (i.e. ‘settlement’).

The Mediator’s role is essentially a neutral one. The Mediator:

• will not take sides;
• will work with both you and your partner to help you negotiate your own decisions together; and
• will not represent either of you in Court either before or after the Mediation.

Characteristics of Mediation

• All decisions in mediation will be made by you and your partner, not the Court or anyone else.
• The mediation will help you to identify important issues that relate to your assets and finances and/or care arrangements for your children.
• Mediation is readily accessible, making it fast and efficient.
• Mediation is a popular form of alternative dispute resolution. 

What is the difference between Collaborative Practice and Mediation?

Mediation involves an independent neutral professional who facilitates discussions between the parties and helps them to reach an agreement. The Mediator does not provide legal advice to either party during the discussions.

In Collaborative Practice, the lawyers provide advice to their clients and help them assess realistic options. The lawyers then support the clients through the negotiation process to reach an agreement.

Costs associated with the Collaborative Practice and Mediation

• Initial consultation with your lawyer.
• The assistance of the lawyer to complete a short history statement, if necessary.
• The assistance of the lawyer to provide full disclosure of documents, if necessary.
• Attendance by the lawyer in the Mediation session and in the Collaborative meetings.
• Attendance by the lawyer in the Mediation, or throughout the entire collaborative process.
• Preparation of consent documents by the lawyers.
• Involvement of the lawyer throughout the collaborative process.

Other information relating to costs of Collaborative practice and Mediation

• Discussions and agreement on the payment of the fee.
• The fee may be a shared arrangement.
• The costs of the Mediator will be agreed upon prior to the commencement of the process.
• Because of the short duration for the preparation for attending to and completion of the Mediation and Collaborative practice processes, the costs are limited.

Cost of Collaborative practice Mediation compared to Litigation

Because Mediation and the Collaborative process resolve matters speedily and amicably, the financial and emotional damage normally caused by Litigation will be avoided by you, your family, and your friends.

Mediation and Collaboration will also serve to minimise conflict between you and your partner so that you can make amicable decisions regarding your finances and other personal interests. It will form a basis for your ongoing relationship with each other.

When one party commences Court proceedings they file an Application with the Court setting out the orders they want the Court to make. Both parties then go through a sequence of Court proceedings and conferences and hearings that can take many months or possibly years before they have a final trial where a Judge makes a decision as to what orders will be made.

How is Collaborative practice different from traditional Court proceedings?

Through Collaborative practice, separating couples and their lawyers work together, sometimes with other professionals such as relationship therapists, valuers, accountants, and financial planners, to find out what each party wants and how that can be achieved. The Court is not involved in this process and no documents are filed with the Court whilst the negotiations are ongoing. If an agreement is reached, the parties can elect for it to be drafted as a consent order to be lodged at the Court or to be incorporated in a binding financial agreement.

Don’t be frightened to make inquiries and conduct your own research. It is better to be empowered with legal and other knowledge than to worry about problems that may not exist.

Invitation: You are welcome to arrange an obligation-free 20-minute consultation with one of our qualified lawyers, to discuss your circumstances.

The efficiency of Collaborative practice and Mediation

Dispute resolution via Mediation or Collaborative practice can be arranged in a timely manner and satisfactory outcomes can be reached relatively quickly. With either method, negotiations usually take place either over a number of sessions or during one day, depending on the complexity of the dispute. By using either Mediation or Collaborative practice settlements can usually be reached after 6 to 8 hours of negotiation. Sometimes, Collaborative practice may take longer depending on the complexity of the dispute and whether other support professionals need to be consulted.

Aylward Game Solicitors Incorporating James Noble Family Law Brisbane specialise in Mediation and Family Dispute Resolution.

A service to help separating families resolve their family law disputes. The Family Dispute Resolution Service offered by Aylward Game Solicitors Incorporating James Noble Family Law includes family law education, legal information, family counselling, dispute resolution, family conciliation, and group work to help couples who are separating to resolve their family law disputes. These disputes may include conflicts over child care, child support, financial arrangements, and property settlement.

Traditional Family Law Mediation or Mediation Without Lawyers. We have options to help you reach a resolution without high legal costs

Mediation is a style of dispute resolution where an independent person helps you and your ex-partner resolve any disagreements. This can be for division of property, child support, parenting issues, or spousal maintenance. Mediators do not give legal advice. They assist the parties to negotiate an agreement that is fair. Family Law offers a mediation service.

Family Dispute Resolution endeavors to help separating couples reach agreements that are in the best interest of their children. It also encourages separating couples to parent cooperatively. Parenting Plans or agreements are typically used to assist in this process.

Article Source: Family Mediation Brisbane

Why Divorce Rate in Australia been increasing for years?

Lawyers see a 40% increase Divorce Rate in Australia has been constant for years – but this year it is on the move. Corona divorces have been causing a rush to court since this summer; delays are to be expected. It is no secret to anyone that a considerable percentage of marriages end in divorce Qld. But really, how many marriages end in divorce? Below we publish the rate of divorces according to official data from the last 10 years, and we compare them with other countries.

In our country, in the last decade, the average age at which men marry for the first time has been 35 years, in the case of women, the average age is already 33. Regarding the number of marriages, in Australia, the average for the last decade is about 165,000 marriages a year. Do you want to know how many of them fail? Let’s see why they fail and what percentage of divorces there is in Australia.

According to the latest data published in Australia in 2020, there were 97,960 divorces. Looking at the duration of the marriage, it turns out that there were 240 divorces whose marriage had lasted less than one year. If we expand the time range, there were 1,571 divorces from weddings that had been less than two years old. And if we grow a little more that year, there were 2,782 divorces from couples who had been married for less than 3 years.

Therefore we see that most marriages do not fail in the first years, but naturally, life as a couple can go through difficult times, some factors such as the ones we have mentioned can lead to divorce or love may end.

What percentage of marriages end in divorce?

While the new figures from Statistics Australia  2019 show an around 47% standard for Australia divorce rate, this year it will be exciting: 2020 is already a year of divorce. Summer is an extreme time for a divorce in Brisbane. But this summer we registered an increase in the divorce rate in Australia by another 30 percent.

Social isolation exposed affairs

Estimates that 80 percent of marriages fail because of cheating. “As has been shown, affairs quickly break out during mutual social isolation. Because today a lot of evidence is digital – for example, photos on the cell phone or WhatsApp messages. During the Corona period, some people became careless, practically cheated in front of their partner, and then left their cell phone lying around unlocked.

Definition and Requirements of a Consensual Divorce Brisbane

A divorce does not have to be a reason for the spouses to part ways in a war of roses. If both spouses want a divorce, and there are no disputes on any other divorce-related issue, a consensual divorce is an option. The term of the consensual divorce is no longer anchored in law, but instead describes certain circumstances that can arise in the context of a typical divorce Qld.

In addition to the general requirements for divorce, such as waiting for the year of separation according to the Australian  Civil Code (exception: lightning divorce), the spouses must agree on the consequences of the divorce in the event of mutual divorce.
Also includes:

• The custody and access rights for the children
• The maintenance
• The dissolution of the household effects
• The division of property

The consent must be evident from the application for divorce. The appointed divorce lawyer takes care of this and applies it to the competent court.

Why do divorces occur?

No one said marriage was easy, and many factors can lead to failure. From the outset, it isn’t easy to get it right when choosing a person with whom you are going to share the rest of your life. Then there are the circumstances, for example, if economic, health, family problems, mistreatment, or infidelity arise.

As if all this weren’t enough to shake expectations, having children will be the ultimate stress test. Many people do not accept the fact of taking a back seat, or the sacrifices that parenthood implies, or they feel that their partner has changed and is not the same.

Increasing Divorce Rate In Australia

Costs and Savings in a Friendly Divorce Brisbane

The typical cost of a divorce consists of legal and court costs. The amount of both fees is based on the so-called procedural value, which depends on the income and assets of the spouses. A general figure is therefore not possible. Court costs are only incurred for the consequences of the divorce, about which the court has to act.

Usually, each spouse pays their own lawyer’s costs plus half the court costs. In this case, the 50% sharing of the legal fees should be contractually agreed in advance utilising a cost-sharing agreement between the spouses.

If this is the case, each spouse only pays half of the costs otherwise incurred. If you want to get a divorce from Brisbane, you shouldn’t be afraid of the divorce costs. If the financial means are not sufficient for a divorce Qld, the court and legal expenses will be covered by the state – and the chances of this are good.

Process and Duration of an Amicable Divorce

The process of mutual divorce is no different from regular divorce proceedings:

• After the end of the year of separation, applying for divorce at the court. Only a lawyer is authorised to do so because of the compulsory lawyer.
• Payment of advance court costs for the court to act.
• Service of the application for divorce to the other spouse (respondent) by the court.
• Unless previously excluded: pension adjustment. This happens automatically if the marriage has lasted at least three years. In the case of shorter marriages, the spouses must apply for it to be carried out.
• Divorce date and divorce decision in court, at which both spouses must be present.

With the increasing divorce rate in Australia, the length of the divorce proceedings always depends on how many disputes exist between the parties, and how overloaded the courts are. In contrast to a contentious process, the court does not have to deal with the disputed consequences of the divorce, so that the duration of the proceedings is significantly reduced.

• An amicable divorce without the implementation of the pension adjustment can be completed after approx. 2-3 months.
• If the amicable divorce is carried out with equalisation of benefits, it is more likely to take about 6-12 months.

Pros and Cons of a Friendly Divorce

As stated earlier, a friendly divorce has advantages and disadvantages.

Benefits:

• Cost savings :
  1. Only one lawyer needs to be hired. With a corresponding sharing agreement between the spouses, this results in a reduction in legal fees by half.
  2. There are no court costs for settling the consequences of a divorce if the parties have already agreed on this out of court.

• Time-saving:
  1. The separation period of at least one year instead of three is sufficient to assume that the marriage will break down.
  2. A single court appointment is usually sufficient, as there are no disputes about the consequences of divorce, and there are no corresponding judicial negotiations.

• Disadvantage:
  1. If only one lawyer is hired: Only the partner who has hired the lawyer will be represented by a lawyer. Counseling for both spouses is only possible if the mutual interests of the spouses are balanced, i.e. with the full agreement of the spouses.
  2. The spouse without their lawyer is mainly incapable of acting in court because of the compulsory lawyer.

This risk can always be avoided if each spouse engages his or her lawyer despite the mutual agreement. You then have to bear the full legal fees – but you can be sure that you have received good advice and that fair arrangements have been made. The cost savings in terms of court costs, as well as the accelerated process flow, then remain with the parties where the divorce rate in Australia is increasing.

Expert Brisbane divorce lawyer

If you are interested in the percentage of divorces in Australia because yours is going through difficult times, our recommendation is to seek advice as soon as possible. In this way, reliable and personalised information is available. In this way, many fears and uncertainties are avoided, you will know what the costs are and the procedures that must be carried out.

Increasing divorce rate Australia Aylward Game Solicitors has offices in Brisbane, Gold Coast, Sunshine Coast, Australia. You have to call 1800 217 217 (Free),07 3236 0001 or send the following email mail@aylwardgame.com.au for divorce in Brisbane. Our expert divorce attorneys will be happy to assess your case and offer you all the advice you need.

Frequently Ask Question 

What is the divorce rate in Australia?

Lawyers see a 40% increase in Divorce Rate in Australia.

Which judge is competent?

In principle, the competent judge is the Family Judge of the place of residence of the family.

Who can sue for divorce?

Only the spouses can act in divorce. The couple’s children or third parties cannot work in a spouse’s place, even if the latter dies during the procedure.

How to legally define divorce, Brisbane?

Divorce is a dissolution of marriage, pronounced by the judge, at the request of the spouses or of one of them, in the cases provided for by law. Divorce is not the nullity, that is to say, the retroactive destruction of the marriage, declared by the judge in the event of failure of a condition of marriage formation.

Is the assistance of a lawyer compulsory?

Yes, the assistance of a lawyer is compulsory for a divorce.

• More information on “Divorce Rate in Australia.”

Article Source: Divorce Rate Australia

Who’s Your Daddy? DNA Testing In Court!!

DNA testing in Court: The question of a child’s paternity is a matter that commonly arises in Family Law disputes. Refusing to participate in a court-ordered DNA test is held to be a deemed failure of the test that results in a finding that the man is the father.

While a simple DNA test can shed light on the identity of a child’s biological father, there are of course other issues that need to be considered, including the payment of child support to the child’s mother.

If you discover that you have paid child support to a mother, and have subsequently found out that you are not the child’s biological father, the law allows you to apply to the Court for the child’s mother to repay those child support payments to you.

The first step will be obtaining a Court approved paternity test to show that you are not the biological father of the child. If you are unable to carry out a paternity test, this does not prevent you from making an application to the Court, however, you will then need to ask the Court to make an order that the paternity test is carried out.

DNA Sample

If you can obtain the necessary DNA sample and it is confirmed that you are not the biological parent, you will then need to urgently apply for an order for a declaration that you should not be assessed in respect of the costs of the child, and also a repayment order for any child support paid to date.

When considering your application, there are a number of factors the Court will take into account, such as:

• Whether the payee or payer knew or suspected, or should reasonably have known or suspected, that the payer was not a parent of the child. If she knew and didn’t tell you it will assist your position. If you suspected you were not the Father or arguably had good grounds to suspect you were not but did nothing about it, it will not help your position.
• Whether the payee or the payer engaged in any conduct (by act or omission) that directly or indirectly resulted in the application for administrative assessment of child support for the child being accepted by the Registrar. Basically, the circumstances in which the application to the CSA was made and accepted are considered by the Court. It may or may not affect the Courts view.
• Whether there was any delay by the payer in applying to the Court for a declaration once he or she knew, or should reasonably have known, that he or she was not a parent of the child. This is key, delay on your part in acting once you have suspicion or knowledge will count against you.
• Whether there is any other child support that is, or may become, payable to the payee for the child by the person who is a parent of the child. The Court will consider whether there is any prospect of child support being paid by anyone else.
• The relationship between the payer and the child and,
• The financial circumstances of the payee and payer.

As soon as you become aware that you may not be the biological father of the child, it is imperative that you seek legal advice and take steps as a matter of urgency. Ultimately, learning as much as you can about court-ordered DNA tests helps you to follow the required steps appropriately.

 

These types of applications can be complex in nature. If you are contemplating making an application, or have concerns about someone else bringing an application against you, we strongly recommend that you seek legal advice. Our Brisbane Family Law team at Aylward Game Solicitors has experience in matters of this nature. We offer free 20-minute telephone consultations and invite you to call our office at any time on 1800 217 217.

Article Source: Court-Ordered DNA Test