Services

Fixed Fee Conveyancing

Sale $660 (inc. GST) plus outlays

Purchase $1,200 (inc. GST) plus outlays

We have had some changes to our conveyancing team and our friendly, professional staff are here to serve you. We offer fixed-fee conveyances for most conveyancing matters. If you have managed to negotiate a price on the home of your dreams, bring your contract to us before you sign it and we will check it for you. If the contract does not proceed we will not charge you any fees for this service. If it does proceed, this service is included in our fixed fee.

Moving house is challenging and can be challenging at any stage in life. Whether you are a first homebuyer, a seasoned investor, or maybe downsizing in your retirement, we can manage the legal process for you to save you time and give you peace of mind. We make it simple for you.

Our conveyancing team have decades of combined experience and are experts in ensuring your sale or purchase is stress free so you can focus on the task of moving into your new home. We conduct all searches, lodge forms and arrange settlement for you and you’ll hardly have to do a thing.

As one of the longest established law firm on the inner-southside, we have a lifetime of local knowledge. Our conveyancing department is well known and respected by other conveyancing teams and local agents. And being a local firm that means that you avoid the big city-firm prices and we also have free, onsite parking.

We offer a straightforward promise to you – we will provide you with a great service that suits your needs and your budget. And just because we fix the price this does not we cut corners on service. You can call us any time with any question about conveyancing and our team will guide you through the process. Or, if you have a more detailed enquiry you can speak directly to our lawyers.. You will experience professionalism with a small firm local flavour when you engage us. We have generations of return clients and we aim to have you return to us each time you take a step on the property ladder.

Our principal lawyer, Mr Ian Bartels, has many years experience in family law. He brings a wealth of experience to the firm in all property. Our firm has assisted clients to resolve their matrimonial matters be negotiation or mediation, and if necessary, guided them through the complex court process to achieve the right result.

It is always our aim to resolve your matter in the most efficient and cost effective way for you. While not always avoidable, resorting to court proceedings in family situations is, in our view, a last resort only because of the expense to both your bank account and your personal relationships. Unfortunately there are some cases where parties do need the help of a Judge to resolve matters on a final basis and we offer a cost-effective service if this is the case for you. By engaging your local law firm you can avoid those city-firm fees and overheads and still achieve a great result. Plus, with a small firm you get personal service and a dedicated solicitor working on your matter from start to finish.

It is our aim to help you negotiate your way through your family law matter with as much support and advice as your circumstances require. We will always be there for you and we will assist you in a professional manner and advocate for you to get the best outcome for you and your family.

• Fixed Fee Divorce from $1,650.

In Australia almost 50,000 couples divorce each year, and nearly half of those couple have children under 18. The introduction of ‘no fault divorce’ in 1975 was a social revolution in Australia. There is no longer a need to prove to a court that one of the parties was the cause of the breakdown of the relationship. The breakdown of the marriage under the ‘no fault’ principle is evidenced by at least 12 months separation. We understand that some clients find the granting of their divorce liberating and a step towards getting on with their new life, others can struggle with the finalisation of the relationship and can find coming to terms with divorce challenging. We offer personalised service and we are sensitive to your situation, no matter what your feelings are to the process.

Applications for Divorce

Either party can apply to the Court for a divorce order, called a decree nisi, however in Australia nearly half of Applications for Divorce are made jointly. There are very limited circumstances in which a party can oppose an Application for Divorce and such grounds are generally procedural only. While applying for a divorce is not overly complicated, there are strict requirements to satisfy in order to have a decree nisi. To avoid any delay and added expense you can instruct us to make your Application on your behalf. We can act for either party, or both parties in the case of a joint Application.

Our fixed fees for a joint Application for Divorce are $1,650 (inc GST) including outlays and filing fee of $865. Where you are applying alone there are some additional service requirements so our fee is $2,200 (inc GST) including outlays and filing fee of $865.

Property

• Fixed fee Family Law (Property) Solutions

Couples generally bring property into a marriage, acquire property during the course of the relationship and then acquire property after separation. The property the parties own at any stage of a relationship is called the ‘property pool’.

The entitlement to a share of the property pool at the end of the relationship is decided according to the factors set out in the Family Law Act 1975. These factors include what contributions each party made to the property before, during and after the relationship, the length of the relationship and the number and age of children, and the future needs of the individuals. We can assess your entitlement to the property poo according to the Family Law Act and help you to negotiate a settlement with the other party.

Financial Agreements

Sometimes parties are able to agree between themselves about how the property pool will be divided at any stage of the relationship. The Family Law Act provides for agreements to be made at the beginning, during or at the end of a relationship without the need for costly court proceedings.

The main benefit of a financial agreement is the low cost. Parties are able to come to their own arrangements about the division of the property pool and give this agreement certainty and legal force by entering into a financial agreement. These agreements are also usually much quicker than other property arrangements so parties are able to resolve their financial relationship on a final basis in a timely fashion.

There are some formalities required to make such agreements binding upon the parties and we provide a comprehensive service for drafting agreements at any stage of the relationship.

Our fee for writing a standard financial agreement under the Family Law Act is $2,000 plus GST.

Independent legal advice on Financial Agreements

Both parties to a Financial Agreement made under the Family Law Act must receive independent legal advice. We will attend upon you to provide you with comprehensive advice on agreements drafted by other solicitors. Once we have provided that advice to you, we will sign the Certificate of Legal Advice and follow up with a letter to you explaining our advice for your records and future reference.

Our fee for providing independent legal advice on Financial Agreements written by other solicitors is $500 plus GST.

Consent Orders – Property

Not all matters are suitable for financial agreements. Sometimes a more formal process is appropriate.  Parties who agree how the property pool should be divided can make an application to court to have that agreement formalised. If the court considers the agreement to be fair according to the factors in the Family Law Act then approves the agreement and makes court orders in those terms. The advantage of Consent Orders is that these orders are enforceable and there are only very limited circumstances in which these orders can be changed. This gives the parties the highest degree of certainty and peace of mind.

Our fixed fee for Consent Orders includes preliminary negotiations, drafting, attendances with you and filing the Application and the filing fee.

Our fee for standard Consent Orders for property matters is $5,000 plus GST.

Mediation

Mediation for family law matters is cost effective and in most cases successful process to help the parties come to an agreement. A mediator is a specialist lawyer who has extensive training and expertise to assist and guide the parties through the process and to come to an agreement that is acceptable to both parties and the court. Mediated agreements are usually formalised by Consent Orders.

It should be noted that some matters, for example where there is a history of domestic violence, might not be suitable for mediation. However, when parties decide, or are ordered by the court, to participate in mediation we prepare all of the documents and make the arrangements for you. We also attend the mediation and advise and advocate for you on the day.

Our fees for this will depend on the complexity of your matter, however we are happy to consider capping fees for clients so that you know the maximum costs before you proceed. These arrangements can be discussed with clients on a case-by-case basis. Please contact our office for further details.

Contested Proceedings for Property Orders

While the majority of family law property matters are resolved without having to resort to litigation, there are some circumstances where the parties need a judge to decide for them how the property pool will be divided. In this case one of the parties may make an Application to the court for property orders. This usually only happens where the property pool is large and complex, or where the parties have exhausted all other avenues to come to an agreement.

As with mediation, our fees for litigation will depend on the complexity of your matter, however we are happy to consider capping fees for clients so that you know the maximum costs before you proceed. These arrangements can be discussed with clients on a case-by-case basis. Please contact our office for further details.

Parenting

• Fixed fee Family Law (Parenting) Solutions

The Family Law Act states that the paramount consideration in all parenting matter is the best interests of the child. Section 60CC of the Family Law Act sets out the factors used in determining the best interests of the child.

When relationships end it is important to set out the arrangements for the children so that there is certainty, routine and stability in their lives. We can help you achieve this by preparing a variety of agreements to suit your family’s circumstances. This will help you to remain child-focussed and ensure a smooth transition for everyone after a separation.

Parenting Plans

A parenting plan is a recorded agreement that is signed by both parties to set out how each parent will spend time with the children and other important matters such as schooling and holiday arrangements. Parenting Plans work well for parties with good communications and post-separation relationships and have the advantage of being flexible to suit your family’s needs. These types of agreements are not enforceable and you cannot complain to the court about breaches by the other party.

Consent Orders – Parenting

As with Consent Orders for property matters, not all parenting matters are suitable for informal agreements. Parties who agree about the parenting arrangements for children can make an application to court to have that agreement formalised by way of Consent Orders. If the court considers the agreement to be in the best interests of the child according to the factors in the Family Law Act then the court will make orders in those terms. As with Consent Orders for property matters, the advantage of Consent Orders for parenting mattes is that these orders are enforceable by a court.

Our fixed fee for Consent Orders for parenting includes preliminary negotiations, drafting, attendances with you and filing the Application and the filing fee.

Our fee for standard Consent Orders for parenting matters is $5,000 plus GST.

Consent Orders for property and parenting matters

If you instruct us to make a combined Application for Consent Order in respect of both parenting and property matters then our fee is $6,000 plus GST.

The passing of a loved one is never easy. The added stress of having to deal with the legalities of an estate can be overwhelming in the circumstances. We are here to help you and to take the pressure off you at this difficult time.

Our services include a range of estate matters and our team has decades of experience to guide you through these challenging times.

Wills

Everybody understands that having a Will is important, yet may of us put off making a will because we are time poor, or we do not want to go to a great expense where there are so many other pressures on the household budget. We have resolved these issues by offering a one-visit, economical Will service. Most Wills can be drafted and signed in one attendance and we have affordable fixed fees for this service.

More complex estate planning matters will take more time and preparations so ask us for a quote if you have specific requirements in this regard.

Enduring Power of Attorney (EPOA)

An Enduring Power of Attorney is a document that appoints someone to make decisions for you in certain circumstances, sometimes referred to as a substituted decision maker, or often called an ‘Attorney’.

It is important to consider making an EPOA. Think about how you might manage if you are involved in an accident or unwell for a period of time. You will likely need someone to help you with matters such as paying your bills and managing your financial affairs. Similarly, if you are travelling overseas you may need someone to temporarily act on your behalf in respect of your finances.

Further, consider what might happen if you loose capacity to make decisions for yourself on a more permanent basis. Perhaps you will need someone to help arrange accommodation in a nursing facility or help make decisions about your day-to-day needs.

An EPOA gives your Attorney the power to do all of these things for you in particular circumstances. You can set limits to the power your Attorney has and you can revoke the power at anytime while you have capacity. Often, married couples appoint each other as their Attorneys. Older clients generally appoint a responsible son or daughter as their Attorney.

Application for Probate or Letters of Administration

Depending on the size and nature of the Estate left by the deceased, a Grant of Probate (with a Will) or Letters of Administration (with or without a Will) may be required.

This involves making an Application to the Supreme Court of Queensland and can be a complicated process for even the most competent Executor. We can help with all aspects of the Application and we offer a fixed fee for this service.

Estate administration

We can help you administer the Estate and our fees are usually payable out of Estate funds. We can deal with banks and building societies, shares and superannuation companies. Selling and transferring property is often a part of the process of administration of an Estate. We offer a comprehensive service and will calculate final entitlements when the Estate is ready to be distributed.  Fees are charged according to the amount of work to be conducted and the complexity of the Estate.

Family Provision Applications

Do you feel that someone close to you has not adequately provided for you in their Will? Do you think you may be entitled to more from the Estate? In Queensland you can make an application to the court to have your entitlement under the Will adjusted so that you receive a greater share of the Estate. Sometimes this is referred to as ‘contesting a Will’.

We can assist you to bring an application for adequate provision from the Estate. Strict time limits apply so contact us today if you feel you have been left out. We will provide you with initial advice on your standing to make and application, prospects of success and what you can expect to receive if you proceed with the application.

FIXED FEES for Estate matters

Single Will                     $330 (inc. GST)

Couples Will                  $440 (inc. GST)

Single EPOA                  $220 (inc GST)

Couples EPOA               $330 (inc. GST)

Single Will & EPOA      $440 (inc. GST)

Couples Will & EPOA   $660 (inc. GST)

Application for a Grant of Probate or Letters of Administration $2,500 (inc. GST) plus outlays.

• Domestic and Family Violence Orders

Information for the Aggrieved (the person who alleges the violence or abuse)

There has been increased focus on domestic violence in the press lately as our community is setting higher standards for the conduct of parties in domestic relationships. Domestic and family violence will not be tolerated in our society and the laws have advanced greatly in this regard, particularly in the last couple of decades.

If you are the victim of domestic or family violence you can turn to the courts for protection. Applications for Domestic Violence Orders (or DVOs as they are commonly referred to) are available for anyone who is experiencing abuse. The orders are usually in place for 5 years.

Domestic violence is very broadly defined in the Domestic and Family Law Violence Protection Act 2012 and includes:

• physical abuse
• psychological abuse
• sexual abuse
• financial abuse, such as taking your money or not letting you have access to or knowledge of the family finances
• threats or coercion
• control or domination that causes a person to fear for their safety or wellbeing.

The types of orders the courts can make vary widely. The ‘standard’ condition is that the Respondent (the person against whom the order is made) be of good behaviour and not commit acts of domestic violence towards the Aggrieved (the person who is the victim of the violence or abuse). The court has the power to order the Respondent not to approach the Aggrieved, and even to leave the house (called an ‘ouster’ order). The conditions will vary on a case to case basis depending on the circumstances.

If you are the victim of domestic abuse or violence, make an appointment to see us today. We can work with you to make a time that suits you, if you are having difficulties in that regard. We have extensive expertise in the area and can provide you with clear answers and advocate for you every step of the way.

Information for the Respondent (the person responding to the Application)

Having a DVO made against you can impact on other Family Law proceedings, especially parenting matters. You can refuse to consent to an order being made against you and ask for the matter to be heard fully by the Magistrate, who will make a final decision. You may have been removed from your home or have conditions on your order that you would like varied. We can assist you with all aspects of DVOs.

If you have been served with an Application for a DVO then there are a few options for you. You can:

• agree to the order being made if you admit the acts alleged;
• agree to the order being made but make no admissions about whether or not the acts alleged actually occurred;
• you can agree to an order being made but ask for the conditions to be different to those applied for;
• you can oppose the making of the order on the basis that the alleged acts did not occur, or that the making of an order is unnecessary or undesirable in the circumstances.

If you would like assistance with your response to an applicant for a DVO please call our office and make an appointment. We will advise you of the best course of action and assist you to achieve the best possible outcome.