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Frequently Asked
Questions
Find quick answers to common questions about our legal services, process and policies.
Do I need to be separated before applying for divorce?
Yes. Under Australian law, you must generally be separated for 12 months before applying for a divorce.Under Australian law, you must generally be separated for at least 12 months before applying for a divorce.
Do I have to go to court?
Not always. Many family law matters are resolved through negotiation, mediation, or consent orders without the need for a contested court hearing.
How is property divided after separation?
Property settlements are determined based on several factors, including the financial and non-financial contributions of each party, future needs, and what is considered just and equitable under the law.
What if we cannot agree about the children?
If parents cannot reach agreement, mediation is usually encouraged before court proceedings. If necessary, the Court will determine arrangements
Can grandparents apply to see their grandchildren?
Yes. In appropriate circumstances, grandparents may apply for parenting orders if it is in the child’s best interests.
How long does a family law matter take?
Every case is different. Matters resolved through negotiation may conclude relatively quickly, while contested court proceedings can take
Should I speak to the police before obtaining legal advice?
You have legal rights. Before participating in a police interview or providing a formal statement, it is advisable to obtain legal advice, so you understand your rights and obligations.
What happens after I have been charged?
The police will provide details of your charges and your court date. The next steps depend on the nature of the offence, and obtaining legal advice promptly is important.
Can I apply for bail?
Many people charged with criminal offences are eligible to apply for bail. Eligibility depends on the circumstances of the offence and your individual situation. the law.
Will I have to go to court?
Many criminal matters require a court appearance. Some matters may resolve through negotiations or early pleas, while others proceed to a hearing or trial.
What should I bring to my first appointment?
Bring any police documents, charge sheets, court notices, bail documents, and any other information relating to your matter.
Can a criminal conviction affect my future employment?
Yes. Depending on the nature of the offence, a conviction may affect employment opportunities, travel and professional licences. Obtaining legal advice early is important.
What is a Domestic Violence Order (DVO)?
A Domestic Violence Order is a court order designed to protect a person from domestic or family violence by imposing legally enforceable conditions on another person.
Can I apply for protection immediately?
Yes. In urgent circumstances, temporary protection may be available while your application is being determined by the Court.
What happens if someone breaches a DVO?
Breaching a Domestic Violence Order is a criminal offence and may result in police action, criminal charges and significant penalties.
Do I need a solicitor to apply for a DVO?
Although you may represent yourself, obtaining legal advice can help you understand the process, prepare your evidence and ensure your rights are protected.
Can a DVO affect parenting arrangements?
Yes. Domestic violence allegations can have a significant impact on parenting decisions made by the Court, as the safety and best interests of children are paramount.
I have been served with a DVO application. What should I do?
You should seek legal advice as soon as possible. Do not ignore court documents. A solicitor can explain your options and represent you throughout the proceedings.
Do I need a solicitor before signing a contract?
Yes. It is highly recommended that you obtain legal advice before signing any property contract, so you fully understand your rights and obligations.
What does a conveyancing solicitor do?
A conveyancing solicitor manages the legal aspects of buying, selling or transferring property, including reviewing contracts, conducting searches, preparing legal documents and coordinating settlement.
How long does settlement usually take?
Settlement periods vary depending on the contract but commonly occur between 30 and 90 days after contracts are exchanged.
What is included in conveyancing costs?
Costs generally include professional legal fees, government charges, property searches and settlement expenses. We will provide a clear explanation of all applicable costs.
Can you review my contract before I sign?
Absolutely. We strongly recommend obtaining legal advice before signing a contract to identify any issues and protect your interests.
Can you assist with commercial property?
Yes. We provide conveyancing services for residential, commercial and investment property transactions throughout Queensland.
Should I commence legal proceedings immediately?
Not necessarily. Many commercial disputes can be resolved through negotiation or mediation before court proceedings become necessary.
Can you help recover unpaid debts?
Yes. We provide debt recovery services ranging from letters of demand through to court proceedings and enforcement of judgments.
How long does commercial litigation take?
The timeframe depends on the complexity of the dispute. Some matters resolve within weeks through negotiation, while others may take longer if court proceedings are required.
Can mediation resolve business disputes?
Yes. Mediation is often an effective way to resolve disputes while reducing legal costs and preserving commercial relationships.
What information should I bring to my first appointment?
Bring all relevant contracts, correspondence, invoices, agreements, financial records and any documents relating to the dispute.
Do you act for both businesses and individuals?
Yes. We represent companies, directors, business owners, professionals and individuals involved in commercial disputes.
Why should I have a professionally prepared Will?
A professionally drafted Will helps ensure your wishes are legally valid, reduces the risk of disputes and provides certainty for your loved ones.
When should I update my Will?
You should review your Will after significant life events such as marriage, divorce, the birth of children, acquiring substantial assets or changes in your family circumstances.
What happens if someone dies without a Will?
If a person dies without a valid Will, Queensland law determines how their estate is distributed. This may not reflect their personal wishes.
What is Probate?
Probate is the legal process that confirms the authority of an executor to administer a deceased person’s estate.
What is an Enduring Power of Attorney?
An Enduring Power of Attorney allows you to appoint someone you trust to make financial, legal and personal decisions on your behalf if you lose capacity.
Can a Will be challenged?
Yes. In some circumstances, eligible people may make a claim against an estate or challenge the validity of a Will.
What is QCAT?
The Queensland Civil and Administrative Tribunal (QCAT) is an independent tribunal that resolves a wide range of civil, commercial and administrative disputes in Queensland.
Do I need a solicitor for a QCAT matter?
Although legal representation is not always required, obtaining legal advice can help you understand your rights, prepare your evidence and present your case more effectively.
Can I recover money through QCAT?
Yes. QCAT hears many debt recovery and minor civil disputes involving money owed, property damage and contractual disagreements.
How long does a QCAT matter take?
The timeframe depends on the type and complexity of the matter. Some disputes resolve through mediation or agreement, while others proceed to a hearing before a Tribunal Member.
Can QCAT decisions be appealed?
Some QCAT decisions may be appealed, depending on the nature of the decision and the applicable legal requirements. We can advise you regarding your appeal rights.
What should I bring to my first appointment?
Bring any contracts, correspondence, invoices, notices, photographs, reports or other documents relevant to your dispute so we can provide informed legal advice.
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