OFL News

Each month Katrina will be providing you with information as to what has been “happening” at Oner Family Law.  This will highlight the many different areas of family law in which we practice.

June 2024

• The quality and specialised family law work we undertake at Oner Family Law was recognised when Emma Williams (Special Counsel) of our office took a position as a Judicial Registrar at the Federal Circuit and Family Court of Australia (Division 2).  While we were sad to see her go, all of us at OFL are extremely proud of Emma and wish her all the very best.
• Our team attended at the annual Family Law Retreat.  A two day jam packed family law conference which ensures our lawyers keep up to date with their family law learning/training, so we are able to continue providing the very high quality level of family law service we provide to our clients.
• We commenced our search for the newest addition to our team given Emma’s departure.  Watch this space!

May 2024

• Our usual independent/external trust audit of our practice took place.  This process confirms that we are accurately dealing with our client’s legal funds provided at all times.
• We received a favourable Child Impact Report from the Court in our client’s favour, resulting in the other side needing to change their position as to the children and offer our client more time with the children.
• We prepared Consent Order documents on behalf of a client where the parties had reached direct agreement as to property settlement and wanted the agreement documented and filed with the Court as soon as possible.  We were able to draft the Consent Order documents quickly, with the Court thereafter approving the Consent Order and the matter finalised.  A fixed fee applied with regard to this matter as the parties had already reached direct agreement between them, with our team only needing to document the agreement.  It was a very quick, painless, and cost effective process.

April 2024

• We attended at a Compliance and Readiness Hearing for a client where the Court wanted very significant and detailed information as to what the issues in dispute between the parties were before setting the matter down for final hearing.  As we are always very prepared for Court, we were able to answer the Judge’s questions without hesitation and with accuracy.
• We collaborated with our client and our client’s accountant in a high net worth, very complex property settlement matter.  At OFL we collaborate where required with experts in other fields to ensure nothing is missed in protecting our client’s best interests, and to ensure our clients are receiving external expert advice, such as financial advice, where needed.
• We were successful in resisting the delay of a Court matter proceeding as sought by the other side in a parenting matter which needed to progress quickly.

March 2024

• Our team continued with their family law learning/training by attending at a family law conference.
• We were busy preparing for a number of complex mediations, both with regard to financial and parenting matters.  At OFL we thoroughly prepare for mediations so as to give our clients the best possible chance of resolving their matter at mediation on a final basis.  Preparation is key.
• We opened a number of new files for both women and men, and provided our new clients with strategic advice as to how to best quickly and as cost effectively as possible run/finalise their matter, without proceeding to Court.

February 2024

• We prepared and finalised complex affidavit material for a long running property matter where the party on the other side had been blatantly dishonest as to the assets held in that parties’ possession.  Our client’s affidavit provided very convincing evidence proving the other party had taken steps to attempt to deliberately defeat our client’s property settlement claim.
• We prepared Court material on behalf of a father who had been denied reasonable time with his children.  Filing the Court material resulted in the mother not being able to control 100% of the children’s living arrangements, with the Court setting the matter down for interim hearing so the Court is able to make Orders allowing the children to spend more time with their father.
• We resolved a domestic violence matter on behalf of a father on a final basis, with the father consenting to a Protection Order being made against him on a final basis, but on a without admissions basis.  This means no findings of domestic violence were made against the father by the Court.

January 2024

• As is usually the case in the New Year, we had a substantial amount of new enquiries from parties’ whose relationships had unfortunately broken down and were needing advice and guidance as to commencing the separation process.
• We resolved a very high conflict property and parenting matter after attending at a nine hour mediation.  This resulted in finality and certainty for our client whose life had been put on hold pending the matter being resolved.

December 2023

• We appeared on behalf of a father in a very difficult parenting matter where the father was seeking to increase his very limited time with this child.  We successfully obtained all time Orders sought on our client’s behalf after very significant preparation for the interim hearing.
• We advised many clients on the usual end of year disputes as to time with children on Christmas Day and school holidays.
• Our team took a very well deserved break during our office closure period over the Christmas/New Year period.

November 2023

• We received a Child Impact Report from the Courut in a parenting matter which supported our client’s position.  This then assisted in resolving the parenting matter in our client’s favour on a final basis during Court Ordered dispute resolution.
• We spent a significant amount of time cross-referencing financial disclosure documents provided by both parties in a farming property matter so as to collate a list of assets and liabilities to be divided.
• We drafted a very complex and lengthy property settlement offer that dealt with many issues, including loans and gifts from family members contributed to the net asset pool, loans to and from a family business by the parties, and how the parties’ respective property settlement entitlements should be calculated taking into account all relevant factors.

October 2023

• We were entirely successful in arguing our client’s case at the trial we were preparing for in September. Our client, the father, obtained the parenting Orders he sought in full, and the child continued to live primarily with him.
• We spent a significant amount of time reviewing hundreds and hundreds of pages of subpoenaed documents in a very complex parenting matter.

September 2023

• We managed to settle two very high conflict property matters at mediation, in circumstances where the parties on the other side were being extremely unreasonable prior to mediation.  Due to our sensible advice to our clients and thorough preparation for the mediations, both matters settled within the range of expected percentage entitlements we had advised our clients they were entitled to.
• We successfully argued in Court against a frivolous child support departure application brought by the other side. The child support departure application as against our client was dismissed.
• We were very, very busy preparing trial material for a parenting matter in which we were acting for a father who had primary care of the child, and where the child did not wish to spend time with the mother.

August 2023

• We managed to have the Court set down one of our matters for an undefended hearing in circumstances where the other party who is the applicant in a matter has stopped participating in the process.  In the event the other side continues not to engage, we will seek that our client’s Orders be made on a final basis in the absence of the applicant at the undefended hearing.
• We prepared a client for attendance at Family Report interviews for a very complex parenting matter.  Understanding the process and what to expect on interview day is crucial.
• We had a very large number of new consults this month, including for simple and complex property and parenting matters, spousal maintenance, relocations and child support.

July 2023

• We attended at the interim hearing of the last matter referred to at June 2023 below with our barrister, and spent the entire day negotiating all matters and despite the matter only being listed for interim hearing, were able to resolve all outstanding matters on a final basis, saving the client significantly in legal costs moving forward.
• We were successful in having subpoenas issued by the other side in a matter regarding our client’s partner’s personal medical records being dismissed in full after attending at a subpoena objections hearing.
• We arranged for personal service of divorce documents on the other party who lives overseas.

June 2023

• We attended at another all day parenting and property settlement mediation which settled on favourable terms to our client.  We managed to resist an equal care Order for the children which the other party was seeking, in circumstances where our client had been the primary carer for the children since birth.  We attended prepared as per usual, with lengthy Consent Orders drafted by our office agreed to and signed at mediation.
• We attended at Court for a complex interim hearing commenced by the other party of a property matter involving forcing the other party to vacate the former matrimonial home so it could be sold, and appointing our client as sole Trustee for the sale of the former matrimonial home.  After much preparation, the other side at the last minute agreed to all Orders sought by our client and abandoned all Orders sought by them in their application.
• We spent a significant amount of time preparing Court documents for the interim hearing of a matter involving relocation of children, children’s living arrangements, property settlement and litigation funding/partial distribution of net sale proceeds from the sale of the former matrimonial home.

May 2023

• We appeared in Court for the interim hearing of the parenting matter referred to at March 2023 below and were successful in obtaining an Order that the father not spend any time with the teenage children due to the children’s very strong wishes, expressed independently to a Family Report writer.
• We appeared in Court on a matter where both the party on the other side and their solicitor had not complied with Orders made by the Court and obtained a reserved Costs Order, with the Court making it clear it is able to make costs Orders against both a party to the proceedings and their solicitor in appropriate circumstances.
• We continued to advise on new initial consults with regard to domestic violence, child support, child custody disputes, matrimonial property settlement and divorce matters.

April 2023

• We attended at a complicated property and parenting mediation where after a full day of negotiations all matters settled, with lengthy and final Consent Orders drafted by our office signed by the parties.
• We attended at the first Court date of a matter on behalf of the wife where we had commenced property settlement proceedings urgently to stop a caveat registered by us to protect the wife’s interest in a property from lapsing. The commencement of Court proceedings means the caveat remains registered until the matter is finalised, protecting our client’s interests.
• We finalised the drafting of significant final hearing material for our client in a difficult property settlement matter where we obtained our own expert valuation of assets on an “unseen basis” the other side refused to be sighted for valuation purposes, and of assets our client asserts have been sold/hidden by the other side to defeat our client’s property settlement claim.

March 2023

• We continued to deal with an ongoing issue of the party on the other side issuing subpoenas with regard to a third party’s financial documents which the third party objected to.
• We received single expert valuations on various properties belonging to a husband and wife, some of which required retrospective valuations as at the date of cohabitation so as to determine the values of the properties that were brought into the relationship by one of the parties, which impacts the percentage contribution adjustment to be made in that party’s favour.
• We appeared in Court on behalf of a mother in response to a father filing an application seeking to force children in their teenage years to spend time with him in circumstances where the children do not wish to do so for various reasons and had not done so for some time.  Our client seeks to resist an Order that the children spend any time with the father due to the children’s strong wishes.

February 2022

• We started preparing our client’s affidavit material for the final hearing of a matter where our client’s position is that the other party has been selling off/transferring/hiding assets which belonged to the parties at separation, for the sole purpose of defeating our client’s property settlement claim.
• We were all busy with mediations for both property and children’s matters this month, with all matters settling on favourable terms to our clients.
• The OFL team participated in a Cyber risk workshop so as to make us more aware as to the Cyber scams out there targeting law practices, and how to best protect our client’s information/funds.

January 2022

• As is always the case, January was very busy with initial consults, as many couples wait until after the festive period to end their relationship.
• We inspected subpoenaed documents for a long standing parenting matter in Court, the content of which helps our client’s case, who has primary care of the child.
• We lodged caveats for a client whose name is not on the title of a property forming part of the relationship net asset pool to be divided.  Lodging the caveats ensures the other party cannot sell/deal with the title of the property pending final property settlement matters being resolved.

December 2022

• The team at OFL took a well deserved break, with our office closing during the festive period.

November 2022

• Katrina, Emma and Mikaela attended at the annual Family Law Retreat keeping their family law skills and knowledge updated.
• We provided advice to a client as to whether a parenting Order made some time ago could be re-opened due to a significant change in circumstances.
• We appeared for a husband at a complex final domestic violence hearing with various parties and cross-applications.  We were successful on our client’s behalf on all counts, with the wife’s application as against the husband being dismissed, and successfully obtained a final Protection Order in our client’s favour as against the wife.

October 2022

• We obtained final hearing dates for a complex property settlement matter with criminal law matters intertwined.
• We prepared and filed Court documents on behalf of a father where the mother was only allowing the father very limited time with the children.  Court date has been obtained which will result in the father’s time increasing asap.

September 2022

• We prepared for a second mediation in a difficult property settlement matter where the income disparity between the parties was very significant, and where one of the parties received an inheritance during the parties’ relationship.  To date the parties have not been able to agree on an appropriate percentage split taking into account these factors.
• We prepared very difficult Consent Order documents finalising an agreed property settlement regarding a relationship that ended 10 years ago.  The content of the documents was complex given the many entities/businesses which exist and the passage of time that has passed since separation.
• We represented the father at an interim hearing regarding a complex children’s matter where the father alleges the mother suffers from mental health issues with the children being at risk in her care.  We were successful in obtaining Orders that the children live with the father, with the mother to have supervised time only on an interim basis.

August 2022

• We had a very significant volume of new client appointments with a combination of new property settlement, child support, child custody/contact disputes, and spousal maintenance files being opened, keeping us busy with the initial stages of exchanging financial disclosure and making initial offers on these new matters.
• We attended a second mediation for a very hostile property settlement matter which unfortunately did not settle.  Updated property valuations were obtained which the other party does not agree with, making the prospects of settlement very difficult.  This issue will result in the matter most likely proceeding to final hearing at which the valuer will need to be cross-examined.
• We managed to settle a small property settlement matter quickly for a client by making a reasonable offer, and maintaining the client’s position with regard to the offer which the other side ultimately accepted.

July 2022

• We had the first return date in Court for a property settlement and spousal maintenance matter whereby the Judicial Registrar made very detailed Orders preparing the parties for attendance at a Conciliation Conference.  The Orders made were very lengthy and further confirms our mantra at Oner Family Law that preparation, preparation, preparation is always the key to a successful outcome in the event your matter is before the Court.
• We had the trial for the matter referenced in May below.  The parties were able to resolve the matter by agreement without the trial needing to proceed.
• We spent a significant amount of time inspecting subpoenaed documents on our client’s behalf for a domestic violence and family law matter where the children have reported physical safety issues when in the care of the other parent.  The content of the subpoenaed material was of significant importance and very helpful for our client’s case.

June 2022

• We prepared trial affidavit documents for the relocation matter referenced in May below.  Preparation of trial documents takes a significant amount of time and working with your client is key to meeting Court Ordered filing deadlines.
• We prepared Court documents in response to an application for property settlement filed by the other party.  The other party only sought final property settlement Orders in their application, however, in our response documents, given the significant financial disparity between the parties’ respective earning capacities, we sought interim Orders for spousal maintenance on our client’s behalf.
• We appeared on behalf of a father where he is the primary carer of the children at the first return date of a matter, where due to concerns for the children’s safety while in the mother’s care, the mother is to have only supervised time with the children pending the matter progressing through the Court and a Family Report and Psychiatric Report being obtained.

May 2022

• We attended at the interim hearing of a parenting matter where the other parent relocated the subject children to another State without our client’s consent, or without Court Order allowing the relocation.  The Court took the view the matter was urgent, and set the matter down for a final hearing to take place within a couple of months.
• We resolved a defacto property settlement matter at a Court Ordered Conciliation Conference in circumstances where the end date of the defacto relationship between the parties was in dispute by a number of years, as was whether a prior, informal defacto property settlement had already taken place.  The matter was settled on favourable terms to our client who was able to move on with her life after the final, agreed to settlement.
• We received instructions to document a number of agreed to property settlement matters negotiated directly between the parties.  In such circumstances we offer a fixed fee to document and finalise Application for Consent Order documents.

April 2022

• This was a busy month with regard to trust compliance matters.  Each year law practices who hold trust funds are required to undergo an audit of their trust account practices.  We, as per usual, complied with all audit requirements with no issues of concern being identified.  Oner Family Law takes the holding of their client’s trust funds very seriously.

March 2022

• This month we prepared for, and attended at a mediation for a complex property matter where a number of factors such as significant income disparity, financial resources, and values of assets were all in dispute.  While significant progress was made at mediation, this was one of the very, very limited matters where we attended at mediation where the matter did not settle.
• We appeared at the first return date of a financial matter where the party on the other side had done nothing whatsoever to comply with the Court’s Rules and Pre-Action Procedures.  The other side had not filed their Response material, had not complied with their disclosure obligations, and had done nothing at all to attempt settlement of the matter, ultimately requiring our client to commence Court proceedings.  At the first return date, due to the other party’s non-compliance with the Court’s Rules and Pre-Action Procedures, we were successful in obtaining a Costs Order against the other party.
• We finalised on favourable terms to our client, a property settlement matter which had been running for nearly 18 months, mainly due to the other side’s reluctance to the progress the matter.  As a result of the delay we commenced Court proceedings on our client’s behalf which forced the other party to finally co-operate, with a negotiated final property settlement agreed to very quickly after Court proceedings were commenced.

February 2022

• This month the devastating floods caused havoc with Queenslanders and our focus was on keeping our staff and their families safe by working from home and ensuring our clients were also safe by rescheduling mediations in circumstances where it was safer for everyone to stay home during the damaging weather.

January 2022

• As normally happens during January, after the Christmas and festive period, we had a very high number of initial enquiries from people seeking to separate from their partners.  It is not uncommon for people wanting to separate to wait until after the holidays before starting the separation process.
• We acted for a parent at a child mediation where the other parent sought to change a recently agreed to final parenting Order whereby the child lived with the parents in an equal, shared care arrangement.  We very strongly maintained our client’s position at mediation that a change to the child Order would not be agreed to and the other parent did not pursue a change to the Order through the Court.  The original Court Order remained in place.
• We managed to keep a child matter out of Court regarding an infant by negotiating the terms of an interim Parenting Plan to be reviewed after six months when the child was older.

December 2021

• And we wrap up the year with a two day parenting trial, filing urgent Court proceedings in a new child matter, and being frantically busy with new appointments/clients which are all “urgent”, and a well deserved break for the OFL team, noting our office will close from close of business Friday 17 December, re-opening Tuesday 4 January.  From all of the OFL team, we wish you a very Merry Christmas and a Happy New Year and look forward to updating you with our goings on in the New Year.

November 2021

• The best news of the year for the OFL team was learning that Emma Williams of our office, Senior Associate, had passed her family law specialist accreditation assessment!  This was huge news as it is very, very difficult to pass the accreditation assessment which is only offered by the Queensland Law Society every two years.  The failure rate is also much higher than the pass rate and Emma studied extremely hard for many months in preparation of all the assessments involved. Congratulations Emma.  A huge, huge achievement! Just goes to show how very knowledgeable Emma is in the specialised field of family law.

October 2021

• We appeared in Court in domestic violence proceedings on behalf of a husband where it was alleged by him that the wife due to mental health issues had been domestically violent toward the children and himself.  After lengthy negotiations with the wife, the wife agreed to a Temporary Protection Order being made against her in favour of the husband, and which also named the children as protected persons.
• We received instructions to act on behalf of a client in a complex property settlement matter where many corporate entities and trusts are involved with inter-company loans and where the parties wanting to “detangle” all the entities and financially separate themselves from each other, will take some significant work to finalise, with the drafting of the Court Order finalising the property settlement to be very important in due course.
• We attended at a property settlement mediation involving farming properties and cattle which settled on very favourable terms to our client.  Our client’s family had also made very significant financial contributions to the parties’ net asset pool to be divided between them which was ultimately taken into account by the other party at the mediation, where it had previously not been given any consideration by the other party throughout the matter.

September 2021

• We were busy preparing for, and again appearing in Court for the urgent child Court proceedings where the children had to be returned to our client by the Police pursuant to  Recovery Order as referenced in our June update below.  The other parent challenged the Order previously made and sought that the children live with that parent.  That argument was unsuccessful and the Court Ordered that the children continue to live primarily with our client, pending a final hearing taking place.
• We appeared at an interim hearing of a children’s matter where two young children had been unilaterally removed from our client’s care (the primary carer since birth) with the other parent taking the position that the children would not be returned to/be permitted to spend any time with our client unless our client agreed to the other parent’s terms – which were that the children live with the parties in an equal week on/week off arrangement.  The Court agreed with our position and the children were returned to our client’s primary carer.
• We settled a property settlement matter fairly quickly where the other side had unusually commenced Court proceedings for property settlement where absolutely no negotiation had taken place between the parties or their solicitors.  We managed to settle the matter on very favourable terms to our client early on in the proceedings, saving our client both significantly in legal fees and stress.

August 2021

• We ran a complex interim children’s hearing for a client whose former partner suffered from a mental illness which that party was refusing to be medicated for, as that party would not accept the mental illness diagnosis.  We sought an Order that the children live primarily with our client and spend regular time with the other parent.  The other parent sought an Order that the children live equally with both parties.  Our client’s case was that an equal time living arrangement was not in the children’s best interests due to the other parent refusing to accept the mental illness diagnosis and be medicated for it, therefore negatively impacting the children.  We were successful in our argument and our client’s Orders were made.
• We settled on a final basis a complex property and children’s matter which involved us drafting Application for Consent Order documents finalising the child and property agreements reached, a Binding Child Support Agreement documenting the parties’ private child support agreement, and a Financial Agreement extinguishing spousal maintenance.
• We received instructions to act on behalf of a client in a property settlement matter where the value of the former relationship home was significantly in dispute.  The parties agreed to obtain an independent, single expert valuation and that particular issue was resolved.

July 2021

• The hearing of the relocation matter referenced in June below took place, with the matter settling by consent without the matter proceeding to hearing.  This was as a result of the very detailed and very well prepared material filed on our client’s behalf.
• We represented our client at a mediation with a baby involved, where we had to negotiate appropriate time for the other party to spend with the baby, while keeping in mind the baby’s needs  We successfully reached an interim agreement.
• We had a very, very busy month with new initial consults this month, covering a wide range of family law issues.

June 2021

• We were required to file urgent Court proceedings seeking a Recovery Order for the return of children who were unilaterally removed from our client’s care and who were removed from their school by the other parent.  The other parent disappeared with the children. We obtained an urgent hearing date and our client was successful in obtaining the Recovery Order and the children were returned to our client’s care. Unfortunately the assistance of the Police was required in having the children returned.
• We were also busy preparing significant affidavit and subpoena material for a trial to be heard in July where our client sought to relocate with the children for work, child schooling, and family support issues.  This was vehemently opposed by the other parent, with the other parent seeking equal care of the children and an Order that the other parent not be permitted to relocate.
• We spent significant time inspecting subpoeaned documents on a matter where mental health issues of one of the parties was a significant factor in a parenting dispute.  The content of the subpoenaed documents was to form a large part of our client’s case when the matter proceeded to Court.

May 2021

• We were forced to file urgent Court proceedings in a matter where how the net sale proceeds from the sale of a property are to be dealt with at settlement.  As agreement was unable to be reached with the other side, our client now requires Court Orders directing that the net sale proceeds not be dealt with/distributed to either party pending the dispute being finalised either by agreement between the parties or by Court Order.
• All our solicitors were extremely busy this month with new enquiries, ranging from financial, child related, divorce, prenuptial agreements, domestic violence, child safety and relocation matters.  We’ve had it all this month!
• We managed to settle a property matter whereby we had initially registered on our client’s behalf a caveat against a property subject to division between the parties, but registered solely in the other party’s name.  Upon settlement, the caveat was withdrawn and our client received their settlement payout.

April 2021

• We commenced property settlement proceedings on behalf of a client in a complex, rural farming matter, where we are required to seek very detailed and specific Orders from the Court as to the valuation of real estate, motor vehicles, farming assets, cattle, and furniture and contents of the parties.  Retrospective valuations of real estate are also required, which will be relevant in determining the applicable contribution adjustments to be made in both parties’ favour regarding gifted assets from respective family members throughout their relationship.
• We attended at a property mediation with a client in circumstances where the other party’s historical criminal record was of relevance as to how the property between the parties accumulated throughout their relationship should be divided between them.
• We prepared a very complicated set of Consent Order documents regarding property matters, where one of the parties is subject to current criminal proceedings and where Court Orders made in the criminal law jurisdiction, have a direct impact on the family law Consent Orders being finalised between the parties.  This matter has required the co-operation of differing solicitors, working in differing jurisdictions.

March 2021

• We finalised a complicated set of child Consent Orders where the father lives interstate and the mother lives in Queensland with the child.  The parties were able to reach agreement as to the father’s time with the child in Queensland while he lives interstate, and also what time he will spend with the child if the father relocates to Queensland.  Travel costs and how the child would travel were also negotiated and agreed upon by the parties.
• We filed a very comprehensive and detailed trial affidavit for our client seeking a Protection Order against our client’s former partner.  After serving our affidavit on the other party, the other party agreed to consent to the final Protection Order being made in our client’s favour, without needing to proceed further to the trial.
• We attended at a child mediation on behalf of our client, the primary carer of the children, in circumtances where the other parent was seeking equal time with the children.  We managed to settle the matter on a final basis on favourable terms to our client whereby our client remained the primary carer, and also negotiated the terms of a private Child Support Agreement, so that all child matters were resolved in the one day.

February 2021

• On two separate matters we commenced property settlement proceedings so as to keep “alive” and stop from lapsing, caveats registered against the former relationship homes, where the homes are solely registered in the other party’s name.  This ensures our clients’ interests are protected, with the homes not able to be sold, transferred, or further borrowed against, until property settlement matters are finalised.
• We reached a stalemate with regard to negotiations regarding a complex property matter involving rural farming properties, and therefore drafted Court documents to commence property settlement proceedings during which significant valuation issues will also need to be resolved.
• We received instructions to act on behalf of a parent where the other parent is unilaterally attempting to change child arrangements which have been in place for some time.  The parties will need to attend at mediation and if the matter cannot be resolved there, litigation will be the only way to resolve the matter.

January 2021

• As is usually the case in January, we dealt with a high volume of new clients who were waiting until the New Year before pushing forward with formally separating from their partner.
• We acted on behalf of a mother who was served with a last minute Protection Order Application filed by the father, seeking that the mother be ousted from the family home, with their children to be listed as associated persons needing protection on the Protection Order.  The mother filed her own Protection Order Application as against the father in the same terms, and at the first mention of the matter where both Applications were heard, the mother was successful in obtaining a Temporary Protection Order as against the father, but the father was unsuccessful in obtaining a Temporary Protection Order as against the mother, even though he was the party who started the Domestic Violence proceedings in the first place.