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# One Law
## Sitemaps
[XML Sitemap](https://onelaw.com.au/sitemap_index.xml): Includes all crawlable and indexable pages.
## Posts
- [What do Wills, Power of Attorney, Enduring Guardianship and Probate all mean?](https://onelaw.com.au/wills-power-of-attorney-guardianship-probate-explained/): Wills and estate planning is a task that can feel overwhelming, especially when we haven't heard of the terms such as Wills, Power of Attorney, Enduring Guardianship and Probate. Allow One Law to simplify these tasks and define what each term means:
- [Defending Against a De Facto Property Claim](https://onelaw.com.au/defending-against-a-de-facto-property-claim/): At One Law, we are committed to delivering outstanding legal services and achieving favorable outcomes for our clients. Our client Mark*, found himself facing a challenging legal situation. He was subjected to a de facto property claim by a former partner, who was seeking a substantial property adjustment of over $750,000, along with spousal maintenance. She claimed that they had been in a de facto relationship and therefore had legal grounds for such claims.
- [Peter’s Road to Recovery](https://onelaw.com.au/personal-injury-recovery-peters-story/): In the world of Personal Injury law, every case is unique, presenting its own set of challenges and complexities. At One Law, we are committed to pursuing justice on behalf of our clients, no matter how intricate their cases may be.
- [Starting A Business? Here Are 5 Key Considerations.](https://onelaw.com.au/starting-a-business-here-are-5-key-considerations/): Starting a Business? Here Are 5 Key Considerations.
- [Success Story: Swift Resolution for an Injured Worker](https://onelaw.com.au/work-injury-damages-claim-case-study/): In the bustling heart of a renowned shopping centre in 2019, a construction worker, whom we'll refer to as "John," was diligently preparing a base for a concrete pour. The task at hand was no small feat. Alongside were three colleagues and they all had the responsibility of maneuvering a heavy steel sheet weighing a staggering 200kgs.
- [5 Things You Should Know When Buying A House](https://onelaw.com.au/5-things-you-should-know-when-buying-a-house/): Buying a house is an exciting time full of emotions. Before you buy a property, here are 5 tips to help with the process:
- [Varying Final Parenting Orders: The Rule in Rice & Asplund](https://onelaw.com.au/varying-parenting-orders-rice-and-asplund/): Family law matters involving children are often complex, overwhelming and emotional. One Law recently represented a father in a case that involved varying final orders to protect the welfare of his young child.
- [Subcontractor ordered to pay liquidated damages to head builder due to delay in completing works](https://onelaw.com.au/subcontractor-ordered-to-pay-liquidated-damages-to/): All 4 subcontract were in similar format with difference only in the payment terms, site address, date of commencement, liquidated damages etc
- [Builder awarded damages against homeowner after homeowner directed the builder to stop works](https://onelaw.com.au/builder-damages-homeowner-stop-work/): A builder entered into a standard form contract with a homeowner to build a granny flat on their land, under a cost-plus contract of approx.. $200k.
- [Contractor wins restitution order against family members for extensive renovation work without written contract](https://onelaw.com.au/contractor-wins-restitution-order/): A contractor, who was the former brother-in-law of the Defendant, carried out major renovations on a property in Winston Hills owned by the Defendant and her former husband.
- [Challenging a Relative’s Will](https://onelaw.com.au/challenging-a-relatives-will/): Simply being treated unfairly under a relative’s will is not grounds for you to challenge the testator’s will. However, if you believe that a close relative was forced into doing a will or they were forced into making an amendment to their will (called a codicil) by someone you may have grounds to challenge that will.
- [Have you been Treated Unfairly under a Will?](https://onelaw.com.au/have-you-been-treated-unfairly-under-a-will/): If you are a member of a family and feel that you have been treated unfairly under a will, you may have grounds to bring a Family Provision Claim against the person who has left very little or nothing for you after their death.
- [What Happens to your Will after your Death?](https://onelaw.com.au/what-happens-to-your-will-after-your-death/): After your death, your executor who is now your legal representative, is responsible for obtaining what is called a ‘grant of probate’. Probate is necessary for essentially two main reasons:
- [Superannuation Benefits and Your Will](https://onelaw.com.au/superannuation-benefits-and-your-will/): By the time many Australians reach maturity or retirement age, the balance of their super is often a decent sum. A common mistake in many wills drafted by non-professionals is to include instructions on who is to receive super money after the person dies.
- [What is a Will?](https://onelaw.com.au/what-is-a-will/): Your will does not have to just deal with your estate. It can include other wishes like who will look after your children until they reach 18, and whether you like to set up trusts to benefit certain people in your life.
- [Matters You Should Consider When Entering into a Commercial Lease.](https://onelaw.com.au/commercial-lease-key-considerations/): From the perspective of a business owner, a lease is an asset and an integral part of a business and can mean continuous prosperous trade for the tenant for many years to come. If you decide to sell your business in the future, the importance of a good commercial lease becomes magnified and is just as important as the goodwill of your business.
- [What Benefits are Available to First Homeowners in NSW?](https://onelaw.com.au/first-home-buyer-benefits-nsw/): First-home buyers can apply for the First Home Loan Deposit Scheme which will allow eligible singles and couples to pay a deposit of as little as 5% on their first home.
- [How Can a Lawyer Help With Buying and Selling Property?](https://onelaw.com.au/how-can-a-lawyer-help-with-buying-and-selling-property/): Conveyancing is a necessary process in both buying or selling property. As solicitors, we can assist with the settlement and title transfer process by ensuring our clients are meeting all their legal obligations and their rights are protected during the entire transaction.
- [Injured in a Motor Vehicle Accident?](https://onelaw.com.au/injured-motor-vehicle-accident-nsw/): Personal injury arising from motor vehicle accidents are an unfortunate yet unavoidable occurrence of daily life. During this period, it essential that you are aware of your rights and entitlements.
- [Pursuing a Claim for Compensation Against Public Authorities](https://onelaw.com.au/compensation-claims-against-public-authorities/): Public authorities are important bodies that serve various functions in our society and at times, these bodies may be subject to a common law claim for negligence for exercising or failing to exercise their statutory powers or duties. Individuals who seek to sue public authorities for negligence face some difficulties with succeeding as the authorities are often safeguarded by the Civil Liability Act 2002 (NSW).
- [Parenting Orders](https://onelaw.com.au/parenting-orders/): If you are unable to reach an agreement or unable to partake in FDR, then you will be issued with a section 60I certificate. This is what you need to go to Court to seek Parenting Orders.
- [Court Orders by Consent](https://onelaw.com.au/consent-orders-family-law/): Consent Orders are the written agreements which set out the parenting arrangements agreed upon by the separating parties. They are then filed and approved by a court, and while you do not have to go to court to file Court Orders, they have the same legal effect as if they had been made by a judicial officer after a court hearing.
- [Family Dispute Resolution – FDR](https://onelaw.com.au/family-dispute-resolution-fdr/): Family Dispute Resolution (FDR) is the legal term for services (such as mediation), which help families going through a divorce or separation.
- [Family Law – Children and Parenting](https://onelaw.com.au/family-law-children-and-parenting/): At One Law, our team of Specialist Family Law Lawyers place the children’s needs first, and work with both parties to ensure their ongoing safety and wellbeing.
- [Letters of Administration](https://onelaw.com.au/letters-of-administration/): The death of a family member or loved one a truly emotional time, and often with their death comes unexpected burden.
- [Will](https://onelaw.com.au/will/): Writing a will can be a challenging and emotional experience, and there are often may parties that are affected by the decisions you make in your will. One such example of this is the story of Anita and Ellen.
- [Successful Purchase of Property with lower penalty negotiated and no default interest being charged](https://onelaw.com.au/property-purchase-penalty-interest-negotiated/): It is without a doubt that COVID has changed an immeasurable number of things. One such example of this is the story of our client Arnold.
- [Successful Sale of Property without incurring Extra cost in transfer duty.](https://onelaw.com.au/property-sale-transfer-duty-saved/): One law arranged for a transfer to occur on their Principal Place of residence without incurring any transfer duty, a security substitution, and a successful settlement of the property to the third-party purchaser.
- [Successful on time Sale of Property despite Purchasers unreasonable rectification requests.](https://onelaw.com.au/property-sale-rectification-requests-resolved/): Our clients Scott and Holly decided to sell their first home. On the day settlement was due to occur, the purchaser completed their pre-settlement inspection and made unreasonable rectification requests which threatened to delay settlement.
- [Successful Sale of Property with Over $8,500 in Adjustments Which Made Up for Loss of Rent Suffered](https://onelaw.com.au/property-sale-adjustments-rent-recovered/): Our clients Matthew and Elenor decided to sell their family home in Melbourne. The purchaser was a developer and required a 6-month settlement period, to which our clients agreed. An ordinary settlement period is usually 6 weeks, but Matthew and Elenor were happy to grant the extension given that our team was able to negotiate an unconditional early release of the deposit.
- [Small Debt Successfully Recovered in Local Court](https://onelaw.com.au/small-debt-recovery-local-court/): Our client Nathan loaned a total of $6,000 to his friend, on the basis that it would be repaid within a certain amount of time. Unfortunately, this didn’t go to plan, and Nathan and his friend were unable to settle through negotiation.
- [Successful Negotiations Result in Recovery of Unpaid Rent Money from Lessee](https://onelaw.com.au/recovering-unpaid-commercial-rent/): Court proceedings were withdrawn, saving both parties money in extensive litigation and court fees. This proved to be a win-win for both Julian and Simon as well as the other party.
- [Business Partners win against a Builder for building left with Defects and Incomplete work.](https://onelaw.com.au/building-defects-incomplete-work-claim/): Our clients Brad and Steve were business partners who entered into a Home Building Contract with a builder to carry out building works which included the construction of residential and commercial premises for over 2.5 million dollars.
- [Petrol station operator & company director facing loss of family home from corporate watchdogs.](https://onelaw.com.au/company-director-defence-asset-protection/): Our client Chris, along with another director operated a small petrol station in Sydney. Much like many other people, Chris put all his trust and confidence in his business partner, who assured him that the maintenance and financial stability of the business, along with all legal responsibilities would be well taken care of.
- [Informal Partnerships Challenged in the Supreme Court of NSW.](https://onelaw.com.au/informal-partnership-dispute-challenged-in-the-supreme-court/): Our client Sam, was an Iraqi migrant who had come to Australia to live a better life. He had put all his life’s savings into a number of different partnership businesses with a number of other partners.
- [Formworker Facing a $83,000 Claim Against His Company Receives $35,000 by Way of a Lump Sum Settlement](https://onelaw.com.au/commercial-dispute-lump-sum-settlement/): Our client Timothy was a formworker for a company with whom he had done sub-contracting formwork and steel fixing work on a residential job site in the Sydney Metropolitan Area that worth almost half a million dollars.
- [Client succeeds in Contravention Application against spouse for breach of parenting orders and reunites with child after 6 months](https://onelaw.com.au/contravention-application-parenting-orders-success/): After settling the matter for our client, and achieving final parenting Court Orders, the other party breached the final orders by deciding to withhold unsupervised time between our client and his child, without a valid reason. We urgently lodged a Contravention Application in the Federal Circuit Court against the other party and our client was successful in his Contravention Application and in proving that the other party did not have a reasonable excuse to withhold time between him and his child. Orders were made for immediate resumption of time in accordance with the final orders, makeup time for our client, as well as orders that the other party partake in a parenting after separation course together with entering into a good behaviour bond for 2 years, as a result of her contraventions. Our client was overjoyed to resume time with his child after 6 months of restricted time.
- [De facto spouse successfully obtains an order to keep the former matrimonial home and receives monetary settlement.](https://onelaw.com.au/de-facto-property-settlement-matrimonial-home/): Tony, who was already suffering from a work injury and financial burden, was provided a great deal of relief due to the family law settlement we achieved for him, in that he did not have to lose his home.
- [Husband receives double the property settlement he was first willing to accept.](https://onelaw.com.au/property-settlement-doubled-outcome/): It was then that Tony came to see the family law team at One Law and in a short time, we were able to negotiate a fairer deal, which resulted in him walking away with double the property settlement sum that he was previously offered.
- [Enquiry and prompt investigation leads to the discovery of undisclosed property and a successful spousal maintenance order for our client](https://onelaw.com.au/undisclosed-property-spousal-maintenance/): We acted quickly and applied for a spousal maintenance order for Melissa, who was suffering a huge amount of financial stress as a result of debts that had also been racked up. We succeeded in obtaining such an order, giving Melissa much needed financial support for herself and the children.
- [Father reunites with child after mother relocates with child to Melbourne without father’s consent](https://onelaw.com.au/child-relocation-recovery-order/): Michael came to us after his ex-wife had taken their one-year old daughter to Melbourne. She refused to return to Sydney, leaving Michael distressed and upset at the prospect of not seeing his daughter again.
- [Financially Dependant Partner with ill child gets 67% of proceeds of property Settlement](https://onelaw.com.au/long-financially-dependant-partner-with-ill-child-gets-67-of-proceeds-of-property-settlement-short-mother-of-two-receives-67-of-property-settlement/): The team at One Law was able to achieve a favourable property settlement for Anna without having to go to Court and by arranging a mediation at our office. We argued her the ex-partner had a duty under the Family Law Act to financially maintain our client and the children as Anna did not have the same earning capacity as her ex-partner.
- [Slip and Fall at Supermarket results in $20,000 compensation for 74 Year old Pensioner](https://onelaw.com.au/slip-and-fall-supermarket-compensation/): Our client Samuel was doing his weekly grocery shop at his local supermarket. On this particular day, he walked along the bread aisle and grabbed a loaf of bread before heading towards the checkout counter through the fruit section. During the short walk to the counters, Samuel slipped and fell causing injuries to his neck, lower back and shoulders.
- [Worker receives $200,000 in Compensation from Injury caused by lifting Old Analog Television at Work without Assistance](https://onelaw.com.au/workers-compensation-lifting-injury-payout/): Jack sought the assistance of our firm after having sustained an injury to his back while working at a recycling and waste management site. During his employment, Jack performed what seemed to be the simple task of lifting a television out of a vehicle for disposal, but he accidentally twisted his upper body prior to moving his feet, which resulted in severe injury to his back.
- [Hazzardous Workplace and Lack of Assistance Results in $500,000 in Work Injury Damages Compensation Settlement](https://onelaw.com.au/work-injury-damages-hazardous-workplace/): Our client Mark was injured during the course of his employment as a production/testing and inspection officer. His employer had instructed him to perform production and testing of wire rope and chain assemblies without the appropriate equipment, tools or assistance, and as Mark pulled a wire rope away from a winding machine, grease began to drip onto the floor causing him to lose his footing and fall backwards.
- [Over $4.3 mil Secured for a Family involved in a Head on Collision with a Truck Driver who fell asleep at the wheel](https://onelaw.com.au/motor-accident-compensation-truck-collision/): Our clients Mike, Jenna and their two kids were coming home from a short family vacation on the Gold coast with their Aunt Georgia, when tragedy struck.
- [Injured Worker receives $150,000 in lost Workers Compensation Weekly Payments](https://onelaw.com.au/workers-compensation-weekly-payments-backpay/): Our client Sarah was employed as a veterinarian, and on the date of her injury, she was lifting a heavy dog onto the bed, causing her to suffer an injury to her back. She reported the injury to the Workers Compensation insurer, who quickly declined the claim arguing that what had happened was not a substantial contributing factor to her injury.
- [Security Guard Injured at Work Receives $46,500 Payout for Workplace Bullying and Harassment](https://onelaw.com.au/workplace-bullying-harassment-compensation/): Our client Jackson was employed as a security guard at a Hospital for 15 years. After his employment was terminated for alleged misconduct, he made a workers compensation claim for a psychological injury.
- [Five legal mistakes to avoid after a car accident](https://onelaw.com.au/five-legal-mistakes-to-avoid-after-a-car-accident/): After getting injured in a car accident, your actions can have an influence on whether you will receive money for damages. When consulting an auto accident lawyer, they will ask you what you did and did not do after the accident. To build the best case for you, avoid these five mistakes after an accident:
- [Injured at work? 7 things you must know!](https://onelaw.com.au/injured-at-work-what-you-must-know/): Most injured workers don’t know their rights or entitlements. Here are 7 things you must know. You can make a claim for compensation. If you've been injured at work you can immediately start receiving compensation for loss of wages if you are unable to return to work and treatment expenses such as investigations (MRI & CT scans), physiotherapy, specialists consultations and surgery. You have the right to choose your own doctors and treatment providers. You can consult your own family doctor, specialists or rehabilitation providers to assist you in your treatment, recovery and return to work. Don’t let anyone tell you otherwise! You may be entitled to receive a tax free lump sum payment. If your injuries become permanent you may be entitled to a tax free lump sum payment usually between $25,000 and $200,000. Your injuries will need to be assessed by an approved doctor. If your injuries are serious or you are recovering from surgery you can apply to receive help around the home also known as domestic assistance. Your injuries may prevent you from completing tasks around the home such as mowing the lawn and cleaning the house, if so the insurer may pay for these services on a temporary or ongoing basis. Your workers compensation claim may not be the only claim for compensation you can make. There are times when others may be held responsible for your injuries. There are times when others may be held responsible for your injuries and larger claims for compensation can be made, for example, if you are sent by your employer to a construction site managed by others, or involved in a car accident that was not your fault. If your injuries are serious, larger claims for compensation can be made against your employer and you may be eligible for total and permanent disability compensation through your superannuation fund. If the insurer denies your claim or treatment they must provide you with a letter (usually titled a Section 74 Notice) explaining all the reasons for the denial. You can usually fight any decision of the insurer at the Workers Compensation Commission with the assistance of a lawyer at no cost to you. Injured workers are entitled to receive free legal representation. Why struggle to deal with the insurer on your own when you can apply for free legal assistance. The Workers Independent Review Office (WIRO) will pay all your legal fees and will also pay for clinical records and medical reports from your treating doctors and reports from independent doctors needed to help prepare your case. Help is available, call our advice line on 9119 2232 to speak directly with one of our team.
## Pages
- [Christopher Moutafis](https://onelaw.com.au/lawyers/christopher-moutafis/): I am a Solicitor in the Common Law team at One Law, practising predominantly in personal injury litigation. I represent clients across a broad range of matters, including work injury damages, motor accident claims, public liability, occupiers liability, medical negligence and civil litigation. I manage a substantial caseload, regularly appear before the Personal Injury Commission and the Courts, and work closely with counsel to achieve the best possible outcomes for my clients.
- [David Jin](https://onelaw.com.au/lawyers/david-jin/): JTVCdHJ1c3RpbmRleCUyMG5vLXJlZ2lzdHJhdGlvbiUzRGdvb2dsZSU1RA==
- [Hibah Hazim](https://onelaw.com.au/lawyers/hibah-hazim/): JTVCdHJ1c3RpbmRleCUyMG5vLXJlZ2lzdHJhdGlvbiUzRGdvb2dsZSU1RA==
- [John Caristo](https://onelaw.com.au/lawyers/john-caristo/): JTVCdHJ1c3RpbmRleCUyMG5vLXJlZ2lzdHJhdGlvbiUzRGdvb2dsZSU1RA==
- [John Ly](https://onelaw.com.au/lawyers/john-ly/): I am a senior legal practitioner with over 13 years of experience advising and representing individuals, families, and businesses across a broad range of complex legal matters however predominately in family law matters. My practice encompasses family law, property law, probate and estate administration, criminal law, and commercial and civil litigation, with a reputation for delivering strategic, commercially astute, and outcome-driven legal solutions.
- [Zackariyya Fayad](https://onelaw.com.au/lawyers/zackariyya-fayad/): I am an aspiring young law student with a strong sense of justice. Currently pursuing a Bachelor of Arts and Law at UNSW, I am exploring complex legal and political concepts. At One Law, I enjoy interacting with and helping our clients, aiding their navigation of the difficult personal injury legal system. It is with great pleasure that I am able to help those in need through adequate legal advocacy. Being able to provide real solutions with kindness, care, and understanding is what motivates me to continue striving for success. Most importantly, throughout my experiences, I have come to learn of the importance of communication and compassion, intending to uphold these standards in my future.
- [Sarina Berqodian](https://onelaw.com.au/lawyers/sarina-berqodian/): I am currently undergoing a Bachelor of Law and Bachelor of Business Degree. At One Law, I endeavour to help and assist our clients with care, empathy, and a professional outlook in matters of Personal Injury. I am building a strong foundation in my role as I bring attention to detail and a deep sense of purpose to every interaction. I am passionate about the law and in future years, I aspire to build a career central to providing meaningful outcomes and success for our clients.
- [Arfa Khan](https://onelaw.com.au/lawyers/arfa-khan/): JTVCdHJ1c3RpbmRleCUyMG5vLXJlZ2lzdHJhdGlvbiUzRGdvb2dsZSU1RA==
- [Kayla Hennessy](https://onelaw.com.au/lawyers/kayla-hennessy/): I am a passionate and dedicated professional with over seven years of experience in customer service management. I’m strongly committed to delivering exceptional service and consistently strive to exceed client expectations. I approach each interaction with empathy, especially during challenging situations to ensure clients feel heard, respected, and genuinely prioritized. I take pride in providing support and assistance to those in need. I believe this approach is essential to building trust and long-term loyalty.
- [Reshmita Singh](https://onelaw.com.au/lawyers/reshmita-singh/): I am admitted to practise in both New South Wales, Australia and Fiji, with a genuine passion for guiding people through some of life’s most challenging and emotional moments.
- [Zeinab Slaibi](https://onelaw.com.au/lawyers/zeinab-slaibi/): I am a second-year Bachelor of Law student and a Legal Administrative Assistant in the Workers Compensation team. My active participation in university law societies and groups has strengthened my knowledge of legal processes, communication skills, and ability to work effectively in a team. I bring the same values of professionalism, empathy, and reliability to my legal support role, ensuring clients feel heard and supported at every stage. In my role at One Law I am passionate to contributing positively to the lives of others while continuing to grow as a legal professional.
- [Christina Hanna](https://onelaw.com.au/lawyers/christina-hanna/): I am a passionate lawyer who is part of the workers compensation team at One Law. I hold a Bachelor of Law and Bachelor of Business and was admitted as a solicitor in the Supreme Court of NSW in 2023.
- [Matthew Rabadi](https://onelaw.com.au/lawyers/matthew-rabadi/): I am a dedicated and highly motivated law student with three years of practical experience in various areas of law. I started in the field of institutional abuse and have since expanded my expertise to include public and occupiers’ liability, motor vehicle accident claims, and worker injury damages claims. I am passionate about specialising in personal injury law and committed to excelling in these areas as I progress toward becoming a solicitor.
- [Hayley Bonica](https://onelaw.com.au/lawyers/hayley-bonica/): I hold a Bachelor of Criminology and Criminal Justice and a Diploma of Policing Practice, and I’m currently studying a Bachelors of Laws. At One Law, I work in the Common Law team where I assist with motor vehicle accident claims, public liability matters, occupiers’ liability, and work injury damages.
- [Hannah Yari](https://onelaw.com.au/lawyers/hannah-yari/): I am a third-year Law student and currently support the Personal Injury team at One Law. My role has provided hands-on experience in navigating complex legal matters, particularly within personal injury law.
- [Tiana Read](https://onelaw.com.au/lawyers/tiana-read/): I am currently completing a double degree in Law and Commerce. At One Law, I work as a Legal Administrative Assistant within the Personal Injury team, with a particular focus on Common Law claims. In my role, I approach each matter with professionalism, care, and attention to detail—supporting my colleagues and helping clients feel informed and reassured throughout their legal journey. Working in personal injury has highlighted the importance of clear communication and compassionate support, especially during what is often a challenging time in a client’s life. As I continue to grow within the legal profession, I am committed to expanding my practical skills, embracing new responsibilities, and contributing meaningfully to the success of our clients and the broader One Law team.
- [Ray Morris](https://onelaw.com.au/lawyers/ray-morris/): I am currently a fourth-year Bachelor of Laws student at the University of Technology Sydney . I am fortunate to work within the common law team, supporting the lawyers in matters such as work injury damages, motor vehicle accidents, public liability, and occupiers’ liability claims. My enthusiasm for the legal field is matched by my determination to help clients navigate challenging situations and achieve fair, just outcomes. I approach each case with a strong sense of responsibility and a dedication to thoroughness, ensuring clients receive the guidance and support they need.
- [Nelufer Anwaryar](https://onelaw.com.au/lawyers/nelufer-anwaryar/): With extensive experience in many areas of personal injury, I pride myself working at One Law Group where we believe in advocating for our client's best interest. I am committed to being empathetic to the needs of our clients in their life changing situations. Over the years, I have dedicated myself in volunteering for various community initiatives including working with the Afghan Community Support Association of NSW, Settlement Services International and Mahboba's Promise as a few of many.
- [Jacinta Jones](https://onelaw.com.au/lawyers/jacinta-jones/): JTVCdHJ1c3RpbmRleCUyMG5vLXJlZ2lzdHJhdGlvbiUzRGdvb2dsZSU1RA==
- [Iraj Shawl](https://onelaw.com.au/lawyers/iraj-shawl/): JTVCdHJ1c3RpbmRleCUyMG5vLXJlZ2lzdHJhdGlvbiUzRGdvb2dsZSU1RA==
- [Ariba Altaf](https://onelaw.com.au/lawyers/ariba-altaf/): JTVCdHJ1c3RpbmRleCUyMG5vLXJlZ2lzdHJhdGlvbiUzRGdvb2dsZSU1RA==
- [Andrew Bevan](https://onelaw.com.au/lawyers/andrew-bevan/): “I make a commitment to get something done; I will at all times follow through on that commitment.”
- [Aedona Agda](https://onelaw.com.au/lawyers/aedona-agda/): JTVCdHJ1c3RpbmRleCUyMG5vLXJlZ2lzdHJhdGlvbiUzRGdvb2dsZSU1RA==
- [Total Permanent Disability Australia](https://onelaw.com.au/total-permanent-disability-australia/): Total Permanent Disability (TPD) is a claim made by an individual when they are not able to continue in their work due to an illness or injury. Most people are not aware that their superannuation fund may include TPD insurance cover. This cover can significantly benefit individuals at time of distress and uncertainty.
- [Total Permanent Disability](https://onelaw.com.au/total-permanent-disability/): Total Permanent Disability (TPD) is a claim made by an individual when they are not able to continue in their work due to an illness or injury. Most people are not aware that their superannuation fund may include TPD insurance cover. This cover can significantly benefit individuals at time of distress and uncertainty.
- [Thank You](https://onelaw.com.au/thank-you/): Thank You Thank you for your enquiry. It has been sent to our team, and we will be in touch with you shortly.
- [Wills and Estate](https://onelaw.com.au/wills-and-estate/): A Will is a legal document that formalises your wishes in relation to your assets and possessions. A Will appoints as person as an Executor(s), who is responsible for administering a deceased person's estate, ensuring that any debts are paid, and distributing the remaining assets as detailed inthe Will to nominated beneficiaries.It is important to obtain legal advice to ensure your wishes are well documented and executed in accordance with the guidelines for creating a Will. Easy to use will kits, available online or over the phone, might seem convenient but can easily become invalidated due to a failure to complete the legal requirements to make the Will effective. Our team will guide you through the process to ensure your wishes are protected and respected.It is important to ensure that your Will is kept updated if anything significant changes such as getting married, divorced, having children or the purchase of a large asset. Our lawyers will undertake a review and update your Will, to ensure that the distribution of any assets you acquire in the future are safeguarded.Wills can be contested on many grounds, including where the deceased person may have been under undue influence or lacked the mental capacity attime of creating Will. A person excluded from a Will, but entitled to a share inthe estate can also contest a Will. Our team can assist you through the legal process involved to contest a Will. Time limitation periods apply to contest a Will, So it is important tocontact our lawyers as soon as possible.There are two types of applications you can make to the Supreme Court of NSW to execute or administer a deceased person's estate:
- [Conveyancing Lp](https://onelaw.com.au/conveyancing-lp/): There are many considerations when buying a property. Our team will review the contract for sale and advise on any special conditions or risks involved in the transaction.
- [Charbel Zoghaib](https://onelaw.com.au/lawyers/charbel-zoghaib/): Call us on our advice line 1800 663 529 or leave your details and we’ll call you.
- [Personal Injury](https://onelaw.com.au/personal-injury/): in securing compensation for our workers compensation clients.
What do Wills, Power of Attorney, Enduring Guardianship and Probate all mean?
What do Wills, Power of Attorney, Enduring Guardianship and Probate all mean?
[vc_row type=”in_container” full_screen_row_position=”middle” column_margin=”default” column_direction=”default” column_direction_tablet=”default” column_direction_phone=”default” scene_position=”center” text_color=”dark” text_align=”left” row_border_radius=”none” row_border_radius_applies=”bg” row_position_desktop=”default” row_position_tablet=”inherit” row_position_phone=”inherit” overflow=”visible” overlay_strength=”0.3″ gradient_direction=”left_to_right” shape_divider_position=”bottom” bg_image_animation=”none”][vc_column column_padding=”no-extra-padding” column_padding_tablet=”inherit” column_padding_phone=”inherit” column_padding_position=”all” flex_gap_desktop=”10px” column_element_direction_desktop=”default” column_element_spacing=”default” desktop_text_alignment=”default” tablet_text_alignment=”default” phone_text_alignment=”default” background_color_opacity=”1″ background_hover_color_opacity=”1″ column_backdrop_filter=”none” column_shadow=”none” column_border_radius=”none” column_link_target=”_self” column_position=”default” gradient_direction=”left_to_right” overlay_strength=”0.3″ width=”1/1″ tablet_width_inherit=”default” animation_type=”default” bg_image_animation=”none” border_type=”simple” column_border_width=”none” column_border_style=”solid”][vc_column_text css=”” text_direction=”default”]Wills and estate planning is a task that can feel overwhelming, especially when we haven’t heard of the terms such as Wills, Power of Attorney, Enduring Guardianship and Probate. Allow One Law to simplify these tasks and define what each term means:
A Will
A Will is a legal document that formalises your wishes in relation to your assets and possessions. A Will appoints your Executor, who is person responsible for administering the deceased person’s estate, ensuring that any debts are paid, and distributing the remaining assets as detailed in the Will. A Will also appoints your beneficiaries to receive your assets.
Power of Attorney
A Power of Attorney is a legal document providing someone (Attorney) the authority to make legal and financial decisions on your behalf. The Power of Attorney is beneficial if you are travelling overseas or unwell, allowing you to still attend to your matters such as signing documents or dealing with property. There are two types of Power of Attorney:
·General Power of Attorney – assists with decisions to be made on your behalf while you have mental capacity to do so. It ceases when you lose mental capacity.
·Enduring Power of Attorney – assists with decisions to be made on your behalf, before and after you have lost mental capacity to do so.
Enduring Guardianship
An Enduring Guardianship enables you to designate a trusted individual (Guardian) to make vital decisions about your medical health, dental health and lifestyle. This will only apply once you are unable to make important decisions and will continue as longer you require unless:
·You cancel or revoke it, before you lose mental capacity
·Your guardian resigns or unable to be carry out the role
·Guardianship Division of NSW Civil and Administrative Tribunal (NCAT) or the NSW Supreme Court revokes or changes the appointment.
Probate
Probate is a legal process that validates the Will of a deceased person so that their wishes can be carried out by any executors named in the Will. An application for a Probate or Letters of Administration is made where the deceased person has assets. There are two types of applications you can make to the Supreme Court of NSW:
·Grant of Probate – a legal document that authorises an executor (or executors) to manage and distribute the estate of a deceased person in accordance with the provisions of the deceased’s will; and
·Grant of Letters of Administration – a legal document that authorises an administrator (or administrators) to manage the estate of a deceased person in accordance with the law. This applies where the deceased person did not have a Will.
Call us today on 02 9119 2232 to take advantage of our bundle and senior packages![/vc_column_text][/vc_column][/vc_row]
Contesting a Will: Legal Grounds for Challenging a Testamentary Document
Simply being treated unfairly under a relative’s will is not grounds for you to challenge the testator’s will. However, if you believe that a close relative was forced into doing a will or they were forced into making an amendment to their will (called a codicil) by someone you may have grounds to challenge that will.
All testamentary documents (such as wills or codicils) only come into effect after the person’s death. Where the validity of a testamentary document is in question, the most important question for the court to determine is whether the document was the last will of a free and capable testator.
Challenges are generally limited to the following grounds:
If there are allegations that the will or codicil was not executed in a manner required by law
If there are allegations that the testator lacked testamentary capacity
If there are allegations that the deceased did not know and approve of the document.
If there are allegations that the document was obtained by undue influence (in the sense that the person was forced)
If there are allegations of fraud
If there are allegations that the document has been revoked. This is usually established by a later testamentary document or conduct of the deceased.
It is important to understand that suspicious circumstances surrounding a testamentary document of themselves are not enough. There must be good evidence to establish a fact that the will or codicil was not made by a testator who was free and capable of giving such instructions.
In matters involving challenges to a testamentary document, the court will usually make orders for the parties to attend a mediation. The purpose of mediation is for the parties to see if they can come to an agreement without the need to proceed to an expensive court hearing. If mediation has already been attempted, then court may by-pass this stage.
If you believe any of the grounds explained above may apply in your case, contact us today for more information.
[vc_row type=”in_container” full_screen_row_position=”middle” column_margin=”default” column_direction=”default” column_direction_tablet=”default” column_direction_phone=”default” scene_position=”center” text_color=”dark” text_align=”left” row_border_radius=”none” row_border_radius_applies=”bg” row_position_desktop=”default” row_position_tablet=”inherit” row_position_phone=”inherit” overflow=”visible” overlay_strength=”0.3″ gradient_direction=”left_to_right” shape_divider_position=”bottom” bg_image_animation=”none”][vc_column column_padding=”no-extra-padding” column_padding_tablet=”inherit” column_padding_phone=”inherit” column_padding_position=”all” flex_gap_desktop=”10px” column_element_direction_desktop=”default” column_element_spacing=”default” desktop_text_alignment=”default” tablet_text_alignment=”default” phone_text_alignment=”default” background_color_opacity=”1″ background_hover_color_opacity=”1″ column_backdrop_filter=”none” column_shadow=”none” column_border_radius=”none” column_link_target=”_self” column_position=”default” gradient_direction=”left_to_right” overlay_strength=”0.3″ width=”1/1″ tablet_width_inherit=”default” animation_type=”default” bg_image_animation=”none” border_type=”simple” column_border_width=”none” column_border_style=”solid”][vc_column_text css=”” text_direction=”default”]A testator (person who has done a will) can leave their property (or estate) to whoever they like. However, this leads to instances where people closest to the testator are left with little to no inheritance under a will.
There are many reasons for this but usually the most common is disputes between members of a family, such as siblings or spouses.
If you are a member of a family and feel that you have been treated unfairly under a will, you may have grounds to bring a Family Provision Claim against the person who has left very little or nothing for you after their death.
What is Family Provision Claim?
The law recognises that people can leave their assets to whomever they wish to do so after they die. However, the law imposes a moral obligation on people to provide adequately for others in their lives after their death.
This is usually the person’s surviving spouse and children. It can also include those that were dependant on the deceased.
In rare cases, it can also include a former spouse and also a person with whom the deceased lived with.
The persons described above may be considered ‘eligible persons’ for the purposes of a Family Provision application. In determining an application, the court takes a number of others matters into consideration before making a decision.
If you think that you have been treated unfairly under a will and believe you may be an eligible person, you have 12 months from the date that the deceased died to make an application to the NSW Supreme Court for a Family Provision order.
What Happens to Your Will After Death: The Probate Process
Every properly drafted will should nominate an executor and also another executor in the alternative in case the first one is unable or unwilling or unable to act.
After your death, your executor who is now your legal representative, is responsible for obtaining what is called a ‘grant of probate’. Probate is necessary for essentially two main reasons:
To obtain title to your property; and
To have authority to deal with your estate
Probate is granted by the NSW Supreme Court to the executor. It is important to note that until probate is granted, your executor is not allowed to deal with your estate or do anything including making payments to anyone. If your executor begins to administer your estate prior to probate being granted, they may be held personally liable for any loss or damage suffered by anyone including any beneficiaries.
Applying for a grant of probate is technical and should not be attempted without professional advice. There are also time limitations that apply for the Supreme Court from the date of death and missing them can present problems for executors.
If you are an executor of a will and need help, contact our office for a free initial consultation.
We can advise you whether a grant is required or not. If the circumstances of the estate indicate that a grant is required, we will give you the right advise to ensure that the administration of estate takes place in a timely fashion, and the rights of beneficiaries under the will are protected.[/vc_column_text][/vc_column][/vc_row]
[vc_row type=”in_container” full_screen_row_position=”middle” column_margin=”default” column_direction=”default” column_direction_tablet=”default” column_direction_phone=”default” scene_position=”center” text_color=”dark” text_align=”left” row_border_radius=”none” row_border_radius_applies=”bg” row_position_desktop=”default” row_position_tablet=”inherit” row_position_phone=”inherit” overflow=”visible” overlay_strength=”0.3″ gradient_direction=”left_to_right” shape_divider_position=”bottom” bg_image_animation=”none”][vc_column column_padding=”no-extra-padding” column_padding_tablet=”inherit” column_padding_phone=”inherit” column_padding_position=”all” flex_gap_desktop=”10px” column_element_direction_desktop=”default” column_element_spacing=”default” desktop_text_alignment=”default” tablet_text_alignment=”default” phone_text_alignment=”default” background_color_opacity=”1″ background_hover_color_opacity=”1″ column_backdrop_filter=”none” column_shadow=”none” column_border_radius=”none” column_link_target=”_self” column_position=”default” gradient_direction=”left_to_right” overlay_strength=”0.3″ width=”1/1″ tablet_width_inherit=”default” animation_type=”default” bg_image_animation=”none” border_type=”simple” column_border_width=”none” column_border_style=”solid”][vc_column_text css=”” text_direction=”default”]By the time many Australians reach maturity or retirement age, the balance of their super is often a decent sum. A common mistake in many wills drafted by non-professionals is to include instructions on who is to receive super money after the person dies.
How superannuation death benefits are paid
It is important to note that super is managed by a Trustee on behalf of the fund. The Trustee makes their decision on who is to receive the death benefit of a member who has died in accordance with legal guidelines as well as any binding death nominations that the member provided to the fund before they died. If the member had completed a binding death nomination form and nominated any person(s) as their benefactors, then the Trustee must distribute the death benefit in accordance with that nomination.
But if there is no binding death nomination form, or it has expired because it was done more than 3 years ago, then the Trustee has discretion to give the death benefit to any persons they deem appropriate. As a result, super does not form part of your estate and any instructions in your will as to who will benefit from your death benefit is invalid.
If you or a loved one have a will that gives instructions on who is to benefit from your super and you are unsure whether a binding death nomination form has been completed with your super fund, it is crucial that you speak to one of our lawyers today to make sure proper arrangements can be made (including changing your will if necessary) to ensure your super is dealt in a way that you want it.[/vc_column_text][/vc_column][/vc_row]
A person (called a testator or testatrix) leaves a will when they make a written declaration about what they want done with their property and assets (called their estate) after their death.
Your will does not have to just deal with your estate. It can include other wishes like who will look after your children until they reach 18, and whether you like to set up trusts to benefit certain people in your life.
Many people have already done a will at some point in their life, whether on their own or with the help of a professional. However, not many people are aware that whilst the legal requirements of a valid will are simple under the Succession Act 2006 (NSW), these requirements can easily be overlooked or challenged by others after their death leaving their estate subject to family disputes and legal battles. Your will should also include a revocation clause to clearly indicate that you want your will to operate as your final testamentary wishes. This removes doubt on any old documents that may also be considered a will or an informal will.
Regardless of your age, If you have any assets and want to make sure that those assets are dealt with in a particular way, it is important that you speak to a lawyer who specialises in Estate Planning and get them to prepare a professionally drafted will.
Our lawyers at One Law can also advise you on other Estate Planning documents to ensure that you are protected if adversity strikes.
[vc_row type=”in_container” full_screen_row_position=”middle” column_margin=”default” column_direction=”default” column_direction_tablet=”default” column_direction_phone=”default” scene_position=”center” text_color=”dark” text_align=”left” row_border_radius=”none” row_border_radius_applies=”bg” row_position_desktop=”default” row_position_tablet=”inherit” row_position_phone=”inherit” overflow=”visible” overlay_strength=”0.3″ gradient_direction=”left_to_right” shape_divider_position=”bottom” bg_image_animation=”none”][vc_column column_padding=”no-extra-padding” column_padding_tablet=”inherit” column_padding_phone=”inherit” column_padding_position=”all” flex_gap_desktop=”10px” column_element_direction_desktop=”default” column_element_spacing=”default” desktop_text_alignment=”default” tablet_text_alignment=”default” phone_text_alignment=”default” background_color_opacity=”1″ background_hover_color_opacity=”1″ column_backdrop_filter=”none” column_shadow=”none” column_border_radius=”none” column_link_target=”_self” column_position=”default” gradient_direction=”left_to_right” overlay_strength=”0.3″ width=”1/1″ tablet_width_inherit=”default” animation_type=”default” bg_image_animation=”none” border_type=”simple” column_border_width=”none” column_border_style=”solid”][vc_column_text css=”” text_direction=”default”]The death of a family member or loved one a truly emotional time, and often with their death comes unexpected burden.
When letters of administration are required
On one particular instance, our team of specialist lawyers acted for an estate where the deceased died intestate (passed away without having made a will). The gentleman however, left a suicide note intended to be his ‘final will & testament’. In that note, the deceased named our client Bella as the executor of his estate and residuary beneficiary, meaning she was to receive any property that was not specifically left to anyone else. Also included in his note, the deceased named individuals to whom he owed money to.
Apart from requesting that the court grant probate of the suicide notes as an informal document, we were required to obtain the consent of all those named on the suicide notes as they were deemed to be ‘affected persons’ for the purpose of the Supreme Court Rules. Time was of the essence in this matter as the estate owed considerable debts to mortgagees on properties which were attracting interests.
We were able to draft and execute proper documents with respect to all affected persons to obtain their consent so that the probate application can be granted for our client and she could administer the deceased’s estate as per his final wishes.
In instances such as these it’s important to speak to the dedicated team of specialists at One Law to ensure that not only are your loved ones best interests maintained, but also that unexpected financial costs are kept to a minimum.[/vc_column_text][/vc_column][/vc_row]
[vc_row type=”in_container” full_screen_row_position=”middle” column_margin=”default” column_direction=”default” column_direction_tablet=”default” column_direction_phone=”default” scene_position=”center” text_color=”dark” text_align=”left” row_border_radius=”none” row_border_radius_applies=”bg” row_position_desktop=”default” row_position_tablet=”inherit” row_position_phone=”inherit” overflow=”visible” overlay_strength=”0.3″ gradient_direction=”left_to_right” shape_divider_position=”bottom” bg_image_animation=”none”][vc_column column_padding=”no-extra-padding” column_padding_tablet=”inherit” column_padding_phone=”inherit” column_padding_position=”all” flex_gap_desktop=”10px” column_element_direction_desktop=”default” column_element_spacing=”default” desktop_text_alignment=”default” tablet_text_alignment=”default” phone_text_alignment=”default” background_color_opacity=”1″ background_hover_color_opacity=”1″ column_backdrop_filter=”none” column_shadow=”none” column_border_radius=”none” column_link_target=”_self” column_position=”default” gradient_direction=”left_to_right” overlay_strength=”0.3″ width=”1/1″ tablet_width_inherit=”default” animation_type=”default” bg_image_animation=”none” border_type=”simple” column_border_width=”none” column_border_style=”solid”][vc_column_text css=”” text_direction=”default”]Writing a will can be a challenging and emotional experience, and there are often may parties that are affected by the decisions you make in your will. One such example of this is the story of Anita and Ellen.
Writing a Will: Lessons From a Real Client Case
Anita and her sister Ellen came to our office to seek guidance in preparing Anita’s will.
Whilst in many instances, the presence of a support person is helpful, certain events raise concern because it appeared in this particular situation that Anita seemed swayed and pressured by her sister Ellen. We tried seeking instructions from the Anita on her own, but as hard we tried, Ellen would not leave her side.
To avoid a family conflict, we advised both Anita and Ellen that under the law (Succession Act 2006 NSW), a beneficial disposition in a will, whether in a gift or otherwise, becomes void if the person receiving that gift is present or is a witness to the will when it is made.
It was only then that Ellen stepped back and allowed us to speak in private with Anita. During this discussion, the team discovered that Anita did not want to leave her sister Ellen anything in her will, as she had three children of her own, and preferred to leave her assets to them instead.
Anita had a sizeable estate, and we were concerned that there might be future claims to dispute the will. To minimise future claims, we advised her that we should do a detailed affidavit for her and leave it on the record to explain the reasons for her decisions under the will.
This is a perfect example of ensuring will drafting is done right from the start as to minimise any future conflicts, will disputes or family provision claims that can really exhaust the assets of the estate and leave those who are rightfully entitled with nothing. That’s why it’s crucial that when preparing you will you speak to the team of experienced Lawyers at One Law Group.[/vc_column_text][/vc_column][/vc_row]
- [Probate](https://onelaw.com.au/probate/): Put your mind at ease and allow our Team of experienced Probate lawyers to assist with the application from start to finish.
- [Michelle Allen](https://onelaw.com.au/lawyers/michelle-allen/): “I believe the client is at the heart of everything we do”
- [Angelo Margiotta](https://onelaw.com.au/lawyers/angelo-margiotta/): JTVCdHJ1c3RpbmRleCUyMG5vLXJlZ2lzdHJhdGlvbiUzRGdvb2dsZSU1RA==
At One Law, we are committed to delivering outstanding legal services and achieving favorable outcomes for our clients. Our client Mark*, found himself facing a challenging legal situation. He was subjected to a de facto property claim by a former partner, who was seeking a substantial property adjustment of over $750,000, along with spousal maintenance. She claimed that they had been in a de facto relationship and therefore had legal grounds for such claims.
Mark* turned to One Law for legal representation and we took immediate action to protect his interests. We carefully examined the facts of the case and crafted a robust defense strategy. We argued that there was no de facto relationship between Mark* and his former partner. Alternatively, we contended that if the Court did find a de facto relationship, it was for a period of less than two years. Under the Family Law Act and based on various other legal reasons, we asserted that she was not entitled to a property claim.
Our dedicated legal team presented Mark’s* case before the Court, tirelessly advocating for his rights and interests. We meticulously demonstrated that the applicant did not meet the threshold requirements for a property claim under the Family Law Act.
As a result of our unwavering efforts and strong legal arguments, the Court concluded that, indeed, a de facto relationship existed but for a duration of less than two years. Consequently, the applicant’s claim was dismissed, and Mark* was not required to make any property adjustment or spousal maintenance payments.
This matter exemplifies our commitment to delivering effective legal solutions and securing favorable outcomes for our clients. We are dedicated to protecting our clients’ rights, whether they are facing complex family law matters or any other legal challenges.
If you or someone you know are experiencing a similar situation, call us on 02 9119 2232. We’re here to provide expert guidance, strong representation and a commitment to achieving the best possible results for you. Trust One Law to stand by your side in your legal journey!
*Name in the article has been changed to protect the privacy of our client.[/vc_column_text][/vc_column][/vc_row]
Varying Final Parenting Orders: The Rule in Rice & Asplund
[vc_row type=”in_container” full_screen_row_position=”middle” column_margin=”default” column_direction=”default” column_direction_tablet=”default” column_direction_phone=”default” scene_position=”center” text_color=”dark” text_align=”left” row_border_radius=”none” row_border_radius_applies=”bg” row_position_desktop=”default” row_position_tablet=”inherit” row_position_phone=”inherit” overflow=”visible” overlay_strength=”0.3″ gradient_direction=”left_to_right” shape_divider_position=”bottom” bg_image_animation=”none”][vc_column column_padding=”no-extra-padding” column_padding_tablet=”inherit” column_padding_phone=”inherit” column_padding_position=”all” flex_gap_desktop=”10px” column_element_direction_desktop=”default” column_element_spacing=”default” desktop_text_alignment=”default” tablet_text_alignment=”default” phone_text_alignment=”default” background_color_opacity=”1″ background_hover_color_opacity=”1″ column_backdrop_filter=”none” column_shadow=”none” column_border_radius=”none” column_link_target=”_self” column_position=”default” gradient_direction=”left_to_right” overlay_strength=”0.3″ width=”1/1″ tablet_width_inherit=”default” animation_type=”default” bg_image_animation=”none” border_type=”simple” column_border_width=”none” column_border_style=”solid”][vc_column_text css=”” text_direction=”default”]Family law matters involving children are often complex, overwhelming and emotional. One Law recently represented a father in a case that involved varying final orders to protect the welfare of his young child.
The parties involved had final orders in place since 2019, which allowed for equal time arrangements between the father, the mother, and the child. However, due to growing concerns about the child’s well-being in the mother’s care, the father sought to vary these final orders.
The decision to recommence proceedings was not taken lightly. According to the rules published in the landmark case of Rice & Asplund (1979), final orders can only be varied if there is a significant change in circumstances that warrants a review. In this case, the father had substantial concerns about many things such as, the child being subject to psychological harm in the mothers care, the mothers attitude and lack of care toward the child and the child being exposed to family violence.
The family law team at One Law represented the father at an interim hearing. The objective was to temporarily suspend the existing final orders and reduce the time the child spent with the mother. The Court was satisfied the final orders needed to be varied and agreed with the risks presented to the child. In his judgment, the Senior Judicial Registrar noted:
That the child was at risk and exposed to family violence in the Mother’s care;
That the mother posed a risk of harm to the child’s psychological wellbeing;
That the mother’s attitude towards the wellbeing of the child was concerning; and
That the mother failed to adequately address the risk concerns to the child’s physical and psychological wellbeing.
The matter is listed in mid-2024 for a final hearing. One Law will be arguing the Final Order needs to be varied and the mothers time needs to be reduced in a manner that does not expose the child to family violence and significant psychological harm in the mother’s care.
This case serves as a reminder that the child’s best interest is the paramount consideration in family law matters. It also highlights the importance of legal representation in navigating the complex landscape of family law, especially when it comes to varying final orders.
If you find yourself in a similar situation and need legal advice, call us on 02 9119 2232 or jump on https://onelaw.com.au/contact-us/#form and we’ll contact you. Our team of experienced lawyers are here to help you navigate through these challenging times.[/vc_column_text][/vc_column][/vc_row]
During a separation or divorce, one of the most important factors to consider is the safety and wellbeing of any children involved.
At One Law we work with you to ensure that the long-term effects of your separation have as little impact on your children as possible.
The first step is to participate in what is known as Family Dispute Resolution (FDR) . Here under the guidance of the team at One Law, you and your former partner have the opportunity to discuss and resolve all parenting and/or financial/property arrangements without going to court.
If you are unable to reach an agreement or unable to partake in FDR, then you will be issued with a section 60I certificate. This is what you need to go to Court to seek Parenting Orders.
Parenting Orders are a set of parenting arrangements that are made by a court. They set out and define the responsibilities of each parent in relation to the child/ren, and include factors such as:
Who the child will live with
The time a child is to spend with another person (often the other parent)
The allocation of parental responsibility
Communication between the child and the parents
Any other aspect of the care, welfare or development of the child.
Parenting orders come with legal obligations for both parents, and there are penalties if the parenting order is broken without reasonable excuse. This can include:
Changes to the parenting order
Compulsory post separation parenting programs
Compensation of expenses related to a breach of the parenting order
Community service
And in more extreme circumstances the penalties can include fines and/or imprisonment.
Going to court for Parenting Orders can often be a costly and time-consuming experience. At One Law, we make every effort to avoid court where possible. If, however we must go to court, then our team of Family Lawyers will fight for a favourable outcome for you and any children involved.[/vc_column_text][/vc_column][/vc_row]
Divorce is a stressful and emotional time for separating couples and often, prioritising the rights and wellbeing of the children involved can be challenging.
The first step to resolving the issue is for the separating parties to participate in Family Dispute Resolution (FDR) whereby every effort is made to resolve all parenting and/or financial/property arrangements without going to court.
If during FDR both parties can reach an agreement on these matters, they must then formalise the agreement making it binding. This is what is known as Court Orders by consent.
Consent Orders are the written agreements which set out the parenting arrangements agreed upon by the separating parties. They are then filed and approved by a court, and while you do not have to go to court to file Court Orders, they have the same legal effect as if they had been made by a judicial officer after a court hearing.
While it is best practice to start these proceedings as soon as possible, it is important to note that it must be filed within 12 months of a divorce or two years after the end of a de facto relationship.
With so much to consider, it’s important you speak to the team of family law professionals at One Law, who will guide you through the FDR process, and if necessary, file for the court orders on your behalf. Our team will explain your rights and responsibilities and fight to find a solution that works best for you and your family.[/vc_column_text][/vc_column][/vc_row]
Family Dispute Resolution (FDR) is the legal term for services (such as mediation), which help families going through a divorce or separation.
It is a compulsory step in the separation process, where both parties are asked to discuss issues relating to their children, any properties and finances.
It is however, the main objective of FDR to assist participants in making a parenting plan, which sets out the agreed arrangements for future parenting without going to court.
In most circumstances, children will not be included in FDR, minimising stress and emotional pressure on any children involved.
There are some exceptions to this however, which include child abuse, family violence and extremely urgent matters. The team at One Law will guide you through the process, and help you to understand your rights and responsibilities, and explain the law that applies to your case.[/vc_column_text][/vc_column][/vc_row]
A separation is often one of the most difficult and challenging times for young children, especially when conflict and tension is present between parents.
At One Law, our team of Specialist Family Law Lawyers place the children’s needs first, and work with both parties to ensure their ongoing safety and wellbeing.
When considering divorce, separating parties must first take part in what is known as Family Dispute Resolution (FDR), where every effort is made to resolve the matter.
If both parties are successful in reaching an agreement at FDR, we then assist in documenting the agreement in the form of either Court Orders by consent, or by way of a Parenting Plan. Both of which have different outcomes for the separating parties, and any children involved.
Court Orders are enforceable by the courts, but Parenting Plans are not. Parenting Plans can be useful for parents that are able to co-parent and don’t want the stringency attached to parenting orders made by the Court.
If, for any reason a successful outcome cannot be reached at FDR, then both parties will be issued with what is known as a Section 601 certificate. This is what is needed to go to Court to seek Parenting Orders.
Parenting proceedings can be brought on not only the biological parents of a child, but also by a grandparent, by the child themselves, or by any other person concerned with the care, welfare or development of the child.
The decision to separate already has profound impacts on all parties involved, at One Law we work to minimise the stress and avoid court where possible. We work hard to ensure your child’s best interests remain our priority, as we work to find a solution that fits.
After settling the matter for our client, and achieving final parenting Court Orders, the other party breached the final orders by deciding to withhold unsupervised time between our client and his child, without a valid reason. We urgently lodged a Contravention Application in the Federal Circuit Court against the other party and our client was successful in his Contravention Application and in proving that the other party did not have a reasonable excuse to withhold time between him and his child. Orders were made for immediate resumption of time in accordance with the final orders, makeup time for our client, as well as orders that the other party partake in a parenting after separation course together with entering into a good behaviour bond for 2 years, as a result of her contraventions. Our client was overjoyed to resume time with his child after 6 months of restricted time.[/vc_column_text][/vc_column][/vc_row]
How the De Facto property settlement was negotiated
De facto separations can often bring about challenging times where one partner makes a decision that has a profoundly negative impact on the other. This was the case with our client Scott who came to us seeking legal advice after he found out his partner was trying to hide the fact that she was going to receive a significant inheritance from her late mother’s estate.
After careful scrutiny, seeking further disclosure about the inheritance and issuing relevant subpoenas, the other party agreed to our offer of settlement. This offer detailed that Tony would keep the former matrimonial home and for her to receive a small payout, on the basis that Tony knew she would land her inheritance in a short time.
Tony, who was already suffering from a work injury and financial burden, was provided a great deal of relief due to the family law settlement we achieved for him, in that he did not have to lose his home.
If you’re experiencing a breakup or divorce, it’s best to speak to the team at One Law today to discuss your options and entitlements.[/vc_column_text][/vc_column][/vc_row]
Not all separations go smoothly the first-time round. This was the case with Tony after he tried to reach an agreement privately with his wife, without first receiving legal advice. Tony’s ex-wife was legally represented during the initial discussion. Soon after the application was filed in the Family Court, it was rejected on the basis that the deal seemed unfair to the husband and also due to the fact that he did not receive legal advice before signing the agreement.
It was then that Tony came to see the family law team at One Law and in a short time, we were able to negotiate a fairer deal, which resulted in him walking away with double the property settlement sum that he was previously offered.
Often in circumstances like Tony’s, you may not always know what you might be entitled to in a property settlement. It’s always recommended to obtain legal advice before entering into negotiations so you know with certainty where you stand.
The team at One Law can assist with negotiations and settlement discussions to make sure you achieve a great result. Call us today on freecall 1800 663 529 to find out more.[/vc_column_text][/vc_column][/vc_row]
Why full financial disclosure matters in family law
It is often the case in many partnerships, where one partner is more actively involved in managing the family’s finances. In this particular instance, we acted on behalf of Melissa, whose ex-husband was managing the finances of their marriage, giving him most of the financial decision-making power.
Through the process of disclosure, properties previously not known to Melissa were uncovered, and we also became aware that her ex-husband had also been receiving significant amounts of rent from these properties, unbeknown to Melissa.
We acted quickly and applied for a spousal maintenance order for Melissa, who was suffering a huge amount of financial stress as a result of debts that had also been racked up. We succeeded in obtaining such an order, giving Melissa much needed financial support for herself and the children.[/vc_column_text][/vc_column][/vc_row]
Your options when a child is relocated without consent
Michael came to us after his ex-wife had taken their one-year old daughter to Melbourne. She refused to return to Sydney, leaving Michael distressed and upset at the prospect of not seeing his daughter again.
In this instance, we filed an urgent application to the court to get orders for his ex-wife’s immediate return to Sydney, and our team succeeded at the first urgent hearing before a Judge.
Our team lawyers then succeeded at the next hearing in getting orders for the wife to remain in Sydney with the child. This meant that Michael was able to see his daughter regularly and continue to build a relationship with her.
Relocation matters can be complicated, but our team was able to draw on their expertise and act quickly to achieve a favourable result for Michael and his daughter.
If you find yourself in a similar situation, the team at One Law can help. Call us to find out more.[/vc_column_text][/vc_column][/vc_row]
Financially Dependant Partner with ill child gets 67% of proceeds of property Settlement
[vc_row type=”in_container” full_screen_row_position=”middle” column_margin=”default” column_direction=”default” column_direction_tablet=”default” column_direction_phone=”default” scene_position=”center” text_color=”dark” text_align=”left” row_border_radius=”none” row_border_radius_applies=”bg” row_position_desktop=”default” row_position_tablet=”inherit” row_position_phone=”inherit” overflow=”visible” overlay_strength=”0.3″ gradient_direction=”left_to_right” shape_divider_position=”bottom” bg_image_animation=”none”][vc_column column_padding=”no-extra-padding” column_padding_tablet=”inherit” column_padding_phone=”inherit” column_padding_position=”all” flex_gap_desktop=”10px” column_element_direction_desktop=”default” column_element_spacing=”default” desktop_text_alignment=”default” tablet_text_alignment=”default” phone_text_alignment=”default” background_color_opacity=”1″ background_hover_color_opacity=”1″ column_backdrop_filter=”none” column_shadow=”none” column_border_radius=”none” column_link_target=”_self” column_position=”default” gradient_direction=”left_to_right” overlay_strength=”0.3″ width=”1/1″ tablet_width_inherit=”default” animation_type=”default” bg_image_animation=”none” border_type=”simple” column_border_width=”none” column_border_style=”solid”][vc_column_text css=”” text_direction=”default”]Every family living situation is different, and in one such situation, we acted for a client who was financially dependent on their partner throughout their marriage. Anna was a stay at home mum of two, while her partner worked, and at the time of separation, her partner left their matrimonial home to move in with their new spouse, leaving Anna to care for their 2 children alone.
Following the separation, Anna’s ex-partner failed to adequately support her and the children, leaving Anna in a tough predicament, as not only had to raise the children alone, but she didn’t have the immediate skills required to return to work.
The team at One Law was able to achieve a favourable property settlement for Anna without having to go to Court and by arranging a mediation at our office. We argued her the ex-partner had a duty under the Family Law Act to financially maintain our client and the children as Anna did not have the same earning capacity as her ex-partner.
As she left to bear the costs of raising the children, which included one child who had an illness, we needed to ensure she could also afford whatever was necessary for that child’s needs.
We successfully negotiated a win for Anna, whereby she received 67% of the proceeds once the home was sold. Our team was able to prepare the mediation well, and achieved an excellent result for our client while saving court costs by reaching a resolution quickly.
If your family living situation has changed, it’s best to seek legal advice from the team at One Law, who can guide you through your legal rights and entitlements.[/vc_column_text][/vc_column][/vc_row]
- [Property and Financial Arrangements](https://onelaw.com.au/family-lawyers/divorce-lawyers/property-financial-arrangements/): Following a separation, careful consideration needs to be given to preparing a binding financial agreement to determine the division of the assets and debts between the parties.
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- [Lawyers Blacktown](https://onelaw.com.au/lawyers/lawyers-blacktown/): 02 9119 2232
- [Anne Weeks](https://onelaw.com.au/lawyers/anne-weeks/): We had the pleasure of welcoming Anne to the One Law team in early 2018. Anne brings with her a wealth of experience in accounts and bookkeeping.
- [Violet Saba](https://onelaw.com.au/lawyers/violet-saba/): Since 2003, I have had the privilege of working at various law firms in different practice areas, including banking and finance, commercial litigation, property law, and personal injury. Each chapter in my career has deepened my knowledge, refined my skills and helped me to gain a better understanding of the impacts that law has on people’s lives.
- [Rita Seif](https://onelaw.com.au/lawyers/rita-seif/): I have been working in the area of personal injury law since 2018 and in 2021, and was admitted as a Solicitor to the Supreme Court of NSW. With a passion for justice and a deep commitment to helping those who have been injured, I work tirelessly to ensure my clients receive the compensation and support they deserve.
- [Mary Arida](https://onelaw.com.au/lawyers/mary-arida/): “Nothing gives me more satisfaction than achieving amazing results for my clients.”
- [Janine Baro](https://onelaw.com.au/lawyers/janine-habeebeh/): “I feel there is nothing more satisfying than delivering justice for a client”
One Law is a Sydney law firm based in Parramatta, serving clients across Western Sydney, Greater Sydney and NSW. The firm's accredited lawyers and specialists have over 60 years of combined experience across personal injury and compensation, family law, superannuation and TPD claims, wills and estates, conveyancing, building and construction, business and commercial law, immigration, and criminal and traffic law. Call 1800 663 529 for an obligation-free chat. Content on this site is general information, not legal advice.
