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Best Wilson Buckley Family Law

We’ve Reached Agreement About the Division of our Property – Why do We Need a Lawyer?

This is the scenario: you and your former partner have spent months going backwards and forwards on email, on the phone, or over coffee negotiating and deciding how you will divide the property you have accumulated together throughout your relationship. You achieved this without a formal legal process, and you are confident that you can practically carry out the steps necessary to give effect to your agreement. So why should you consider engaging a lawyer?
If you do not properly document your agreement in a binding and enforceable way, you could be vulnerable to your former partner making a further claim against you in the future, notwithstanding the informal agreement that you have reached and which you may have carried out. There are also other financial benefits to formalising your property settlement in a legally enforceable way, including access to relevant tax exemptions.
There are two legally enforceable ways to finalise your agreement in relation to property settlement and/or maintenance matters following separation. These are:

by consent order;
by financial agreement.

Consent order
A consent order is sought by completing the relevant application, preparing a minute of order and lodging this in the Court for approval. The proposed order is subject to approval by a judicial officer of the Court who must be satisfied that any property settlement is just and equitable before granting the order. The judicial officer must also be satisfied that any maintenance order is adequate. There is no need for an appearance at Court, and an order will be issued in due course if your application is successful.
It is important to note that a consent order is not immediately binding when signed. The orders must be filed in the Court and it is not until the orders are granted that they will become binding.
Financial agreement
A financial agreement is a contract that can be made before, during, or after matrimonial and de facto relationships.
A financial agreement is binding from the time that it is signed and certified and can be used to extinguish a party’s right to claim for maintenance. It therefore can be quicker to enter into a financial agreement rather than incur the delay associated with having consent orders considered and made by the Court.
There is no external review of a financial agreement and the terms of the agreement do not have to be “just and equitable”.
Whilst a financial agreement does not require the Court’s approval, each party to the agreement is required to obtain independent legal advice before the agreement can be executed.
A combination of these can also be used, that is, to use consent orders in relation to property settlement and a financial agreement in relation to maintenance.
Your family lawyer can assist you to determine which method of settlement is best for you and provides you with the best protection.
What if I do not formalise my agreement? Does the risk exist forever?
Applications for property settlement and/or maintenance must be made within 12 months of a divorce order becoming effective or within 2 years of the date of separation if you were in a de facto relationship. If property matters are not finalised in a legally enforceable way within this period, then both parties will, prima facie, be statute barred from applying to the Court for property settlement and/or maintenance. However, parties can apply to the Court for leave to institute proceedings out of time in limited circumstances.
It is therefore advisable to finalise financial issues in a legally enforceable way sooner rather than later.
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Same but Different – Why Your Property Settlement Matter is Different

Family law practitioners are often asked what a likely outcome will be during property settlement matters.
This is something that you do need to know so you can plan for the future and start making decisions. However, it is a general rule in our practice that we do not give an indication of this during an initial attendance. There is only so much you can cram into a 1 – 1 ½ hour appointment. We don’t know enough about your situation at that time to give you a considered opinion.
There are a number of reasons for this:

We will generally need to review financial documents before giving you an opinion;
We are required to obtain information from superannuation funds which can take up to 28 days to be returned;
What you tell us is only one side of the story and you may not have certain important information that your partner has. It is not uncommon for one spouse to be the “financial manager” in a relationship and for the other to not have a full grasp of the ins and outs of your financial affairs.

After, it might be necessary to get information from your accountant and/or financial adviser, particularly if you have an investment property, share portfolio, an interest in a business, or have your superannuation in a self-managed superannuation fund. There may be financial and tax issues that we need to consider when looking at the likely outcome of a property settlement.
Once we have that information, there is a process that we need to consider when advising you. The process is generally referred to as the “four step process” – this follows a formula that the High Court has set down after having considered the relevant parts of the Family Law Act relating to property settlements.
The four step process can be summarised as:
Step 1 – What interests in property do you or your partner have and what is the net value of these interests?
This means that we need to determine:

what the value of each asset or interest is;
what debt each asset or property interest may have attached to it;
what is the net value of what we sometimes refer to as the “property pool”.

Step 2 – Is it necessary for there to be some legal intervention to equitably distribute property between you and your partner?
In some cases, it may not be necessary to transfer property or require other intervention to finalise your property settlement.
However, more often than not, it will be necessary to have some type of intervention to assist in dividing property and to take advantage of benefits under legislation, including stamp duty exemptions or CGT roll-over relief.
Step 3 – Analysing the contributions and prospective needs factors that are relevant to your relationship.
These contributions and factors include:
financial and non-financial contributions at the commencement of the relationship, during the
relationship, and after separation;
parenting and homemaker contributions; gifts, inheritances, or financial assistance from family members;
adjusting factors under the legislation that may change any contribution factors.
Step 4 – Do there need to be other adjustments to ensure that justice and equity is done between the parties?
As you can see from the steps above, there is no way to generalise about contributions. There are other factors that we also need to take into account, like the length of the relationship and whether there have been any financial agreements that have been entered into which may overide the normal legislative pathway.
It is not uncommon for people to exchange war stories and give their own version of what happened in their own or other property settlements. We would caution against listening too much to this “advice” given the discretionary matters that make each matter different.
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Our Year in Review

It’s a tradition as old as time at Best Wilson Buckley: taking a moment to reflect on the financial year that was, celebrate the successes and learn from the more difficult days, and to prepare ourselves for a bigger and better year to come.
Client outcomes
The heart of our business lies in all of those people that let us into their everyday lives at a time of great upheaval. In return, we work with them towards resolution and as their guide while they build their new pathway forward. We’re incredibly grateful to all of our clients. It is our humble honour to be able to support you and we appreciate all your kind words, some of which have included:
“I very much appreciated your sincerity, directness and the scope of your knowledge.”
“Thank you so much for the invaluable assistance you have provided to me. Your patience and guidance is appreciated and valued.”
“It has been a long road and I am glad it is finally over. Thank you for all your help and advice, it certainly has been a pleasure to have you represent me.”
“Thank you for all your work. I feel certain the resolution would not have been as clear without your help. The last two and half years have been huge, and I am very grateful for all the practical advice and support you provided. I have the highest regard for you and wish you well for the journey. Thank you again, and my thanks to all your team.”
“Thank you for your ongoing support. You have made such a big difference to the anxiety levels that are generated in such a situation. We all greatly appreciate it.”
Improving the journey
Each year we learn from our clients and work towards improving what it is that we can do for them, and their family and friends, to make this experience a little better for each person we work with. This year we also teamed up with a client experience firm to build on this approach and work undertaken over the past few years, to look at the journey our clients take with us into the world of family law. It’s the small things that matter and we’ve worked to tweak each area of how we work, no matter how small it may seem, in an effort to improve the experience and outcomes of our clients. This is a work in progress that will never be finished for we can always do something better, different or more, to work with each individual person that walks through our door.
Holistic advice
At the heart of how we practice is the understanding that the law is only one part of what is needed to create a renewed sense of possibility and craft a more meaningful outcome for our clients as they forge their new pathway. Accordingly, we’ve always worked closely with therapeutic professionals, tax and financial advisors, and other colleagues to achieve this, and we’re now fortunate enough to have our own in-house dedicated estate planning team in this pursuit. Our team assist clients to review their estate planning in the context of a separation or divorce to ensure that the future wellbeing and financial security of those important to them is suitably planned for, and to take one more thing off the “things keeping me awake at night” list. We look forward to continuing to grow and strengthen our capacity to help clients get that list down through internal appointments and important partnerships with experts in all areas of holistic practice.
Focus
This financial year we first embraced the concept of quarterly themes in our business as a means of increasing focus, strengthening our core and further building on what we have achieved for the benefit of our clients and our team. We kicked things off with a focus on “stability” through consistency, structure and responsiveness.
Next up we decided to change the pace and focused our quarterly efforts on “vision”, and creating a renewed sense of possibility. One of the things we proved as possible was to significantly reduce the volume of paper we print and store across our business to see if we couldn’t save a few trees here and there.
Our current theme as we head into 30 June is “connection”, to hear, understand and reach. This is about making sure we don’t lose sight of those that mean the most to us as things heat up at the end of a financial year. We’ll be spending a lot of quality time with each other! We will also be looking at ways and means of connecting, technologically and otherwise, with our clients and colleagues in a way that makes everyone’s lives easier and provides a true sense of connection. We’re all human beings after all.
Leading family law firm
We were named as a Leading Family Law firm in Toowoomba & Western Queensland for the fourth consecutive year in 2019 by the independent Doyle’s Guide. Kara Best was also named as a Preeminent Family Lawyer in the region, and as a Leading Parenting and Children’s Lawyer and Leading High-Value and Complex Property Lawyer in Queensland. Zoe Adams was also recognised as a Rising Family Law Star in Queensland. The Doyle’s Guide recognises lawyers and law firms in all areas of practice with input from clients and colleagues alike, and it continues to grow year on year to recognise all of the wonderful practitioners we’re so fortunate to work with.
Our Carla Franchina racked up her second nomination as a finalist in the Family Law 30 Under 30 Award this year as well. It is an achievement to be nominated and named as a finalist once, let alone twice. This is a testament to the exceptional family lawyer that Carla is and just how fortunate we are to call her our own.
This year Best Wilson Buckley was also recognised as a finalist in the Toowoomba Business Excellence Awards, Banking, Finance and Legal category. As our hometown, Toowoomba is incredibly close to our hearts and we continue to be amazed at the support that this town has shown us over almost 10 years. Local really is lovely and no matter how far we roam, we’ll always call Toowoomba home.
North Lakes
While our North Lakes office opened in March 2018, and doesn’t technically scrape in for a review of this financial year, it is still very much worth celebrating. Under the exceptional stewardship of our Alecia Connor, our North Lakes office has become a part of the local community in that region. At the heart of our promise to clients is that we are there when they need us most, and we have delivered on being there for the thriving community of North Lakes. As have they for us. We’re fortunate to have formed some exceptional partnerships with local professionals, businesses and community groups that can only enhance what it means to be part of a local area.
The changing face of family law
Our business exists to respond to the inevitability of changing circumstances. We spend our days empowering our clients to respond to change and to find their new pathway and know the level of resilience and tenacity required to do so.
That doesn’t mean we’re immune to the powers and pitfalls of change and, in fact, have experienced some of life’s curve balls in this past year.
The Australian Law Reform Commission handed down their substantial report following their review into the family law system in our country and you can read more about the significant recommendations in an earlier article. While it is not yet clear what exactly this will mean for the future of family law in this country we are excited about the prospect of change, as well as hopeful for a meaningful role in that for the betterment of our clients and their families.
We’ve also experienced changes within our “family” at Best Wilson Buckley. There have been farewells and good wishes to those that have gone on to conquer new challenges over the horizon, as well as welcoming new faces, experiences and skills to the team. We also implemented a new leadership model across our business this year welcoming Luke Steel as Legal Partner (Brisbane) and appointing existing practitioners in Lynn Armstrong, Alecia Connor and Neal Wood to Practice Leader roles that strengthen our team and provide for the future of Best Wilson Buckley.
Our team is the largest in a specialty family law firm in all of Queensland, with 40 team members all up, including 17 lawyers. This means that we offer our clients, and each other, a breadth and depth of experience that can’t be beaten, as well as being ready for whatever it is that life and a new financial year has in store for us.
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Who is a Parent

It is not often that family law matters command the attention of the High Court. Recently in the case of Masson v Parsons & Ors [2019] FCA 21, the High Court has been required to consider the status of a person providing sperm for the purpose of conceiving a child and whether or not they are a legal parent.
In a case that has played out over four years and been appealed on two occasions, the highest court in our country has deemed that Mr Masson who provided the sperm, is classified as a parent. It is important to consider the particular circumstances of this case, in order to appreciate that it is not going to provide a broad precedent whereby all sperm donors will now automatically be recognised as parents and have all rights and responsibilities that flow from this. However it certainly opens the door for people in similar situations to consider their potential parental rights.
This case involved a child, referred to as B, who was conceived by artificial insemination with sperm provided by Mr Masson and the egg of the biological mother.  At the time of conception, Mr Masson understood that he was fathering the child and would provide support and care for her.  Both biological parents were named on B’s birth certificate. The biological mother contended that she was in a de facto same sex relationship at the time of conception and it was always the intention for the biological mother and her partner to be the parents of the child.  Later, the biological mother had a further child, C, with sperm provided by an anonymous sperm donor. The biological mother and her partner were both named as parents on C’s birth certificate.  This child was not subject of the case before the High Court and her parents were recognised as the biological mother and her partner.
Mr Masson played a role in both children’s lives, which included the children spending regular time with him and the children referring to him as “Dad”. When the biological mother and her partner sought to relocate to New Zealand with the children in 2015, Mr Masson opposed this and commenced legal proceedings. This led to the Courts being required to determine whether Mr Masson is a legal parent of B.
What followed was a relatively complex argument in regards to the interplay of State and Commonwealth legislation in regards to this issue, however ultimately the court determined that Mr Masson is a parent of B and the biological mother’s partner, was not.
The Court considered the ordinary meaning of the word “parent” and gave significant weight to the intention of the parties at the time of conception and the actions of the parties in regards to exercising parental responsibility since this time. This included considering the level of involvement by Mr Masson in the child’s life.
The Court did not go so far as to determine whether someone who simply provides semen is to be recognised as a parent, and we will perhaps see this determination in the future.  This does, however, broaden the scope of those who can be considered as a parent and should serve as a warning for anyone seeking to use a known sperm donor. It is very important to discuss and clarify the intention of all parties at the time of conception, which should be recorded in a sperm donor agreement or similar. People should also consider the further implications this can have in areas such as child support and succession law. Unfortunately, this case has not provided the clarity we had hoped in regards to the status of sperm donors generally.  Hopefully, in the future, amendments to the Family Law Act will provide a definition of the term “parent”, which will, in turn, provide even greater certainty for people entering these murky waters.
An experienced family law solicitor Brisbane will be able to provide you with further information and advice about any of the issues raised by this judgment. Contact our team for confidential advice on your circumstances.

The post Who is a Parent appeared first on Best Wilson Buckley Family Law.

Who is a Parent?

It is not often that family law matters command the attention of the High Court. Recently in the case of Masson v Parsons & Ors [2019] FCA 21, the High Court has been required to consider the status of a person providing sperm for the purpose of conceiving a child and whether or not they are a legal parent.
In a case that has played out over four years and been appealed on two occasions, the highest court in our country has deemed that Mr Masson who provided the sperm, is classified as a parent. It is important to consider the particular circumstances of this case, in order to appreciate that it is not going to provide a broad precedent whereby all sperm donors will now automatically be recognised as parents and have all rights and responsibilities that flow from this. However it certainly opens the door for people in similar situations to consider their potential parental rights.
This case involved a child, referred to as B, who was conceived by artificial insemination with sperm provided by Mr Masson and the egg of the biological mother.  At the time of conception, Mr Masson understood that he was fathering the child and would provide support and care for her.  Both biological parents were named on B’s birth certificate. The biological mother contended that she was in a de facto same sex relationship at the time of conception and it was always the intention for the biological mother and her partner to be the parents of the child.  Later, the biological mother had a further child, C, with sperm provided by an anonymous sperm donor. The biological mother and her partner were both named as parents on C’s birth certificate.  This child was not subject of the case before the High Court and her parents were recognised as the biological mother and her partner.
Mr Masson played a role in both children’s lives, which included the children spending regular time with him and the children referring to him as “Dad”. When the biological mother and her partner sought to relocate to New Zealand with the children in 2015, Mr Masson opposed this and commenced legal proceedings. This led to the Courts being required to determine whether Mr Masson is a legal parent of B.
What followed was a relatively complex argument in regards to the interplay of State and Commonwealth legislation in regards to this issue, however ultimately the court determined that Mr Masson is a parent of B and the biological mother’s partner, was not.
The Court considered the ordinary meaning of the word “parent” and gave significant weight to the intention of the parties at the time of conception and the actions of the parties in regards to exercising parental responsibility since this time. This included considering the level of involvement by Mr Masson in the child’s life.
The Court did not go so far as to determine whether someone who simply provides semen is to be recognised as a parent, and we will perhaps see this determination in the future.  This does, however, broaden the scope of those who can be considered as a parent and should serve as a warning for anyone seeking to use a known sperm donor. It is very important to discuss and clarify the intention of all parties at the time of conception, which should be recorded in a sperm donor agreement or similar. People should also consider the further implications this can have in areas such as child support and succession law. Unfortunately, this case has not provided the clarity we had hoped in regards to the status of sperm donors generally.  Hopefully, in the future, amendments to the Family Law Act will provide a definition of the term “parent”, which will, in turn, provide even greater certainty for people entering these murky waters.
An experienced family law solicitor will be able to provide you with further information and advice about any of the issues raised by this judgment. Contact our team for confidential advice on your circumstances.
The post Who is a Parent? appeared first on Best Wilson Buckley Family Law.

Reflections

From time to time I find myself reflecting on my work as a family lawyer. What am I doing well? What do I need to focus on improving? How do my clients feel about their experience during the time I am invited into their lives and what could I do differently?
I suppose most of the time my client relationships tend to follow a similar path. I speak to them on the phone after they have been provided with my details by a friend, professional advisor or someone I have assisted before. I will then stay with them until the end of their matter, whether that is after negotiating an agreement or supporting them through a difficult Court process.
Everyone is a bit different and some of my clients love that practical, down to earth advice and just want to talk about the business of getting their matter brought to an end as quickly and efficiently as possible. For them, it’s very much a commercial transaction and very outcomes focused. Others are deeply involved and need a lot of support in their personal journey from being in an intact relationship, through separation and then into the next phase of their lives, whether that is as a post-separation parent, securing their financial future from a property settlement or feeling safe in their own home without the fear of domestic violence and abuse. It’s about listening to them and finding out what they need and what’s important to them.
While I often will check in with my clients after the end of their matter, and indeed many will check in with me, occasionally I’ve come across a few people that have become friends rather than just a former client.
Recently I had occasion to share a morning paddle on Wivenhoe Dam with an inspiring former client. Heather’s story is unique to her but, from where I sit, it is rare to see someone move through a very difficult family law matter with such patience, good humour and robust sense of self. What I love about Heather’s story in particular is that in the two years since we formally finished her matter, we have regularly kept in contact and I have been able to continue to see her go from strength to strength in her pursuit of her fitness goals, adventure races and epic treks across parts of the Australian wilderness and overseas in her role as a tour leader and operator of her own business.
During a couple of hours of paddling across Wivenhoe Dam in the early morning sun, we found ourselves meandering across all manner of topics of conversation, including reflecting on Heather’s own experience of her family law matter when I was her solicitor. While I won’t share the personal details of that exchange with you here, it certainly led to some thought-provoking comments and a few good laughs as well.
What I will share with you from that conversation is my own reflection on what it is that I actually do in my work as a family lawyer. Unsurprisingly to some that know me, it has a distinctly maritime theme. In essence, helping someone through a separation is something akin to the role of a marine “pilot” invited aboard a ship to help navigate their way through a difficult waterway which would otherwise block their path and make their passage extremely hazardous if they were to go it alone.
A marine pilot does far more than just giving those in charge of the ship a map and a compass and telling them where to go and then stepping straight off. It involves actively communicating with the captain about the intended destination and how best to get there. The ship never belongs to the pilot yet during the time they are on board they actively take on responsibility for the safety and wellbeing of those who are relying on them to navigate their path. For those on the ship, they have rarely if ever passed through this way before and feel vulnerable by the unknown and overwhelmed by the narrow passage in front of them, which from the outside appears entirely blocked and littered with hazards. For the pilot, this is their comfort zone. They have spent years traversing this small part of the world, studying the maps, tides and currents and building a wealth of technical knowledge of the waterway.
They know from years of experience where the fixed channels and obstacles are and how to navigate within and around them safely. They know how to steer the ship and control the throttles to be able to efficiently move through the tight turns and adjust the water levels of the locks to move from one section to the next. By traversing this waterway daily they have almost up to the minute knowledge of the subtle contours that may be easily overlooked like the shifting sandbars and shoals that can change with the ebb and flow of the tides. At the end of the passage, the pilot disembarks the ship having cleared the difficult path largely unscathed (with perhaps a bit of paint rubbing off in those very close points towards the end where it was the hardest to get through) but with the hull intact and able to continue to open water and on to its intended destination.
I see my role in very much the same way. Calmly greeting those about to enter the difficult section ahead, coming on board to help them navigate through the unique twists and turns in their separation, and then stepping off once the obstacles have been passed. While that experience will always be their own, I would like to think I am leaving them in as good a position as possible to continue to their next destination in life wherever that may be.
My involvement may, in relative terms, only last for a short period of time, but the responsibility I take on during that time and the skill that I need to impart to ensure that passage goes smoothly, is exceptionally important to those that invite me into their lives in what is often a very difficult and unknown time.
To be honest I can’t say whether the lofty images and descriptions of distant waterways that I shared with Heather that morning were an accurate reflection of my work or were perhaps evidence of some greater subconscious desire to be exploring grand overseas destinations.
In either case, as we continued the steady beat of our paddle, Heather’s own reflection of her experience seemed to align, in part at least, with my own view of things, so perhaps it’s a bit of both.
I personally get a lot out of the work that I do and often think how difficult it is for clients to take that first step to reach out to a professional that they have never met before and ask me to be involved in what is a very personal matter for them. It’s a responsibility I don’t take lightly and it is catching up with people like Heather that make me really appreciate the positive impact I can have during the time that I am involved with them following their separation.
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What Makes an Exceptional Family Lawyer?

It goes without saying, if you’re going through a separation you need to get an exceptional family lawyer.
One of my greatest frustrations as a practitioner is that there are solicitors practicing in family law that shouldn’t be; essentially because they don’t know enough, they’re not respected by their colleagues, or they lack insight in relation to the fact that the legality of separation is just one aspect of what is an emotional, financial and practical minefield. Many lawyers additionally lack a capacity to provide honest and direct advice to their clients, reality-checking and challenging a client’s initial instincts or behaviour where appropriate. There is also the rare practitioner that consciously, or unconsciously, can perpetuate the dispute with commercial drivers in mind, rather than being part of the solution for a couple and minimising legal cost.
The tough thing is that the clients who are with the less ideal lawyers referred to above rarely have anything to compare their experience to and, accordingly, don’t know that they’re not necessarily with the right lawyer until very late in the piece and when the damage is well and truly done.
I’m conscious in setting down a criteria for what constitutes an exceptional lawyer. I, by implication, hold myself and the lawyers at Best Wilson Buckley to these same high standards, and rightly so. I would be comfortable with any one of our lawyers being held to the standards that are set out herein. I am also quietly confident that each of our team are likely to be far harsher critics of their own ideals and contribution than anyone externally.
So what do I think it takes to be an exceptional family lawyer?

A specialist understanding about how this area of law works in operation. This includes how the court approaches these matters, what the experts say about the needs of children from a developmental perspective and in the context of negotiating two households, and how to realistically achieve the most efficient division of resources from a financial perspective. In my view, you have to be on top of these areas of knowledge in order to achieve the most optimal outcome for a client.
An understanding that aggression is not power, nor does it achieve the desired outcome in most circumstances. In many instances it is necessary to have a capacity to assertively and persuasively communicate your client’s position and desired outcome given the interests of the other party, but aggression more readily is an indication of weakness or self-doubt, manifest in bravado.
The respect of the Court but also, importantly, the respect of your colleagues. If you have a reputation as knowing what you’re doing, and being honest about it, then the reality is you will carry greater weight in your dealings with other lawyers, which in turn means they’re more likely to encourage their clients to compromise where they might not otherwise on the basis of certain representations assumed by your lawyer. This is not about intimidation, nor popularity; this is about trust. This is about younger and less experienced lawyers being guided, appropriately so, by an honest, reasonable and knowledgeable family lawyer on the other side.
A capacity to speak into a client’s “listening”. You understand what it takes to communicate, convey and shift your client having regard to their emotional state and their capacity to cognitively shift at a point in time. You have the capacity to move your client’s narrative from a place where they are viewing a particular situation in a light which is counterproductive to a place where they can have a different complexion on a situation and move forward more positively.
The courage to be honest with your client from the outset of the matter. That is, you have the courage to give them a realistic expectation, to give them the bad news from the beginning and yet maintain trust and rapport in that context. Too many clients find themselves being told by a court for the first time the reality of their situation or the minimal nature of their entitlement at law, where they have spent a considerable amount of money fighting for more yet were never destined to achieve that; and understandably many are frustrated, confused, angry, broke and very disillusioned with their lawyer as a result.
Agility and pragmatism. Exceptional lawyers appreciate the limitations of the system, they appreciate the nature of your former partner’s personality and what can reasonably be negotiated, and they adopt and provide you with the most practical advice possible. Their intention is to achieve the most optimal outcome in your personal circumstances having regard to a myriad of variables that they’ll take into account before offering you a view as to what you should do. They’ll go out on a limb and give you that opinion irrespective of the fact that there are no necessarily definitive rights or wrongs in the situation. They acknowledge where certainty cannot be given to you, but still give you the confidence of knowing, that in a world of confusion and unknowns they have your best interests and those of your children firmly in mind.
An exceptional family lawyer will ultimately be worth their cost. I fully appreciate that excellent lawyers are often expensive, but I can think of a myriad of examples where an experienced and effective lawyer can bring a matter to a conclusion at an earlier time, for significantly less irrespective of the fact that their hourly rate may have been larger than another lawyer that initially appeared attractive.

It’s a genuine privilege to be permitted the opportunity to assume such an instrumental role for a client during such a vulnerable and difficult time. Given that privilege, it is essential that we hold ourselves and our colleagues to the highest of standards. Because it’s the right thing to do.
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Defining “Different”

In an effort to distinguish themselves from the rest, a lot of businesses today make the claim of “doing things differently”. Whether it’s a smaller law firm trying to compete with the big six, a bank separating themselves from the big four, or Maccas changing their Big Mac burger (perhaps the most controversial of them all), everyone is trying to be different… but what does that word actually mean? Is being different the most important tool for successful businesses? If everyone is trying to be different, are we actually at risk of ending up the same? How many times can you say the word “different” before it starts to sound silly and lose meaning?
Whilst such existential questions don’t necessarily keep me up at night (or anyone else for that matter), it did get me thinking about what makes Best Wilson Buckley Family Law “different” from other family law firms. As a firm, we do pride ourselves on practising family law in a way that is as unique as the clients we help… but so do others.
So, what makes Best Wilson Buckley Family Law actually different?
For me, it’s the way our family lawyers do what they do as opposed to what they do that makes them so special. All family lawyers work in an incredibly personal and emotional area of the law. At university they teach law students the art of negotiation, how to interpret legislation, provide advice, and present in a Court room, but there’s no class on building resilience or emotional intelligence.
What separates our team of expert family lawyers from the rest is their ability to navigate this complex area of the law while displaying the highest levels of empathy and compassion at all times. Our lawyers work with each client in a way that is as unique as they are, and simultaneously encourage clients to focus on a pathway geared towards resolution and an outcome for a defined future and a sense of closure.
Of course, none of that would be possible without a genuine desire to support and provide comfort to those trying to navigate the world of family law following the breakdown of a relationship. By resolving family law disputes outside of Court, wherever practical and possible, our lawyers maintain a focus on protecting the wellbeing of clients and that of any children involved. Our mission is to empower clients and provide them with the confidence and the tools they need to navigate their way through their family law matter.
Our team also makes up the largest team of expert family lawyers in Queensland, and we’ve inherited that title without a head office in a capital city. We began our journey in Toowoomba in 2009 as the only family law firm in the area, and we’ve since expanded to have a presence in Brisbane, Ipswich, and North Lakes. We truly consider local to be lovely and believe in the value of providing a speciality family law service to our clients without the need for them to travel into a capital city. Our size is not about sheer volume but providing a depth and breadth of experience that benefits our clients.
We’re lawyers, but we’re people too. As expert family lawyers we’re able to understand the emotional, financial, and logistical difficulties that arise during a family law matter. Every day we meet with people at their most vulnerable and it is our duty to make sure that our clients feel safe and supported, not just now but into the future.
For those reasons we believe we’re different, and that we’re making a genuine positive impact on the lives of our clients and their family.  After all, what could be more important than that?
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Why I Do What I Do

I wasn’t always set on being a solicitor. To be honest, for quite some time I wanted to be a palaeontologist! That’s right – I wanted to dig up and study dinosaurs!
So yes, it came as a big surprise when I said that I was off to study the law and become a lawyer. At the time, I didn’t really know what that may entail or even what kind of lawyer I wanted to be.
What I did know is that I enjoy learning new things and solving problems.
I set off and studied law and international relations at the University of Southern Queensland at Toowoomba. Fortunately, early on in my studies, I was awarded (as it was known back then) the Best Wilson Family Law Scholarship which came with a bit of work experience – which later transitioned into a permanent job!
I always maintain, and will continue to maintain, that I’ve ended up in family law by chance. But I’ve come to learn – and appreciate – that it is an area of law which encompasses a vast majority of legal principles and areas of practice, but also requires an element of human emotion and sensitivity.
So why do I do what I do?
At its most simplistic, because I enjoy what I do and because it provides me with an opportunity to help people, to problem-solve situations, and to learn. In fact, these three elements go hand-in-hand with being a lawyer.
Meeting new people and helping clients through, what can be for some, the worst time of their lives, is an important element to our profession. To be able to problem-solve a client’s issues and provide a way forward with certainty, to take each and every step with a client on a path to a resolution, and to watch a client grow and move on personally, is an immense privilege.
I really enjoy what I do and the profession I am in. As with anything, it can have some tough days. I hope to further my experience and knowledge and continue to offer a level of service that provides certainty and nurturing.
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The Dirty Truth behind Dirty John

In a world where online streaming services are slowly replacing television, it’s no surprise that platforms such as Netflix and Stan are being used to communicate important and sometimes frightening messages.  If you’re like the vast majority of us, you’ve probably watched (or at least heard about) the latest gripping and heart-wrenching eight part series on Netflix, Dirty John.  The true crime series is based on the tale of a man (unsurprisingly named John) who manipulated and coerced women into controlling and toxic relationships, only to continue to harass them even after the relationships broke down.
Although the series makes for interesting viewing, more importantly it highlights the various ways in which domestic and family violence can occur and how it has a significant impact on not only the victim, but the people around them including family members, friends, and colleagues.
Although the events of Dirty John took place in the United States, when considering the series in the context of Queensland legislation, we can identify multiple facets of John’s behaviour that would be deemed as acts of domestic violence and consequently would form grounds for a Domestic Violence Protection Order.
Firstly, John demonstrates financial control through his relationship with Deborah.  John monitors Deborah’s use of her bank accounts and interrogates Deborah about withdrawals of funds from these accounts.
John also becomes emotionally and psychologically abusive at various times throughout the relationship, including isolating Deborah from her family.  He further manipulates Deborah by suggesting that he “will not be able to live” if she ever left him.
When he doesn’t get his way, John makes threats towards Deborah and her family, particularly her daughter, including making threats to “throw her in the ocean”.  Towards the end of the relationship, John threatens to physically hit Deborah to the point that she “will not get back up”.
John also takes steps to control and dominate Deborah completely, particularly once their relationship has broken down.  John follows and stalks Deborah and her family through video surveillance cameras and by physically following her, he damages her property by destroying her car, and further attempts to attack her family members.  Throughout their relationship, John incessantly contacts Deborah via telephone and text message and makes demands that she contact him.
John’s behaviour demonstrates that whilst he is not always physically violent towards Deborah or her family at any point, his behaviour would still constitute domestic violence in Queensland and provide grounds for Deborah to apply for a protection order against him.
If you have any concerns or questions that a situation that you are in or have been witness to, please contact one of our offices to arrange a no-obligation initial consultation with one of our experienced family lawyers.
If your situation is life threatening or urgent in any way, please call 000 or the National Domestic Violence Helpline on 1800 737 732.
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Consecutive Lawyers Weekly Awards Nomination for Carla Franchina

We’re proud to announce that our Carla Franchina, Senior Solicitor, has been named as a finalist in the 2019 Lawyers Weekly 30 Under 30 Awards for the second consecutive year.
Lawyers Weekly 30 Under 30 is Australia’s largest independent awards program, recognising excellence in young lawyers and what it means to be a leader for the next generation with exceptional levels of client servicing.  With the number of nominations increasing each year, we’re extremely proud of Carla for being named as one of only ten finalists in the family law category from an overwhelming number of talented young lawyers across Australia.
Carla has practised exclusively in family law within specialised firms in Brisbane since her admission in 2013, and with Best Wilson Buckley since early 2016.  With a desire to guide her clients through what is often the most challenging period of their lives and to achieve the most optimal outcomes for them and their families, Carla’s nomination is well-deserved recognition of her commitment to family law.
Carla is also passionate about assisting clients to resolve their family law matters quickly and cost-effectively in order to minimise both emotional and financial stress.
The winners of the Lawyers Weekly 30 Under 30 Awards will be announced at an awards ceremony on Friday 10 May at the Sofitel Hotel in Sydney. Although she’s already a winner in our eyes, the entire Best Wilson Buckley team will be cheering Carla on.  Congratulations to all nominated finalists on your incredible achievement.
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