The commercial property market in the Southern Gold Coast and Northern NSW regions are set to surge, with the Gold Coast Airports $370 million expansion now underway, writes Seniors Paralegal and Law Graduate, Andrea McGarry.
GOLD Coast Airport’s southern terminal expansion is underway, with Lendlease appointed to carry out the next phase of Project LIFT’s $370 million airport redevelopment this month.
The international property and infrastructure group has been appointed to deliver a three-level terminal, including aerobridges, built to the south of the current facility, by mid-2021.
The new terminal will double the floor area of the existing terminal and offer more flexibility to service domestic and international services, depending on demand.
The announcement comes after ground was broken on the Gold Coast Airport hotel site in early February.
A 192-room Rydges-branded hotel is being built adjacent to the southern terminal footprint.
The expanded airport will cater to growing population on the Gold Coast and Northern NSW, where the population is forecast to grow significantly in the next 20 years.
Commercial properties nearby the airport and hotel will benefit from an increase in patronage, with higher demand likely in all sectors, including food, retail, accommodation and health services.
Over the life of the project, Lendlease will employ upwards of 1500 subcontractors and suppliers and during peak construction times, approximately 250 workers will be required onsite at any one time.
The airport currently looks after 6.6 million passengers a year and by 2037 thus is expected to more than double.
By 2037 the airport will contribute $818 million annually to the region and support an estimated 20,000 full time jobs.
The first phase of Project LIFT – the 20,000 square metre expansion of the airport apron to create more aircraft parking space – was completed in the lead into the 2017 Commonwealth Games.
The post Commercial property to surge with Gold Coast Airport $370m expansion – Property Law – Law Graduate, Andrea McGarry appeared first on https://www.attwoodmarshall.com.au.

Moving into a granny flat is a way to live close to your loved ones while providing a first home or investment property, but it is crucial a Granny Flat Agreement is drawn up by a lawyer to protect your interests, explains Wills & Estates Partner, Angela Harry.
Elderly parents are taking advantage of Centrelink concessions which apply to “granny flats” in increasing numbers. The state of the economy seems to have had a significant impact on our elderly population and there are many retirement villages and aged care facilities with very high vacancy rates.
For social security purposes, a parent can transfer or sell their home under the granny flat provisions and pay money to their children for a lifetime right or the use of the “granny flat” (the ‘granny flat interest’). Normally the transferred property or funds would be deemed to be a gift and would affect the pension entitlements of the parent. However, the ‘granny flat’ rules allow for any property transferred or money paid to the parent’s children to be exempt from the usual deeming legislation by Centrelink.

What is a granny flat for the purpose of a Granny Flat Agreement?
The requirements are quite flexible and you do not actually have to build a separate granny flat or a separate residence. As long as there is a designated room or area that allows for a parent’s exclusive occupancy and there is an agreement to support the arrangement, Centrelink will usually approve the arrangement. Rooms such a loft room, duplex, a room in an apartment, can all come under a granny flat agreement.
What assets can you transfer in exchange for a granny flat interest?
You can transfer any assets to the home owner in exchange for the granny flat interest, including:-

ownership of your home
some of your other assets (money for example).

How does Centrelink assess your granny flat interest?
Centrelink will look at the value of the asset transferred to see if you paid a ‘reasonable amount’. If Centrelink consider you have transferred more than the value of the granny flat right they will determine you have deprived yourself of an asset. This could affect the amount of pension you are paid. You need to advise Centrelink what you transferred to the home owner in exchange for the granny flat interest. Centrelink needs to know this so they can:-

see if you paid too much, and
assess whether you are a homeowner or a non-homeowner, thus determining which assets test threshold applies, and whether you have any entitlements to Rent Assistance.

Why is it recommended you have a lawyer compile your Granny Flat Agreement?
Centrelink recommend that you have a properly drafted legal agreement drawn up to give evidence of the granny flat interest. To ensure the agreement falls under the granny flat rules the document should, at the very least, confirm you have security of tenure in the property and state whether you are liable for any upkeep of the property or payment of rent.  Other factors that should also be considered and included in the agreement include:-

Who does what for whom (eg cooking, cleaning, washing etc)?
Who pays for what (electricity, phone etc)?
How much privacy will you have within the home?
How much independence will you have to lead your own life versus how tied down will you be by the family’s timetable?
How much time do you want to spend with grandchildren, and do you want to be involved in childcare?
What happens if your health deteriorates and your care needs change (eg you need to be placed in a nursing home or similar care facility)?

Whilst the granny flat exemption allowed by Centrelink is an excellent idea to provide solutions for elderly parents looking for a stable home and family support in their retirement, it is important that the parties are very clear about the terms under which they enter into this arrangement. It is very important to enter into a proper agreement because no matter how close families are, it is amazing how many families have a falling out in this situation and the parent wants their money to be paid back. There needs to be provision for what happens if things turn sour or the parent needing money for a bond to go into an aged care facility.
Without a Granny Flat Agreement, you can end up in court
In the case of Peterson -v- Hottes [2012] QCA292, a parent paid $70,000.00 to her daughter to assist in the purchase of a property worth approximately $300,000.00 in 2001.  In approximately 2007 they had a falling out and the mother wanted a percentage share in the value of the property which had appreciated in value since its purchase in 2001.  At first instance in the Supreme Court, the Judge did not find an equitable interest in favour of the mother and ordered the daughter to pay back the original funds advanced of $70,000.00.
The mother appealed to the Qld Court of Appeal and in a recent decision, the appeal was successful and the mother was awarded a 25% equity share in the house, as well as a 25% share of rentals received from the property from the date she vacated the premises until resolution of the matter.  Significantly, there was no written agreement entered into between the parties and the Court had great difficulty in attempting to sort out exactly what the intention of the parties was. The fact that this family was tied up in litigation in the Supreme Court and a subsequent appeal to the Court of Appeal would have spent at least $100,000 over and above the amount that they were arguing about.
How Granny Flat Agreements affect your Will
The parties also need to be aware that once the money is given to the child in exchange for the granny flat interest the money no longer forms part of the parent’s estate. The right only exists in the parent’s lifetime. This means that upon the death of the parent any property or money handed over to the child will not be distributed in accordance with their will. It is, therefore, a good idea to make sure the wills and enduring powers of attorney are updated to marry up with the agreement. This way all family members are protected and everyone knows what is going on. Sometimes jealous siblings cause friction if they are kept in the dark.
You are welcome to contact our office with any enquiries concerning Granny Flat agreement advice. Please contact our Wills and Estates Department Manager, Donna Tolley on direct line 07 5506 8241, email [email protected] or free call 1800 621 071 to book your estate planning review appointment with one of our dedicated Estate Planning lawyers.
The post Everything you need to know about Granny Flat Agreements – Wills & Estates – Partner Angela Harry appeared first on https://www.attwoodmarshall.com.au.

The call for an inquiry into NSW Trustee and Guardian has been heard, with the Tweed MP throwing his support behind an investigation into the government agency just prior to winning back his seat in the recent NSW Elections.
Attwood Marshall Lawyers is a long-standing law firm providing legal services to the Gold Coast and Northern New South Wales communities since 1946. We have had an office at Kingscliff, in the electorate of Tweed dating back to the early 1970s. We have dealt with the New South Wales Trustee and Guardian (‘the NSWTG’) and their in-house legal section for many years and over time experienced a litany of incidents constituting a long term pattern of neglect, maladministration and mismanagement of the affairs of those most vulnerable in our society.
We lobbied sitting MPs and candidates ahead of the 2019 NSW Elections on March 23, to commit to an inquiry following the recent passing of Steven Colley. The NSWTG were acting as trustee of Mr Colley’s late father’s estate, responsible for managing his trust funds, and ignored requests to salvage the home from mounting disrepair over many years, before he passed away aged 57 in squalid conditions at his Kingscliff home.
Despite a previous NSW Ombudsman decision which found maladministration by the NSW Trustee and Guardian, the Government agency wanted $25,000 in fees and commission before transferring the title of Mr Colley’s home after he had died. It was not until the threat of legal proceedings by Attwood Marshall Lawyers that the NSW Trustee and Guardian wrote to Mr Colley’s family in February to apologise, waive its commission and fees and agree to transfer the title of Mr Colley’s Kingscliff home.
Steven’s sad story is the human face of a systematic failure of the NSW Trustee and Guardian which needs to be investigated – a call which has been supported by local politicians in media last week (see link to NBN News below). We are aware of several other cases which demonstrate systematic neglect of those most vulnerable in our society.

About the NSW Trustee & Guardian
The NSWTG is a government body often appointed by a Court or tribunal such as the New South Wales Civil and Administrative Tribunal (NCAT) to provide direct financial management services for people who have impaired decision making capabilities or minors. The NSWTG can be appointed to provide direct financial management services (day to day financial management) or the NSWTG can be appointed trustee, whereby the NSWTG is bound by the provisions of the Trustee Act 1925 (NSW) and the NSW Trustee & Guardian Act 2009 (NSW). In the 2017-2018 Financial Year, NSWTG processed $3.3b worth of transactions, held $5.9b in client assets and a made revenue of $92.87m (14.5% over budget). 11,661 people had NSWTG as their financial managers.
Family members or close personal friends can be appointed as financial managers; however, when there is no one available, or where there is the slightest conflict between family members, it is our experience that the tribunal or Court will often appoint the NSWTG.
Why a NSW Parliamentary Inquiry is needed
While private trustee companies fall under the authority of the Australian Securities and Investments Commission, public trustee companies do not. The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services has no scope to investigate public trustee companies, despite their role in financial management. The Royal Commission into Aged Care Quality and Safety will not examine either guardianship or financial management. The Terms of Reference for a Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability have not been announced.
Areas where the NSWTG needs to be investigated
A NSW Parliamentary inquiry should identify and address several areas to ensure that in its provision of services, the NSWTG meets with community standards and expectations. We have identified the following as areas of concern:
A) Maladministration on the part of the NSWTG in managing client funds, including:
i. Financial mismanagement and incompetence including poor investment decisions or failure to adequately invest client funds resulting in substantial financial losses;
ii. Poor communication, tardiness and unresponsiveness in dealing with and responding to client requests;
iii. Tardiness/inaction on the part of the NSWTG in dealing with third parties on behalf of clients in the administration of trusts or management of client finances, often resulting in financial losses to the client;
iv. Over-restrictive expenditure parameters and denial of access to client funds (“penny-pinching”) when there is clearly capacity within the client’s financial resources for reasonable expenditure.
B) Demeaning and intimidating practices within NSWTG and an entrenched culture of bullying and victimisation of clients, the elderly and vulnerable in our society, including:
i. Restricting spending of client funds for essential items (such as house repairs or furniture or bed linen) and over-controlling client funds. Often the extent of these practices constitutes financial abuse, stripping clients of autonomy, self-determination and dignity.
ii. Failure to provide full disclosure of statements of account to clients under management.
iii. Limiting the ability of family members to have a voice for those under management of the NSWTG by restricting the amount of communication and issues allowed to be raised with the NSWTG at any given time.
C) The unfairness of exorbitant fee structures and lack of fee transparency/understanding within the NSWTG, including:
i. When a Will is prepared by the NSWTG, the NSWTG will suggest that NSWTG be appointed executor for “independent and impartial service”. Sometimes these Wills are offered “free of charge”. However, when the person dies and their estate is administered the NSWTG charges an “executor’s fee” which is calculated on a percentage basis, based on the value of the estate. In addition, the NSWTG charges an estate management fee, an account keeping fee and an investment fee.
ii. For clients under direct Financial Management with the NSWTG, an establishment fee is charged based on the initial value of assets, with an ongoing management fee, investment fee and account keeping fee.
iii. For clients under Private Management with the NSWTG, an establishment fee is charged based on the initial value of assets, with an ongoing administration fee, investment fee and account checking fee.
iv. For clients with Trusts under administration by the NSWTG, a “one-off Trustee fee” is charged based on the value of assets, with an ongoing trust management fee, investment fee and account keeping fee.
v. None of the above include “additional costs” which are not covered by the standard fee structure including financial planning fees and legal services (which are usually charged on an hourly basis or a scale fee, calculated on the value of the client’s assets).
vi. It is our experience the fees charged by the NSWTG in all aspects of practice, from administering estates, financial management and administration of trusts are often grossly disproportionate to the work involved.

D) Inherent conflict of interest
The NSWTG is a state government body and there is an inherent conflict of interest in the nature of the decisions made on behalf of clients when the NSWTG is entitled to collect associated fees and outlays and the NSW government is able to collect associated costs (such as stamp duty collected by the state government on the sale of client assets).
E) We have found the complaint handling process and accountability is entirely inadequate
Often complaints are brought before the New South Wales Ombudsman who has limited powers when it comes to dealing with complaints relating to the NSWTG and further, complaints are often not dealt with in a timely manner. Complaints in relation to the conduct of the NSWTG are rarely reported to the media as legislation in New South Wales does not allow the publication of any person under financial management to the extent that publication of any information or other material that is likely to lead to the identification of the person is prohibited and carries a penalty of imprisonment. Family members disgruntled with their experience with the NSWTG have limited options for recourse.
F) Incompetence of legal services within the NSWTG, including:
i. Numerous instances of incompetence on the part of the NSWTG legal services branch. In a recent matter in which we were involved the NSWTG requested a subpoena to be issued to investigate the closure of a bank account that was closed by the NSWTG some months earlier. The NSWTG ought to have known the account was closed. This whole process was a waste of time and costs and demonstrates the fundamental incompetence within the legal services of the NSWTG.
ii. Frustrating delays on the part of the NSWTG legal services. There are a number of instances where the NSWTG legal services branch has failed to act diligently by unnecessarily delaying legal proceedings. In some instances, it has taken the NSTWG legal services branch months or even years in one instance to respond to correspondence.
iii. Refusing to be cooperative and sensible in court matters by failing to agree on simple consent orders that would avoid court appearances and unnecessary costs;
iv. Failing to act as a model litigant in court proceedings resulting in delays, unnecessary court steps and increased legal costs.
Non publication/suppression provisions for NSWTG matters
Current NSW legislation provides automatic non-publication/suppression provisions for NSWTG matters. This places strict limits on the media’s ability to report on NSWTG matters, meaning the agency is not open to public scrutiny or held publically accountable for its actions. The relevant section for those under Guardianship or Financial Management in NSW is the Civil and Administrative Tribunal Act 2013 (NSW), which states:

65 Publication of names or identification of persons involved in certain proceedings
(1) This section applies only to the following proceedings:
(a) proceedings in the Guardianship Division (or internal appeals against decisions made in such proceedings),
(b) proceedings for a decision for the purposes of the community welfare legislation within the meaning of the Community Services (Complaints, Reviews and Monitoring) Act 1993 (including an internal appeal against such a decision),
(c) such other proceedings (or classes of proceedings) as may be prescribed by the regulations for the purposes of this section.
(2) A person must not, except with the consent of the Tribunal, publish or broadcast the name of any person:
(a) who appears as a witness before the Tribunal in any proceedings, or
(b) to whom any proceedings in the Tribunal relate, or
(c) who is mentioned or otherwise involved in any proceedings in the Tribunal, whether before or after the proceedings are disposed of.
Maximum penalty:
(a) in the case of a corporation–100 penalty units, or
(b) in any other case-50 penalty units or imprisonment for 12 months, or both.
(3) This section does not prohibit the publication or broadcasting of an official report of the proceedings that includes the name of any person the publication or broadcasting of which would otherwise be prohibited by this section.
(4) For the purposes of this section, a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.
Conclusion
The experiences our clients have endured at the hands of the NSWTG demonstrate systematic neglect of those most vulnerable in our society. NSWTG advertises its values as “Integrity, Trust, Service, Accountability, and Respect”. The experience of our clients is one of distrust, delay, disservice and loss. By their maladministration, unfairness and incompetence, they show disregard for human dignity. Their actions should be scrutinised with a look to new policies and legislation which better protect young children, wards of the state, the disabled and war vets. We look forward to an inquiry into misconduct and maladministration by the NSWTG so this multibillion dollar Government agency delivers its services fairly, legally, and to community standards.
If you need to make contact with our firm in relation to a NSWTG matter, please contact [email protected] or on Direct line: 07 5506 8245.
The post Attwood Marshall Lawyers call for inquiry into NSW Trustee & Guardian backed by politicians appeared first on https://www.attwoodmarshall.com.au.

With new legislation to crack down on non-complaint buildings across Queensland it is critical builders to check if their building is at risk, writes Senior Paralegal, Amanda Heather.
On 1 October 2018 the Queensland Government enacted the Building and Other Legislation (Cladding) Amendment Regulation 2018 as a result of the risk of non compliant cladding in buildings across Queensland. An estimate of 12,000 buildings across Queensland have been captured by new cladding laws. Under this regulation, private owners of multi storey buildings that were built or modified since 1994 must complete Stage 1 of the Safer Buildings checklist before 29 March 2019.
Who is affected?
Buildings that are required to be assessed must have the following four criteria’s as defined under the regulation as “Private Building”

Privately owned
A class 2 to 9 building;
Type A or B construction
Building development approval was given after 1 January 1994 but before 1 October 2018 for a building to be built or to alter the cladding on the building

Does my building fit the criteria?
QBCC has provided a simple diagram to determine whether your building fits the criteria
The regulation identifies which buildings are captured for assessment and has established an online system to register and complete processes.
The regulation has been staged as follows:
Stages & Compliance Periods

Stage
Requirement
Compliance Period End Date
Extensions
Penalties

1 – Registering and giving completed checklist to QBCC (part 1)
Owners of Private Buildings are required to:
1.        register the owners name and address of  owner’s private building
2.       Provide QBCC with completed combustible cladding checklist (part 1) – using online system
29 March 2019
Application for extending the compliance period has now expired (1 March 2019)
20 penalty units

2- Building industry professional
After Stage 1, if QBCC identify the building as potentially having combustible cladding, the owner must provide to QBCC
1.       Completed combustible cladding checklist (part 2)
2.       Form 34 (building industry professional statement)
 
**If owner knows building has combustible cladding, they can skip stage 2 by giving notice to QBCC online and move to stage 3 – engage a Fire Engineer.
29 May 2019
Any application to extend compliance must be lodged with the QBCC at least 28 days before the Compliance Period
20 penalty units

3- Fire risk assessment  – giving fire engineer details to QBCC
1.       Engage fire engineer
2.       Notify QBCC fire engineer engaged (online form)
27 August 2019
Any application to extend compliance must be lodged with the QBCC at least 28 days before the Compliance Period
50 Penalty units

4 – Building fire safety risk assessment & fire engineer statement – giving completed checklist and related assessment and statement to QBCC
Within compliance period – provide to QBCC
–          Completed combustible cladding checklist (part 3)
–          Building fire safety risk assessment report
–          Fire engineer statement
3 May 2021
Any application to extend compliance must be lodged with the QBCC at least 28 days before the Compliance Period
165 penalty units

QBCC Website – Does my building fit the criteria?
http://www.qbcc.qld.gov.au/blog/industry-today/do-you-need-complete-safer-buildings-combustible-cladding-checklist
Is your building affected?
If your building has non conforming cladding you must

Display an affected private building notice
Give to every lot owner and tenant a copy of the building fire safety risk assessment

Are you a body corporate? You must comply with the regulations as you are treated as the owner.
Bodies Corporates are treated as owners and must comply with the above stages.
Are you buying a unit? Do your due diligence
Section 223 of the Body Corporate and Community Management Act 1997 provides for implied warranties in a contract for sale of a lot – this includes

There are no latent or patent defects in the common property other than defects arising through fair wear and tear or defects disclosed in the contract
The body corporate records do not disclose any defects

If you are purchasing a unit in an affected building, you could be faced with special levies to rectify the non conforming cladding.
As a prospective unit owner, it is important to be hyper vigilant and have your property lawyer obtain body corporate searches to identify potential liability and future special levies and to ascertain if the Body Corporate is complying with its obligations under the new regulation.
Read more: How Do Cheap Conveyancers Cut Costs?
Some Neo 200 residents told to expect year-long wait before they return 
Lacrosse fire ruling sends shudders through building industry 
Legislation: https://www.legislation.qld.gov.au/view/whole/html/asmade/sl-2018-0110

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“If you thought I was the worst wife, you don’t want me as your worst enemy”
These were the last words uttered by “wife” Cyrell Paule to her “husband” Nic Jovanovic during a heated radio interview last week. It is therefore no surprise that the pair ended their marriage on Sunday night’s episode of Married At First Sight (MAFS) after a tumultuous relationship on this season of the controversial show. During the airing of the highs and lows of their marriage, Cyrell has been vocal in the media about her opinion of her former husband. There is no love lost between the pair.  Cyrell will not be silenced.
If this was a real marriage then an acrimonious divorce would most likely follow.  But it is not.  MAFS is a highly produced television program where participants enter into fake marriages with a complete stranger on the premise of finding the “one” but on-screen drama and entertainment value is the priority of the show.
MAFS participants are put in real life situations that would be experienced by ordinary couples at some stage during their relationship hence the reason viewers can relate to the program and the journey of the participants, but in circumstances where the participants have no history and are being forced to live together intimately, meet families and discuss their future after the show, it is rare that the marriages survive the experiment and last into the future.  The pressure of the contrived situations often becomes too much for MAFS participants and relationships implode on national television.
While MAFS does shine a light on social and relationship issues that are often experienced by couples (lack of communication, productive dispute resolution, impact of infidelity to name a few) it makes a mockery of the institution of marriage and sends a concerning message to young viewers that divorce is the easy option if things become tough.
Parting ways after the breakdown of a marriage is not as simple as removing your wedding ring and singing all the ‘single ladies’ as Cyrell did at the dinner party last Wednesday night.  It can be a lengthy process that is emotionally draining with a financial impact.

Divorce in Australia – the law
Before an application for divorce can be filed with the Federal Circuit Court of Australia to dissolve a marriage, the parties to the marriage must be separated for 12 months.  If the parties have been married for less than 2 years at the time they become eligible to file a divorce application with the Court, the application cannot be filed unless a prescribed certificate evidencing counselling accompanies the application or leave of the Court is granted.
This means that if one spouse or both parties to a short marriage (i.e. a marriage of no more than 12 months in duration) want to file a divorce application at the end of the expiration of the 12 month separation period they must participate in counselling together to properly consider the possibility of reconciliation before filing the application unless they want to incur legal costs in obtaining the permission of the Court.  Where a marriage breakdown is bitter, parties do not normally want to participate in counselling with their estranged spouse.  Therefore, the only way to avoid these requirements is to wait until 2 years has passed from the date of marriage to file the divorce application.
If Cyrell and Nic were legally married on MAFS, their marriage only subsisted for approximately 7 weeks.  Therefore, if Nic did not want to participate in counselling with cyclone Cyrell he would need to wait another 10 ½ months (approx) after the expiration of the 12 month separation period to file an application for divorce.
Property Settlement after divorce
After a marriage has broken down either party to that marriage has the ability to make a property settlement claim against the other under Section 79 of the Family Law Act 1975 (Cth).
The property owned by the parties to the marriage or in which they hold an equitable interest either individually or jointly will ordinarily be included in the asset pool available for division between them (including real property, superannuation, proceeds of bank accounts, shareholding in companies etc). When determining what property settlement order to make, if any, the Court will consider the contributions made by each party during the marriage and post separation (namely financial, non-financial, parenting and homemaking contributions) and the future needs of the parties to the marriage. The court has a wide discretion when it comes to making property settlement orders.
Any application must be made by a party to the marriage within 12 months of the date the divorce order takes effect (i.e. within 12 months of the date of termination of the marriage by divorce). Applications can be made outside of this time period but only with the leave of the Court if hardship would be suffered by a party if not granted or the consent of the other spouse is obtained, which in an acrimonious separation is rare.
In short marriages of 5 years or less in duration where there are no children, such as in the case of Cyrell and Nic, the focus of the Court when determining a property settlement claim is the financial contributions of the parties.
In circumstances where the parties to a short marriage have largely kept their financial affairs separate, the Court does not have to make a property adjustment order. The case law indicates that in this instance the Court would not be inclined to make an order on the basis that it would not be just and equitable to do so.

So what does this mean for Cyrell and Nic. Very little since they were not legally married to each other, but if they had been, Nic would need to tread carefully until the limitation period for Cyrell making a property settlement claim had expired. We know from the show that Nic owns a home. Cyrell resides with her parents. Therefore, Nic has something to lose.
In light of Cyrell’s present hatred towards Nic she may be inclined to pursue him for a property settlement in a form of misguided revenge. Whilst Cyrell has the ability to make a property settlement claim against Nic and can file an application with the Court seeking such orders, it would not be recommended that she do so because after 7 weeks of marriage it is highly unlikely that a Family Law Court would make an order requiring Nic to pay her a property settlement.  An outcome where Cyrell received a settlement from Nic would not be just or equitable.
Notwithstanding this, if Cyrell decided to engage a solicitor to make a claim against Nic without instituting Court proceedings Nic could still end up spending thousands of dollars with solicitors dealing with any demands made by Cyrell although she has a very weak claim.
Fortunately for Nic none of this will become a reality as they were not married.
Their separation would have been further complicated if Cyrell and Nic had fallen pregnant during the experiment. After the birth of the child they would have needed to consider the future parenting arrangements for the child as well as child support issues.  No doubt Cyrell and Nic would have very different views on those issues (not to mention Cyrell’s protective brother Ivan) and due to the toxic state of their relationship their dispute would not have been easy to resolve and most likely would have required court intervention.

The above points are just a few of the issues that separating couples must face after the breakdown of their marriage.  Separation is not a simple process as alluded to on MAFS.
While the separation of Cyrell and Nic occurred several months ago during filming, Cyrell continues to harbour very strong feelings towards her former husband based on her media interviews and social media posts.  What is driving her behaviour is not known but may have something to do with the recurring allegations that Nic cheated on her during the experiment with Jessika.   While the show is fake the raw emotions of the participants are not.
While Cyrell is left to pick up the pieces after her portrayal on the show, the program will move on.  The focus this week will no doubt be the discovery of Jessika and Dan’s affair with producers focusing on the moment that their respective husband and wife hear the news – more divorces ahead.
Hayley Condon is a Senior Associate with Attwood Marshall lawyers. She has practiced in family law for over 16 years. Hayley is a member of the Family Law Section of the Law Council of Australia and Family Law Practitioners Association.
If you require advice in relation to a Family Law matter, please contact our Family Law Department on 1800 621 071.
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