On the night of Thursday 22 June, the winter solstice and longest night of the year, our team from McLaughlins Lawyers put their bodies on the line; sleeping out on cardboard to raise funds and awareness for the plight of homeless people on the Gold Coast. The Gold Coast Bulletin celebrated the Vinnies CEO Sleepout with many of our team on show.
Matt Kollrepp, our new Associate Director, Joelene Nel and Teresa Kearney Senior Associates, Geoff Smith Consultant, Allison Masal and Suzanne Falzon, experienced paralegals braved the cold with just a small bowl of pumpkin soup to warm us.
We joined hundreds of CEOs and teams from the Gold Coast for a night of eye opening talks, entertainment and a taste of what it must be like for thousands sleeping rough. The stories ranged from a mum who had been evicted from rental accommodation after nursing her dying mother and her son being critically injured in a car crash, to older divorced women living in cars, and kids couch surfing to escape violent homes.
Cornerstone, the Vinnies Gold Coast homeless co-ordination centre in Hicks Street, is funded by the Gold Coast CEO Sleepout and makes sure the funds we raise stay on the Gold Coast to help those in our backyard.  Chris Martin from Cornerstone took us through a typical day and scary statistics of the number of people needing help and at risk of homelessness.
Luther Cora, an expert didgeridoo player in traditional corroboree dress, welcomed us to country with songs and the best didgeridoo playing ever.
To cheer us up and compensate for the lack of comfortable beds, Brad Blaze a speed artist painted 3 amazing portraits upside down before our eyes then donated the paintings to be auctioned on the night for the CEO Sleepout fundraising goal.
Andrew Bell, auctioneer extraordinaire from Ray White Surfers Paradise, auctioned the charity items making us all nervous we had scratched our nose and accidentally bid on the Fiji holiday for thousands.
Karen Phillips, incomparable compere and Colin Wheeler, coordinator and chief coercer again pulled off a successful and entertaining evening.  There was plenty of time for quiet chats with new friends and old colleagues with no time pressure to get in the drinks and food and rush off home.  We all thought how fortunate we are to have real warm beds and homes for the other 364 days of the year.
If you would like to donate to our team click here. 
If you need advice or help concerning your property or commercial matter, please ask for Teresa Kearney, Joelene Nel for family law issues or Matt Kollrepp for construction and litigation advice.  McLaughlins Lawyers, your experienced Gold Coast lawyers, stand beside you and even sleepout for the homeless.
 
Author: Teresa Kearney
Director: Ian Kennedy
Date: 2 July 2019

As with any matter involving children before the Court, there are two primary considerations which must be considered:-

The benefit to the child of having a meaningful relationship with both of the child’s parents; and
The need to protect the child from physical or psychological harm including being subjected to or exposed to abuse, neglect or family violence.

In cases where one party wishes to relocate with the child and the other parent does not agree to the child being relocated, it is prudent for the party wishing to relocate to try and reach agreement though Mediation or Family Dispute Resolution. If an agreement is still unable to be reached, then the party wishing to relocate should seek Orders through the Federal Circuit Court.
In these cases, the Court will give consideration to:-

Whether the proposed relocation will negatively impact on the child’s ability to maintain their relationship with the parent that will remain living in the same place including the costs and logistical difficulties of the parent not relocating spending time with the child;
The wishes of the child, depending on their maturity and understanding;
Why the parent wishes to move. There must be good reasons which might include:-

Financial implications such as better job prospects;
The parent wishing to relocate may have no family support in the current place and wishes to relocate to where they will have greater family support;
A history of domestic violence.

One parent may have had little to no involvement in the child’s life in which case the parent wishing to remain in the same place would not really have their time impacted;
Whether there are other children involved such as a half-sibling which would not be included on the relocation and the impact to that relationship;
The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent. This may include offering significant holiday time, paying for the travel costs, enabling the other parent to spend time with the child at the new town or city if they travel there;
Recent cases have taken into account the mental health of the parent wishing to relocate. If the Court was to refuse to allow the parent to relocate with the child and the parent needed to remain in the same place as they are the primary carer for the child, would that decision negatively impact on the parent’s ability to parent the child?
The proposals for the children’s living arrangements put forward by each parent;
Whether the parent initially not wanting to relocate is also able to relocate.

Each case is different.
If you or the other parent are considering relocating, talk to one of our expert team on (07) 5591 5099 to get the right advice for your circumstances.
There are times when urgent advice is needed.

If you become aware that the other parent is considering relocating, get immediate advice to prevent the unilateral relocation of the party and your children.
If you’ve been affected where the parent has already relocated, contact us for advice about bringing an application for location and recovery Orders.

 
Author: Sophie Pearson
Director: Sophie Pearson
Date: 28 June 2019

If you are involved in a proceeding in a Supreme Court of Queensland of a commercial nature, it may be suitable to be placed on the commercial case list.
One of the benefits of placing a matter on the commercial case list is it will be case managed by a senior Judge of the Supreme Court.
The state courts of Queensland, somewhat unlike our southern states counterparts, allow the parties to effectively control the pace of the proceeding and what each party will or won’t do.  Whilst the Uniform Civil Procedure Rules 1999 in Queensland prescribe certain timeframes for tasks to be undertaken, the Courts generally do not intervene to ensure compliance with such timeframes.
A benefit of the matter being placed on a commercial list is it will not linger and proceed for an uncertain time, and potentially a number of years, and it will be moved to resolution point under the guidance of a Judge.
This is different to the supervised case list which exists to assist parties where one of the parties in a litigation is self-represented and requires guidance from the Court.
One of the obvious downsides with having a matter placed on the commercial case list is costs.  Costs are likely to escalate quickly given the frequent return dates in Court and the directions made by the Court about things being done relatively quickly and there being little tolerance for non-compliance with the directions which puts a party at risk of costs orders if they don’t comply.  Those costs must be balanced against the costs involved in a long running litigation in the Supreme Court and the possible swift resolution of the dispute as a result of being on the commercial list.
In practice, the party wishing to place the matter on the commercial list, generally the plaintiff, but not always the case, must make an application to the Supreme Court to have the existing matter placed on the commercial list.  The applicable Supreme Court practice direction gives the applicant clear guidance about what steps that need to be taken including the filing of a listing application and a statement in support addressing the criteria as to why the matter belongs on the commercial list.
If you have a running matter in the Supreme Court of Queensland and would like some advice about the commercial list or supervised case list, please do not hesitate to contact one of our litigation lawyers at McLaughlins Lawyers on 07 55 915 099.
 
Author: Matt Kollrepp
Director: Ian Kennedy
Date: 14 June 2019

The 187 employer-sponsored visa is usually the fastest and least-expensive way to receive permanent residence in Australia. The direct entry stream gives immediate permanent residence on visa grant. One of the requirements for the 187 visa is that employment is in a regional area. In Queensland, regional postcodes are anywhere outside the central suburbs of the Gold Coast and Brisbane. Nearby Gold Coast regional postcodes include Carrara, Nerang, Pacific Pines and the Hinterland. The NSW-side of Tweed Heads is also considered regional.
To apply for the 187 visa, the visa applicant must have at least three year’s relevant employment experience, be under 45 years old and have competent English (IELTS 6 or equivalent). One of the key advantages of the 187 visa is that for most occupations, the visa applicant does not need a skill assessment from one of the skills assessing bodies.
The federal government has announced the 187 visa will no longer be available after 16 November 2019. The 187 visa will be replaced by a new permanent regional visa, the 191 visa, but this will not be available until November 2022.
The federal government has also announced it will close the 489 temporary points-based regional visa in November this year. Holders of 489 visas are eligible to apply for permanent residence through the 887 visa after they have lived in a regional area for two years and have also worked in a regional area for one year.
The government will open two new regional temporary visas on 16 November 2019. Both of the new visas will require the applicant to be under 45, have competent English and hold a positive skill assessment.
The first new visa is the points-based 491 visa which allows the holder to remain in Australia for up to five years and will only be available for some occupations. The 491 will require nomination by the state government or an eligible relative.
The second new visa is the temporary employer-sponsored 494 and has a minimum salary of $53,900. Both of the new temporary regional visas will allow the holder to apply for permanent residence after three years.
Regional employers with employees on temporary visas that want to stay in Australia should explore their eligibility for the 187 visa while it is still available. After 16 November 2019, it will take much longer and cost a lot more for temporary residents to apply for permanent residence in regional areas.
If you need advice and help concerning your sponsorship and Australian residency, Sed Crest and Crest Migration in association with McLaughlins Lawyers your experienced Gold Coast lawyers can help and give guidance.
 
Author: Sed Crest
Director: Ian Kennedy
Date: 11 June 2019

Judges are often thought of as men or women sitting on a high bench, way off in the distance, with a gavel in hand, and stern look on their faces.  We need to remember that Judges are everyday people who have a certain kind job.
Recently a number of lawyers from McLaughlins Lawyers attended an event to listen to members of the Judiciary talk about the work that they do and give some takeaway tips.
The important role of the lawyer in court
The Judges commented that they rely on good lawyers doing the best they can in presenting their client’s case. The challenges with self-represented litigants can sometimes be the integrity of the information which is presented to the Court. Technology allows self-represented litigants to find ‘Google answers’ which may provide misinformation and could be unhelpful in a Judge having to decide a matter. A lawyer’s role in preparing and presenting a case in Court is a benefit to the Judge who hears the matter.
Challenges faced by Judges
Judges can sometimes be uncomfortable with the thought that everything they say is going to be transcribed or aired in a public forum.  This can place a great deal of pressure on them.  Judges acknowledge the responsibility that they have in making orders in their courts, and consider this a privilege. One Judge explained that he doesn’t view himself as better then anybody else, just that he has a certain job to do.  Judges make the best decision they can on the day with the information that they have at that point in time.
Tips for lawyers and their clients

Be patient – the Court is busy and you are encouraged to try and resolve matters beforehand.
Be prepared – know the law. There is no shortcut for preparation.  Both the lawyer and the client need to have their case prepared properly when they go to court.
Be precise and brief – there is no need to talk about the history of the case from the day the was client was born. Not all of that information will be necessary for the Judge to decide a matter.

McLaughlins lawyers work hard to deliver the best outcome for their clients and to make sure that their clients feel supported and confident in the legal process. Joelene Nel is and family lawyer at McLaughlins Lawyers with more than 15 years experience helping parties resolve matters after separation. Joelene is involved in the Gold Coast legal community as a volunteer and a committee member of the Gold Coast District Law Association.
Contact McLaughlins Lawyers on (07) 5591 5099 so that we can help you with your legal matter.
 
Author: Joelene Nel
Directors: Sophie Pearson
Date: 1 April 2019

Here at McLaughlins, we take a well rounded approach to maintaining wellness amongst our staff so that we can be in the best possible mind frame to effectively assist our clients. We recognise that the umbrella term of “wellness” encompasses many factors including mental, physical, and emotional wellbeing.
This week, we have been sharing with each other some tips around maintaining financial wellness. The flow-on effects that often come from money problems can negatively impact mental and emotional health, and even physical security. This can be stressful at the best of times, let alone whilst going through a separation with elements of domestic and family violence.
Thankfully, there are now a number of resources available to meet the needs of the sadly growing number of people in these situations. We have listed our top 5 below:

Banks – they’re not always the bad guys. Some banks specifically offer financial help to existing customers who are leaving a domestically violent relationship or generally going through a relationship separation, including:

Commonwealth Bank – call 1800 222 387 or visit https://www.commbank.com.au/support/dv-assistance.html to find out about their Domestic & Family Violence Assistance Program; and
NAB – call 1800 701 599 or visit https://www.nab.com.au/personal/help-and-guidance/financial-hardship to find out about the financial hardship assistance options that they offer.

Centrelink – call 132 850 to speak to a Social Worker who may be able to help with applying for Crisis Payments and other benefits, as well as short term counselling referrals.
No Interest Loan Scheme – if you are affected by Domestic & Family Violence and have a low income, you may be eligible for safe, fair and affordable credit – visit nils.com.au to find out more.
Salvos Emergency Relief – people affected by Domestic and Family Violence may be eligible for emergency relief, including assistance with paying for food, travel, phone, bills, clothing, and utilities. Call 1300 371 288 to find out more.
Pets in Crisis – the RSCPA has partnered with DV Connect to form a foster care program to provide safe accommodation for pets of people who are at serious risk of domestic violence until they can be reunited with their families. Cruelty towards animals by perpetrators of domestic violence as a way to control their partner is alarmingly common and can often be the reason why people remain in such relationships. Gaining assurance that their pets will be taken care of could be the catalyst that provides a victim of domestic violence with the resolve to end the relationship and improve their lives for the better. Call 1800 811 811 to find out more.

If you, or someone you know would like further advice around the possible consequences and repercussions of leaving a violent relationship, the Family Law team at McLaughlins Lawyers would be happy to assist or direct you to further resources. 
 
Author: Shona Sahay
Directors: Sophie Pearson
Date: 26 March 2019

Following our teams’ recent success at the inaugural Gold Coast District Law Association’s Barefoot Bowls event, McLaughlins Lawyers has formed a mixed netball team.
The team played their debut game last Thursday night at the Gold Coast Indoor Sport Centre at Ashmore. Despite losing in a close contest to the ‘Coasters,’ the team performed well and showed plenty of promise for the season ahead.
At McLaughlins Lawyers we place an emphasis on community engagement and maintaining a healthy work-life balance. We look after ourselves to ensure we are able to efficiently and effectively look after your legal problems.
If you require legal assistance please do not hesitate to contact McLaughlins Lawyers and speak to one of our highly-skilled lawyers today.
 
Author: Alex Hamlyn
Directors: Ian Kennedy and Sophie Pearson
Date: 18 March 2019

Late last year the Australian Government set up the Foreign Influence Transparency Scheme.  What is it and what does it mean for you and me?
 
My suspicious mind conjured visions of the latest wave of foreign phobia or fear of those from overseas.  Investigating the details it appears on the surface as a reaction to the ongoing claims of foreign government interference in elections around the world and so called soft power initiatives.
 
Our Australian Government states in a series of fact sheets that our robust democracy benefits from diverse opinions and voices and that all governments, including our own, seek to influence issues and policies.  Apparently foreign activities that are hidden or not transparent could have serious implications for Australia.
 
So what does it mean?  After 10 December 2018, the scheme requires any person who undertakes activities like lobbying, communications or disbursement activity on behalf of a foreign principal or government to register and provide details to the Australian Government within 14 days of entering a relationship with a foreign principal or conducting a registrable activity.
 
The Commonwealth Attorney-General’s Department may issue a transparency notice confirming a person is a foreign principal and a public register will contain identifying information concerning the people, countries and activities involved.
 
Recent reports by the Australian Broadcasting Commission “ABC” indicate that the registrations up to the grace period include only a few Canberra lobbyists and a conspiracy theorist.  Certain high profile ex-members of parliament have resigned from foreign based organisations to avoid registration.
 
Luckily for us exemptions include charitable, humanitarian and aid workers, legal and other professionals where legal professional privilege may apply.  Some activities for example lobbying of Departments by lawyers on behalf of a foreign principal would still be caught and may require registration and disclosure.  Embassy, foreign affairs and consular officers and presumably spies would be similarly exempt.  What would be the point of a secret service if it’s no longer secret?
 
So if you are involved with foreign persons or governments and seek to lobby or influence on their behalf, new government registration and regulations apply.  Failure to comply incurs penalties including fines and up to five years imprisonment for serious breaches.
 
Our increasingly interconnected world, especially in the commercial field, means we may need to consider this further layer of government regulation in dealings with friends and associates from other countries.
 
Further information is available on the Government’s website link https://www.ag.gov.au/Integrity/foreign-influence-transparency-scheme/Documents/fact-sheets
 
If you need advice concerning these new developments affecting international issues, Teresa Kearney and McLaughlins your Gold Coast lawyers can investigate and give guidance.
 
Author: Teresa Kearney, Senior Associate and former Chair of the Queensland Law Society International Law and International Relations Committee
 
Director: Ian Kennedy
 
Date: 13 March 2019