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Protecting a child through a "No Time and No Communication Order"
Extreme behaviour resulting in extreme orders The Family Law Act states clearly that a child has a right to know and have a relationship with each of their parents. However, there are some circumstances within which having that relationship will cause a child more harm than good. That harm can be emotional, physical, sexual, or […]
Read moreCovid-19 and Binding Child Support Agreements – When Binding simply cannot be Binding
When parents seek to formalize their child support matters, it is becoming increasingly common for them to have certainty and security in that regard and for this reason, Binding Child Support Agreements are sometimes considered an agreement of choice. A Binding Child Support Agreement enables parents to effectively oust the jurisdiction of the Child Support […]
Read moreResolution – All you need is the will and wherewithal
In my frequent review of recent Family Law decisions of the Family Law Courts (Federal Circuit Court and Family Court of Australia) I stumbled across a first instance decision of Judge Neville of the Federal Circuit Court of Australia sitting in Canberra. It was interesting more for it’s discussion of three broad issues, rather than […]
Read moreWhat You Should Do if You have Reached an Agreement in Your Family Law Matter
In this video, Partner & Accredited Family Law Specialist, Abbi Golightly discusses what should you do next if an agreement is reached in your Family Law matter.
Read moreEverything You Need to Know About Family Reports
Know About Family Reports When you and the other parent of your child or children, cannot reach an agreement on the living arrangements for your children after separation, and you have exhausted all avenues of dispute resolution, as a place of last resort, litigation can be commenced. How though, when a Court is faced with […]
Read moreYour First Appointment with Our Family Lawyers
In this video, OMB Partner & Accredited Family Law Specialist, Abbi Golightly discusses some useful things to consider prior to your first appointment with your family lawyer.
Read moreCommunication Extremes, Social Media Campaigns and Family Law Proceedings
How being involved in extreme social media campaigns can affect the Court’s perception of a parent’s insight and child focus. Judge Neville of the Federal Circuit Court of Australia in Caddell & Taggard [2020] FCCA 872 (published 1 June 2020) coined a number of colloquial phrases from popular culture and history in a recent judgement […]
Read moreWhat Not to Do in a Parenting Dispute
Whilst there is no one fits all strategy in a parenting dispute, there are some pretty safe rules or tips I give my clients when advising them on how to ensure their outcome – negotiated (preferably) or litigated – is something that reflects the best interests of the children. So, here’s my parenting matters “do […]
Read moreThe Covid-19 List: How to have Your Matter Listed Urgently During the Covid-19 Pandemic
The latest practice direction from the Family Law Courts (the Family Court of Australia and the Federal Circuit Court of Australia) provides the “how, what, when and where” of the new Covid-19 List established to assist separated families in the Covid-19 Pandemic. The full practice direction can be found here. The Court has set out […]
Read moreFamily Law and COVID-19. Your Questions Answered
Confusion, concern and worry about your Family Law issues in these Covid-19 pandemic times is understandable. Abbi Golightly an accredited specialist in Family Law and partner at OMB Solicitors offers some guidance with her COVID Q & A. Are the Court’s still open? Yes, however procedures have been put in place conducting hearings mostly by […]
Read moreYour First Family Law Appointment
One of the most challenging — and rewarding — aspects of practicing family law is helping clients through some of the most challenging times of their lives. More often than not, they are going through separation and/or divorce, and need help with financial or parenting matters. In some cases, they are seeking legal advice about […]
Read moreWhat Effect Does Domestic Violence Have on a Property Settlement
As police, advocates, social workers, and mental health professionals all can attest, domestic violence takes a tremendous toll on victims. In addition to lasting physical and emotional scars, it often creates financial hardship as well. In some cases, this is because the physical injuries inflicted by perpetrators render the victim incapable of working or unwilling […]
Read moreThe Things You Need to Know After Separation
What are Things You Should Consider After Separation? In this video, OMB Solicitors‘ Associate and Family Lawyer, Gary Mallett talks about the things you need to know after having been separated with your partner. Contact our team for more information here Family Law Enquiries.
Read moreFour Tips to Prepare for Family Law Mediation
The cost, complexity and confrontation involved in going to court after the break up of a family unit is something most people would really like to avoid. The whole process can add another level of trauma and stress on everyone involved, particularly children. The courts, as well, are struggling under the weight of the number […]
Read moreCan I Still Do a Property Settlement in a Short Relationship?
It’s an unfortunate fact of life that many relationships don’t last. And when a couple splits up, there are difficult questions around how assets that were part of the marriage or de facto relationship are to be divided. This situation is often made more difficult when there is a property settlement to be decided after […]
Read moreThe Most Commonly Asked Questions Regarding Parenting Rights Post Separation
It’s 8:40 AM on the first Monday morning back at work for me after the Christmas New Year break. Whilst I stare at the 2000+ emails requiring my urgent attention, I receive a phone call. I say to the receptionist ‘can you please take a message and I’ll get back to them later’. She tells […]
Read moreOne of the Most Important Things You Need to Do Following Marriage or Divorce / Separation
The Effect of Marriage on your Will Marriage is a time of joy and commitment. However, by saying the words “I do”, you are also inadvertently saying the words “I do hereby revoke my Will“. For those who are preparing vows to be together until “death do us part”, you do need to think about […]
Read moreWe've Come to an Agreement in Relation to Our Property Settlement. What Do We Do Now?
Firstly, give yourself a pat on the back! It is great that you have reached agreement, as you will save the considerable legal costs involved in arguing over who gets what and ending up in court. Once an agreement has been reached between you as to how you wish to divide your assets and liabilities […]
Read moreHow Do I Apply for a Divorce?
Divorces can be an emotionally tough time for both partners, as well as affected third parties such as children, parents, in-laws and even friends. Unfortunately, divorces can also be a lengthy and tiring process. Eligibility for divorce Before a spouse can apply for a divorce, there are specific eligibility requirements that must be met. Either […]
Read moreWhat Happens in a Property Settlement Conference?
One of the first things to become clear when you are going through separation and divorce is that there is a lot of confusing legal jargon. There are technical terms about the property, financial and even parenting matters that inevitably surface as your relationship officially ends. For example, you may have heard of a ‘Conciliation […]
Read moreNews for Owners Corporations (NSW) Regarding COVID-19 and Levy Recovery.
Frequently Asked Questions About Levies & the Impact of COVID-19 Owners Corporations are challenged with balancing its statutory obligations with the rights of owners and occupiers (and the broader community) during this unfortunate pandemic. As the uncertainty surrounding COVID-19’s impact on the nation, and the world, continues OMB Solicitors Gold Coast address three frequently asked […]
Read moreNews for Bodies Corporate (QLD) Regarding COVID-19 and Levy Recovery
Frequently Asked Questions About Levies & the Impact of COVID-19 The Queensland Government recently reported that “Bodies Corporate and their committees have a statutory obligation to act reasonably”, which includes balancing the statutory obligations of a Body Corporate with the rights of owners and occupiers (and the broader community). As the uncertainty surrounding COVID-19’s impact […]
Read moreShort Term Letting - Body Corporate
The advent of short-term stay platforms such as Airbnb and Stayz have been a boon both for those looking for extra accommodation options in popular locations and those looking to make some extra income from letting out a spare room or granny flat in their residence, or their entire property. But this evolution of the […]
Read moreDefamation in Strata. What You Need to Know
Anyone who has had dealings with strata management and bodies corporate will know that in worst-case scenarios, they can become minefields of petty politicking and administrative overkill. Often, relations between managers and owners/tenants can become so acrimonious as to lead to legal action between the parties, as a number of high-profile court cases demonstrate. The […]
Read moreWhat the Draft Body Corporate Regulation Means for Bodies Corporate in Queensland
After nearly six years of consultation, the first of several draft regulations have finally been prepared and the last round of community involvement has commenced. In this video, OMB Solicitors, Partner Juliette Nairn discusses key features of the draft regulations. A summary of the draft regulations can be accessed here. Contact our Gold Coast Lawyers […]
Read moreFive Top Tips You Need to Know Before Renovating Your Unit or Townhouse
Living in a Body Corporate is unlike owning your own freehold land. As a member of a Body Corporate you are required to follow the rules and regulations applying to your Scheme. Consequently, any maintenance or improvements you wish to make to your unit or townhouse ought to be well thought out and planned to […]
Read moreRegistered Plans in a Body Corporate & Maintenance
The Difference Between the Two Types of Registered Plans in a Body Corporate and how the obligations of maintenance differ between them. In this video, Body Corporate Solicitor, Elisha Quigg discusses the differences between a Standard Format Plan and a Building Format Plan in a Body Corporate and how the obligations of maintenance differ between these […]
Read moreUnderstanding Section 163 of the BCCM Act – it is an Offence Not to Give Access
Section 163 of the Body Corporate and Community Management Act 1997 In this video, OMB Solicitors‘ Partner, Juliette Nairn discusses Section 163 of the Body Corporate and Community Management Act 1997. Contact our Gold Coast Lawyers team for more information here Body Corporate Enquiries.
Read moreWhat are the Different Types of General Meeting Resolutions?
In this video, Tom Robinson, Associate at OMB Solicitors within the Body Corporate team talks about the different types of resolutions that may be considered at General Meetings including how they are calculated and when do they apply. Contact our Gold Coast Lawyers team for more information here Body Corporate Enquiries. Transcript Hi, I’m Tom from […]
Read moreFive Things a Body Corporate Should Know when Entering into a Build Contract
What are five things a Body Corporate should know when entering into a Build Contract? In this video, Dispute Resolution Senior Solicitor Cameron Marshall talks to us about issues for Bodies Corporate when entering into a contract. Contact our Gold Coast Lawyers team for more information here Body Corporate Enquiries. Transcript Good morning. Cameron Marshall is my name, I […]
Read moreFive Frequently Asked Questions Regarding Building Management Statements
What are 5 of the most frequently asked questions regarding Building Management Statements? In this video, Body Corporate Solicitor Elisha Quigg talks to us about the BMS document and what it all means for Body Corporates. Contact our Gold Coast Lawyers team for more information here Body Corporate Enquiries. Transcript Hi everyone, my name’s Elisha Quigg (Hodgson), a […]
Read moreHow Should The Body Corporate Deal With Nuisance Communication
What are the steps Bodies Corporates can take to deal with Nuisance Communication In this video, Body Corporate Solicitor Elisha Quigg talks about a case law to illustrate the issues for Bodies Corporate when facing Nuisance Communication. Contact our Gold Coast Lawyers team for more information here Body Corporate Enquiries. Transcript Hey guys, Elisha here from OMB Solicitors. […]
Read moreNew Developments in Body Corporate for Levy Recovery
What are these new developments for Levy Recovery? In this video, Body Corporate Associate Elisha Quigg talks about legislation as it was applied to a case matter to illustrate the issues for Bodies Corporate when facing Levy Recoveries. Contact our Gold Coast Lawyers team for more information here Body Corporate Enquiries. Transcript Hi, everyone. My name is Elisha Hodgson, I’m […]
Read moreWhat Does It Mean When We Are Talking About Management Rights?
What are Body Corporate Assignments & Variations of Management Rights? In this video, Body Corporate Associate Tom Robinson talks about Assignments & Variations of Management Rights and what it means to ‘vary and ‘assign’ them. Contact our Gold Coast Lawyers team for more information here Body Corporate Enquiries. Transcript Hi, I’m Tom Robinson from OMB Solicitors, I’m […]
Read moreBody Corporate Insurance - Workers Compensation Related
What are some of the issue facing the Body Corporate in regards to Insurance – Workers Compensation Related? In this video, Body Corporate Associate Tom Robinson talks about these insurance-related issues when Body Corporate Committees are dealing with caretaking arrangements. Contact our Gold Coast Lawyers team for more information here Body Corporate Enquiries. Translate Hi, I’m Tom […]
Read moreBody Corporate Questions By-Law Questions We Are Often Asked About
What are some of the By-Law Body Corporate Questions we get asked? In this video, Body Corporate Associate Tom Robinson addresses some of the questions we are asked regarding Body Corporate By-Laws. Contact our Gold Coast Lawyers team for more information here Body Corporate Enquiries. Transcript Hi, I’m Tom from the OMB Solicitors team here, and I’m […]
Read moreAn Introduction On How Our Body Corporate Team Can Help
In this video, Body Corporate Partner Juliette Nairn introduces our Body Corporate team and talks about how we can help.
Read moreRoles And Responsibilities of Body Corporate Committees?
What are the Roles & Responsibilities of Body Corporate Committees? In this video, Body Corporate Associate Tom Robinson talks about the Roles & Responsibilities of Body Corporate Committees and the sometimes onerous tasks involved. Contact our Gold Coast Lawyers team for more information here Body Corporate Enquiries. Transcript Hi, I’m Tom Robinson from OMB Solicitors, I’m Associate here […]
Read moreWhat You Need to Know About the New Cladding Laws in Queensland
In 2018 this resulted in the Building and Other Legislation (Cladding) Amendment Regulation 2018 (Qld) coming into effect on 1 October 2018. The legislation and it’s operation is a data collection strategy which will recognise and evaluate the risks involved with cladding products on privately owned buildings in the state of Queensland. There are a number of […]
Read moreCommon Body Corporate Questions Answered
In this podcast, OMB Solicitors Partner, Juliette Nairn answers some commonly asked questions by bodies corporate. Your browser does not support the audio element. Answers Some Commonly Asked Questions by Bodies Corporate Dan: The first question we have here is, in the event that an owner is requiring a copy of the body corporate roll, […]
Read moreBinding Financial Agreement or Consent Orders?
In this video, OMB Solicitors Partner and Accredited Specialist in Family Law Abbi Golightly talks about the next steps to take after reaching an agreement in relation to the division of your assets after the end of your relationship. Transcript Hi, I’m Abbi Golightly, partner at OMB Solicitors and an accredited specialist in family law. […]
Read moreParenting Plan or Consent Orders?
In this video, OMB Solicitors Partner and Accredited Specialist in Family Law Abbi Golightly discusses the next steps to take after reaching an agreement in relation to living arrangements for your children. Transcript Hi, I’m Abbi Golightly, partner at OMB Solicitors and an accredited specialist in family law. So you’ve reached an agreement in relation […]
Read moreDebt Recovery Tips for Business Owners
In this video, OMB Solicitor Samuel Layani talks about a few matters about debt recovery in a post-COVID climate.
Read moreHow to Avoid a Building Contract Mess
In this video, OMB Solicitors Partner Cameron Marshall discusses building contracts and why getting legal advice is crucial to avoid conflicts in your contract.
Read moreWhat You Need to Know about Purchasing into a Retirement Village
In this video, OMB Solicitor Calum Ball shares insight about purchasing into a retirement village and the required process to get in.
Read moreHave You Insured the Home You Are Buying?
In this video, OMB Solicitors Partner and Accredited Property Law Specialist Simon Bennett shares advice about getting insurance when buying a new property.
Read moreWhat You Need to Know About Buying Off the Plan
In this video, OMB Solicitors Partner and Accredited Property Law Specialist Simon Bennett talks about buying a residential unit in an off-the-plan purchase.
Read moreWhy You Need a Will Yesterday
In this video, Wills & Estates Solicitor Harley Wilkinson talks about the importance and benefits of having a Will in place.
Read moreMaintenance, Improvement and Disposal of Common Property – what is the difference?
Sometimes it is confusing to understand the difference between repairs, maintenance, improvements and disposal of common property – listen to Tom Robinson as he unpacks the difference.
Read moreWhat You Need to Know About Breaching Parenting Orders
In this video, OMB Solicitors Partner Abbi Golightly discusses the contravention of parenting orders.
Read moreWhat You Need to Know About Arbitration
Did you know that there is an alternative to litigation when it comes to resolving your property settlement matters? In this video, OMB Solicitors Partner Abbi Golightly talks about arbitration.
Read moreWhat Are Mandatory Pre-action Procedures?
In this video, OMB Solicitors Partner Abbi Golightly shares some of the key changes from the Federal Circuit Court merger with the Family Court of Australia, particularly in implementing mandatory pre-action procedures.
Read moreBuying out Management Rights – What does this mean?
In this video, OMB Solicitors Partner Tom Robinson discusses what a buy-out in body corporate actually means.
Read moreWhat You Need to Know About Living in Strata
In this video, OMB Solicitors Senior Associate Elisha Quigg tells you five important things you need to know about living in community and strata.
Read moreHow We Can Help You With Disputes
In this video, OMB Solicitors Partner Cameron Marshall talks about how we can help you in your litigation matters from an early stage in the proceedings, particularly building a claim you may have because of defective work.
Read moreWhen and why should a Body Corporate obtain a Building Defects Report?
In this video, OMB Solicitors Partner Juliette Nairn delves into the requirement of bodies corporate to obtain an expert report for building defects.
Read moreWhat the Family Law Court Considers in a Property Settlement Following Separation
In this video, OMB Solicitor Dakota Hallett discusses what the Family Court takes into consideration in a property settlement following separation.
Read moreThe First AGM - What are the Tips and Traps
In this video, OMB Solicitors Partner, Juliette Nairn discusses the tips and traps of the first annual general meeting of a body corporate.
Read moreMaterial Change of Use Applications in Bodies Corporate
In this video, OMB Solicitors Partner, Tom Robinson talks about the material change of use applications in bodies corporate.
Read moreWhat You Need to Know about Building Defects in Strata Scheme
In this video, OMB Solicitors Partner, Juliette Nairn discusses what you need to know about building defects in Strata Scheme.
Read moreCOVID-19 – Closing of Common Property Facilities
A number of lot owners have been asking “are my levies going to be reduced/discounted if the committee closes the gym”? This question stems from the Government’s decision to close the use of recreation facilities in the public. So what about a body corporate? This article focuses on the operation of common property facilities during […]
Read moreNews Alert: COVID & Landlords of Commercial & Retail Premises
Landlord and Tenants on Commercial, Industrial and Retail Premises As promised, here is the latest update on the evolving situation with Landlord and Tenants on Commercial, Industrial and Retail Premises. The Prime Minister has announced this afternoon that the National Cabinet has met and has made some decisions around this space, which we have all […]
Read moreHow Landlords Should Respond to COVID-19
We understand that being a Landlord at the moment is an extremely difficult time. We all await further clarification from the Federal Government as to what incentives, if any, will be offered to Commercial Landlords to assist with concessions that may need to be made with their Tenants. Some Australian Banks have announced they will […]
Read moreNews for Owners Corporations (NSW) Regarding COVID-19 and Levy Recovery.
Frequently Asked Questions About Levies & the Impact of COVID-19 Owners Corporations are challenged with balancing its statutory obligations with the rights of owners and occupiers (and the broader community) during this unfortunate pandemic. As the uncertainty surrounding COVID-19’s impact on the nation, and the world, continues OMB Solicitors Gold Coast address three frequently asked […]
Read moreCOVID-19 Rent Relief
As you are all aware, we are all anxiously awaiting the announcement of the Government’s rent relief package which is expected as part of the third stimulus package, as a result of the COVID-19 crisis. We understand that tenants are now coming forward requesting rental relief in the form of reduced rental and/or no rental […]
Read moreNews for Bodies Corporate (QLD) Regarding COVID-19 and Levy Recovery
Frequently Asked Questions About Levies & the Impact of COVID-19 The Queensland Government recently reported that “Bodies Corporate and their committees have a statutory obligation to act reasonably”, which includes balancing the statutory obligations of a Body Corporate with the rights of owners and occupiers (and the broader community). As the uncertainty surrounding COVID-19’s impact […]
Read moreForce Majeure: How does an 'Act of God' Clause Affect Your Contract
On 30 January 2020, the Director General of the World Health Organisation declared the novel coronavirus COVID-19 (“Coronavirus”) outbreak around the world a “public health emergency of international concern”. We recognise in this difficult time, many of us may be also concerned with our ongoing contractual obligations and how the unforeseeable event of Coronavirus may […]
Read moreShort Term Letting - Body Corporate
The advent of short-term stay platforms such as Airbnb and Stayz have been a boon both for those looking for extra accommodation options in popular locations and those looking to make some extra income from letting out a spare room or granny flat in their residence, or their entire property. But this evolution of the […]
Read moreDefamation in Strata. What You Need to Know
Anyone who has had dealings with strata management and bodies corporate will know that in worst-case scenarios, they can become minefields of petty politicking and administrative overkill. Often, relations between managers and owners/tenants can become so acrimonious as to lead to legal action between the parties, as a number of high-profile court cases demonstrate. The […]
Read moreYour First Family Law Appointment
One of the most challenging — and rewarding — aspects of practicing family law is helping clients through some of the most challenging times of their lives. More often than not, they are going through separation and/or divorce, and need help with financial or parenting matters. In some cases, they are seeking legal advice about […]
Read moreEnduring Power of Attorney: The Difference Between Appointing an Attorney 'Severally' Versus 'Jointly' in Queensland
When people come to plan out their affairs for the later stages of their life, they are generally encouraged to nominate an enduring power of attorney. This is a legal document used to appoint a person to make important decisions about their property and/or financial affairs should they lose capacity to do so on their […]
Read moreWhat Effect Does Domestic Violence Have on a Property Settlement
As police, advocates, social workers, and mental health professionals all can attest, domestic violence takes a tremendous toll on victims. In addition to lasting physical and emotional scars, it often creates financial hardship as well. In some cases, this is because the physical injuries inflicted by perpetrators render the victim incapable of working or unwilling […]
Read moreAre You Legally Protected from Bushfires?
This month Bushfires are raging across Queensland and destroying lives, homes and valuable properties along the way. The current situation across both Queensland and New South West is dire, with 50 bushfires burning in Queensland and 60 burning in NSW. At least three people have lost their lives to the fires and many others missing […]
Read more10 Ways to Improve Your Debt Recovery Process
One of the most frustrating aspects of running a business is not being paid on time for the goods and services you provide. Customers who don’t pay on time eventually cost your business time and money in chasing them to settle their bill, not to mention the impact on your cashflow. While businesses in this […]
Read moreCan I Do a Video Will?
Smartphones have put a video camera in the pocket of nearly every person you see, with widespread and profound impacts for various sections of society, including security, surveillance and in particular, the law. In recent years the prevalence of mobile recording has resulted in a number of court cases debating whether a ‘video will’ made […]
Read moreFive Top Tips You Need to Know Before Renovating Your Unit or Townhouse
Living in a Body Corporate is unlike owning your own freehold land. As a member of a Body Corporate you are required to follow the rules and regulations applying to your Scheme. Consequently, any maintenance or improvements you wish to make to your unit or townhouse ought to be well thought out and planned to […]
Read moreWhat are the Risks of Becoming a Franchisee?
Many people have a desire to start their own business, chasing the dream of independence, control of their own destiny and, hopefully, riches. But for many the risks associated with launching a new business are too great. This is where running a business as a franchisee is often seen as a viable alternative. By operating […]
Read moreFour Tips to Prepare for Family Law Mediation
The cost, complexity and confrontation involved in going to court after the break up of a family unit is something most people would really like to avoid. The whole process can add another level of trauma and stress on everyone involved, particularly children. The courts, as well, are struggling under the weight of the number […]
Read moreCan I Still Do a Property Settlement in a Short Relationship?
It’s an unfortunate fact of life that many relationships don’t last. And when a couple splits up, there are difficult questions around how assets that were part of the marriage or de facto relationship are to be divided. This situation is often made more difficult when there is a property settlement to be decided after […]
Read moreWhat You Need to Know About the New Cladding Laws in Queensland
In 2018 this resulted in the Building and Other Legislation (Cladding) Amendment Regulation 2018 (Qld) coming into effect on 1 October 2018. The legislation and it’s operation is a data collection strategy which will recognise and evaluate the risks involved with cladding products on privately owned buildings in the state of Queensland. There are a number of […]
Read more