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Am I in a De Facto Relationship or Not?

Bob and Betty have both had terrible experiences in property settlement matters with their prior spouses. They are now in their 50’s and have been ‘going out’ for about 8 years. They have both sworn that they will never get involved in a de facto relationship or marriage again! The facts Bob and Betty do […]

Duty of Disclosure in Family Law Matters

Sometimes you simply must tell the truth, the whole truth and nothing but the truth. A lie by omission – something you do not mention when you should – is still a lie. Australian law dictates that people seeking resolution of certain issues related to separation or divorce must make certain information available to each […]

New Changes To The Family Law Court System

Clarifying Binding Death Nominations in Superannuation Re Narumon Pty Ltd [2018] QSC 185 A recent decision in the Queensland Supreme Court, Narumon, emphasizes the importance of a valid Binding Death Benefit Nomination (BDBN) within superannuation funds and clarified whether an attorney has the ability to renew BDBN’s. Summary: In Narumon, the deceased (Mr. Giles) was […]

Can I Recover My Costs in Family Law Proceedings?

In this podcast, OMB Solicitors, Family Lawyer, Gary Mallett answers the commonly asked question, as to whether costs can be recovered in family law matters. Your browser does not support the audio element. What is the General Rule About Costs in Family Law Matters S.117 of the Family Law Act 1975 provides that each party […]

Divorce & Separation in Australia: Who Gets What in Settlements?

For Australians going through divorce and separation, there are plenty of advantages of living in the ‘Information Age’. Now it is easier than ever before to access the court forms and other material you may need. This makes it possible to do more on your own, so you may save money on legal costs. There […]

Spousal Maintenance Frequently Asked Questions

Even in a best-case scenario – one in which you and your partner have decided to end the marriage on amicable terms – questions may arise about your legal rights and obligations. For example, you may both have questions and concerns about spousal maintenance. Specifically, you may be wondering if either of you is eligible […]

Post-Separation Assets - Who Gets What?

Who gets what will depend on the facts Australian statistics show that one third of relationships end in separation or divorce. The growing breakdown of relationships caused by divorce or separation has allowed for the distortion and generalisation of what is perceived to be ‘Who Owns What’ in a property settlement. The reason for the […]

What is a Family Report?

In family law matters, you may have heard of the term, “family report,” but what is it and in what circumstances do they apply. In this podcast, Gary Mallett, our family lawyer Gold Coast at OMB Solicitors discusses the topic. Your browser does not support the audio element. Transcript Dan: What is a family report? […]

What Happens to a Business in a Family Law Dispute?

Introduction In family law property settlement proceedings all assets and liabilities of each party, (whether they are owned jointly or separately) are combined to form what is commonly known as the “matrimonial property pool.” This pool of assets and liabilities is then subject to scrutinization and possible division by the Court upon separation. A business […]

How to Get a Divorce in Australia

There’s no doubt about it. Ending a relationship is never easy. But in Australia, ending a marriage is relatively simple – at least in the eyes of the law. This is because, unlike the divorce process in the United States, divorce in Australia doesn’t address some of the most emotionally volatile issues such as child […]

Do Grandparents Have Rights in Family Law Disputes?

Know About Grandparents Rights in Family Law Disputes We know that family law disputes are often tumultuous with so many people, quite apart from the 2 spouses and children that are caught in the crossfire. One such group, is grandparents and they often ask, what about our rights in relation to the grandchildren? In this […]

When Mediation Fails and an Agreement Cannot be Reached

When alternative dispute resolution processes do not resolve the property or parenting issues in dispute with your ex-partner (taking into account that these processes require the co-operation of your ex-partner) you will need the assistance of the Family Court or Federal Circuit Court process to resolve your matter. Are there time limits? Unless you bring […]

Ladies Protect Your Assets

Women who have gone through a separation or divorce will be the first to tell you that the process is daunting, expensive, lengthy and exhausting. You work hard, build your wealth, meet “Mr Right” and fall head over heels into a relationship, only to realise some years later that “Mr Right” was not all you expected. Suddenly, […]

Happily Ever After

The urban myth lives on despite the reality of separation, divorce and bitter wrangles. An ever increasing number of marriages fail to fulfil the happily ever after expectations most people dream of. Gold Coast lawyer Simon Bennett says it is wise to set romance aside and enter into marriage with a degree of protection. “Few people would enter […]

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Nuisance Communication - Rights of Body Corporate

Ten phone calls, fifty voice messages and a disgruntled lot owner who wants answers yesterday – there is always one. But when does it constitute a nuisance communication and what can you do about it? Let’s face it, whether your neighbor’s TV is turned up to the max, the teenager next door is hosting a […]

What Happens if a Body Corporate Caretaker Wishes to Sell its Management Rights to a New Caretaker and Wants the Committee to Agree to it?

In the context of bodies corporate, one commonly asked question is, what happens in the event that a body corporate caretaker wishes to sell its management rights to a new caretaker, and consequently wants the committee to agree to it? In this podcast, OMB Solicitors’ Tom Robinson answers the question. Your browser does not support […]

The Roles and Responsibilities of Body Corporate Members

There is little doubt that both the role and responsibilities of body corporate members can be onerous. In this video, Gold Coast Lawyers at OMB Solicitors’ Tom Robinson discusses those characteristics and in particular, why if you are given the opportunity of becoming a member, you should consider it.

How Does a Body Corporate Change its By-Laws?

With the sheer number of Bodies Corporate on the Gold Coast, it’s probably not surprising that the need to change a bylaw occurs quite regularly. But how is that change done? In this podcast, Elisha Quigg, a lawyer at OMB Solicitors, who specialises in both strata and dispute resolution discusses the topic. Your browser does […]

The Importance of Open Communication within Body Corporate Committees

I always find it interesting when I attend a budget committee meeting and the committee expresses to me their disappointment ....

What Happens When Body Corporate Levies Go Unpaid?

When Body Corporate Levies Go Unpaid? If you own a lot within a community title scheme, then it’s likely that you may be aware that they are required to pay Body Corporate levies. However, it can be a conundrum for many of them, in particular, understanding what Body Corporate levies are, what they are used […]

I Want to List My Unit on Airbnb. Do I Need Permission from the Body Corporate?

Do I Need Permission From The Body Corporate To List My Unit On Airbnb? Have you heard of Airbnb? You probably have and heard also about owners of properties who are making significant money letting their place out on the Airbnb platform. But if you’re an owner of such a property in a strata complex, are […]

Know Where to Stand

Are you ready for your Body Corporate Levies to change again? The calculation of who pays what levies in a body corporate has been contentious for some time. The major reason for this is that the Legislation has changed a number of times. It all started in 2003 when the then Labor Queensland Government introduced […]

Body Corporate Feuds

Body corporate disputes are nothing new but Juliette Nairn from OMB Solicitors has the ability to steer you through what can be a minefield of litigation. Are you frustrated by your Body Corporate neighbour’s failing to pay their contributions, leaving you to pick up the difference? The good news is you can take steps to […]

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The Importance of Seeking Legal Advice When Buying or Selling Property

In this video, OMB Solicitors Partner and Accredited Property Law Specialist, Simon Bennett explains the importance of getting legal advice early when contemplating buying or selling real estate.

COVID-19 Relief Legislation Update

In this video, OMB Solicitors‘ Elisha Quigg gives an important update in relation to COVID-19 Relief Legislation and its impact on bodies corporate in Queensland.

What Happens to the Pets in a Family Law Dispute

In this video, our Dakota Hallett discusses what happens to the pets in a Family Law Dispute.

Our Top Tips for Effective Levy Recovery

In this video, Elisha Quigg, Associate with OMB Solicitors, delivers us some top tips in ensuring smooth and efficient levy recovery.

How to Resolve a Building Defect Dispute Effectively

In this video, OMB Solicitors Partner, Cameron Marshall discusses how to resolve a building defect dispute effectively.

What You Need to Know About the New Enduring Powers of Attorney Form

In this video, OMB Solicitors Partner, Richard Dawson talks about the new Enduring Powers of Attorney form and what you need to know about it.

What You Need to Know About Retail Shop Leasing Now

In this video, OMB Solicitors Partner and Accredited Property Law Specialist, Simon Bennett discusses the current state of play with retail shop leasing.

Five (5) Main Amendments in the New 2020 Body Corporate Regulation Modules for You to Know

In this video, OMB Solicitors Senior Associate, Tom Robinson discusses what you need to know about the new Body Corporate regulation modules.

What is a Binding Child Support Agreement?

In this video, OMB Solicitors' Partner & Accredited Family Law Specialist, Abbi Golightly discusses what the Binding Child Support Agreement is.

The Requirement to Participate in Mediation

In this video, OMB Solicitors’ Partner and Family Law Accredited Specialist, Abbi Golightly discusses what is required in order to participate in Mediation also known as Family Dispute Resolution. Hi, I’m Abbi Golightly from OMB Solicitors. Prior to bringing an application to the court for parenting orders, there is a requirement under the Family Law […]

What to Do if Your Child is Not Returned to Your Care?

In this video, OMB Solicitors Partner & Accredited Family Law Specialist, Abbi Golightly discusses what you need to know if your child is not returned to your care!

Things to Consider Before Separation

In this video, OMB Solicitors Partner & Accredited Family Law Specialist, Abbi Golightly discusses the things you need to consider before separation.

What is a Parenting Plan?

In this video, OMB Solicitors Partner and Accredited Family Law Specialist, Abbi Golightly explains what you need to know about Parenting Plan.

Can You Change Your Child's Name After Separation?

In this video, Partner & Accredited Family Law Specialist, Abbi Golightly discusses what’s involved in changing a child’s name following separation.

The Insiders Guide to Checking Contracts of Sale

In this video, OMB Solicitors‘ Partner and Accredited Property Law Specialist, Simon Bennet shares important insights when checking contracts of sale – either buying or selling.

Update on Body Corporate Legislation

In this video, OMB Solicitors‘ Associate, Elisha Quigg talks about the latest updates on Body Corporate Legislation – what’s new, what’s been updated, and what do you need to know.

Ban on Pets in Upscale Apartment Tower Overturned

A unanimous decision of the NSW Court of Appeal last month has sparked discussion regarding the enforceability of By-Laws within Bodies Corporate. The Appeals Court invalidated the ‘no-pet bylaw’, identifying that such a by-law is “oppressive”. How does this decision impact Bodies Corporate in Queensland? In this video, OMB Solicitors‘ Partner, Juliette Nairn explains.

What is a Consent Order?

In this video, OMB Solicitors Partner and Accredited Family Law Specialist, Abbi Golightly talks about Consent Orders and how are they used in Family Law proceedings.

What is Probate?

In this video, our Dakota Hallett explains some of the important things that you need to know about Probate.

Property Law Update

In this video, Simon Bennett talks about some of the latest developments with Property Law and also some of the changes that have occurred during COVID-19.

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The 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 […]

One 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 […]

5 Property Buying Tips You Need to Know

On a list of stressful life experiences, buying a property consistently ranks near the top. And with good reason. It is a huge financial commitment. Luckily, there are a few simple ways to make the process a little bit easier. Here are five property buying tips that can help reduce the stress of the experience. […]

The Importance of Sole Company Directors having a Will

As adults, most of us are probably aware that dying intestate (without a valid will) can complicate matters for our families and loved ones. But did you know that dying without a will can also complicate things when it comes to your business matters? It’s true, especially if you are the sole director and shareholder […]

The Pitfalls of Buying a Property with the Objective of Redeveloping it

When entering into any contract for the purchase of property, it is important to ensure that all bases are covered and both parties know what is expected from them. When purchasing a property for redevelopment, there are a few extra steps that buyers should take to ensure they are aware of how they can deal […]

whats next after a property settlement agreement

We'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 […]

Are You Covered if Your Airbnb Guests Injures Themselves?

This is the first question that you should ask yourself if you are considering renting your property on Airbnb. Are you renting your whole house or unit on Airbnb or perhaps just renting out a room? Have you got the right cover? What will happen if one of your guests injures themselves or worse still, […]

The Importance of an Up To Date Enduring Power Of Attorney

What happens if you are outside the country and you need someone to urgently act on your behalf, or are incapacitated and unable to make decisions for yourself? An Enduring Power of Attorney (EPOA) is the legal document which appoints someone (known as your Attorney) to make these decisions on your behalf. An EPOA can […]

Benefits of Mediation

Litigation can be inherently uncertain, time consuming and expensive. This is fundamentally why the majority of disputes that come across our desk are resolved out of court. Parties are encouraged to participate in Alternative Dispute Resolution (“ADR“) in all jurisdictions in Australia. However, the type of ADR process used will differ depending on the nature […]

How 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 […]

What 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 […]

Am I in a De Facto Relationship or Not?

Duty of Disclosure in Family Law Matters

New Changes To The Family Law Court System

Your Business Your Dream

Buying or selling a business can be a stressful time. Your business is often your dream and the motivation and income source for your family. But the process of buying or selling a business can be difficult and requires expert assistance. Step One Investigate the business that you are thinking of buying. Do your due […]

Divorce & Separation in Australia: Who Gets What in Settlements?

Spousal Maintenance Frequently Asked Questions

Statutory Wills: Making A Will For Person Who Lacks Capacity

Let’s face it, as responsible adults there are certain things we simply have to do whether we like it or not. We have to work. We have to pay bills. We have to pay taxes. We have to plan and save for retirement. And at some point, we have to put our affairs in order. […]

Post-Separation Assets - Who Gets What?

What Happens to a Business in a Family Law Dispute?

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