HOW FLAST WORKS

With discussions on legal issues in social media there is always a risk that the other party will find out that you have posted and asked a question about your case and use that against you.

With FLAST we discourage discussion of a members personal case publicly, instead we do regular case studies of cases coming out of the Family Court and provide an environment for Lawyers to engage in discussions about those Court digests and members who have family law related issues the ability to interact with lawyers directly either through public discusion, private messaging or our recommended method is anonymously until you find the lawyer you would like to help you.

FLAST provides for social media discussions of legal issues where legal professionals and those with legal experiences can discuss legal issues in a safe environment without giving legal advice but still providing valuable legal information.

STEP 1 : Register with FLAST.

STEP 2 : Create a Profile and/or an anonymous profile if you wish the discussion to remain private while you interact.

STEP 3 : Post your question in the Discussion area or comment on posts and news.

STEP 4 : We notify our members who are legal professionals or members with relevant experiences and share the issue across our network of social media sites that cover legal issues.

STEP 5 : You can safely interact with your anonymous profile.

STEP 6 : You can make contact directly with Organisations and Professionals on FLAST and you can make that decision based on what you see in their profile, how they interact in the forum, any reviews that they may have received.  You can also purchase services directly from the Legal Professionals and Organisations through FLAST which gives you the added piece of mind that they will provide the highest possible level of service to you.

Join FLAST as a subscribed member for added services.

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New Discussions
When seeking a Subpoena, does it need to be in relation to an 'open case'? I'm embarking on an 'Appl…
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  •  · Elisabeth HA thank you but custody orders were finalised via consent in 2019. Since then, the situat…
American mother of dual citizen children and with permanent residency in Australia retains the child…
What area of the Family Law Act the court gets its authority to force drug testing?
What is the process to have the courts take action against the other party for perjury? I have put i…
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  •  · I guess the point is the process does not work.   The Court may decide for itself or upon applicatio…
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Hi,I have a question, I have my 3rd directions hearing in early Feb and the OP still will not supply…
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  •  · Feel welcome to call us at Van Beveren Lawyers if you want further advice 0429 312 986
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Former judges and legal support services have expressed their dismay at the "devastating" passage of legislation that will see the Family Court combined with the Federal Circuit Court, with claims survivors of domestic violence could end up "falling through the cracks".

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Lancefield & Lancefield (No 2) [2020] FamCAC 312 (22 December 2020).  This case concerned an appeal by the father after the court at first instance made orders for the children to live with the mother.  Prior to this, the father had been the primary carer of the parties 2 children since separation in 2017.  At the time of trial, the children were aged 11 and 9. At first instance, the Court found that the father was coercive and controlling which justified a change in residence. The Full Court (Ainslie-Wallace, Ryan & Aldridge JJ) upheld the father’s appeal in part and remitted the matter to be reheard by a different judge.

The facts of this matter revolve around an incident that occurred on 19 February 2018 when the family iPad was activated and via family sharing, the father was able to access the mother’s internet search history which included “how to tie a hangman’s noose”; “how to disappear without a trace”; “how to completely change your appearance”; and “how to disappear from your husband” ([31]). Upon seeing the mother’s search history, the father contacted the mother’s brother on the same day to raise his concerns and a welfare check by police took place.

The mother had been previously hospitalised in respect of her mental health issues but had “capacity to provide for the children’s physical, educational and general emotional needs”([5]).  In April 2018, the parties entered into a parenting plan which provided for the children to live with the father and spend time with the mother, one weekend per month under supervision. The parties were unable to reach agreement about the children’s long-term arrangements and in June 2018 the mother initiated proceedings in the Federal Circuit Court. Interim orders were made by consent providing that the children live with the father, the parents have equal shared parental responsibility and during school term the children would spend 2 weekends with their mother unsupervised.  Time was also made for the children to stay with their mother during the school holiday periods.

The family iPad was linked to the mother’s iTunes account which she failed to disconnect. “Whatever might have been the situation before separation, the issue in the case was whether, post-separation, the father used the iPad to stalk and monitor the mother. And, if he did, what this said about his attitude towards the mother and his behaviour as a role model to the children” ([52]).

On the facts, the Full Court found that it was not open to the primary judge to conclude that the father had stalked the mother.  “The primary judge should have found that the father retained copies of the material that popped up on 19 February 2018 and that after the mother changed her iTunes account, password and email address in February 2018, there was no evidence that any new information of the mother’s appeared on the iPad.”([65]).

([65]) the effect of the mistaken findings as to Ms H’s evidence is that not only was the primary judge satisfied that the father engaged in coercive and controlling behaviour but his Honour also recognised a pattern of behaviour in the father accessing the mother’s private emails which enabled a finding that the father accessed the mother’s emails and electronic searches during their relationship without permission ([66]).

During interviews, the eldest child stated that he wanted to stay living with his father.  The family report writer “scored both parents equally” however statements from the youngest child to the family report writer “I miss mum” and “we [rarely] see mum” left the family consultant with the ‘impression’ that the child preferred to live with his mother ([82]).

Although the Full Court felt it was open to the primary judge to accept the Family Consultant’s opinion, the Full Court held that after the primary judge decided that the father engaged in coercive and controlling behaviour (also that the father had not promoted the children’s relationship with their mother) he failed to properly consider the weight to be given to the Family Consultants “impression” of the younger child’s views and to treat both children’s views equally

 

Read the horrific text a bikie sent to his girlfriend that cops DISMISSED because it's 'common for women to make false allegations' - just five days before he bashed the mother to death with a metal fire hydrant

$6 million in legal fees: The high price of getting a divorce in Sydney

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A parenting order is a set of orders made by a court under Part VII of the Family Law Act 1975 (FLA) about parenting arrangements for a child. When there is an agreement between the parties, usually the mother and the father, a court can make a parenting order based on that agreement. This is known as a consent order. If the parties cannot reach an agreement, the court can make a parenting order following a court hearing or trial.

A parenting order can cover a couple of topics or an extensive list - there is no requirement to deal with any particular matters. A parenting order may deal with the following:

  • who the child will live with;
  • how much time the child will spend with each parent;
  • the allocation of parental responsibility;
  • how the child will communicate with a parent they do not live with or other people; and
  • any other aspect of the care, welfare or development of the child.

This service is designed to save time and stress by allowing you to complete important details online.  Upon notification of your purchase, I will send you a link to our intake form.  All you will need to do is fill in the details as prompted.  Once completed, I will review your document and contact you to ensure that it is properly completed and provide any guidance or recommendations. 

 

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This document creates a Binding Financial Agreement (aka Pre-nup) for couples contemplating entering marriage. It is used to quarantine all or some of the property or financial resources of either or both of the parties to the marriage. This agreement only deals with the property and liabilities of the parties and not with spousal maintenance or child support.

** Please note that this agreement cannot be entered into if, at the time of making the agreement either party is already a party to any other financial agreement.

***To be binding, both parties must have independent legal advice from their own respective legal practitioner before signing the Agreement.

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Mora & Worley (No.2) [20!9] FCCA 3938 (30 September 2019)

This case involves the father seeking to change the name of his child which is said to be in the child’s best interest.

Facts:

The parties to the proceedings are X’s father, Mr Mora, the applicant, and X’s mother, Ms Worley, the respondent.

A number of Interim Orders were then made on 6 August 2018. Those Orders provided for X’s mother, Ms Worley, to spend time with him on a supervised basis, with supervision provided by the Father or a person agreed by Mr Mora.

On 23 August 2018, Ms Worley resorted to what might be described as “self-help”, removing this young lad from his school without the Father’s knowledge and in circumstances that could only be described as unilateral.

That removal of X from his school led, particularly as a consequence of past involvement of the Territory Child Welfare Agency and the Mother being well-known to police, to the issue of what is referred to in Territory legislation as “an amber alert”, seeking the assistance of the general populace in locating young X because of concerns for his safety.

What flowed as a consequence of the amber alert and the Mother’s retention of the child until removed by police was the initiation of significant criminal action against the Mother.  Shortly prior to Ms Worley removing the child into her care, an Apprehended Family Violence Order had been sought for the protection of young X. The Interim Order that was made, in not dissimilar terms to the Final Order ultimately made on 4 October 2018, provided that Ms Worley was prohibited from being at named premises, at the child’s school, from being within 100 metres of certain locations particularly relevant to the child, as well as, importantly, being precluded from contacting young X except through a legal practitioner or as the consequence of any Order as might be made by a Court, (subject to certain exceptions).

Mr Mora deposes to the impact of these and past proceedings upon X, the child’s presentation and statements to him and the general circumstances that preceded his retaining the child.  All suggest trauma experienced by X.

Mr Mora seeks that both he and young X will change their surname from Mora to B.

Issue: Should the court grant the order sought by the father?

Analysis:

Whilst the evidence lead by Mr Mora is frugal, the court is satisfied that it is sufficient. The Order that is sought is protective of X.  His name and photograph are in the public domain.  It will enable some degree of anonymity, as is suggested by Mr Mora.  It is a name that has a connection for Mr Mora and thus for X.  It is a change of name that the court is satisfied that is in the child’s best interests.  In any event, the court is satisfied that the above evidence fundamentally supports an Order for sole parental responsibility in favour of Mr Mora, it would be his decision, in any event.  All the Court is really doing is giving its imprimatur, to some extent.  As is submitted by counsel for Mr Mora, the Order is unnecessary, but to the extent that it is sought, the court is satisfied that it is appropriate and in the in child’s best interests.

Conclusion: Order sought by the father is hereby granted.

Appeal of a 18 year Family Violence Intervention Order.

  • Cameron McKenzie Whilst appeals focus on errors of law and act in a supervisory capacity, clearly the discretion of the judge is wide.
    Fundamentally, there does appear to be the obvious problem with taking an order without admission where the evidence remains untested and no finding on the evidence is ever made. Concerns exist that in absence of any tested evidentiary foundation, on what basis can the appeal court increase the sanction? The appeal court appeared to make findings and the drawing of inferences in the absence of evidence, which is an error of law: Australian Broadcasting Tribunal v Bond and Others (1990) 170 CLR 321, citing Sinclair v. Maryborough Mining Warden (1975) 132 CLR 473.
    So the point remains, when does taking without admission, suddenly result in all allegations being proved? If the evidence was that strong the prosecution could have sought the mater to be tried thus affording the defendant to test the evidence. Clearly the appellant angered the court and was punished.
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    • Mishka Hudson Wow this is pretty outrageous especially considering that there was a concession that an error was made. Disappointing. Ms Mishka Hudson 

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      This is a subscribed member area, you can't 'Comments Post' until you join FLAST.
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      Canfeld & Falkins [2020] FCCA 2570 (9 September 2020)

      This is a parenting case where the primary issue at interim hearing was the choice of supervisor for the mother's time with the children in circumstances where the continued cost of professional supervision was not sustainable. 

      Facts:

      The three children of the relationship (aged 16, 11 and 8) live with their father and spend time with their mother on a supervised basis.  The arrangement however was not working due to, inter alia, a lack of commitment by the parents and the cost of the supervision.  The mother sought for her time with the children to be supervised by "Mr L" instead, beginning with Sundays from 9am to 5pm and then progressing to a fortnightly basis from 9am Saturday to 5pm Sunday.  The independent children's lawyer (ICL) supported this position.

      The father proposed that the mother be granted no time but if time was to be given, then it is to be supervised by way of a professional supervisor. 

      Being an interim application, the Court was required to review authorities on the assessment of risk to children when dealing with interim matters. Unlike final hearings where the evidence can be tested, this is not possible when dealing with interim applications due to less time available.  The Court referred to some of the leading authorities about decision making in interim cases. 

      Issue's:

      • Can the mother's time be supervised by a non-professional person when the continued cost of professional supervision is not maintainable?
      • What is the appropriate way to deal with risk assessment at an interim hearing?

      Law:

      Findings:

      The Court made orders for the mother to spend time with the children to be supervised by Mr L.  In coming to this decision, Judge Altobelli included a number of paragraphs from his own decision in a matter called Insley & Insley [2018] FCCA 438, where he had previously discussed some of the authorities about decision making in interim cases:

      In Goode & Goode [2006], the Full Court warned against making findings of fact where findings are not possible.  The Court did not rule out making findings of fact and, it must be remembered that findings can be made on the basis of uncontested matters or admissions.  To the extent, moreover, that findings may be differentiated from inferences, inferences may certainly be drawn from all of the material available before the Court.  [64]... [T]here have been later Full Court decisions that suggest in that, particularly in cases where there are allegations of family violence, a more nuanced approach is warranted.  For example, the Full Court in SS & AH [2010] FamCA 13... noted that sometimes judges will have little alternative but to weigh the probabilities of competing claims and the likely impact on children in the event that a controversial assertion is acted upon or rejected.  The Full Court stated that it is not always feasible when dealing with the immediate welfare of children simply to ignore an assertion because its accuracy has been put in issue.  Nonetheless, the Full Court warned, findings must be couched with circumspection.

      [65] The Full Court in Marvel & Marvel (No.2), in referring to its earlier decision in SS&AH stated at [120] that decision-making in interim proceedings is difficult, and thus a conservative approach is warranted, or one which is likely to avoid harm to a child. [66] In Reece & Reece, the Full Court warned at [76] about the consequences of failing to have regard to expert evidence simply because it was untested in cross-examination...

      [67] In Deiter & Deiter, the Full Court suggested that s60K (now s67ZBB) of the Act signalled a clear policy imperative of ensuring that allegations of family violence are treated seriously and dealt with expeditiously.  In an ideal world, these allegations could be dealt with at a discreet issues hearing, or an expedited final hearing.  In reality, in a registry of this court where almost all of the cases involve allegations of family violence, neglect, abuse, drugs or alcohol and mental health, neither a discreet issues hearing, nor expedition is possible.  

      [70] The Full Court in Enmore & Smoothe explained that a finding of risk of abuse may be reached on the basis of evidence which falls short of that required for a finding that abuse has occurred.  However, that is not to suggest that evidence aimed at establishing a possible risk of abuse should not be subject to careful scrutiny, since serious consequences can also flow from a finding that a child is at risk of abuse.  [71] In 2015, the Full Court in Eaby & Speelman [2015] FamCAFC 104 at [18] expressly stated that the comments of the Full Court at [68] in Goode did not mean that merely because the facts are in dispute the evidence on the topic must be disregarded and the case determined solely by reference to the agreed facts...

      After analysis of the relevant authorities His Honour proceeded on the basis by ascertaining whether the risk of harm to the children could be addressed by supervision by Mr L or only by a professional supervised contact service.  With respect to the terms of supervised time, it was more a practical question.  The Court accepted the mother's case that continuing to pay for private professional supervision was not feasible.  Although it appreciated that private non-profession supervision as that to be offered by Mr L would mean that there would be no written report, the Court felt nonetheless that appropriate supervision could be carried out by Mr L.  

      This case demonstrates that although the Court cannot test the evidence at an interim hearing stage, it does not automatically mean that it cannot make a finding of fact.  It will however ultimately side on caution especially where there are competing versions that go to the question of risk to children.  The Court will then assess whether the risk of harm can be addressed by some other means.  In this case the Court deemed that the risk of harm could be addressed via the supervision by Mr L and it was not confined to making orders for supervision only by a professional supervisor. 

      Family courts at breaking point as Chief Justice Will Alstergren admits parents face ‘unacceptable delays’

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      If you are a self-represented litigant, this service is designed to provide you with the guidance you need to draft your own written evidence.  Even if you feel that you have written an effective affidavit, it is always worth having it looked at by a solicitor before it is filed.  A solicitor can draw to your attention any possible defects with respect to compliance with the rules of evidence and provide useful feedback on the formatting and content of the document.  Whether you need help with the drafting itself or just settling the document,  this service is designed to work around your personal needs.

      Queensland had the highest crude divorce rate of 2.5 divorces per 1,000 estimated resident population, while the Northern Territory had the lowest of divorce rates in Australia at 1.7 per 1,000 estimated resident population.

      Via Simon Mayers 

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      This service provides assistance for self-represented litigants to help prepare their draft consent orders and have it reviewed by a current practicing lawyer to ensure the content and form are in compliance with the legislative and regulatory requirements. 

      Price includes up to 2 hours of drafting support and 2 hours of review by a legal practitioner with a letter of advice and any recommendations.

      CONGRATULATIONS TO VAN BEVEREN LAWYERS - NOMINATED TOP 3 FAMILY LAWYERS IN GEELONG!

      Van Beveren Lawyers are thrilled to be included in the Top 3 Family Lawyers in Geelong on Three Best Rated.


      "John Van Beveren is the principal lawyer at Van Beveren Lawyers. His particular interest is in providing a compassionate experience of the legal system, particularly family law. John is especially attuned to the needs of small enterprise and startups after running his educational centres and online businesses for over ten years. Van Beveren & Associates is a Geelong-based boutique law firm with a compassionate approach towards their clients who are often dealing with some of the most challenging situations life can serve up. Every day, they help families from Geelong and the Surf Coast navigate relationship change, planning a will or estate, buying or selling a home, negotiating a mortgage, or appearing in court. Their team are here to help with sound legal advice to ensure you to find your way through successfully."

      Congratulations to the team

      John Van Beveren Scarlett Kennedy Akasha Rose 🌈 Roxanne Van Beveren Danny Jovica

          #familylaw

      https://lnkd.in/gc34KzJ

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      Looking for support during change? Inspiring you to stay positive during separation.

      The Happy & Hopeful Family Law Package is a fixed-cost package for those taking their first step in family law. If you have a family law concern and don't know where to start, let us support you on your path back to happiness and hope.

      Separation can be complex. It is extremely important to obtain specialised legal advice relevant to your situation so that you can make the best informed decision about:

      • the best interest of your children; and
      • your property & maintenance entitlements or obligations.  

      The choices you make now can have repercussions long into the future for you and your family. Our lawyers are committed to supporting your to feel empowered on your path to future financial and emotional independence.

      After you have made an initial enquiry with us, we are usually able to book a family appointment within 1-2 business days, depending on availability.

      Please note the other party will need to seek independent legal advice at their own cost from another solicitor.

      Normal Cost: $2500
      You pay only: $695

      You receive:

      One 1 hour appointment with a family lawyer;

      A written report advising you about;

      • your situation 
      • your options; 
      • likely outcomes;
      • family law issues relevant to you; and
      • an estimate of ongoing legal costs if applicable.

      As an expert team of dedicated professionals we aim to provide a friendly, family atmosphere with a reputation for timely, personalised service. Based in Geelong, practising Australia wide. 

      Reach out to us via phone or email today. [email protected] or 0429 312 986 to see if this service is a fit for you.

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      Are you responsible for a child and owed child support? If so, you aren’t alone. It’s challenging enough to be the primary caregiver without experiencing the compounding effects of being denied basic resources. Van Beveren Lawyers can provide you with effective & affordable relief to help to recover unpaid child support large or small.

       

      Child Support Collect
      If your child support is collected by Services Australia via Child Support Collect, Services Australia can use its enforcement powers to make people pay unpaid child support in the following ways:

      • withholding income;
      • enforcing tax return lodgement or intercepting tax refunds;
      • working with third parties;
      • employer or bank account deductions;
      • issuing overseas travel bans & denying passports;
      • setting liens on a property;
      • litigation;
      • prosecution;
      • reporting child support debts to credit bureaus;
      • suspending or revoking drivers, professional, occupational, and recreational licenses.

      If your child support is registered as Child Support Collect, the first place to contact is the Child Support Agency. However, Services Australia may decide not to chase a debt where the paying parent who owes the child support:

      • is incapacitated and cannot work;
      • has no assets and no income;
      • lives in a country that does not enforce Australian child support debts; or
      • the cost of chasing the debt is more than the amount of money owed.

      Private Collection
      If you have not registered your child support as Child Support Collect, or it is self-managed, then you are responsible for collecting and enforcing any unpaid child support debt yourself.

       

      Debt recovery steps
      1. Fill out our Family Law form
      Van Beveren Lawyers have a form specifically for Family Law clients to help us support you quickly and efficiently. Fill out the form to get started.

      2. Letter of demand
      Van Beveren Lawyers will draft a letter of demand addressed to the paying parent who owes the child support debt. A letter of demand sets out:

      • what debt is owed;
      • whom the debt is owed to; and
      • when it must be paid.

      Letters of demand are effective tools for letting the other party know you are taking the matter seriously and creates a window for discussions, negotiation, or for the paying parent to pay the debt in full without the need to take further legal action.

       

      3. Court proceedings
      If the paying parent who owes the child support debt does not respond to our letter we may advise initiating court proceedings.

      It is highly advisable to get competent legal advice before commencing any court proceedings. Court proceedings may be expensive and time-consuming. If you decide to proceed with a court application and you are not successful in proving your case, a court may order you to pay the costs incurred by the other party for the court proceedings, as well as being responsible for your own legal costs.

      To begin court proceedings, we will work with you to file the following documents:

      • Initiating Application (Family Law)
      • Affidavit
      • Financial Statement
      • Enforcement Warrant — Seizure & Sale of Property (if the person who owes the debt owns any personal or real property)
      • Third-Party Debt Notice (if the person who owes the debt is owed money by someone).

      These documents are witnessed by your lawyer and then filed at the Family Law Courts Registry.

      There must be four copies filed of these documents—one for the court to keep, one for your file, one to be served on the DHS and one to be served on the paying parent who owes the child support debt. The court will stamp (seal) the documents and provide a court hearing date.

       

      4. Serving documents
      We will arrange for legal service of the documents on the paying parent who owes the child support debt. ‘Service’ is a legal term used to describe giving or delivering court documents to another person in a way that satisfies the court that the person has actually received them.

      You can’t personally serve the documents yourself. We arrange a ‘process server’ on your behalf —a person who delivers or ‘serves’ documents by handing them to the person concerned.

       

      5. Enforcement
      If the debt recovery proceedings are successful, the court may make one or more of the following orders for the payment of arrears:

      • garnishment of the debtor's assets or income (Part 20.4 of the Family Law Rules 2004 & rule 25B.10 of the Federal Circuit Court Rules 2001);
      • sequestrating the debtor's estate or appointing a receiver (Part 20.5 and 20.6 FLR, & rr 25B.11 and 25B.12 FCCR);
      • for seizure and sale of the debtor's personal or real property (Rule 20.07 FLR, r 25B.13FCCR).

      The Family Law Act Part VII Division 13A provides sanctions for contravention of orders made under that Act. A court can imprison a person who contravenes a parenting order for child maintenance when they do not pay child maintenance after being ordered to do so.
      Need further advice?

      About Van Beveren Lawyers

      Van Beveren Lawyers based in Victoria provide high-quality, timely and tailored legal solutions with price certainty Australia-wide. We focus on quality services, building relationships and forging long-term partnerships. Together, we invest in your ongoing success.

       

      Our Family Law team specialise in:

      • Cohabitation Agreements
      • Financial Agreements
      • Parenting Agreements
      • Separation Plans & Divorce
      • Child Support Enforcement

      [email protected] or 0429 312 986

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      As part of many family law property settlements, property may need to change hands. Property may pass from one partner to the other, be sold, or new property bought. If you have any conveyancing concerns, Van Beveren Lawyers provide a complete fixed fee conveyancing service (plus disbursements) where we review contracts and add special provisions free of additional charge. 

       

      What's included:

      • Unlimited Pre-signing Review of Contracts
      • Drafting of up to 5 Special Conditions
      • Solicitor Handling your Purchase
      • Principal Supervising your Purchase
      • Unlimited Extensions
      • Current Title Search
      • Check Title Search
      • Survey Plan
      • Land Tax Clearance Certificate
      • Rates Balance Check
      • Special Water Meter Reading
      • Bank Cheques at Settlement

      Our quote is for whole conveyancing process, our time and expertise. Property transfers can be done entirely online via phone, post and online. There’s no need for you to come into the office. Please note that disbursements will be invoiced separately once advised. 

      Additional Services
      These are additional services not included in the conveyancing package that you may request:

      • Property Consent Orders
      • Mortgage negotiation
      • General Power of Attorney drafting / review
      • Deed of Rescission / Variation drafting / review
      • Caveat Lodgement
      • Licence Agreement drafting / review
      • Land Contract Review – Off-the-Plan property

      As an expert team of dedicated professionals we aim to provide a friendly, family atmosphere with a reputation for timely, personalised service. Based in Geelong, practising Australia wide. 

      Reach out to us via phone or email today. [email protected] or 0429 312 986 to see if this service is a fit for you. 

       
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      In the disruption to our lives that separation and divorce can cause, updating our will is often the last thing on our minds. And yet, many of us would want to change will and forget that, until we do, the old beneficiaries and powers of attorney stay in effect. 

      If you want to change who will inherit your estate or have powers of attorney for you in the case of illness, we recommend updating your will as soon as possible. Updating your will and powers of attorney, or even writing new ones, is a very simple process that only takes an hour of your time. 

      As part of our fixed price Wills and Powers of Attorney service we provide:

      • Two half hour consultations with a lawyer
      • Drafting of your will and powers of attorney covering medical, financial and guardianship decisions
      • Documents prepared and signed within 1 week or sooner
      • Final meeting to ensure that all documentation is signed correctly
      • Two certified copies of documents prepared on your behalf
      • Optional storage of your wills.

      The package includes:

      • Two 30 minute consultations
      • A standard Will
      • A standard Financial Power of Attorney
      • Appointment of Medical Treatment Decision Maker
      • Advance Care Directive
      • Statement of Wishes

      As an expert team of dedicated professionals we aim to provide a friendly, family atmosphere with a reputation for timely, personalised service. Based in Geelong, practising Australia wide. 

      Reach out to us via phone or email today. [email protected] or 0429 312 986 to see if this service is a fit for you.

      Added a product 

      In the disruption to our lives that separation and divorce can cause, updating our will is often the last thing on our minds. And yet, many of us would want to change will and forget that, until we do, the old beneficiaries and powers of attorney stay in effect. 

      If you want to change who will inherit your estate or have powers of attorney for you in the case of illness, we recommend updating your will as soon as possible. Updating your will and powers of attorney, or even writing new ones, is a very simple process that only takes an hour of your time. 

      As part of our fixed price Wills and Powers of Attorney service we provide:

      • Two half hour consultations with a lawyer
      • Drafting of your will and powers of attorney covering medical, financial and guardianship decisions
      • Documents prepared and signed within 1 week or sooner
      • Final meeting to ensure that all documentation is signed correctly
      • Two certified copies of documents prepared on your behalf
      • Optional storage of your wills.

      The package includes:

      • Two 30 minute consultations
      • A standard Will
      • A standard Financial Power of Attorney
      • Appointment of Medical Treatment Decision Maker
      • Advance Care Directive
      • Statement of Wishes

      As an expert team of dedicated professionals we aim to provide a friendly, family atmosphere with a reputation for timely, personalised service. Based in Geelong, practising Australia wide. 

      Reach out to us via phone or email today. [email protected] or 0429 312 986 to see if this service is a fit for you. 

      Added a product 

      As part of many family law property settlements, property may need to change hands. Property may pass from one partner to the other, be sold, or new property bought. If you have any conveyancing concerns, Van Beveren Lawyers provide a complete fixed fee conveyancing service (plus disbursements) where we review contracts and add special provisions free of additional charge. 

       

      What's included:

      • Unlimited Pre-signing Review of Contracts
      • Drafting of up to 5 Special Conditions
      • Solicitor Handling your Purchase
      • Principal Supervising your Purchase
      • Unlimited Extensions
      • Current Title Search
      • Check Title Search
      • Survey Plan
      • Land Tax Clearance Certificate
      • Rates Balance Check
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      Our quote is for whole conveyancing process, not just our time and expertise. Property transfers can be done entirely online via phone, post and online. There’s no need for you to come into the office. Please note that disbursements will be invoiced separately once advised. 

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      These are additional services not included in the conveyancing package that you may request:

      • Property Consent Orders
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      As an expert team of dedicated professionals we aim to provide a friendly, family atmosphere with a reputation for timely, personalised service. Based in Geelong, practising Australia wide. 

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      Added a Digest 

      Warnell & Allenby & Anor [2020] FCCA 2517 (9 September 2020)  

      This case involves a parenting proceeding commenced by the mother where she seeks the court to rule that the video recording presented by the father is inadmissible as evidence  

      Facts:  

      The parenting arrangements for X are the subject of dispute, with urgent proceedings having been commenced by the mother.  

      On 27 June 2020, when the mother alleges that the father attended her residence and “kidnaped” X. In particular the mother asserts: (1) The father attended the home in the presence of his 14 year old child B and a friend called Mr K and (2) The father made threats to kill the mother, and physically assaulted her, including pulling her hair and placing his hand over her mouth so that she had difficulty breathing.  

      The evidence that the father wishes to rely on is a video recording of the events that unfolded on 27 June 2020. The recording was taken by the father’s 14 year-old child B on his mobile telephone during the altercation. The father asserts that the recording was made available to him by the police who confiscated B’s mobile telephone and retrieved the recording.  

      The mother pursues an objection asserting that the recording was illegally obtained by child B relying on s138 of the Evidence Act 1995 under the heading “Discretion to exclude improperly or illegally obtained evidence”.   

      Issue:  

      Is the video recording taken during the altercation admissible as evidence in a parenting proceeding?  

      Law:  

      • S135 of the Evidence Act- the court may refuse evidence if its probative value is substantially outweighed by the danger that the evidence might:  
      1. Be unfairly prejudicial to a party; or 
      2. Be misleading or confusing; or  
      3. Cause or result in undue waste of time  

      Analysis:  

      From the mother’s perspective, an acknowledgement was made that the recording has probative value given it was a recording of an altercation between the parents in the presence of the child and resulting in not only the mother facing charges of aggravated assault but also an intervention order.  

      The mother however asserts effectively that the probative value is outweighed because it is only a partial recording of the incident and the father is not on oath as to the motivations for the recording; which the court would have to assume fits within subsection (a) and (b) of s135 of the Evidence Act.  

      Again however, the court has difficulty with this submission in circumstances where: 1. The mother has not made any enquiries as to whether additional recordings exist from that day; 2. The mother is not on oath as to those matters that she asserts the recording does not include and it is not clear to me because the court has not seen the recording what portion of the incident is contained in the recording. 

      Conclusion: That the oral application by the mother to exclude the video recording taken on 27 June 2020 be dismissed. 

       

       

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