MCG Legal    Articles

Child Custody & Parenting Disputes

Many relationship breakdowns involve children – which leaves the question, “How will the children spend time with their mother and father post separation?”.  The paramount consideration in all disputes involving children is the concept of the “child’s best interestsR...

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DNA Testing & Paternity

A relationship breakdown involving children can occasionally raise questions about the paternity of the child.  Ultimately DNA testing will determine beyond any reasonable doubt who the child’s parents are, but other matters are taken into account before that DNA test is conducted. A child bor...

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Grandparents Rights to See Grandchildren

A relationship breakdown involving children not only affects the parents directly involved, but often the extended family members such as grandparents. The Family Law Act 1975 (“the legislation”) supports the generally held view that children should be entitled to have a relationship with their g...

Read More

Child Support Agreements

A written agreement between parents or carers of children about the payments to be made in support their children is called a child support agreement.  Child support can be made in all sorts of ways, e.g. direct payment of a set amount to one of the parents/carers into their nominated bank account e...

Read More

Child Location and Recovery Applications

Some post separation parenting disputes involve the removal of children from their geographical location. Changing a child’s living arrangements, such that it makes it significantly more difficult for the child to spend time with a parent is a major change in a child’s life and something ...

Read More

Pre Relationship Binding Financial Agreements

It is possible for two parties about to enter into a relationship to enter into a legally binding financial agreement which details how “pre-relationship assets” and “matrimonial assets” will be divided in the event of separation. It is important that both parties entering int...

Read More

Consent Orders & Separation Agreements

Your relationship has broken down and like many couples you have accumulated assets during that relationship.  You can agree on how your property should be divided without any court intervention and the most effective way to distribute the matrimonial assets is through one of the following legal ag...

Read More

Child Relocation Disputes

Parenting disputes involving the relocation of a child or children of a relationship are relatively common and always controversial. Recent legal developments result in the establishment of the following legal principle:- “Where a parent of a child or children is seeking an order from the court per...

Read More

Family Mediation Services

Mediation is a process in which parties to a dispute, with the assistance of a neutral third party (the mediator), identify the disputed issues, develop options, consider alternatives and endeavour to reach an agreement. The mediator has no authority to bind participants to a negotiated agreement, bu...

Read More

Spousal Maintenance

One party to a marriage (read into this de facto) is liable to maintain the other party to the marriage if the other party is unable to support themself adequately and to the extent the first party is reasonably able to do so. Before making any spousal maintenance orders a court must consider what pr...

Read More

Resolving Financial Matters in Family Law

In resolving property matters arising from the breakdown of either a marriage or a de-facto relationship, the Family Law Court and the Federal Circuit Court of Australia have jurisdiction to resolve these matters pursuant to the Family Law Act 1975. With regard to de-facto relationships, there are a...

Read More

Copyright Law for New Business Owners | Gold Coast

5 When starting a new business, Copyright Law and its associated protections are probably the furthest considerations from your mind. After all, you’re not writing a novel, directing a movie or producing new music. So, the most obvious question is: “What is Copyright Law and how does it affect m...

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When is the Best Time to Review Your Will?

Many people believe a Will is a once and forever document. Unfortunately, this is not the case. Your Will should reflect your wishes which may change during your lifetime. There are several significant life events which coincide with the time to revise your Will. Read on to discover which life event...

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Why You Need A Good Family Lawyer | Gold Coast

When separating from your partner resolving both children’s and financial matters and even organising a divorce, it is important to get good legal advice. Family Law is a complex area of law and you should engage legal representation. It is important to engage legal representation you can trust. R...

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8 Things To Consider Before Buying a Home | Gold Coast

Purchasing property is often the most significant purchase you will make.  If you are purchasing property for the first time, this can be a very daunting experience.  We have prepared the following tips to make moving into your dream home much easier. Very few lenders will offer a mortgage if there...

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Helping Children Cope With Divorce

It’s a sad fact that almost half of all marriages end in divorce. To complicate the situation even further, many of these couples have children. During the divorce process, couples are preoccupied with property and financial division. The children’s emotional and physical well-being can some...

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The Difference Between A Will & Estate Planning

Most people believe a legal Will adequately covers this and while it’s essential, a Will is only part of the process. Estate planning covers every facet of the distribution of your estate following your death. A Will is a legally binding document that details your wishes regarding the dist...

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Driving Under the Influence, Know Your Limits

It’s summer, which for many means party season. Before you decide that you are probably OK to drive, it is better to know the facts. Being under the influence of alcohol effects your body and mind.  Your perception is compromised as is your judgment. This affects your driving ability as you will n...

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Intestacy - Dying Without A Will

The complexities surrounding Wills and Probate can be difficult to anyone other than a highly trained lawyer. These complexities combined with the uncomfortable feelings often associated with making a Will, all combine to make it an unpleasant task which people tend to avoid. Our intent is not to con...

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Conveyancing: Obtaining Legal Advice

By Matt Gill It has become normal practice on the Gold Coast when purchasing or selling property, that contracts are often signed by the buyer and seller prior to obtaining legal advice from a qualified conveyancing lawyer. Personally I think this occurs for one of the following reasons: Because of...

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Domestic & Family Violence Protection Act

The concept of “domestic violence” is not new, however the formulation of a system of rules governing how you can behave in a domestic relationship is. It has never been OK to be physically or emotionally abused by your spouse. However, legislators in times gone by resisted intervening in dome...

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Family Law Legal Fees & Hogan Order

By Matt Gill Generally speaking the Family Court of Australia and the Federal Circuit Court of Australia subscribe to the mantra that each party shall bear their own costs of proceedings. A common concern of a lot of people is how they pay their legal representatives if one of the parties to the rela...

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Surrogacy Family Lawyers

Are you considering having a child through surrogacy or have you yourself been asked to be a surrogate mother? If the answer is yes, it is extremely important that you know your legal rights around surrogacy in Australia. Surrogacy is a method of assisted reproduction that helps people start a famil...

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Recent Articles

Child Custody & Parenting Disputes

Many relationship breakdowns involve children – which leaves the question, “How will the children spend time with their mother and father post separation?”.  The paramount consideration in all disputes involving children is the concept of the “child’s best interestsR...

Read More

DNA Testing & Paternity

A relationship breakdown involving children can occasionally raise questions about the paternity of the child.  Ultimately DNA testing will determine beyond any reasonable doubt who the child’s parents are, but other matters are taken into account before that DNA test is conducted. A child bor...

Read More

Grandparents Rights to See Grandchildren

A relationship breakdown involving children not only affects the parents directly involved, but often the extended family members such as grandparents. The Family Law Act 1975 (“the legislation”) supports the generally held view that children should be entitled to have a relationship with their g...

Read More

Child Support Agreements

A written agreement between parents or carers of children about the payments to be made in support their children is called a child support agreement.  Child support can be made in all sorts of ways, e.g. direct payment of a set amount to one of the parents/carers into their nominated bank account e...

Read More

Child Location and Recovery Applications

Some post separation parenting disputes involve the removal of children from their geographical location. Changing a child’s living arrangements, such that it makes it significantly more difficult for the child to spend time with a parent is a major change in a child’s life and something ...

Read More

Pre Relationship Binding Financial Agreements

It is possible for two parties about to enter into a relationship to enter into a legally binding financial agreement which details how “pre-relationship assets” and “matrimonial assets” will be divided in the event of separation. It is important that both parties entering int...

Read More

Consent Orders & Separation Agreements

Your relationship has broken down and like many couples you have accumulated assets during that relationship.  You can agree on how your property should be divided without any court intervention and the most effective way to distribute the matrimonial assets is through one of the following legal ag...

Read More

Child Relocation Disputes

Parenting disputes involving the relocation of a child or children of a relationship are relatively common and always controversial. Recent legal developments result in the establishment of the following legal principle:- “Where a parent of a child or children is seeking an order from the court per...

Read More

Family Mediation Services

Mediation is a process in which parties to a dispute, with the assistance of a neutral third party (the mediator), identify the disputed issues, develop options, consider alternatives and endeavour to reach an agreement. The mediator has no authority to bind participants to a negotiated agreement, bu...

Read More

Spousal Maintenance

One party to a marriage (read into this de facto) is liable to maintain the other party to the marriage if the other party is unable to support themself adequately and to the extent the first party is reasonably able to do so. Before making any spousal maintenance orders a court must consider what pr...

Read More

Property Settlements - for both married and de facto relationships

Sadly, not all relationships last. Many couples are able to successfully negotiate the division of their assets and care of their children without legal intervention. But, there are some who cannot and that’s where we get involved. This article will explain the general court processes and the...

Read More

Resolving Financial Matters in Family Law

In resolving property matters arising from the breakdown of either a marriage or a de-facto relationship, the Family Law Court and the Federal Circuit Court of Australia have jurisdiction to resolve these matters pursuant to the Family Law Act 1975. With regard to de-facto relationships, there are a...

Read More