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The law in Queensland and Australia provides that when a file is costed, an allowance can be made for general care and consideration. Care and consideration is an amount allowed in addition to set fees, which compensates for work done, for which the scale doesn’t adequately provide given the nature or complexity of a matter. It compensates, for example:
- For multiple drafts of complex documents/letters;
- For re reading your file before a conference with you or before court;
- For inter office conferences where a number of solicitors meet to discuss the way forward on your file.
Family law is not a straightforward area of law. It is a complex and specialised area. The knowledge and experience gained by our family lawyers enables them to apply their skill and knowledge to unique matters. As a guide, the court has considered an allocation of 15% to 35% is fair and reasonable fee for care and consideration.
Care and consideration at Pippa Colman & Associates
As a matter of course, at Pippa Colman & Associates, unless your matter is particularly complex, we charge 10% for care and consideration. Care and consideration would not be appropriate for routine tasks requiring basic skills expected of a lawyer and those that could be performed by a paralegal or clerk.
At Pippa Colman & Associates we engage Queensland Independent Costing Services (QICS) to cost our files. It is fair to us and fair to our clients. Care and consideration is not automatic, it is discretionary and if there is a dispute, the decision as to whether or not it is allowed rests upon the cost assessor. If QICS need to make a decision regarding what to charge you, QICS will always favour you, the client, rather than us.
If after reading this factsheet you have further queries please contact your solicitor or our Accounts Manager.
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Today millions of people are using social networking sites such as Facebook, Myspace, Twitter and Linkedin and almost every person has a mobile phone.
We are getting very relaxed about what we post on the internet and send in text messages.
The reality is that anything you post online or send in a text message can be retrieved at a later date, even if you delete it.
It is becoming common for parties to present copies of text messages, Facebook profiles and emails to the Court as evidence for use in family law proceedings.
The court can and has been accepting these items into evidence.
What you think is a harmless message or photo may be misinterpreted. This can seriously affect your credibility in Court.
Our Advice:
- If you would not be comfortable with a Judge reading it, do not text, email, blog, tweet, post or message it.
- Avoid social networking sites until after your family law matter is finalised.
- If you must participate in social networking sites make sure you set your profile settings to private.
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Dear Clients, Colleagues and Friends,
As mentioned in our Flood-related Dialogue email, our lawyers have prepared some articles regarding some of the legal issues that may arise for flood effected people and business owners.
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As summer draws to a close for 2011, many parts of Australia are experiencing wild weather and extreme conditions. Given this, we take a look at how the recent natural disasters may impact on you and our economy. Performance in the property market is a mixed bag and we discuss the pros and cons of different investment options and how to spot the next growth suburb. Establishing a Self Managed Superfund to help fuel your investment plans is our final topic for this month and as always if you have any questions we look forward to hearing from you.
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Our Green Initiative
We have adopted the green initiatives used by the Queensland Law Society. By doing this, we seek to incorporate environmentally sustainable green practices in our operations and activities. With this initiative, we hope to inspire our clients and friends to institute similar methods in their own organisations so that together we can make a significant difference.
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What is a surrogacy arrangement? Who can enter into a surrogacy arrangement? Is a surrogacy arrangement enforceable? What is involved in a parenting order? What is a medical or social need? Principles of the Act More information
New surrogacy laws came into effect in Queensland on 1 June 2010 - Surrogacy Act 2010 (Qld) ("the Act"). Under the Act it is now legal for altruistic surrogacy arrangements (that is, non-commercial arrangements) to be made in Queensland. The Act also enables the court to transfer the parentage of a child born as a result of a surrogacy arrangement. The new laws apply to everyone regardless of gender, relationship status or sexuality.
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The court, when considering a property settlement for parties who are married/divorce or couples who have been in a de facto relationship of two or more years duration or who have made significant financial contributions to each other if their relationship was of shorter duration, provided the de facto couple separated on or after 1 March 2009, adopts a four step process: -
- It identifies and values the property of the parties;
- It considers the past contributions of the parties both financial and non-financial which caused the property pool which exists to have come into being;
- Relevant Section 75(2) factors;
- How to divide the property pool in a manner which is fair to both parties.
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A party can seek an Order that they occupy a home and that the other spouse be excluded. These Orders can be obtained as an injunction under the Family Law Act and also as an additional Order when a Domestic Violence Order is obtained.
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A Domestic Violence Order may be obtained if the Aggrieved spouse is able to convince a court that: -
- There has been a history of domestic violence;
- It is likely that an act of domestic violence will be repeated in the future.
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