Brookwater Legal in Augustine Heights | Divorce & Family Lawyer

Brookwater Legal

Locality: Augustine Heights

Phone: +61 7 3437 8555

Address: Suite 9F, 118 Augusta Parkway 4300 Augustine Heights, QLD, Australia

Website: http://www.brookwaterlegal.com.au/

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• Divorce & Family Lawyer

24.01.2022 COVID 19 UPDATE Brookwater Legals office will remain open for the foreseeable future, and we will continue to take appointments. If you need to speak with us and cannot come in to see us, we have Skype, Facetime and phone conference facilities. If you are about to sign a contract for the sale or purchase of a property, we are registered for electronic conveyancing. Therefore, in order to address the risk of a delayed settlement, we would encourage all clients to instruct the real estate agent to specify on the contract that the conveyance settles electronically.

24.01.2022 Impact of COVID-19 on property conveyancing - Is it an Act of Nature? We expect that COVID-19 will impact on buyers and sellers and their ability to perform certain requirements under the contract on time. It may also impact on banks, solicitors and settlement agents. The REIQ contract for house and land (cl. 6.2) provides for a suspension of time when a party is unable to perform a Settlement Obligation solely as a consequence of a Delay Event. This means that time cease...s to be of the essence and there is no breach of the Settlement Obligation. Once the affected party gives notice that they can now settle, time once again becomes of the essence. However, a Delay Event is only one of the following: 1. Tsunami, flood, cyclone, earthquake, bushfire or other act of nature; 2. Riot, civil commotion, war, invasion or a terrorist act; 3. An imminent threat of an event in points 1 or 2 above; or 4. Compliance with any lawful direction or order by a Government Agency. Therefore, it is possible that an enforced lock down by, say, the Queensland Government could set the conditions for a delay event under the REIQ contract under point 4 above. Nevertheless, at this stage we do not see that the conditions currently exist for settlements to be delayed under clause 6.2. However, individual cases will vary, and special conditions may have been agreed between the parties that override the standard terms.

24.01.2022 COVID 19 UPDATE Brookwater Legal's office will remain open for the foreseeable future, and we will continue to take appointments. If you need to speak with us and cannot come in to see us, we have Skype, Facetime and phone conference facilities. If you are about to sign a contract for the sale or purchase of a property, we are registered for electronic conveyancing. Therefore, in order to address the risk of a delayed settlement, we would encourage all clients to instruct the real estate agent to specify on the contract that the conveyance settles electronically.

24.01.2022 There has been a lot of debate and speculation about this latest inquiry into the family law system over the last couple of days. Lots of people are forming opinions without really knowing the facts. For those of you who are interested in the facts, feel free to browse through the following links to the Dec 17 Senate Committee Report, the Apr 19 ALRC Report and the Prime Ministers media statement and terms of reference. Dec 2017 Senate Committee Report: https://www.aph.gov....au//Social_Policy_a/FVlawreform/Report Apr 19 ALRC Report: https://www.alrc.gov.au//family-law-inquiry-final-report-/ Prime Minsiters media release: https://www.pm.gov.au//joint-parliamentary-inquiry-family-

23.01.2022 Melbourne is the city they are referring to. However, apparently Brisbane also comes quite high on the list as well.

23.01.2022 Here are the Qld Chief Health Officers official directives on todays easing of restrictions and gatherings. https://www.health.qld.gov.au//cho-public-health-direction

21.01.2022 Can I force my staff to take annual leave during COVID-19 shut-down? At the moment a lot of businesses are facing a steep decline in business and they want to manage their staffing. One option is to direct your employees to take their accrued annual leave. Every situation is different and it will depend on the relevant Award, any registered agreement or employment contract. However, as a general statement, the Fair Work Ombudsmans view is that staff can be directed to take ...annual leave when: 1. the Award or registered agreement allows it; and 2. it is reasonable. If there is no Award or registered agreement applicable (which is rare for employees unless they are professionals or management), then it only needs to be reasonable. The Fair Work Ombudsman states that a requirement may be reasonable if, for example: 1. the employee has an excessive leave balance; or 2. the employers business is being shut down for a period. As always, factors such as notice given, previous agreements or arrangements and timing of the decision will dictate how reasonable it is.

21.01.2022 Brookwater Legal is proud to announce the admission of Shannon O'Connor as a solicitor of the Supreme Court of Queensland. Shannon has worked for us as a paralegal for a couple of years and we are thrilled she will continue with us as a solicitor.

21.01.2022 Lets hope the government can provide some stimulus for the new home construction industry which is so important for Greater Springfield and Brisbane west in general.

19.01.2022 Important announcement on office hours due to COVID-19 In order to comply with government health recommendations we will be closing our physical office effective from 5.00pm today 27 March 2020. Please be assured that all of our staff will continue to be contactable by our usual phone number and by their usual email addresses and will all be working remotely. We anticipate only minor disruption. Our IT and communications systems place us in a unique position to provide services remotely with little disruption. We wish to avoid face to face appointments, but we can take them by prior arrangement between the hours of 1.00pm and 5.00pm Monday to Friday. We will require that all visitors to our office comply with government preventative requirements set out here: https://www.health.gov.au//novel-coronavirus-2019-ncov-hea

17.01.2022 ADF Home Purchase or Sale Expense Allowance (HPSEA), under Ch 7, Pt 3 of PACMAN Tell us your experience with this scheme. It is supposed to provide eligible members with a reimbursement of their reasonable costs when they buy or sell their house at their posting location. I was hoping to get some feedback on what has been considered reasonable costs as well has what has not been approved, and why. This will help us have a better understanding of what types of buying expen...ses are generally approved and what are not. For example, I recently had a client who had a claim for home staging not approved as it was not considered a necessary step in selling the house.

16.01.2022 As we do every September, this year we are raising funds for Mates4Mates. This year we will donate $20 for every new matter in the month of September. We hope to raise over $1,000 for this great cause. You can also support this fundraiser by sharing this post with anyone you think is needing a solicitor, or by going to our fundraiser page on the Mates4Mates fund raiser web page here: https://www.supportmates4mates.org/fundraisers/dalehooper and donating directly. Lets try to raise some much needed funds for those who have been impacted by their service to our country!

16.01.2022 After week 1 of our fund raiser we are well on our way. $20 for each file we open in September goes to Mates4Mates! If you would like to support the fundraiser you can also donate directly on our fundraiser web page here: https://www.supportmates4mates.org/fundraisers/dalehooper

16.01.2022 A Canadian court heard an urgent parenting matter since the COVID 19 measures were put in place. Although COVID 19 has put a hold on most peoples lives, the court identifies that it is in the best interests of the child to maintain a relationship with both parents. Parents should be aware of the legal risk of unreasonably suspending time with another parent, subject to any necessary modifications to stay compliant with the current COVID 19 measures.

15.01.2022 Thanks to PEXA for the cupcakes in celebration of 100 PEXA electronic paperless settlements. We've done hundreds the old way and will take PEXA any time. If you are buying or selling a property this weekend, tell the agent you want to settle electronically. It is so much easier and potentially more secure than the old fashioned paper settlements.

15.01.2022 A win for big property developers and a lose for sustainable housing? Home owner forced to relocate solar panels to inefficient side of house by developer due to street appeal. A recent Qld Court of Appeal decision has ruled that a developer was allowed to prevent a home owner from having solar panels on the best side of the house for efficiency because it affected the external appearance of the house. In the case of Bettson Properties Pty Ltd v Tyler, the home owner lived in... a development which had building covenants, including a covenant which required the developers approval for the installation of solar panels. The home owner installed the panels on part of the roof visible form the street, for best efficiency. The developer demanded their removal and installation on a side of the house which would make them 20% less efficient. The home owner refused - saying that the Building Act stated that the rule could not be enforced. The Building Act states: The entity can not withhold consent merely to enhance or preserve the external appearance of the building, if withholding the consent prevents a person from installing a solar hot water system or photovoltaic cells on the roof or other external surface of the building The developer appealed the initial judgement which ruled in favour of the home owner and said that a building covenant could not be enforced where enforcing the covenant would hinder or impeded a person from installing solar panels. The Court of Appeal said that making the home owner relocate the panels to a less efficient side of the house did not prevent them from installing the panels because it did not make it impossible or impracticable - it merely made it less efficient. It will be interesting to see if the Qld government is prepared to amend the legislation to ensure home owners are not forced to install solar systems in an inefficient manner simply due to aesthetics.

14.01.2022 As flagged in a previous post - the HomeBuilder grant has now been announced. Here is the link to the fact sheet for the HomeBuilder payment published by the Commonwealth Treasury yesterday. https://treasury.gov.au/coronavirus/homebuilder

14.01.2022 We love to contribute to the community and host local work experience students to introduce them to the legal field.

13.01.2022 Recently the team of Brookwater Legal participated in a team bonding activity held by Peaceful Palette. It was a great night getting in touch with our artsy side.

13.01.2022 Good news for those elligible for the HomeBuilder grant.

13.01.2022 Impact of COVID-19 on property conveyancing - Is it an 'Act of Nature'? We expect that COVID-19 will impact on buyers and sellers and their ability to perform certain requirements under the contract on time. It may also impact on banks, solicitors and settlement agents. The REIQ contract for house and land (cl. 6.2) provides for a suspension of time when a party is unable to perform a Settlement Obligation solely as a consequence of a Delay Event. This means that time cease...s to be of the essence and there is no breach of the Settlement Obligation. Once the affected party gives notice that they can now settle, time once again becomes of the essence. However, a Delay Event is only one of the following: 1. Tsunami, flood, cyclone, earthquake, bushfire or other act of nature; 2. Riot, civil commotion, war, invasion or a terrorist act; 3. An imminent threat of an event in points 1 or 2 above; or 4. Compliance with any lawful direction or order by a Government Agency. Therefore, it is possible that an enforced lock down by, say, the Queensland Government could set the conditions for a delay event under the REIQ contract under point 4 above. Nevertheless, at this stage we do not see that the conditions currently exist for settlements to be delayed under clause 6.2. However, individual cases will vary, and special conditions may have been agreed between the parties that override the standard terms.

12.01.2022 https://www.health.qld.gov.au//95/home-confinement-qas.pdf Qld eases restrictions! This QLD Health Department guide with FAQs included is probably the most helpful and definitive source of information on today's announced easing of restrictions.

12.01.2022 Thanks to everyone who supported our annual Mates4Mates fundraiser. With our donation and other donations made directly to our supporter page, we managed to raise over $1,500!!! Did you know that Mates4Mates not only support current and former ADF members impacted by their service, but also their family? And they do all this without regular Commonwealth funding - relying mostly on funding from the RSL and from you and I.

09.01.2022 Parents should not use Covid-19 as a reason to withhold children from the other parent. On Thursday our family lawyer Amanda Kent appeared in the Federal Circuit Court of Australia. Amanda represented a client who was seeking the return of the children in circumstances where the other parent was withholding the children and would not return them due to concerns relating to Covid-19. The court ordered that the children were to be delivered to our client that afternoon. The court was clear: parents are not to use Covid-19 as a reason to withhold children. Each case is different, but if you need advice regarding parenting arrangements during Covid-19 you can contact Brookwater Legal on phone (07) 34378555 or email [email protected].

09.01.2022 A good reminder to only take advice from someone who does not make any personal gain or commission from the advice.

09.01.2022 We have a new website! Please check us out at www.brookwaterlegal.com.au

09.01.2022 https://www.health.qld.gov.au//95/home-confinement-qas.pdf Qld eases restrictions! This QLD Health Department guide with FAQs included is probably the most helpful and definitive source of information on todays announced easing of restrictions.

09.01.2022 Our Mates4Mates fundraiser has already reached its goal! Thanks to everyone who chose Brookwater Legal during the month of September and who, therefore contributed to a great cause. The fundraiser continues until the end of September. For every new matter we will add $20 to the total. I wonder, can we get to $1,500?

08.01.2022 This article in the Financial Review states that the eviction freeze also applies to commercial leases. No details have been released yet though.

08.01.2022 Dale and Jess are presenting at Aussie Springfield for a First Home Buyer Seminar. Hope to see you there!

07.01.2022 Brookwater Legal's newest addition to the office. Just in time for shutdown of cafes!

07.01.2022 Brookwater Legal is proud to announce the admission of Shannon OConnor as a solicitor of the Supreme Court of Queensland. Shannon has worked for us as a paralegal for a couple of years and we are thrilled she will continue with us as a solicitor.

06.01.2022 Parents should not use Covid-19 as a reason to withhold children from the other parent. On Thursday our family lawyer Amanda Kent appeared in the Federal Circuit Court of Australia. Amanda represented a client who was seeking the return of the children in circumstances where the other parent was withholding the children and would not return them due to concerns relating to Covid-19. The court ordered that the children were to be delivered to our client that afternoon. The court was clear: parents are not to use Covid-19 as a reason to withhold children. Each case is different, but if you need advice regarding parenting arrangements during Covid-19 you can contact Brookwater Legal on phone (07) 34378555 or email [email protected].

06.01.2022 The Mandatory Commercial Leasing Code of Conduct was released by the PM yesterday. Here is the link to the code. It requires enactment by the Qld govt. However, tenants who may be eligible are urged to seek written assurance from their lessor that the principles will be applied immediately. https://www.pm.gov.au/me/update-coronavirus-measures-070420

06.01.2022 Brookwater Legal is proud to announce our law clerk Suvradip Maitra has been asked to present his paper "Artificial Intelligence and Indigenous Perspectives: Protecting and Empowering Intelligent Human Beings" in New York at the Artificial Intelligence and Ethics Society Conference next month. Suvradip wrote the paper while on exchange at the University of Copenhagen last year. Have fun in the Big Apple Suvi!

06.01.2022 In a recent case where a mother unilaterally relocated a child, the fathers application for urgent orders to spend time with the child failed because he had not first attempted mediation. We have set out the facts of the case below. When do I have to attend Family Dispute Resolution (mediation) prior to filing an application for parenting orders and when it is exempt? The Family Law Act requires parties to make a genuine attempt to resolve parenting disputes prior to filin...Continue reading

05.01.2022 Our annual Mates4Mates promotion has started. $20 dollars donated for every matter we open in September. On our way to our goal amount already. Thank you to those who have donated directly through the fundraising page here https://www.supportmates4mates.org/fundraisers/dalehooper and to those who have chosen Brookwater Legal for their legal matter.

05.01.2022 There is a lot of confusion and misinformation about the restrictions in place in Qld and what you can do this Easter weekend. Here is the official Public Health Order which is enforceable by up to 100 penalty units (over $13,000). https://www.health.qld.gov.au//home-confinement-movement-g

04.01.2022 Brookwater Legals newest addition to the office. Just in time for shutdown of cafes!

04.01.2022 Brisbane (0.1%) and Canberra (1.0%) were the only other two capital cities with positive growth for September. Perth and Hobart are still struggling. Brisbanes quarterly growth for Q1 of the financial year was 0.5%. I wonder what the Ipswich and Greater Springfield figures are?

04.01.2022 Thanks to all who supported our Mates4Mates fundraiser for September. With your support we managed to raise $820. We will try to crack $1,000 same time next year. Feel free to visit our website for our ADF member fee policy: https://www.brookwaterlegal.com.au/adf-members/

03.01.2022 Thanks to PEXA for the cupcakes in celebration of 100 PEXA electronic paperless settlements. Weve done hundreds the old way and will take PEXA any time. If you are buying or selling a property this weekend, tell the agent you want to settle electronically. It is so much easier and potentially more secure than the old fashioned paper settlements.

02.01.2022 Love to feel appreciated by our clients!

02.01.2022 Here are the Qld Chief Health Officer's official directives on today's easing of restrictions and gatherings. https://www.health.qld.gov.au//cho-public-health-direction

01.01.2022 Brookwater Legal offers Fixed Fee Family Law Mediation (also called Family Dispute Resolution). Mediation intake $220 (incl GST) o Intake session prior to inviting the other party and two attempts to engage the other party. o Includes issue of s.60I Certificate if the other party will not attend.... Mediation day $1,200 (incl GST) o Parenting or Financial issues o Morning/afternoon tea o Free use of Brookwater Legal Mediation rooms o Fee includes 4 hours plus one hour of preparation time (including intakes). Mediation full day $2,400 (incl GST) o Parenting or Financial issues o Lunch and snacks provided o Free use of Brookwater Legal Mediation rooms o Fee includes 8 hours plus one hour of preparation time (including intakes o 9 am to 4 pm or 10 am to 5 pm. We offer mediation on Saturday or Sunday there is an additional fee of $220 (incl GST). See more

01.01.2022 Happy to support local schools.

01.01.2022 Thanks to Strategic Business & Accounting Solutions and John Collins PGA Professional for a great day at Brookwater for the Farmers Fund Raiser.

01.01.2022 Self representation potentially made more difficult with changes to the Family Law Act. Personal cross examination will no longer permitted in Family Law proceedings where there are allegations of Family Violence and the party is not represented by a lawyer. As a result of the passing of the Family Law Amendment (Family Violence and Cross Examination of Parties) Act 2018, alleged perpetrators of family violence will no longer be able to directly cross-examine their victims.... From the 11th of September 2019, personal cross examination will be banned in family law proceedings in certain circumstances where there are allegations of family violence. The ban will be automatically applied where: Either party has been convicted of, or is charged with, an offence involving violence, or a threat of violence, to the other party; A family violence order (other than an interim order) applies to both parties; or An injunction for the personal protection of a party has been ordered against the other party under ss 69B or 114 of the Family Law Act 1976 (Cth). Where the ban applies, only lawyers can conduct cross-examination - of each party. Parties therefore need to retain their own lawyer or seek legal representation under the Commonwealth Family Violence and Cross-examination of Parties Scheme (the Scheme). The Scheme has been developed to prevent direct cross-examination by an alleged perpetrator which could expose victims of family violence to re-traumatisation and affect their ability to give evidence. Access to the Scheme is neither means or merit tested, but parties may be asked to contribute to the cost of the legal representation depending on their capacity to pay. For more information see: http://www.federalcircuitcourt.gov.au//f/cross-examination

01.01.2022 Brookwater Legal is proud to support the Currumbin Wildlife Hospital. Our donation will go towards the planting of 10 Eucalyptus trees to help feed not only all the Koalas taken into care from the recent bushfires, but also Koalas in the years to come.