Finding yourself in a legal dispute can be extremely confusing and stressful. Our expert team will work hard to resolve your matter and make the process as smooth as possible for you.
Going through a divorce or separation can be such a challenging and emotional time in anyone’s life. Our Family Law team offer a combination of professionalism and sensitivity to help you through this phase of your life, including support with the settlement of property and custody of children.
We can provide you with expert advice on a range of Family Law matters including:
In Australia, we have a no-fault divorce system, meaning that you do not have to show that the breakdown of your marriage was caused by either party. All you need to show to the court is that you have been separated from your spouse for a period of 12 months and that there is no possibility of reconciliation (there are some exceptions where the marriage was less than 2 years, and we can talk you through those exceptions if applicable to you).
Being separated from your spouse does not mean that you have to live apart; you can be separated from your spouse and still live under the same roof. You do need to show to a court that despite living under the same roof you are living separate lives.
Mahony’s Lawyers will assist you in preparing all the necessary court documents and serving them (if required) upon your spouse. We take the stress out of a divorce by handling all the paperwork for you and making the process of divorce and separation as smooth as possible.
Property settlement involves dividing up the property of the marriage/de facto relationship and is separate to the divorce proceedings. Property includes items such as a house, car, boat, furniture and effects, savings in bank, shares, superannuation, potential compensation claims and debts.
Property settlement can occur:
It is recommended that you prepare an outline of what property you and your former partner have at the date of separation and estimate the values of each item and debt. This will form a rough asset pool and will assist in working through the division of the property. We will work with you to ascertain the amount of property we are dealing with to work out the division of the property to each spouse. You may wish to speak with your former spouse about the division of the property to agree on the value of the property and the asset pool as this will make the division of the property quicker and easier for each spouse.
If an agreement is reached during mediation you should obtain independent legal advice to ensure that you are aware of your entitlements and obligations.
If you have been divorced, you have 12 months from the date of the divorce being finalised to apply to the Family Law Courts for a property settlement. For a de-facto relationship, there is a two-year time limit from the date of separation which applies. Extensions of time can be granted.
If there is conflict between parents regarding who the children will live with, mediation at a community-based centre is appropriate. Mediation can often assist parties to reach a final outcome regarding parenting issues. In the event that parents cannot come to an agreement regarding care arrangements and parental responsibility, parents will be supplied with a certificate confirming that they attempted mediation however it was not successful. Once this certificate is obtained, either parent can apply to the Court for orders in respect of children’s matters.
At Mahony’s, our team is experienced in assisting with mediation as well as helping our clients apply for custody through the Court. Get in touch today to find out more.
When spouses separate, it is important to keep things as smooth as possible to alleviate stress, particularly on children.
Mahony’s Lawyers will help guide you through this. We understand these times can be extremely difficult on all family members and we understand the need to resolve matters as soon as possible. Please consider that it is in the interests of the children to spend regular time with both parents and extended family including grandparents. If you have difficulty in talking to your former spouse about the short- and long-term arrangements for your children, we can help you.
If you reach an agreement with your former spouse about the arrangement for your children, then you should have this agreement drafted and filed with the Family Court as Consent Orders to ensure that the agreement is enforced. We will help you create and submit this paperwork. If you cannot reach an agreement with your former spouse or if there are issues of domestic violence, you can apply to the Family Court to assist you in determining the suitable arrangements (short and long term) for the children.
Suffering from a work place or personal injury can be an overwhelming experience and can alter your ability to earn an income and carry on with your day-to-day life. Under these circumstances, a work and personal injury lawyer is essential for you during this time. At Mahony’s Lawyers, we help you to understand your rights and what compensation you are entitled to.
We can help you with:
Sustaining a workplace injury can be a life changing event. It is important to document your injury as soon as you can. You may not appreciate the significance of your symptoms at first and like most people, hope that they will go away. However, if you don't tell your doctor and record your symptoms early it can create difficulty when seeking to claim compensation at a later date.
On 1 st July 2015, new laws were implemented for entitlements to compensation for injured workers. If you sustained an injury prior to 1 July 2015, please seek legal advice about how these laws may affect you.
Important questions to ask your lawyer include:
If you have been involved in a car, motorbike or bicycle accident, or injured as a pedestrian, you may be entitled to compensation. It is important you seek legal advice immediately to ensure you meet the claim timeframes. The law stipulates you have six months to lodge a claim from the date of your injury.
Often, people in a motor vehicle accident will be in shock and it will take time to realise the extent of their injuries. It is very important to have these injuries documented as soon as possible or risk missing out on proper compensation. To speak to an experienced lawyer about your accident and to find out what you might be entitled to.
If you approach your insurance company directly for a personal injury or motor vehicle accident matter, you will most likely receive a minimal settlement. We recommend that you obtain the right legal representation so that you are fully compensated for your injury. You may be entitled to medical expenses and loss of income, as well as compensation for your injury.
Mahony’s Lawyers works on a No Win, No Fee basis. This means that you are able to receive expert legal advice regardless of your financial situation. We will review your circumstances, your injury and how it will affect your future earning capacity, medical expenses, assistance with home duties, travel expenses and costs associated with renovating your property to allow for changes in your living arrangements. Our aim is to ensure you receive everything you are entitled to.
Your Will is one of the most important documents you will write during your life and is one of the most considerate gifts you can leave for your loved ones.
It is essential that a Will is prepared and executed correctly, clearly articulating how you would like your assets distributed. We understand that writing a Will can be an unnerving experience. Our staff will guide you through this process in a manner which will leave you prepared for the rest of your life.
In addition, Mahony’s Lawyers provide several benefits for our clients with respect to the provision of a Will at no extra charge. They include:
- Wills Register
The Wills Register is a quick and easy way for a legal practitioner to locate a Will which would normally take time and add potential stress to your loved ones if they cannot locate it. Mahony’s Lawyers provides registration on the Will Register with the Law Society at no additional cost. The Will Register is only accessible by Lawyers and provides your name, date of birth and location of your Will. This ensures that your Final Will is current and in a safe location.
- Safe Custody
It is important that your Will is not damaged in any way as any marks, tears or even the removal of a staple may affect the validity of your Will. Mahony's Lawyers offers a personalised service to our clients through our safe custody service. We have a secure vault where we can hold your Will securely at no additional cost.
You may find yourself in a dispute with family members over a will and what is included (i.e. an estate). This can be a stressful and bewildering time. We will help you through this process by providing upfront and honest advice and clearly explaining your options.
An Advanced Care Directive details how you would like to be cared for at the end of your life, based on your choices today. These can include decisions such as how life support and resuscitation are managed, nursing support and home care services, burial and funeral arrangements. These are matters that you may not be in a position to manage or make decisions about down the track, so we will help you put an Advanced Care Directive into place so that your wishes are respected and carried out accordingly, should this time ever come.
If you have been given the responsibility of being Executor or Executrix of someone’s estate, you may need help with ensuring it is provided correctly and with the least amount of stress for everyone involved. At Mahony’s Lawyers, we work with you so that you understand your role and obligations, assisting you through what is often a complex process.
Wills and Enduring Power of Attorney are not the same; an Enduring Power of Attorney is effective when you are alive, while a Will is effective upon your death.
During your life, an Enduring Power of Attorney can give someone else the right (power) to handle your financial affairs for you, to effectively take over your decision making on financial matters. A Will is the instructions you leave so that your possessions are dealt with in the manner you would wish after you have passed away. Mahony’s can help you navigate Wills and Powers of Attorney, how to best establish these for yourself, or how to manage these in the event of death.
You may find yourself in need of direction if your loved one has passed away without a Will. We can assist you with the necessary steps associated with the Estate of someone who has died without a current Will in place. Please call us to discuss your circumstances.
If you have been dismissed from your employment work for what appear to be unfair or unlawful reasons, then it is important to seek legal advice immediately as there are time limits on being able to submit unfair dismissal claims.
We are experts in fighting for individuals' workplace rights in all courts and tribunals including:
Employment law is everchanging and we will bring you up to speed with your rights and obligations in the workplace, whether or not you are affiliated with a union. We can help by providing immediate, sound and straight forward advice about your workplace rights and, if required, ensure your rights are upheld.
We can help you with:
If you believe you have suffered medical negligence, we have a team of experienced lawyers to help guide you through the process of events. Whether you have sustained injury or illness through a failure of a medical specialist to warn of potential outcomes or had inappropriate treatment, we have the specialised knowledge to help you.
Some examples of cases we have helped:
Medical negligence is a complicated process to work through. By receiving the right legal representation with Mahony’s Lawyers, we will guide you see the events of the matter and provide clarity on steps forward. We will help you to understand your rights and what compensation you can expect to receive.
Mahony’s Lawyers works on a No Win, No Fee basis*. This means that you are able to receive expert legal advice regardless of your financial situation.
* Please note that time limits apply.
If you are unable to return to work due to sickness or an accident, you may be eligible to access benefits through your insurance. We help our clients to obtain financial security at a time when it is needed most.
We will help you with Personal Insurance & Superannuation claims, including:
Get in touch with us today to discuss your case and what kind of compensation you might be entitled to.
Many people are unaware that they may be covered in the event of sickness or accident. It is important to check this information with your insurer to see what may be available. You may be eligible for Total and Permanent Disablement (TPD), Income Protection (IP), Sickness Benefit, Disability Benefit or Permanent Incapacity. Often these benefits can be paid in addition to other forms of insurance such as motor vehicle payments and work injury payments.
All superannuation companies are different and have different criteria for access to these benefits. It is important to seek legal advice about the benefits of each policy. There are time limits that may apply to certain Superannuation Policies when you have not been in employment for more than 2 years.
Furthermore, there is usually a waiting period depending on Superannuation Company of 3 months from the date you last performed any work. The Superannuation Company’s Policy and their Insurer’s Policy are often very complex and difficult to navigate. At Mahony’s Lawyers, we have extensive experience in dealing with Superannuation Companies and Insurers and providing effective results for our clients.
Our legal staff specialise in the provision of advice on criminal matters. Whether you find yourself in a situation with the Police for minor matters (such as traffic infringements or drink driving), or a major indictable offence, our lawyers can guide you through this process.
We have experience in supporting clients through a range of criminal offences including murder, theft, assault, robbery, fraud, traffic offences and more. If you have been charged with an offence, it is essential that you get legal advice early. If there is a reason to contest the charge, we will support you.
Mahony’s Lawyers support our community by providing access to justice for charities, community groups and those who may be disadvantaged. We allocate a portion of our time to pro bono work to help our community resolve legal matters.
If you feel you are entitled to this support, please go to http://www.justicenet.org.au and download their application form or call them to discuss your case. They will then refer you to a law firm for your case, placing your case with the firm who is most appropriate for your individual needs.
You may be referred to Mahony's Lawyers, in which case we will assemble an expert team of lawyers that are best-suited to your case needs.