Home Case Studies

Case Studies

Case Study: Children and Property Matter

Sept 19, 2025

Background

This case involves a Children and Property matter. The primary focus was on resolving property division and parenting arrangements following the separation of the parties.

Key Issues

Property Division:
- The property matter was resolved through consent orders approved by the Federal Circuit and Family Court of Australia.
- Key provisions included:
  - Payment by the client to the other party.
  - Closure of joint bank accounts.
  - Superannuation split from the client’s Superannuation Fund to the other party.
Parenting Arrangements:
- Initial discussions revolved around consent orders for parenting. However, the other party was unwilling to proceed with formal consent orders.
- The client expressed concerns about the lack of enforceability of the parenting plan and sought advice on alternative options, including mediation and court proceedings.

Legal Process

Property Matter

Consent Orders:
- Drafted and filed.
- Final orders sealed.
Implementation:
- Orders were served to the Other Side’s solicitor for action on the superannuation split.
- The client was advised on payment methods and record-keeping for the funds transfer.

Parenting Matter

Negotiations:
- Attempts were made to negotiate consent orders for parenting arrangements. However, mutual agreement could not be reached.
Advice Provided:
- The client was informed of the non-enforceability of parenting plans and the steps to pursue enforceable orders, including mediation, Family Dispute Resolution (FDR), and court proceedings.

Challenges

Court:
- Delays in obtaining signed documents from the Other Side.
Parenting Disputes:
- The unwillingness of the other party to agree to consent orders for parenting created uncertainty for the client.
- The lack of enforceability of the parenting plan posed risks for future disputes.

Outcome

The property matter was successfully resolved with court-approved consent orders.
The parenting matter was closed without enforceable orders, as the client decided not to pursue further action at this stage.

Lessons Learned

Client Communication:
- Clear communication about the limitations and risks of informal agreements is essential to manage client expectations.
Flexibility in Legal Strategy:
- Adapting the approach based on the willingness of parties to negotiate can save time and resources.

Conclusion

This case highlights the complexities of resolving property and parenting matters post-separation. While the property division was finalised successfully, the parenting arrangements remain informal, reflecting the challenges of achieving mutual agreement in family law disputes.

Putting the Child First: Resolving a High-Conflict Parenting Dispute Through Flexibility and Focus

Aug 6, 2025

Background

This parenting dispute between our client and their ex-partner concerned care arrangements for their child. Initiated in September 2023, the case involved interim orders, negotiations, and court-facilitated dispute resolution, concluding with final parenting orders in July 2025.

Key Challenges

Communication Issues: The ex-partner resisted our client’s contact with the child, influenced more by personal bias than the child’s best interests.
Special Needs & Allegations: The child’s needs and the ex-partner’s concerns about our client’s mental health were addressed by our client’s compliance with testing and parenting programs.
Protracted Negotiations: Delays and repeated revisions prolonged settlement, requiring persistence from our client’s legal team.
Court & Compliance: Interim orders allowed increased contact, but enforcement was problematic. Our client eventually agreed to reduced time to maintain a relationship with the child.
Final Orders: Drafting the Minute of Consent Orders required careful detail to address financial, logistical, and future dispute considerations.

Resolution

The matter was resolved through negotiation, with final orders outlining phased care arrangements. Our client’s flexibility ensured continued contact and prioritised the child’s welfare over litigation.

Lessons Learned

Persistent negotiation and follow-up were key.
Child-focused proposals aligned with professional recommendations proved effective.
Flexibility helped avoid further court involvement.
Detailed orders supported enforceability and reduced future conflict.

Conclusion

This case illustrates the value of compromise, persistence, and a child-centred approach in resolving complex parenting matters.

Prioritising Children’s Needs: Consent Orders in a Complex Parenting Matter

July 9, 2025

We recently assisted our client, the Respondent, in a parenting dispute concerning their children. The primary issues revolved around where one of the children should live, the time they should spend with each parent, and the facilitation of communication between the children and their parents. The matter was further complicated by allegations of family violence and differing views on the recommendations of a family report.

The matter progressed through various stages, including the filing of a Response to Initiating Application and the issuance of court orders.

The matter was successfully resolved through consent orders, avoiding the need for a contested interim hearing. The final orders provided clarity on the parenting arrangements.

The resolution was achieved efficiently, considering the complexity of the issues and the need for a family report.

Through diligent legal representation, strategic advice, and effective negotiation, we assisted our client in achieving a favourable outcome that prioritised the best interests for their children while addressing our client’s concerns. The resolution provided clarity and stability for the family, ensuring that the children’s needs were met and their relationships with both parents were supported.