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Property Disputes, Settlements & Practices Law Insights & Tips 2023

The Complex World of Financial Contributions in Family Law

Dealing with financial and property disputes, consent orders and binding private financial agreements: insights, facts and information with expert legal tips, from Senior Lawyer Jaswinder (Jas) Sekhon, Principal, Goldman Law.

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Introduction

Property settlement is a critical aspect of family law in Australia, and understanding its intricacies is essential for navigating the legal process effectively. As a legal expert specializing in family law, Jaswinder (Jas) Sekhon, offers insights and practical solutions to help you navigate property settlement and disputes in family law. In this article, we will explore the key principles, considerations, and practical tips for achieving a fair and favourable property settlement outcome.

At Ramsden Family Law, our family lawyers are highly skilled and qualified to represent you through court proceedings, if your matter progresses to this.

Understanding Property Settlement

Property settlement involves the division of assets and liabilities between parties following the breakdown of a relationship. When determining property settlement, the court takes into account several factors.
  1. The initial and post-separation contributions of each party;
  2. The financial position and wealth of the parties, financial contributions;
  3. The non-financial contributions; and
  4. Contributions made for the welfare of the family as a whole.
Dr. Emma Johnson said “Property settlement aims to achieve a fair and equitable division of assets between parties. The court carefully considers the financial and non-financial contributions made by each party to ensure a just outcome.” [1] The reality is that there is little skilled detailed analysis and ultimate there are a series of default additions or removals from the 50%/50% rule.

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law 

Understanding Property Settlement

Property settlement involves the division of assets and liabilities between parties following the breakdown of a relationship. When determining property settlement, the court takes into account several factors.
  1. The initial and post-separation contributions of each party;
  2. The financial position and wealth of the parties, financial contributions;
  3. The non-financial contributions; and
  4. Contributions made for the welfare of the family as a whole.
Dr. Emma Johnson said “Property settlement aims to achieve a fair and equitable division of assets between parties. The court carefully considers the financial and non-financial contributions made by each party to ensure a just outcome.” [1] The reality is that there is little skilled detailed analysis and ultimate there are a series of default additions or removals from the 50%/50% rule.

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law 

Conclusion

Child Support plays a significant role in securing the financial well-being of children after separation or divorce. While private agreements can provide flexibility, they may lead to disputes without legal obligations. The Department of Human Services offers a structured approach to child support collection and distribution, with enforcement mechanisms in place. Binding Child Support Agreements offer greater control and certainty, albeit with potential difficulties in modification. Limited Child Support Agreements provide simplicity but have limitations and enforceability challenges. It is crucial for parents to understand their rights and obligations, seek legal advice, and take necessary steps to recover Child Support payments promptly. 

References:

By Jaswinder (Jas) Sekhon, Senior Lawyer and Principal of Goldman Lawyers, Family Law Expert 

Child Support Quick Facts & Fees 2023

Compiled With Over 10Years of Data From Real Client Questions

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Goldman Lawyers boasts top-tier family law services. While our senior lawyers’ rates fall between $500-$750 per hour (excluding GST), it’s the total cost and outcomes that truly matter. It’s not just about hourly rates; it’s our unique approach and strategy that can make the difference between a $50,000 or $100,000 bill in contested cases.

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Our senior lawyers come with a minimum of 10 years in family law, tackling everything from intricate legal disputes to complex financial dilemmas and domestic violence cases. With us, you’re not just hiring a lawyer; you’re securing an expert.

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We’re swamped, in a good way! Our senior lawyers are always on the move, ensuring your case is handled swiftly and effectively. No dragging, no “milking” – just pure dedication to your case.

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From deferred fees and instalment plans to flat rates and litigation finance, we’ve got you covered. (Note: No win, no fee isn’t applicable for family law.)

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If you’re a self-starter and comfortable working solo, our Guided Self-Help is tailored for you. Goldman Law is revolutionizing the way Aussies handle family law and other matters, offering a service that’s online, personal, and in tune with modern Australian life.

🛠️ Your Step-by-Step Guide to Massive Savings:
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  2. Join Our Digital Workspace: We’ll onboard you to Microsoft Teams, giving you direct access to our server.
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🎯 What’s the Buzz About Unbundled Legal Services?

Think of it as à la carte legal services. Instead of the all-in-one package, you pick and choose. You handle some tasks; we handle the rest. Whether it’s just legal advice, document drafting, or specific court representation, we’re flexible. It’s modern, efficient, and tailored to your needs.
Goldman Law’s Guided Self-Help: Empowering you to take charge, with a legal expert by your side. Say goodbye to traditional, costly legal services and hello to flexibility and savings! 

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Sun Tzu said, “Strategy without tactics is the slowest route to victory.” At Goldman Law, we believe in crafting the perfect strategy for your case, inspired by the timeless wisdom of ‘The Art of War’.

🎯 Expect More than Just a Consultation

Strategic Mastery: Dive deep with a senior lawyer who understands the nuances of your case and crafts a battle plan tailored for victory.
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The Right Approach: Every battle is unique. We analyse, strategize, and approach your case with precision, ensuring the best possible outcome. 

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Our ethos revolves around a shared dedication between client and lawyer. We recognize that for clients to thrive, they require legal counterparts who mirror their ambitions. High-net-worth clients seek not just legal aid, but lawyers who resonate with their financial status. The same principle applies to determined clients; they deserve lawyers who match their zeal, and commercial clients necessitate legal minds well-versed in commerce. 💡

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Empower Yourself with the Right Selection for Your Family Law Case!

Are you wondering if you can have a say in which senior lawyer represents you at Goldman Law? Absolutely! We take pride in offering you the freedom to curate your legal experience by selecting a senior lawyer from our roster of top-tier legal experts.

Every case is unique, and we understand the importance of a tailored approach. With our distinguished senior lawyers, you have the advantage of choosing the legal mind that resonates best with your specific family law case. 🌟

Whether you’re dealing with divorce, child custody, alimony, or any family law matter, we’ve got you covered with an array of seasoned specialists. Each lawyer brings a wealth of experience and a track record of success to the table.

Why settle for less when you can have the best-suited senior lawyer by your side? At Goldman Law, we believe in putting the power of choice in your hands. Your case deserves nothing but excellence, and we’re here to make it happen.

Reach out to us today and explore the freedom to choose. Your family law journey starts with the right senior lawyer – chosen by you, backed by us!”

FAQ - What QUESTIONS Clients Ask

Compiled With Over 10Years of Data From Real Client Questions

Legal strategy discussions with a senior lawyer are important for several reasons.

Firstly, having a general philosophy and mission for a law firm helps differentiate the firm from others and demonstrates that the firm has carefully considered what they want to achieve and how they plan to effectively advocate for their clients. This strategic approach can give the law firm a competitive edge and help attract clients who align with their values and goals.

Secondly, discussing legal strategy with a senior lawyer allows for the exchange of knowledge and expertise. Senior lawyers have extensive experience and can provide valuable insights and guidance on how to approach legal issues. They can offer a broader perspective and help identify potential challenges and opportunities that may not be immediately apparent to junior lawyers or clients.

Moreover, senior lawyers can communicate in a way that is more business-oriented rather than using complex legal jargon. This is essential for ensuring that legal strategies are effectively understood and implemented by clients and stakeholders who may not have a legal background. A senior lawyer can translate complex legal concepts into clear and meaningful terms that align with the client’s business objectives.

Furthermore, engaging in legal strategy discussions with a senior lawyer allows for creative problem-solving and the exploration of alternative solutions. By considering different perspectives and brainstorming strategies together, clients and lawyers can develop innovative approaches and find the most effective legal solution for their particular situation.

Lastly, legal strategy discussions with a senior lawyer can help ensure compliance with regulations and minimize potential legal risks. Senior lawyers have a deep understanding of the law and can provide guidance on how to navigate complex legal frameworks. They can help identify potential legal pitfalls and develop proactive strategies to mitigate risks and avoid costly legal disputes.

In conclusion, having legal strategy discussions with a senior lawyer is crucial for law firms and clients alike. It allows for the development of a clear and effective approach to legal matters, facilitates knowledge sharing and creative problem-solving, improves communication, and helps ensure compliance and minimize legal risks.

The rates are our top senior lawyers range from $550 to $750 per hour excluding GST.

Our senior lawyers must have had at least 10 years of family law experience in running matters. There is very little that we have not dealt with, from small but complex matters, legal aid panels, protective custody and disputes between states and the federal government, the kidnapping of children, complex financial matters, money laundering, cash businesses, domestic violence, multijurisdictional cases and the list goes on.

Our senior lawyers will personally handle your matter and we are simply too busy to stretch out your matter and to be effective at these higher charge rates, we must be quick, decisive, and work to an agreed strategy.

We know what is not important and we know what to cut out. We know where the cases are heading and do not like to drag them on.

Even though our initial rates may seem higher, the eventual outcome will cost less, and we are successful in achieving a better outcome.

We use technology and automation extensively to reduce the time taken for mundane tasks.

What Are Typical Family Law Fees In The Industry

According to the Federal Circuit and Family Court of Australia, parties involved in family law proceedings usually pay their own legal costs. However, there are exceptions to this. The court may order one party to pay the legal costs of another. The amounts payable for a costs order are set out in the scale of costs in Schedule 3 to the Family Law Rules 2021.

The court may also depart from the scale and order that another party pay all of a party’s costs reasonably and properly incurred, which is known as indemnity costs.

The fees for a senior lawyer handling a family law matter can vary depending on factors such as the complexity of the case, the expertise and experience of the lawyer, and the location of the law firm.

In Division 2 of the Family Law Rules 2021, the scale of costs for family law and child support matters is provided.

  • For example, for initiating or opposing an application up to the completion of the first court date, the cost can range from $2,512.56 to $3,141.50, depending on the presence of interim orders.
  • The fees for attending a hearing can range from $342.19 to $2,512.56 per day, depending on the type of hearing.
  • Additionally, there are fees for drafting, conferences, and chamber work, ranging from $277.16 to $721.68 per hour, depending on the level of expertise. Disbursements, such as photocopying and agent fees, are also included in the costs.

These fees are provided as a guide and may vary depending on the specific circumstances of the case and also include Legal Aid Fees.

Per Court Day

Based on another source , the fees for senior lawyers in family law matters can range from $3,000 to $6,000 per day in court. Junior lawyers may charge less due to their developing expertise. These fees are generally for a final hearing and can vary depending on the complexity of the case.

Hourly Rates

Another source mentions that lawyers generally charge an hourly rate for their services. The lowest hourly rate for an admitted lawyer with less than 2 years of experience may be around $300, while the hourly rate for a principal of a law firm with years of experience can be around $600. The fees for talking to a lawyer or seeking legal advice can vary depending on the lawyer’s rate and whether a fixed fee or time-costing method is used.

What Do Barristers Typically Charge?

In a different source, the fees charged by barristers in family law matters are discussed. Barristers are grouped into categories based on their experience and level of expertise. For example, a reader (newly admitted barrister) may charge around $2,500 per day, while a senior junior barrister (with more than five years of experience) may start at around $4,500 per day. Queen’s Counsel and Senior Counsel (more experienced barristers) may charge from $9,000 to $13,000 per day. The choice of barrister will depend on the individual’s case and budget.

In conclusion, the typical professional fees for a senior lawyer handling a family law matter in Australia can vary depending on various factors, including the complexity of the case, the expertise and experience of the lawyer, and the specific services required.

The fees can range from around $2,500 per day for a newly admitted barrister to $13,000 per day for a senior barrister.

Hourly rates for lawyers can range from $300 to $600, and fixed fees may apply for certain services. It is best to consult with a lawyer to obtain an accurate estimate of fees based on the individual’s specific circumstances

Law firms use various strategies to attract clients, including the initial underquoting of fees. Note: Goldman Lawyers do not use these tactics.

When it comes to marketing, law firms focus on making themselves easy to find online through search engine optimization (SEO) and running SEO campaigns to improve visibility in search results

  • One common reason for lawyers to initially underquote client fees is the traditional practice of not advertising prices. Many lawyers were trained by those who practiced at a time when advertisements were prohibited.
  • Another reason is that lawyers are often hesitant to bind themselves to a flat fee before knowing anything about the client.
  • Each client’s case differs in complexity and requirements, and lawyers may need more information before quoting an accurate fee. For example, a divorce case could range from simple and straightforward to complex and involving multiple assets.
  • Furthermore, the unpredictable nature of litigation and transactional matters can make it challenging to estimate the amount of work required.
  • Disagreements between parties and unforeseen circumstances may arise during the course of a case, potentially prolonging the work. Lawyers may be reluctant to set a fixed fee upfront when they cannot guarantee the duration or complexity of the legal matter.
  • Moreover, lawyers may be concerned that advertising prices could lead to a race to the bottom, with lawyers undercutting each other’s rates.
  • While this may benefit consumers, it may not be financially viable for lawyers. Lawyers require compensation that reflects their experience, expertise, and the value they provide to their clients.
  • In light of these factors, it may not be advantageous for lawyers to advertise their prices upfront (as we do!!!).

In summary, lawyers initially underquote client fees for various reasons, including the traditional practice of not advertising prices, the need to gather more information about the client’s case, the unpredictable nature of legal matters, and concerns about a race to the bottom in pricing.

Protect yourself by having a free strategy and fee discussion with Goldman Law!