Sperm of deceased allowed to be used by his surviving partner


The Supreme Court of Queensland today handed down judgement allowing the surviving partner of a man whom took his own life, to have possession and use of his sperm, which was removed posthumous. In the case of Creswell v. Attorney-General for the State of Queensland, Ms Creswell received the benefit of…

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Do You Need A Family Lawyer in Brisbane?


DA Family Lawyers provide their Brisbane clients a no-fuss solution to complex family law and property disputes At DA Family Lawyers, we are passionate about finding the resolutions that benefit our Brisbane clients in the best manner possible. We are sensitive to the issues involved in all aspects of family…

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Family loans


As a family lawyer we often have clients who are trying to finalise property settlement with their former partner and have difficulty providing evidence about money that has been advanced by family members to them in the past. In family law matters, it is not unusual for a client to…

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Litigation Strategy


When it is necessary for a matter to proceed to litigation for determination, strategy and planning are two of the most important factors which can impact on the ultimate result. Before the first court document is filed, it is imperative that thought has been given to your litigation strategy, by…

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High legal costs result in referral to Legal Services Commission


A recent decision made by Justice Benjamin at first instance in the Family Court of Australia in the case of Simic & Norton highlights the obligations of legal representatives in family law proceedings. This was a case that involved a determination about parenting and property settlement. All matters were ultimately settled, albeit on the seventh day…

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Indemnity costs in the Family Law Courts


Indemnity cost orders are rare in the Family Law jurisdiction. A recent case SCVG & KLD and Anor is a Full Court decision which upheld an indemnity costs order made by the trial judge in parenting proceedings against the Father. Section 117 Family Law Act provides the general principle that…

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Costs of appealing

There are many costs involved in running an appeal in the Family Court. Legal fees if you choose to be legally represented and the cost of obtaining a transcript. In a recent case Knox and Knox involving an appeal from a six day trial, the cost of obtaining the transcript…

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Long term supervision parenting orders

In a recent appeal about a long term supervision order about the time that three children spent with their father, Bertros & Bertros the Full Court of the Family Court of Australia upheld a final parenting order that provided for: Sole parental responsibility to the Mother. The children live with…

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What does the recent Federal Budget mean for family law?


This year’s Federal Budget included a number of plans for addressing issues surrounding family law? For some time, family law courts have been under-resourced and not able to cope with the sheer number of matters which pass through the system. Further to this, there has been a lack of attention…

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I am separating – what now?


It often takes years to reach a decision to end a relationship and it is imperative after making such an important decision that you have a clear pathway forward, towards resolution. DA Family Lawyers' Director and Accredited Family Law Specialist, Deborah Awyzio, has compiled a checklist to provide you with some…

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New managing director proving success is in the family


DA Family Lawyers has announced the appointment of a new managing director who is expected to lead the firm to a new era of growth and prosperity. Experienced practitioner Lisa Foley (pictured above left) has stepped into the role of managing director while DA Family Lawyers' founder Deborah Awyzio (pictured…

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Protection of assets in a de facto relationship


Most people enter into a relationship with a sense of loving and hope and positive outlook for the future. However it is becoming increasingly common to also take precautions to protect your assets in the event that the relationship does not survive. The most formal approach adopted for protection of…

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DA Mediation recognised in Doyles list


On December 1, the 2017 lists of recommendations were released on the peer-assessed recommendation platform Doyles Guide. The 2017 listing of leading Queensland Family & Divorce Mediators details mediators operating in the Queensland legal market who have been identified by the state's family law solicitors for their expertise and abilities…

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Deborah Awyzio and DA Family Lawyers get Doyles nod again

The 2017 lists of recommendations have been released on the peer-assessed recommendation platform Doyles Guide. We are happy and proud to announce that Deborah Awyzio, our director and accredited family law specialist, has been listed as a leading family law practitioner under the Leading Family & Divorce Lawyers – Brisbane, 2017 list.…

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Orders to change a child’s surname


I was recently involved in a matter before the Federal Circuit Court where we sought a final order to change the child’s name. In that matter, I was acting for the applicant mother. The child’s birth certificate recorded her surname as the surname of her father but it was a surname that…

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The collaborative approach – for a quicker and less costly divorce


Negotiating your divorce is never going to be easy, but the 'collaborative' approach to settlement can be quicker and less costly than you might expect. This approach prioritises the early provision of expert financial assessment and advice, which makes it significantly different to traditional combative and litigious proceedings. Collaborative settlement…

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Coming home


I recently assisted a client register an order made in The Netherlands in Australia. That order permitted the mother to relocate the residence of the child to Australia. Read the full article on Lisa Foley's LinkedIn account.

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Further penalties for child abductors


The Family Law Amendment (financial agreements and other measures) Bill 2015 proposes a range of amendments to the Family Law Act 1975. One of those amendments is the inclusion of section 65YA and section 65ZAA which makes it an offence, with a penalty of three years imprisonment, for a party…

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Deborah Awyzio and DA Family Lawyers recommended on Doyles Guide

The 2016 lists of recommendations have been released on the peer-assessed recommendation platform Doyles Guide. We are happy to announce that Deborah Awyzio, our director and accredited family law specialist, has been recommended under the Leading Family & Divorce Lawyers – Brisbane, 2016 list. This list is compiled of leading…

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Changes to Australian Passports Act


The Passports Legislation Amendment (Integrity) Act 2015 is an Act to amend the law relating to Australian and foreign travel documents. Relevant from a family law perspective, one of the amendments is to section 11 of the Australian Passports Act 2005 which now provides that the Minister must not issue…

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My Wealth Solutions


Since being established, My Wealth Solutions has been helping clients of all ages and backgrounds achieve their financial goals.   Based in Brisbane, our team of savvy, experienced financial planners and advisors work to build personalised financial plans that create grow and protect your wealth. We are your decision architects…

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The importance of preparation in mediation


By Deborah Awyzio – nationally accredited mediator and registered family dispute resolution provider   Mediation is not an extension of litigation The process of mediation is nearly the opposite of litigation. In litigation, parties delegate their decision making powers to a Judicial Officer, whereas the central theme in mediation is self-determination.…

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Why every couple should get a Financial Agreement


A new relationship is exciting. It’s fun, fresh and you never want it to end. The last thing you want to think about is breaking up. Based in Brisbane CBD, DA Family Lawyers know just how important a Financial Agreement can be, despite its difficulties. When you think about marriage you…

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Talk is cheap in family law


Save time, money and stress by seeking mediation for divorce and separation. New program shows impressive results for couples willing to negotiate. Many couples that decide to part ways believe the only way to legitimately settle their dispute is by going to court. The thinking that drives this belief is…

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Domestic Violence – Why does my partner abuse me?


Domestic violence is a conscious choice with absolutely no excuses. Sounds easy to understand but what happens if a person is justifying their violent actions? DA Family Lawyers in Brisbane have uncovered some confronting statistics. Half of women have experienced violence at the hands of their partner in a relationship…

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Are your kids OK following your divorce?


Divorce can affect your children. With  a lot of uncertainty about changes that are happening, there is no way of knowing exactly how your child will cope. How can you be certain that you are supporting your child through this process? Like all of us, each child is different and…

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Queensland is the child abduction capital state


Australia has the highest rate of children being kidnapped by a parent in the world (per capita) with the majority of the abductions being from Queensland.  Getting a divorce is a difficult time for anyone; it’s made all the more difficult when children are part of that equation. So much…

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4 simple steps to determine the division of property


The best time to resolve a property settlement issue is often soon after separation If a court has to determine the dispute they will take into account what assets are owned by both parties at the date the court is dealing with the issue. This holds true even if the…

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Children’s wishes after school holidays


Have your kids spent time with you over the holidays? Are they asking to spend more time with you? After school holidays some children tell the parent they predominantly live with that they want to live with their other parent. The children have spent  a significant amount of time with…

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Property and family law: What to do when you’ve separated


DA Family Lawyers in Brisbane can help you navigate property settlement If you and your partner have separated do you know how your property will be divided? There are three ways a property division settlement can be settled. Either both parties can amicably agree to the division and can apply…

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Property and family law: What to do when you’ve separated


DA Family Lawyers in Brisbane can help you navigate property settlement If you and your partner have separated do you know how your property will be divided? There are three ways a property division settlement can be settled. Either both parties can amicably agree to the division and can apply…

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Stay in control during your divorce proceedings


There are at least five reasons why you’ll want to go through collaborative law instead of through the courts Collaborative law is about providing the client the ability to control how they and their partner resolve their dispute through sharing information and an open dialogue. The aim of collaborative law…

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What is Collaborative Practice?


Collaborative practice is about client's owning and shaping the process by which they resolve their disputes by engaging in open communication and information sharing. In our collaborative practice we assist and support clients to identify interests and issues, develop options, consider alternatives and make decisions about future actions and outcomes,…

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Independent Children’s Lawyers


by Deborah Awyzio Accredited Family Law Specialist (DA Family Lawyers) In parenting proceedings, the court is able to appoint an independent children's lawyer, to represent the best interests of the child/children involved in those proceedings. The current practice is for an order to be made appointing an independent children's lawyer…

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Do Financial Agreements predetermine the end of your relationship?


Pre-nuptial Financial Agreements might be the last thing on anyone’s minds when in the midst of wedding madness… Marriage is a wonderful thing and has been uniting couples for centuries but when two people come together so does the possibility of separation. While many Australians live happily together and live…

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Pre-Nuptial Financial Agreements: A Necessary Evil?


5 Myths about Pre-nuptial Financial Agreements Discussed Pre-nuptial financial agreements are—arguably—the less romantic side of getting together. DA Family Lawyers appreciate that for some people this is an extremely sensitive issue, and our skilled team can help you negotiate the agreement in a respectful and fair way. In This Article…

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