Adams Legal Brisbane

05/02/2026

NO MORE CHARACTER REFERENCES.
Character references, the cherished hope of well-connected crooks, will soon be banned from criminal courtrooms.
Partners, senior counsel and other legal worthies can breathe a sigh of relief. No longer will family barbecues be a minefield of distant cousins begging for a letter that says they were very stressed when shoplifting that Christmas ham.
Gone are the uni student paralegals, home from Byron after a close encounter with the sniffer dog, who loiter outside the head partner’s office, hoping for some exculpatory lines on firm stationery.
But your Honour I'm really a good person!!

19/01/2026

Peace is not a sign of giving in.
It is a sign that you value clarity more than chaos.

Anyone can shout.
Few can stay calm, think clearly, and make choices that protect their future instead of feeding a fight.

Peace is strength that has learned control. It is the power to walk away from what does not serve you, and the courage to stand firm without losing your balance.

07/10/2025

SCHOOLING DISPUTES?
Choosing the right school is rarely simple and, for separated parents, it can quickly become a battleground. Strong feelings about education, distance, cost and lifestyle often collide, making agreement difficult. When parents cannot resolve the issue, the Federal Circuit and Family Court of Australia may step in. However, it is important to understand what the Court does - and does not - do. Judges will not declare one school 'better' than another. Their task is to decide what outcome is in the child's best interests.
The Court's role and limits
Under the Family Law Act 1975, decisions about a child's education fall within 'major long-term issues'. If parents share parental responsibility but cannot agree, the Court may need to decide. However, the Court has consistently said that it will not engage in comparisons of schools by prestige, reputation or academic ranking. Instead, judges examine how each proposed option will affect the child's daily life - considering factors such as continuity, routines, friendships and practical arrangements.
Case examples
In Medina & Joon [2024] FedCFamF2F 1647, the parents disagreed about whether their children should move schools following separation. The mother sought a change, but the Court held that stability and continuity were more important at that stage. Because there was no compelling evidence that a new school would benefit the children, they were ordered to remain at their existing school, at least on an interim basis.
A different issue arose in Allinson & Eadie [2020] FCCA 3558, where both parents put forward new schools that would meet the child's needs. The real point of difference was travel. The mother's choice was closer to her home, where the child spent most school nights, while the father's option involved significantly longer travel. The Court concluded that reducing travel and preserving a manageable daily routine was in the child's best interests. The mother's proposal was therefore preferred.
The principles guiding these outcomes can be traced back to the leading authority of Re G: Children's Schooling [2000] FamCA 462. In that case, the Full Court rejected the idea that the parent with whom the child primarily lived should automatically determine schooling. Instead, it confirmed that the best interests of the child must always come first. Matters such as disruption to friendships, travel burdens, financial implications and the quality of supporting evidence all play a role in the assessment.
Practical guidance for parents
Parents facing a dispute about schooling should begin with open, child-focused discussions. Each parent should consider not only the academic aspects of the schools in question, but also the child's social connections, extracurricular activities and how practical arrangements will work.
As family lawyers, we often hear parents explain their school preferences by referring to their own experiences as former students, or to long-held family traditions. While these stories may carry some personal meaning, the Court is only interested in how each option will affect the child, not the parent.

02/10/2025

Should you have your kids in control of your family trust?
What is control of a family discretionary trust?
So, the first line of control of a family discretionary trust is the trustee, either the individuals or the company. And if it's a company, the directors, they're the ones who make the day to day decisions about the trust giving out income, giving out capital investments, all those kinds of things. If you've got a company, there's also the question of the shareholders, because the shareholders of that company will appoint and remove directors. The second line then is the appoint or role, sometimes called principal, sometimes called guardian. They decide who the trustees and so can appoint and remove the trustee and therefore have control over the trust.
What does bringing kids into control look like?
So, when we're looking at bringing kids into control of the trust we're looking at, do they become individual trustees or directors of the company? That's the trustee. If a company, are we giving them shares and how about the appoint or role. Now, we can do some but not all of those things. I've had situations where we've made kids directors of the trustee company but not shareholders or appoint rules so that the parents are keeping control of the trust, but involving the kids in decisions.
So, should I?
This is the it depends. Now, we often do this for families where we've got like a family business and we want to involve the children some or all of them in control of that family business. We might do it where we want to make sure that control of that trust will pass down to that child or those children. When something happens to the parent. And that can be very effective mechanisms. But you do need to remember that when you're bringing your kids in, they become decision makers. And so, you have to look at how are they going to outvote you. Do you want them involved in the kinds of decisions about a trust that you want them to? Also, if it's a business, will there be a liability issue and one that's coming up more and more unfortunately, if your child gets involved in a matrimonial dispute, do the trust assets get dragged into that dispute because they are a director or shareholder of the trustee or an appoint tool? Again, lots of think about bringing kids in. This is a short a short snapshot.
If you've got any questions or would like to discuss this issue more. Please contact a member of our team.

26/11/2024

Huge Congratulations to Allexandria Adams for attaining her Masters in Law (Applied Law) Mastering in Family Dispute Resolution. She is pictured here receiving her award from Judge Kylie Beckhouse of the Federal Circuit and Family Court of Australia. Allie is also a qualified mediator.

25/11/2024

A Necessary Change: Criminalising Coercive Control in Australia.
Coercive control is an insidious form of abuse prevalent in domestic and family relationships across Australia. For family lawyers, it is crucial not only to understand the dangers of coercive control but also to recognize its signs in order to assist affected clients effectively. We can provide a comprehensive overview of coercive control, highlighting its signs and dangers, and emphasizing the vital role our family law practitioners play in identifying and addressing this issue within family law disputes. We can cover:
• What is coercive control? Recognising the signs and behaviours
• Navigating the Commonwealth National Principles to Address Coercive Control in Family and Domestic Violence
• Coercive control laws around Australia – key definitions and offences in each state noting that legislation is already in place in QLD that has created a criminal offense of coercive control.
• How does the Family Law Act address behaviours which can be described associated with coercive control?
Is coercive control treated the same way as other forms of family violence?
• We can provide Resources to assist clients affected by coercive control.
If you or someone you know is being affected by domestic violence in the form of coercive control the feel free to reach out to one of our experienced Family Law Lawyers or mediators for help.

12/11/2024

THE RISKS IF DOING IT YOURSELF
With the rise of DIY divorce platforms promising cost-saving alternatives to traditional legal services, many separating couples are opting to go without a lawyer. While these tools might seem convenient and affordable, there are significant risks involved when navigating the legal landscape without expert guidance. Here's why working with a qualified family lawyer remains crucial for protecting your rights, especially when your financial future is at stake.
Complexity of Property Settlements
Dividing assets such as property, superannuation, and investments can be legally intricate. DIY platforms often lack the personalised advice needed to ensure that both parties are aware of their entitlements. Lawyers provide an essential role in assessing the value of assets, identifying hidden assets, and negotiating a fair division, especially in cases where one partner may be disadvantaged.
Without proper legal advice, you risk agreeing to a settlement that could leave you financially vulnerable.
Superannuation and other hidden assets
One of the most frequently overlooked aspects of DIY divorce is the division of superannuation. In Australia, super is treated as a marital asset, but it requires detailed knowledge to value and divide it correctly. A family lawyer can ensure that superannuation is properly included in the asset pool, which is something online platforms may not effectively address.
Without professional assistance, it's easy to miss complex assets like superannuation, shares, or investments. You can read our article on Understanding superannuation during a divorce or separation via the link.
Potential oversights
Even with a platform designed to simplify the process, family law is far from straightforward. Issues like filing deadlines, correct legal terminology, and adherence to Court procedures can lead to delays or errors that might have long-term implications. A lawyer ensures that all legal documents are correctly prepared and submitted, saving you time and potential complications later.
The smallest mistake could result in your application being dismissed or delayed, costing you more in the long run.
Tailored advice and advocacy
Every relationship and financial situation is unique, and while online platforms offer standard templates, they can't provide tailored legal advice based on your specific circumstances. A family lawyer takes the time to understand your needs, negotiate on your behalf, and ensure the outcome is fair and sustainable.
Lawyers can advise on issues that DIY platforms overlook, such as tax implications, spousal maintenance, or debt management.
Protecting your future
A significant benefit of working with a lawyer is ensuring that your assets and financial future are protected from any further claims by your ex-partner. This protection could be jeopardised if proper disclosure of assets isn't made or if mistakes occur during the DIY process. Without legal advice, you might unknowingly leave yourself open to future disputes or claims that could have been avoided with legal guidance.
Emotional and legal support during a stressful time
Divorce is emotionally challenging, and without professional guidance, it can become overwhelming. Lawyers are experienced in navigating the complexities of both the legal and emotional aspects of divorce. They also act as a buffer in negotiations, helping to keep things civil and preventing unnecessary conflicts, which can be exacerbated when emotions run high.
By having a lawyer, you are supported through the process, ensuring decisions are made logically rather than emotionally.
Avoiding costly mistakes
While DIY divorce platforms may appear to save money upfront, the potential cost of correcting mistakes or pursuing legal action after an unfair settlement can far outweigh the initial savings. An experienced lawyer can provide advice on key financial issues such as superannuation, business ownership, and spousal support, ensuring that you're financially protected in the long term.
It's more cost-effective to get it right the first time with a lawyer's help than to fix costly mistakes later.
Legal protections for domestic violence survivors
For those experiencing domestic violence, there are legal protections available through the Courts that are not accessible via DIY platforms. A lawyer ensures that you are aware of these protections and can assist with applications for intervention orders, custody arrangements, and financial support.
If you are in a vulnerable position, relying on a platform without legal support could jeopardise your safety.
Conclusion: Safeguard your future with professional legal advice
While DIY divorce platforms may seem like an affordable option, the risks of navigating the process without expert legal advice can far outweigh the benefits. At ADAMS LEGAL, we provide tailored, cost-effective solutions that protect your financial and legal interests. Whether you need help dividing assets, navigating complex superannuation arrangements, or finalising children's care agreements, our family law team is here to guide you.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

07/11/2024

THE IMPORTANCE OF DRATING YOUR WILL UPON MARRIAGE,
A Will is an essential tool that ensures that your loved ones are looked after and that your wishes are respected. Entering a new relationship or getting married is an exciting time, but it is also an important time to ensure that your Will is updated, and expert advice is sought to ensure that your assets are distributed according to your wishes. Many Australians are not aware the effect that marriage or the ending of a marriage has on their Will.
Getting married and Wills made in contemplation of marriage
Did you know that getting married will immediately revoke any previous Will that you have? This can lead to unintended consequences for your spouse and loved ones. Reviewing your Will following your marriage is crucial in ensuring that you have a valid Will and that it is up to date following your change in circumstances. It is also a starting point for you and your new spouse to have an important conversation about your intentions if you were to pass away.
If you already have a Will, it is important to check that your Will includes a contemplation of marriage clause. A Will made in contemplation of marriage is designed to address the changes in one's personal and financial circumstances due to an impending marriage. The clause will reflect this upcoming major change in circumstances. The reality is, most Wills do not contain this clause unless that marriage is contemplated at the time that the Will is prepared, and it has been prepared by lawyers specialised in this area.
In saying that, even if a Will is made in contemplation of marriage, it is prudent to review and possibly update your Will after the marriage takes place.
Second marriages and your Will
Failing to prepare a Will following your first marriage and having a large portion of your Estate go to your spouse may not appear to be an issue for some people. A person entering a second marriage may be more at risk if they do not review or prepare a Will following their second marriage, particularly if there are children from a previous marriage. It is crucial to seek advice on how to structure your Will, to ensure that your loved ones are protected and provided for in the event of your demise.

Call now to connect with business.

20/10/2024

03/09/2024

What is a de facto relationship and what rights do you have?
Relationships can be hard. And when it comes to understanding your rights, especially if you're in a de facto relationship – well, they can be even harder.
In Australia, de facto relationships are recognised by law, with the Family Law Act providing partners with certain rights and responsibilities similar to those of married couples. Whether you're new to the concept or need a refresher, this guide will help you understand what a de facto relationship is, what rights you have, and why it's important to be aware of them.
We'll cover everything you need to know, with our goal being to provide you with a complete guide on de facto relationship property rights in Australia, which may help you to make informed decisions about your relationship and future.
What is a genuine domestic basis?
A de facto relationship isn't just about living together—it's about sharing a life. To be recognised under Australian family law, a de facto relationship must have a "genuine domestic basis." This means a relationship that mirrors a marriage, even if the couple doesn't live together full-time.
Several factors can indicate a genuine domestic basis:
Length of the relationship: The longer you've been together, the more serious the relationship is likely considered.
Living arrangements: Living together can show commitment, but it's not required. Partners might live apart due to work or personal choices yet still share a life.
Financial interdependence: Linked finances, such as joint accounts or shared expenses, show a commitment to a shared future.
Social recognition: If friends, family, and the community recognise you as a couple, this supports the existence of a de facto relationship.
Shared responsibilities: Raising children, caring for each other, or making future plans together often indicate a genuine domestic basis.
Property ownership or use: Jointly owning or using property can show a shared commitment, even if the partners live separately.
Mutual commitment: Emotional and practical commitments—like planning for the future and supporting each other—suggest a relationship similar to a marriage.
These factors are guidelines, not strict rules. Courts look at the overall picture rather than checking off a list. If your relationship meets these criteria, you may have rights similar to those of a married couple, such as property settlements and financial support.
Reasons to register your relationship
In some Australian states and territories, you can register your de facto relationship to formally recognise your partnership, much like a marriage certificate. Here's why you might consider it:
Legal recognition: Registering provides clear legal status, which can be helpful in legal matters, like property disputes or financial support claims.
Simplifies property and finances: If the relationship ends, a registered status can make it easier to divide assets and finances, reducing disputes.
Access to benefits: Registration can help you access benefits, such as superannuation entitlements, inheritance rights, and social security, without needing additional proof of your relationship.
While not mandatory, registering your de facto relationship can provide legal clarity and protection for both partners.