Doolan Callaghan Family Lawyers

25/08/2025

Wade Dower’s Admission

We’re excited to share that Wade Dower has been admitted as a lawyer of the Supreme Court of NSW! 🎉

Wade has been part of our amazing team at Doolan Callaghan Family Lawyers as a Paralegal, and it’s wonderful to see him take this next step in his career.

A big thank you to Jarrad Callaghan for moving Wade’s admission and for his, and the whole team’s, support along the way.

Congratulations Wade - we can’t wait to see all that you’ll achieve as a Family Lawyer with us!

28/07/2025

Are You Dealing with a Narcissist in Your Family Law Matter?

Narcissism in a Family Law Context

A narcissist is someone who exhibits a persistent pattern of grandiosity and self-importance, a heightened need for admiration and expectation to be recognized, and a lack of empathy. In family law matters, these traits can complicate negotiations, communication, and resolution and be associated with domestic violence, especially during separation or divorce.

Challenging Negotiations
People with narcissistic tendencies often demand to get their way and may refuse compromise. In attempting to settle a property division or agree on child arrangements, they might belittle your position, make excessive financial claims, or weaponise minor procedural delays. These dynamics often stall or delay traditional negotiations and be not only frustrating and upsetting but also unnecessarily increase your legal costs. We understand the problem.

Communication Difficulties
Communication can become particularly difficult, and conversations may turn hostile or manipulative. Narcissists may use gaslighting, blame-shifting, or stonewalling to gain control. This makes reaching clear, cooperative agreements difficult and emotionally draining.
Escalation into Court

If negotiation or mediation breaks down, matters may escalate to litigation. Narcissistic parties often push for adversarial court intervention, and this can occur even when alternative dispute resolution may be quicker and less costly.

Why Expert Legal Support Matters
When you’re dealing with a narcissistic personality, you need more than general advice. What you need is a good strategy and someone to work alongside you in achieving your end goal. Here’s why Doolan Callaghan Family Lawyers can help:
• We have expertise in dealing with narcissistic parties and difficult personalities. Our specialist family law team is experienced in managing clients whose former partners are controlling, combative, or manipulative, keeping focus on outcomes rather than conflict.
• We adopt a tailored negotiation approach. We carefully structure communications to minimise emotional manipulation and avoid escalation into costly litigation.
• If court becomes necessary, our team is strong in court strategy and representation, founded on deep specialist experience in family law.
• We provided clear and empathetic guidance. From your first consultation and throughout, we explain applicable law, we outline your options, and we give practical advice. We work hard to make you feel empowered and supported from day one.

Located across Sydney’s Northern Beaches and North Shore, Doolan Callaghan is a trusted specialist family law firm. We focus exclusively on family law. We can help you move forward with strength and know how to navigate matters that involve complex personalities and emotional dynamics.

How to Get Started
Contact us for a free 15 minute telephone chat with one of our lawyers, or make a time for an initial consultation in person or via zoom or teams.

Doolan Callaghan Family Lawyers is a specialised family law firm located on Sydney’s Northern Beaches.

02/07/2025

My parents gave me money to buy a property – what happens if we break up?

How the Australian Family Court deals with money advanced by parents of a party following a separation

In the modern world of exorbitant property prices underpinned by a cost-of-living crisis, there has been an observed increase in parental generosity to assist their children get a foot in the door in the Australian property market. Often, those parents with the capacity to do so are willing to help their child, though have reservations about what will happen to the money they advance should their child go through a separation (or divorce). This article will examine how the Family Court (FCFCOA) deals with money advanced by one party’s parent(s) in the context of a de facto separation or marriage breakdown.

Is it a gift or a loan?

The starting point is to analyse the intention of the money advanced – was it a gift or a loan? Arguably, this is one of the most common preliminary questions that the Family Court faces when money has been advanced by one party’s parent before, during or after a relationship.

Sometimes, there will be an enforceable, documented loan agreement. Often, this is not the case. In the absence of documentation or other admissible evidence that the circumstances of the transaction should be categorised as a loan (or any other recognisable commercial transaction), the money will likely be deemed a gift.

Was it a gift to one of or both parties?

In the Family Court, the starting point is that the money will be treated as having been gifted only to the child of the parent unless there is evidence that establishes it was not the intention of the donor parent to benefit only their child (and by extension, the party’s spouse or de facto partner). Therefore, the evidentiary burden effectively shifts to the spouse (or de facto partner) who is not the child of the generous parent to convince the Court that they did not intend to only benefit their child.

How is a gift from a parent treated by the Family Court following a separation?

Unless the party who is not the child of the generous parent is able to establish that they intended to gift the money to both parties, the contribution of the generous parent will be taken to be a contribution made by or on behalf of the party who is the child of the generous parent only.

However, it is important to remember that the contributions assessment undertaken by the Court is not done so arithmetically or by way of “overly pernickety” analysis (quoting leading case law). The discretionary exercise is undertaken holistically, and the gift from the generous parent is weighed with consideration to the myriad of all the other contributions made by both parties throughout the whole course of the relationship (including before and after). There are a number of other factors to consider including but not limited to: the length of the relationship, whether there are any children of the relationship, the other assets of the parties, and both party’s current and future circumstances. Everyone’s situation is unique and there is no single answer.
Therefore, if you have recently separated (or are contemplating a separation), and either (or both of) your parent or your partner’s parent have given money to either of you, it is important to get tailored advice as to how that money will be treated and your entitlements from family law specialists such as those at Doolan Callaghan Family Lawyers.

Our North Shore and Northern Beaches family law specialists’ team have over 80 years of combined family law experience.

Call us on 02 9984 7411 to book your initial consultation with a family law specialist.

Doolan Callaghan Family Lawyers is a specialised family law firm located on Sydney’s Northern Beaches.

18/06/2025

New Australian Family Law: who keeps the pet after a break up?
What are the new pet custody laws 2025?
Despite many people considering their pets to be their fur-babies, until very recently, following the breakdown of a marriage or de facto relationship, the Family Court (Federal Circuit and Family Court of Australia) has treated pets the same way as any other item of property (asset). With the new amendments to the Family Law Act (that took effect on 10 June 2025), a new definition of ‘companion animal’ has been inserted with a suite of considerations for orders concerning companion animals (pets) upon the breakdown of a marriage (or de facto relationship).
The changes don’t go as far as to allow “parenting” orders or pet custody (including shared pet custody) arrangements to be made for companion animals – contrarily, as detailed below, orders can only be made for one person (or third party) to have ownership of the family pet following a break up.
What is a companion animal in family law?
A companion animal is an animal kept by the parties to a marriage (or de facto relationship) or either of them, primarily for the purpose of companionship, however, does not include:
a) An assistance animal.
b) An animal kept as part of a business.
c) An animal kept for agricultural purposes.
d) An animal kept for use in laboratory tests or experiments.
For convenience, we will refer to a companion animal as a family pet for the remainder of this article.
What types of pets are considered companion animals?
Any animal kept primarily for the purpose of companionship that does not fall into one of the categories mentioned above, therefore: dogs, cats, horses, rabbits, guinea pigs, turtles, snakes, fish and birds could all potentially be classed as companion animals.
What orders can be made for a family pet following a separation?
There are only 3 types of orders that the Family Court can make concerning a family pet, they are:
a) One party to the marriage (or de facto relationship), or one person joined to the proceedings, having ownership of the family pet. It is important to note that only one person can be ordered to have ownership – not both (or more) parties.
b) Transfer of the family pet to a third person (who has consented to the transfer).
c) Sale of the family pet.
What factors will the Court consider when making orders for a family pet?
There are 8 factors that the Court is to take into account (so far as they are relevant) when the Court is considering what orders to make with respect to a family pet (including when dealing with pet ownership disputes in the context of a break up). Interestingly, these factors outnumber the best interest factors that a Court must consider when determining what orders to make in relation to children.
The factors are:
a) The circumstances in which the family pet was acquired.
b) Who has ownership or possession of the family pet.
c) The extent to which each party cared for, and paid for the maintenance of, the family pet.
d) Any family violence to which one party has subjected or exposed the other party.
e) Any history of actual or threatened cruelty or abuse by a party towards the family pet.
f) Any attachment by a party, or a child of the marriage, to the family pet.
g) The demonstrated ability of each party to care for and maintain the family pet in the future, without support or involvement from the other party.
h) Any fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account.
Okay, so who gets the dog if we get a divorce?
It depends.
Every case is uniquely different, and the likely outcome depends on an individualised assessment of the abovementioned factors.
Further, as these new laws have only just taken effect, it will take some time for the case law to develop and a suite of precedent decisions to provide important guidance.
If you have recently separated, or are considering a separation, and are concerned as to what will happen to your dog, cat, or any other family pet, the first step is to book an initial consultation with the experienced family law specialists at Doolan Callaghan Family Lawyers.
Our North Shore and Northern Beaches family law specialists’ team have over 80 years of combined family law experience.
Call us on 02 9984 7411 to book your initial consultation with a family law specialist.

21/05/2025

Post-Separation Debt in Family Law Matters

The treatment of post-separation debt in family law property settlements is nuanced and highly fact-dependent. The Family Law Act 1975 (Cth) and relevant case law provide the framework for how courts approach these liabilities.

The general principles as to how the Federal Circuit and Family Court of Australia deals with post separation debt are as follows:

Date of Assessment
The Court identifies and values the parties’ property, liabilities, and financial resources as at the date of the hearing, not the date of separation. Therefore, until there is a formal property settlement, both parties’ finances remain intertwined and their respective property (including assets acquired and debts incurred) remains relevant to the property pool.

Purpose, Benefit and Judicial Discretion
The Court examines the purpose for which the debt was incurred. If the debt was incurred for the benefit of the family or joint purposes such as maintaining a joint asset or meeting reasonable living expenses, it may be included in the asset pool. However, if the debt was incurred unreasonably, negligently or recklessly, it is less likely to be included in the asset pool and may be attributed solely to the party who incurred it. The Court has the power to use its discretion to make this determination.

Evidence and Disclosure
The onus of proof to have post separation debt included in the asset pool is on the party who is seeking to include the post-separation debt. This party must provide evidence that the debt was incurred for the benefit of both parties or the family. Lack of evidence or disclosure may result in exclusion from the asset pool.
Just and Equitable Outcome
The Court’s overriding consideration is whether including or excluding the debt is just and equitable in the circumstances of each case.

Next Steps
If you are seeking advice as to the division of your matrimonial property and/or have concerns in relation to debt that has been incurred after separation, contact us to speak to, or make an appointment with, one of our Family Lawyers. Doolan Callaghan Family Lawyers have a team of experienced family law specialists who can guide and advise you, and assist in resolving your family law matter.

Our Northern Beaches and North Shore family law specialists’ team have over 80 years of combined family law experience.

Call us on 02 9984 7411 or email us at [email protected].

08/05/2025

We are delighted to announce that Alexandra Monteiro Willcock, Special Counsel, has joined the team at Doolan Callaghan Family Lawyers.

With a distinguished legal career spanning over 26 years, Alexandra has dedicated her professional life to the practice of Family Law, advocating for clients with skill, compassion, and unwavering integrity. As Special Counsel, Alexandra is a highly experienced practitioner with dual legal qualifications in both Australia and South Africa.

Her legal journey began in South Africa, where she was called to the Johannesburg Bar and practiced as a barrister for 20 years. During this time, she established herself as a formidable advocate, known for her depth of knowledge, strategic insight, and commitment to achieving the best outcomes for her clients. Her South African practice focused on complex parenting disputes, financial settlements, and high-conflict litigation, earning her a reputation for excellence across the legal community.

Converting her legal qualifications in 2017 and 2018 in order to practice in Australia, Alexandra and her family relocated to Australia’s beautiful Northern Beaches in 2019.

Since then, Alexandra has continued to build a thriving practice in Family Law, bringing her extensive international experience to the Australian legal landscape. Alexandra has helped countless individuals and families navigate some of the most emotionally charged and legally complex aspects of their lives, including parenting arrangements, property division, financial settlements, and spousal maintenance. Her clients benefit from her calm and measured approach, her ability to provide clear, practical advice, and her deep understanding of both the legal and human dimensions of family conflict.

Alexandra is passionate about empowering her clients, ensuring they are informed and supported throughout their legal journey. She is particularly adept at managing sensitive matters with discretion and empathy, always working towards solutions that prioritize the wellbeing of children, and the long-term interests of the families involved.

Her cross-jurisdictional experience, combined with her unwavering dedication to her clients and her passion for family law, make Alexandra a respected and trusted figure in the legal profession. She is proficient in Afrikaans and fluent in Portuguese.

Alexandra lives on Sydney’s Northern Beaches with her husband, children, and their beloved pets. A true lover of the outdoors, Alexandra enjoys spending her free time exploring nature, and embracing the coastal lifestyle.

Doolan Callaghan Family Lawyers is thrilled to have Alexandra, a highly experienced local Northern Beaches Family Lawyer, join their family law team.

11/04/2025

We are expanding!

An exciting new position has arisen for a Paralegal/Legal Assistant in our family law firm.

About Us

Doolan Callaghan Family Lawyers is a dynamic, established and reputable family law firm serving the Northern Beaches and North Shore. We are a team of specialist family lawyers and our firm is well known for its expertise and knowledge in family law. Our team culture, energy and enthusiasm assists us in dealing with our clients in a broad range of family law matters.

About the Role
We are a specialist family law firm with a diverse and growing client base. We are seeking a Paralegal/Legal assistant to join our team. Ideally you would have experience working in a family law firm as a paralegal/legal assistant, or are currently studying law with an interest in family law and have office experience.

As a Paralegal, you will be responsible for a range of tasks including:

• Assisting on lawyer’s files
• Interaction with clients (including some reception and diary management)
• E-filing
• Typing
• File Management
• Computer and data entry (use of Adobe & Microsoft Office)
• Collating of documents
• General office duties including photocopying; scanning and day to day office matters

You will feel appreciated and supported in a friendly environment where we work together and draw on our collective expertise and experience to help our clients achieve the best possible outcome. Scope exists for your progression in the firm.

We are looking for someone who is:

• Keen to learn
• Resourceful and reliable
• Proficient with computers and IT
• Cheerful, enthusiastic and passionate about their work
• Highly organised with excellent oral and written communication skills
• A team player; and
• Has a positive mindset

Lifestyle Plus
We appreciate both employees and employers benefit from a healthy life work balance. We also appreciate you may have particular study or family commitments. We are seeking someone on a full time basis, however flexible hours will be considered for the right applicant.

Our idyllic office is new, modern, airy and cheerful. We are conveniently located behind Westfield shopping centre at Brookvale in the “Lifestyle” Building which boasts a pool and café as well as open outdoor working spaces and conference rooms.

Please email your CV to [email protected]

25/06/2024

What is a Binding Financial Agreement (BFA) and how do I get one?

When someone in Australia is talking about a Binding Financial Agreement (BFA) they are generally referring to what is colloquially known as a “prenup” or prenuptial agreement. However, BFA’s can also operate as a contractual arrangement to finalise a marriage or de facto relationship (in lieu of Court Orders), and they can also be entered into during a marriage (or de facto relationship).
In real terms, BFAs should be simply referred to as financial agreements, as it is ultimately the Court who will determine whether they are binding in the event of challenge. In deciding whether a financial agreement is binding, the Court will consider the circumstances surrounding its creation, including whether strict legal technical requirements have been complied with.

A BFA can determine how in the event of a breakdown of marriage (or de facto relationship), all or any of the parties’ assets or financial resources of either or both of them, spousal maintenance matters, or matters incidental or ancillary to those, are dealt with. They can be an effective means of protecting a partner’s assets that they have brought into the relationship, and gifts and inheritances received, which is becoming increasingly more common in the current economic climate where the “bank of mum and dad” is being called upon to help their children get into the property market.

When can a BFA be set aside?
The Family Law Act provides an exhaustive list of reasons that a Court may decide to exercise its discretion to set aside a BFA.
Some of the most common reasons that we see result in BFAs being set aside are the following:
1. Failure to disclose material matters (fraud).
2. The agreement is unenforceable or void as it is procured in circumstances where one party has effectively been forced to enter into it by the other party (similar to a “shotgun wedding”).
3. The parties have failed to adequately consider how having a child or children impacts upon their agreement.

How do I get a BFA?
If you need assistance with having a BFA prepared or are seeking advice as to whether an existing BFA that you have entered into could be challenged, the first step is to book an initial consultation with the experience

Our North Shore and Northern Beaches family law specialists’ team have over 80 years of combined family law and BFA experience.
Call us on 02 9984 7411 to book your initial consultation with a BFA and family law specialist.

08/04/2024

Deborah is the Principal of Doolan Callaghan Family Lawyers and is a NSW Law Society Accredited Specialist in Family Law. Deborah is also a Nationally Accredited Mediator; a qualified Collaborative Lawyer and a Member of the Family Law Section of the Law Council of Australia. Deborah is dedicated to helping couples reach agreement about issues that arise following the breakdown of their relationship. Her commitment, understanding and practical approach together with her extensive family law experience ensures her clients receive a unique and personal service and optimum outcomes.

Deborah is experienced in all areas of family law, including:

Divorce and separation
Property settlements
Parenting arrangements (child custody)
Child Support
Spousal Maintenance
De facto relationships
Court representation
Domestic Violence
Mediation and Dispute Resolution
Collaborative Doolan Callaghan Family Lawyers

Deborah is very aware of the stressful and emotional time separating couples experience, particularly when children are involved, and her main objective is to achieve the best possible outcome for her clients while providing them with a supportive and understanding approach.

Doolan Callaghan Family Lawyers is a specialised family law firm located on Sydney’s Northern Beaches.

19/12/2023

Doolan Callaghan Family Lawyers wish you the compliments of the season and take this opportunity to advise that our office will be closed on Thursday 21 December 2023 from 3.00pm and will re-open on Monday 08 January 2024 at 9.00am.

11/12/2023

Your Options

There are a number of different options or pathways available to you in family law. It may be that your matter is suitable for mediation or collaborative law. Alternatively, a negotiated settlement by correspondence or a round-table settlement conference may be best for your matter. Each matter is unique and different personalities also suit different approaches. We can assist you in deciding which pathway or option is best for your family.

We are very proud of our record of resolving most matters without the need for the Court’s intervention. We act for our clients in a professional, amicable manner that allows clients to reach timely and effective solutions and to move on with their lives with dignity. This is particularly important when there are children involved and parents still need to be able to communicate about their children an ongoing basis.

But sometimes Court proceedings are necessary. That might occur when the other person refuses to negotiate or if there is some urgency or if negotiations break down, and in those situations we have the experience, determination and expertise to represent you and achieve the optimum outcome on your behalf.