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Mahony's Lawyers believe that the legal system doesn't have to be slow and expensive. Mahony's Lawyers pride themselves on helping many financially disadvantaged clients obtain successful legal results.
Mahony's Lawyers specialise in the following areas:
We understand that legal proceedings can often arise out of distressing or traumatic events. We are experienced in making the legal process as simple as possible and explaining it to you in a straightforward manner.
We have experience in both small and large personal injury claims. Mahony's Lawyers have specialist knowledge to help you obtain compensation which you are rightfully entitled to.
For all mail outs, please send to PO Box 21, Campbelltown 5074
Civil Disputes, Medical Negligence, Motor Vehicle Accidents
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A husband, wife or de facto spouse can apply to the Federal Circuit Court of Australia for a property settlement and/or spousal maintenance at any time after separation. The time limit for applying for a property settlement in the Court is 12 months following a grant of divorce (two years following separation in the case of de facto relationships).
A husband or wife can apply solely or jointly for divorce in the Federal Circuit Court of Australia provided the parties can show that there has been an irretrievable break down of the marriage and that they have been separated for a period of 12 months. A husband or wife can be deemed to be separated even if they decide to reside under the one roof at the same address post separation.
Each case is different. A husband, wife or de facto may be entitled to 50% of the asset pool although there are various factors which could increase or decrease a party’s entitlement such as whether there are children of the parties, with whom the children are living, contributions of the parties both financial and non financial, the length of the marriage or de facto relationship and future needs.
Separation is difficult for everyone involved including the children. If parties can reach an agreement with respect to parenting matters including care arrangements for the children and parental responsibility it is beneficial for the children. The paramount consideration must be what is in the best interests of the child. Mediation at a community based centre is appropriate in circumstances where there is conflict between parents regarding who the children will live with.
In circumstances where you have been locked out of the house it is now appropriate to seek legal advice. We would recommend you obtain stable accommodation and if the children are in your care that the children are somewhere safe for the time being. Your lawyer can assist you with engaging in negotiation with your former spouse in order to reach a resolution in respect of property settlement matters and your entitlement to the house.
An Intervention Order may be issued by the Police if domestic violence is occurring between parties. This can often restrict one party from coming into contact with the other party and/or the children. In circumstances where an Intervention Order has been issued against you it may prevent you from seeing your children and proceeding to mediation. In these circumstances you will need to seek assistance from a Family lawyer to apply for Court Orders to proceed the case.
Depending on the length of the relationship it may be that your former-spouse is entitled to a portion of your superannuation. In long marriages and de facto relationships it is likely that there will be a equalisation of the total combined superannuation of the parties. In shorter relationships this is less likely. Each case is different and we provide specific advice tailored to each of our clients’ circumstances.
Various matters will be taken into account with respect to property division in circumstances where matters proceed to Court or negotiated by the parties. These factors are set out in the Family Law Act. For example the length of the marriage, financial and non financial contributions at the commencement of the marriage and during the marriage and the future needs of the parties.
In circumstances where there is a high level of conflict between parents and in circumstances where there are serious safety issues including violence, sexual abuse, neglect, drug/alcohol issues or children showing signs of distress, the Court will often appoint an Independent Childrens' Lawyer to assist the Court with what is in the best interests of the child.
As an injured worker, you are entitled to income maintenance (weekly payments) for two years from the date of your first entitlement. Your income maintenance can be reduced or discontinued for various reasons during the two years, such as if you cease to be incapacitated for work or you fully return to work.If you have been receiving weekly payments for your work injury under the Return to Work Act, your entitlement to payment of medical expenses ceases 12 months after your weekly payments.
