Frequently Asked Questions
General Legal FAQs
Look for a lawyer with experience in the relevant area of law, transparent fees, strong client reviews, and a communication style that suits your needs. The right lawyer should explain your options clearly and provide practical advice tailored to your circumstances.
Legal fees vary depending on the complexity of the matter, the lawyer’s experience, and the area of law. Many firms offer fixed-fee services for certain matters, while others charge hourly rates. Always request a written costs agreement before proceeding.
While you can represent yourself, having an experienced lawyer can significantly improve your understanding of the process and help ensure your rights and interests are protected.
Bring any relevant documents, correspondence, court paperwork, contracts, photographs, or notes that may assist your lawyer in understanding your matter.
Yes. Many law firms offer telephone and video consultations, making legal advice accessible regardless of your location.
Timeframes vary depending on the court, the complexity of the case, the parties involved, and whether the matter settles or proceeds to a hearing.
A fixed-fee service provides certainty by outlining the cost of legal work upfront, rather than charging based on time spent.
Generally, communications between a lawyer and client are protected by legal professional privilege and are kept confidential.
Yes. Clients are generally entitled to change lawyers at any stage of their matter, subject to payment of outstanding costs and file transfer arrangements.
Depending on your circumstances, you may be eligible for legal aid, community legal services, or alternative funding arrangements.
Mediation is a process where an independent mediator assists parties in resolving disputes without the need for a contested court hearing.
Solicitors generally manage a matter day-to-day, while barristers are often engaged to provide specialist advocacy and advice in more complex matters.
This depends on the lawyer’s practising certificate and the jurisdiction involved. Many firms operate across multiple states and territories.
You should obtain legal advice promptly. There are often strict deadlines for responding to court proceedings.
Write down a timeline of events, gather relevant documents, and prepare a list of questions you would like answered.
Not necessarily. Many legal disputes resolve through negotiation, mediation, or settlement before reaching a final hearing.
Yes. Most firms communicate regularly by email, phone, and video conferencing.
It is a legal protection that keeps certain communications between a lawyer and client confidential from disclosure.
Ask about experience, likely outcomes, costs, timeframes, communication expectations, and available options.
Early legal advice can help identify risks, preserve evidence, and often improve the prospects of achieving a favourable outcome.
Criminal Law FAQs
Remain calm, exercise your right to seek legal advice, and avoid participating in an interview until you have spoken with a lawyer.
In most situations, you are not required to answer police questions beyond providing certain identifying details. Obtain legal advice before participating in an interview.
A police interview is a formal process where police ask questions about alleged offending. The interview may be recorded and can later be used as evidence.
Every situation is different. You should obtain legal advice before deciding whether to participate.
Bail is permission to remain in the community while criminal charges are before the court, subject to conditions.
Many people are granted bail, although eligibility depends on factors such as the alleged offending, criminal history, and risk considerations.
The first appearance is often an administrative hearing where the matter is discussed and future steps are determined.
A mention is a court appearance where the parties discuss the status of the case and determine how the matter will proceed.
A guilty plea is an admission to the offence and allows the court to proceed to sentencing.
A not guilty plea means the prosecution must prove the allegations beyond reasonable doubt.
The court will consider the circumstances of the offence, your personal circumstances, and submissions before imposing a sentence.
This depends on the offence, the jurisdiction, and the outcome imposed by the court.
Yes. In some cases, charges may be withdrawn following negotiations, evidentiary issues, or other developments.
Some jurisdictions offer diversionary programs that allow eligible matters to be dealt with without a formal finding of guilt.
A contested hearing is where evidence is presented and the court determines whether the allegations are proven.
The prosecution must generally prove the allegations beyond reasonable doubt.
This depends on any bail conditions and the nature of the proceedings.
An intervention order is a court order designed to protect a person from family violence, stalking, harassment, or other prohibited behaviour.
Yes. Intervention order proceedings can interact with related criminal allegations and should be managed carefully.
Breaching an intervention order can be a criminal offence and may result in further charges.
Your rights depend on the circumstances and the type of search. Seek legal advice if you have concerns about the legality of a search.
Police powers vary across jurisdictions and circumstances. Legal advice should be obtained regarding your specific situation.
A sentencing hearing is where the court determines the appropriate penalty after a finding or plea of guilt.
Courts consider the seriousness of the offence, personal circumstances, remorse, rehabilitation, prior history, and other relevant factors.
Appeal rights may be available depending on the circumstances and applicable time limits.
In some situations, a person may appeal if they believe the sentence was manifestly excessive or otherwise affected by error.
Some jurisdictions use sentencing orders requiring a person to be of good behaviour for a specified period.
Spent conviction schemes may limit when certain convictions need to be disclosed, subject to exceptions.
Some traffic offences may result in a criminal record, while others are dealt with as regulatory offences.
You should obtain legal advice as soon as you become aware of a police investigation, receive a summons, or are charged with an offence.
Employment Law FAQs
It depends on the circumstances. While serious misconduct may justify immediate dismissal, many employees are entitled to procedural fairness, warnings and an opportunity to respond before termination.
Unfair dismissal occurs when an employee is dismissed in a manner that is harsh, unjust or unreasonable. Strict eligibility requirements and time limits apply.
Generally, unfair dismissal applications must be lodged within 21 days of the dismissal taking effect.
Many employees are entitled to redundancy pay when their position is genuinely made redundant. The amount depends on factors such as length of service.
Workplace bullying should be documented and reported through the appropriate workplace channels. Legal remedies may also be available.
This depends on your employment contract, award, enterprise agreement and the circumstances. Employers cannot always make unilateral changes.
Discrimination occurs when a person is treated unfairly because of a protected attribute such as age, sex, race, disability, religion or pregnancy.
Employees are generally protected from dismissal for temporary absences due to illness or injury in certain circumstances.
Yes. Casual employees may have rights relating to workplace safety, discrimination, underpayments and, in some circumstances, unfair dismissal.
General protections claims arise where adverse action is taken against an employee because they exercised a workplace right or possess a protected attribute.
In many circumstances employers may monitor workplace systems, although privacy obligations and workplace policies remain relevant.
Most permanent employees accrue annual leave under the National Employment Standards.
Employees who have been underpaid may be entitled to recover unpaid wages, superannuation, penalty rates and other entitlements.
Recording conversations may be lawful in some circumstances and unlawful in others. The applicable law differs between jurisdictions.
A restraint of trade clause seeks to restrict an employee’s activities after employment ends. Whether it is enforceable depends on the circumstances.
Notice obligations are often governed by employment contracts, awards and legislation. Failing to provide notice may have consequences.
Employees are generally entitled to procedural fairness during workplace investigations and disciplinary processes.
In some circumstances an employer may direct an employee to take annual leave, particularly where the direction is reasonable.
Constructive dismissal occurs when an employee resigns because the employer’s conduct effectively leaves them with no real choice but to do so.
It is generally best to obtain legal advice as soon as a workplace issue arises, particularly where dismissal, disciplinary action, discrimination, bullying or underpayment concerns are involved.
Family Law FAQs (Separation & Divorce)
No. Property settlement and divorce are separate legal processes. Many people finalise their financial arrangements before applying for a divorce.
Generally, you must be separated for at least 12 months before applying for a divorce in Australia.
Yes. Separation under one roof is recognised where the relationship has ended despite living at the same address.
You may still be able to apply for a sole divorce application provided the legal requirements are met.
Family Law FAQs (Parenting Matters)
The focus is always on the best interests of the child. Parents are encouraged to reach agreement where possible, with Court proceedings available if agreement cannot be reached.
Relocation can significantly affect parenting arrangements and should be discussed with a lawyer before any move is made.
In appropriate circumstances, grandparents may seek orders allowing them to spend time or communicate with their grandchildren.
Depending on the circumstances, the Court has a range of powers to address breaches of parenting orders.
Family Law FAQs (Property Settlements)
There is no automatic 50/50 split. Each matter depends on contributions, future needs and what is just and equitable.
Yes. Superannuation is treated as property and may be divided between parties.
Not always. Many property matters resolve through negotiation or mediation without Court proceedings.
Strict time limits can apply following divorce or the end of a de facto relationship, so early legal advice is important.
Family Law FAQs (Child Support)
Child support is generally assessed using a legislative formula that considers income, care arrangements and other relevant factors.
Yes. In many situations parents can enter into private child support agreements that provide greater certainty and flexibility.
Family Law FAQs (Financial Agreements)
A Binding Financial Agreement is a private agreement that can regulate financial matters before, during or after a relationship, provided strict legal requirements are met.
Yes. Independent legal advice is generally required for a Binding Financial Agreement to be binding.
Family Law FAQs (Family Violence)
Yes. Allegations or findings of family violence may influence parenting arrangements where relevant to a child’s safety and wellbeing.
If you fear for your safety, you may be able to seek a Family Violence Intervention Order.
Family Law FAQs (General)
The earlier you obtain legal advice, the more options you are likely to have and the easier it is to avoid costly mistakes.
Most family law matters in Australia are dealt with in the Federal Circuit and Family Court of Australia. It handles divorce, parenting and property disputes under national family law legislation.
In many respects, yes. De facto partners can have similar rights to married couples regarding property and financial matters, provided the relationship meets the legal definition of a de facto relationship.
A de facto relationship generally exists where two people live together on a genuine domestic basis as a couple. Factors such as the length of the relationship, shared finances and living arrangements are relevant.
A consent order is a written agreement approved by the Court. Once made, it has the same effect as an order made by a judge after a hearing.
A parenting plan is a written agreement between parents that is not legally enforceable, while a consent order is approved by the Court and is legally binding.
Family dispute resolution is a form of mediation that helps separating families reach agreement about parenting and financial matters without going to Court.
For most parenting matters, parties are generally required to attempt family dispute resolution before applying to the Court, unless an exception applies.
A section 60I certificate is issued by a family dispute resolution practitioner and is generally required before filing a parenting application in Court.
Yes. Parenting arrangements can be varied where circumstances change significantly, either by agreement or through the Court.
There is no fixed age. A child’s views may be taken into account depending on their maturity and understanding, but the decision ultimately rests on their best interests.
It is the central principle in parenting matters. The Court considers factors such as the child’s safety, their relationships with each parent and the benefit of meaningful involvement from both parents where safe.
An Independent Children’s Lawyer represents the best interests of a child in Court proceedings and is separate from either parent’s legal representation.
Jointly owned property forms part of the asset pool to be divided. How it is dealt with depends on the overall settlement rather than simply who is on the title.
Not necessarily. The Court looks at the whole asset pool, including assets held individually, when determining a just and equitable outcome.
Inheritances may be taken into account depending on when they were received and the circumstances of the relationship. Each situation is assessed individually.
Parties have a duty of full and frank financial disclosure. The Court has powers to address situations where a party fails to disclose assets.
Spousal maintenance is financial support that one party may be required to pay the other where that person cannot adequately support themselves and the other has capacity to pay.
Child support relates to the financial support of children, while spousal maintenance relates to the support of a former partner. They are assessed separately.
Yes. A child support assessment can be reviewed where there is a significant change in income, care arrangements or other relevant circumstances.
In Australia, a pre-nuptial agreement takes the form of a Binding Financial Agreement entered into before marriage. It sets out how financial matters will be dealt with if the relationship ends.
Yes. In certain circumstances, such as non-disclosure or where strict legal requirements were not met, a Court may set aside a Binding Financial Agreement.
A Family Violence Intervention Order is aimed at protecting a person’s safety, while a parenting order deals with arrangements for children. In some cases they interact, and legal advice is important.
In some circumstances, family violence may be relevant to a property settlement where it has affected a party’s contributions or future needs.
Helpful documents include identification, details of assets and liabilities, income information, and any existing agreements or Court orders. Bringing these can make your first appointment more productive.
Timeframes vary considerably. Matters resolved by agreement are generally quicker, while contested Court proceedings can take significantly longer.
Many matters resolve without a final hearing. Where a hearing is required, family law proceedings are subject to strict privacy restrictions on publication.
You can, but family law can be complex. Obtaining legal advice helps you understand your rights and obligations and can help avoid costly mistakes.
Yes. Grandparents are recognised in family law and may, in appropriate circumstances, apply for orders to spend time or communicate with their grandchildren.
