Solicitor Advocacy Services

There is a volume of hearing and court work caused by the 2021 reforms of the FCFCOA which previously did not exist and the legal profession has not kept up with that increase in volume of work – there is a shortage of advocates caused by the reforms and our business model is intended to assist with addressing that shortage.

We are able to appear as solicitor advocates at:

1. Final Hearings;

2. Interim Hearings;

3. complex directions hearings before SJRs and Judges/Justices;

4. Subpoena hearings; 

5. Enforcement hearings; 

Our interim hearing and enforcement work generally attracts a day rate of $3,850.00 (GST incl) inclusive of prep.

We undertake work for law firms on a task-by-task basis or on a retainer basis where you can pay us a monthly amount and call us any time during business hours for quick or more detailed advice or you can engage us specifically for a matter as a consulting lawyer. 

The types of tasks that we do:

1. Drafting financial agreements (pre-nuptial, post-nuptial & ante-nuptial), consent orders, Applications for Consent Orders; Deeds of Release under the Succession Act, Child Support Agreements; 

2. Letters to experts, valuers, psychologists/psychiatrists or medico-legal experts, engaging shadow experts, questions to experts; 

3. Advice on specific questions of law and opinions on settlement offers; 

4. Advice on joinder Applications, 106B transactions or declaratory relief; 

5. Advice on equity and trusts and the intersection with family law disputes;

6. Assistance with Points of Claims, Pleadings and Particulars; 

7. Advice on tandem applications before various courts;

8. Advice on Enforcement work – enforcement hearings, warrants for possession, appointments of trustees, seizure and sale, third-party debt notices etc;

Our limited retainer work is charged at $500.00 (plus GST) per hour. We are able to charge flat fees (and generally do).

We accept appointments to act as trustees on sales in each of the FCFCOA and other courts. 

Trustees on sale take the role of selling property for parties who are unable to agree and they also undertake the role of:

1. Directing a sale; 

2. Engaging and liaising with an agent;

3. Valuing property on behalf of parties; 

4. Engaging and liaising with a conveyance;

5. Obtaining tax advice; 

6. Obtaining advice from the court through which they were appointed and at times engaging legal representation to bring and resist applications; 

In many instances parties require independent representatives engaged to represent their interests when they are incapable of doing this themselves (by physical or mental incapacity). 

Our firm is able to accept appointments as a litigation guardian. We can help you through the process of securing the appointment, gathering the evidence necessary for such an appointment and also acting when there is no appropriate person immediately available to the subject party. 

For more information, please see: https://www.fcfcoa.gov.au/fl/litigation-guardians 

At times and on rare instances people may have rights to secure search orders under the FCFCOA Rules or in related proceedings before the Supreme Court. When orders are made for such orders parties require an independent solicitor to be involved in the process associated with search and seizure of evidence. The work undertaken in such an order by an independent solicitor includes:

(a) serve the order, the notice of motion applying for the order (if applicable), the affidavits relied on in support of the application, and the originating process;

(b) offer to explain, and, if the offer is accepted, explain the terms of the search order to the respondent;

(c) explain to the respondent that he or she has the right to obtain legal advice;

(d) supervise the carrying out of the order;

(e) before removing things from the premises, make a list of them, allow the respondent a reasonable opportunity to check the correctness of the list, sign the list, and provide the parties with a copy of the list;

(f) take custody of all things removed from the premises until further order of the Court;

(g) if the independent solicitor considers it necessary to remove a computer from the premises for safekeeping or for the purpose of copying its contents electronically or printing out information in documentary form, remove the computer from the premises for that purpose, and return the computer to the premises within any time prescribed by the order together with a list of any documents that have been copied or printed out;

(h) submit a written report to the Court within the time prescribed by the order as to the execution of the order; and

(I) attend the hearing on the return day of the application, and have available to be brought to the Court all things that were removed from the premises. On the return day the independent solicitor may be required to release material in his or her custody which has been removed from the respondent’s premises or to provide information to the Court, and may raise any issue before the Court as to execution of the order.

https://www.judcom.nsw.gov.au/publications/benchbks/civil/search_orders.html