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    • Medical Negligence
    • Women’s Health
          • Women’s Health

            We know that there is disparity in women’s health care, treatment, and support. We are committed to improving the lives of women and strongly advocating for their wellbeing.  That is why we take a stand and hold medical professionals accountable when medical care falls short of expected standards by delivering the best outcome in medical negligence claims affecting women.

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    • Hospital Negligence
          • Hospital Negligence

            We understand you may feel let down because you have experienced inadequate or negligent care and treatment in a hospital or medical facility. Your wellbeing is most important to us and we are committed to supporting you with compassion and holding medical professionals accountable for breach of duty and negligent care.

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    • Clinical Support
          • Clinical Support

            Experiencing poor or adverse outcomes from allied health treatment can be distressing and life changing. We are here to support you through your claim and it is our aim to hold allied health professionals accountable for their breach of care by delivering the outcome you deserve to your negligence claims.

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    • I need help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Personal Injury
          • Personal Injury

            If you have been injured because of someone else’s negligence, our specialist team of Personal Injury Lawyers is here to support you with compassion and understanding providing you with the right advice. Our team has substantial experience and expertise in these matters to deliver the outcomes you deserve from your claim.

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    • Work Injury
    • Motor Vehicle Accidents
          • Motor Vehicle Accidents

            We are here to support you and give you the clarity, guidance and the right legal advice if you have been injured in a motor vehicle accident. Our compassionate team of professionals in Personal Injury law have the technical expertise and a wealth of experience to win you the compensation you deserve.

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    • Public Liability
          • Public Liability

            Our specialist team in Personal Injury law is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have cutting edge expertise and experience in public liability claims to deliver the outcome you deserve.

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    • Abuse
          • Institutional Abuse

            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

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    • Workers Compensation
          • Workers Compensation

            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

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    • School Negligence
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Wills & Estate Planning
          • Wills and Estates

            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

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    • Powers of Attorney
    • Contest A Will
          • Contest A Will

            We have immense experience and specialised knowledge in family provision and wills disputes Where you have not been properly and adequately provided for under a will or where you suspect that the person making the will may not have had capacity or exercised their own free will, you need a lawyer with extensive experience and expertise. Our team of Lawyers will  provide you with advice and representation for your unique situation and deliver the best outcomes for your case.

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    • Probate & Deceased Estates
    • Enduring Guardian
    • Family Provision
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Other Services Overview
          • Conrad Curry Can assist you with a variety of services

            Our solicitors are highly experienced in providing you with expert legal advice and will keep you informed every step of the way. It’s good to know that our firm is trusted and effective with a high success rate.

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    • Professional Negligence
          • Professional Negligence

            We rely on professionals in all aspects of our lives to provide us with proper advice on which to make decisions about our financial and legal affairs. When you are let down by poor advice the results can be devastating.  We are here to support you in your claim for compensation with clarity, guidance and the right advice to achieve the outcome you deserve.

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    • Malicious Prosecution
          • Malicious Prosecution

            We believe in standing up for those people who are falsely accused and prosecuted. Our experienced legal team is here to support you with compassion and provide you with clarity, guidance, and the right advice in your claim for compensation.

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    • General Litigation
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • What to Expect
          • What to expect

            We are your law firm for life. You can count on us for the best legal advice and compassionate support. We understand the challenges you are facing and we want you to know that you don’t have to navigate the often daunting process alone. We are here when you need us. Let us help you find your way forward with our empathetic and efficient approach. Contact us. You can call us on (02) 4050 0330 for a free initial no-obligation consultation or book an appointment online for an in-person consultation or an online video appointment.

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Divorce Frequently Asked Questions

Since 2021, all applications for divorce are required to be lodged online through the Commonwealth Courts Portal. Each party needs to set up their own account on the portal via: www.comcourts.gov.au. If you have any issues, phone the ComCourts helpline on: 1300 352 000 and a client service officer will talk you through the process and check that your account and login are working properly. Read on below to gain some divorce legal advice through some commonly asked questions.

Who can file an Application for Divorce?

Any party to a marriage who has been separated from their spouse for at least 12 months can apply for a Divorce. The parties can still be living under the one roof, as long as at least one of the parties has communicated to the other party that the relationship is at an end. If there is a dispute about the date of the end of the relationship or whether the relationship has ended, the Court may consider a range of factors, before making a determination. Some factors that are often taken into account include:

  1. the public status of the relationship – for example, whether there is evidence that one or both parties have told friends, family and/or government agencies about the separation?
  2. the performance of domestic duties after separation – whether the parties have continued to perform domestic duties for each other after separation and whether this is reasonable in the circumstances of their separation?
  3. the existence of a sexual relationship – whether the parties continued to have a sexual relationship after separation and if so, on what terms?
  4. the separation of finances – whether the parties have continued to maintain joint accounts and if so, the purposes of such accounts (eg if they both continue to contribute to the mortgage repayments pending sale of the matrimonial home)
  5. the arrangements for the care of children post-separation – whether the parties have negotiated parenting arrangements that reflect their separation

Do both parties need to agree to apply for a divorce?

A Divorce Application can either be filed as a Joint Application for Divorce by consent of both parties or as a unilateral Application for Divorce filed by only one of the parties. If a solo Application for Divorce is filed, the consent of the other party is not required, but they do need to be personally served with a copy of the Application for Divorce and then an Affidavit of Service, setting out proof of how they were served, has to be filed before the first mention of the Divorce Application by the Court. The Application for Divorce has to include a certified copy of your original Marriage Certificate and if this is in another language, it should also include a certified copy of a translation of the original Marriage Certificate. In addition, you need to include copies of any existing family law Orders or AVO’s.

How much does it cost to file an Application for Divorce?

Divorce filing fees are available on the Court website via: www.fcfcoa.gov.au. As at 31 May 2022, the filing fees that apply were: $940 for a solo Application for Divorce, $170 for a Joint Application for Divorce and a reduced fee of $310 if a party filing a solo Application, has a Health Care Card, Centrelink Benefit or Pension and/or is otherwise eligible for a concession.

What is the process of applying for a divorce?

Once you have been separated from your spouse for at least 12 months and you have decided that you want to get divorced, the first step is to complete an Application for Divorce. The  application forms can be downloaded from the Court website: www.fcfcoa.gov.au. For a Joint Application, each party’s side of the form has to be separately signed and witnessed. Once the form has been completed, it has to be scanned and uploaded to the ComCourts Portal, together with a copy of the Marriage Certificate and any previous family law Orders.

If the upload is successful, an electronic transaction receipt will be emailed to the lodging party and a sealed copy of the Application will be available for download by either party as long as they have a ComCourts account and login details. The sealed Application will have a Court file number in the box in the top right hand corner on the first page of the form. This box will also show the address of the Court in which the Application has been listed and the date of the first return or first mention of the Application by the Court. In the Hunter Region, Applications for Divorce are listed on Tuesdays and heard by a Judicial Registrar in the Newcastle Local Court on Hunter St, just up from the corner of Hunter and Darby Sts, Newcastle.

At the first return of the Application for Divorce, the Judicial Registrar will check the Application form to ensure that it has been completed properly, that the required documents have been provided and that the other party has been properly served. If all the paperwork is in Order, the Judicial Registrar will set a date for the Divorce to take effect. This is usually at least one month and one day after the first return. Once the Divorce has been granted, a sealed copy of the Decree Nisi or Certificate of Divorce will be available for download from the ComCourts portal. Depending on the capacity of the Registry where the divorce has been filed, it can take between four (4) weeks and twelve (12) weeks to appear on the ComCourts portal. However if you have an urgent need for your Divorce Certificate to be issued, an oral application can be made for the application to be expedited at the first return.

What if I don’t want to do my Application for Divorce by myself?

At the Law Office of Conrad Curry, we understand that a lot of our clients are time poor or that they would prefer to hand over the Divorce Application to a lawyer rather than having to fiddle around with paperwork or deal with their ex-spouse. At Conrad Curry Law, we are always happy to assist clients to complete, file and serve their Divorce Applications. Or simply provide legal advice on divorce for you moving forward.

Am I required to attend the hearing of my Application for Divorce?

Parties are not required to attend the hearing of their Application for Divorce. However, it is recommended that you do attend the first mention to ensure that there are no procedural issues preventing your Divorce Application from being considered. If you do not attend and there is a procedural issue, a Requisition will be issued by the Court and you may be requested to provide missing documents or further information in response to ‘requisitions’ or questions set out by the Registrar, by a certain date. If you are unable to attend or do not wish to attend your Divorce Hearing, one of our family lawyers at the Law Office of Conrad Curry, can appear on your behalf.

How do I serve the other party with my Application for Divorce?

If you are doing a solo Application for Divorce, you are required to serve it on the other party. This is a formal process. Under the Family Law Act 1975 (Cth), parties are not allowed to personally serve a Divorce Application on their estranged spouse. Due to the risk that the other party might deny that they have been served or try to avoid service, it is recommended that you arrange for a professional process server to serve the other party. The Sheriff of the Local Court can serve Divorce Applications, but they usually give priority to serving documents that the Local Court has Ordered them to be serve, so sometimes the Sheriff is not able to effect service in time. There are also a range of commercial process servers that you can pay to effect service on the other party and provide you with an Affidavit of Service. You can expect to pay between $77 and $220 for either a Local Court Sheriff or a professional process server to formally serve the other party with your Divorce Application. Once the other party has been served, the person who has served them, needs to complete an Affidavit of Service that sets out the date, time, location and identity of the person served. This should then be uploaded to the ComCourts Portal before the first return date so that the Court has evidence of compliance with the Family Law Rules about service. If the other party refuses to accept the documents being served on them, the process server can leave them at their feet and set this evidence out in the Affidavit of Service. If that happens, it is usually safer to also send the other party a copy of your Application for Divorce via registered post, ordinary post, via email and to the address of a close family member. If the Court cannot be satisfied that the other party is aware of the Application for Divorce they may adjourn the Application and require you to effect “substituted service” by serving a close family member or the employer of the other party.

What is the effect of a Divorce?

Once your divorce has been granted, you are free to re-marry. You should also be aware that any previous Will made by you or your former spouse will be invalidated from the date of the Divorce. At the Law Office of Conrad Curry, we can plan an appointment for you to do a new Will so that it occurs immediately after your Divorce takes effect to ensure that you are not left without a valid Will. Finally, keep in mind, that you have a time limit of twelve (12) months following your divorce, to file any required applications for Property Orders. This does not mean that you can’t negotiate an agreed property division, just that if there is a dispute about the division of marital property, you need to file your Application for Property Orders within twelve (12) months of the Divorce taking effect.

 

If you’d like some further divorce legal advice, get in contact with the team today.

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