FAQS/COURTS

Adelaide’s reliable law firm

At ORB Lawyers, we offer a wide range of legal services in the Adelaide area, handling everything from criminal law cases to family law matters and wills and estates issues. Our solicitors have years of experience and always adopt a professional and sensitive approach to every case. We believe in providing a high-quality set of services to every client, so contact our law firm today for more information. 

We’ve included some frequently asked questions below for your information but for anything else, just give us a call.

What if I can’t afford a lawyer?
Your initial consultation is charged at $200 inclusive of GST. There is no time limit on this consultation.

If I am asked to go with police to a police station, do I have to go? 
If you are not under arrest, you do not have to go. 

When can I be arrested? 
You can only be arrested if police suspect that you are committing a crime, have committed a crime, or are about to commit a crime.

I need a lawyer who can attend Port Adelaide Magistrates Court. Can you do this?
Yes, we attend all city and suburban courts, including:
  • Adelaide Magistrates Court
  • Christies Beach Magistrates Court
  • Port Adelaide Magistrates Court
  • Mt Barker Magistrates Court 
  • Elizabeth Magistrates Court
  • District Court
  • Supreme Court
  • Family Courts
  • Industrial Tribunals
Why do I need a will?
Having a valid will is the only way you can be sure the people who matter most will be looked after because it’s the will that deals with your possessions after you die. 

Why do I need an Enduring Power of Attorney if I have a will? 
An Enduring Power of Attorney looks after your financial affairs while you are still alive if you are unable to do it for yourself. For example, it allows someone to access your banking accounts to pay your bills and the mortgage.

I have told my children what I want to happen to me if I lose it, so why do I need an Advance Care Directive?
If your children are not around, or they can’t agree, then an Advance Care Directive sets out the arrangements that you want when you can’t speak or do or think for yourself. 

What happens if I’m left out of a will?
You may be able to contest a will with an inheritance claim if you think you have been unfairly treated. 

I am the executor of my mother’s will, what do I do now?
If you have been appointed as executor of a will, we can assist with legal advice to complete all the legal documents and assist with the process of obtaining probate.

What happens if someone disputes my father’s will? 
You will most likely require legal assistance if you encounter a dispute between beneficiaries of a will as this a very complex area of the law and it can get very emotional and stressful.  

My husband has left me and the kids, can I get maintenance?
Married and de facto couples may have an entitlement to financial support from their former partner if they are unable to meet their reasonable expenses from their own sources, income or assets.
If you are in this position, we can help you apply for an order that your former partner pay you either a periodic amount or a lump sum. Your entitlement to maintenance will depend on an assessment of your financial needs and your former partner’s capacity to pay.

My child has special needs. The child support that I receive doesn’t take into account the high costs involved in caring for him. What can I do?
You can apply to the Child Support Agency for a change of assessment on the basis of your child’s high costs of care.

Our children have finished school and are over the age of 18 years. They are studying at university and still living with me at home. I can’t afford to keep them without some help from the other parent. Should they be making a contribution?
Maintenance for children does not always stop when they turn 18. If your adult children cannot support themselves and the other parent has the ability to provide some support, you could apply to the court for an order for adult child maintenance.

How do I get my children back? 
At ORB Lawyers, we don’t take any short cuts in making sure that the best interests of your child or children are met. 

What can I do if my spouse won’t let me back into our home? 
If it is critical that you get into your home, you may make an urgent application to gain access to the property for specific purposes. You may need a property settlement that can take place at any time after separation.

Do I need to get a divorce to get my share of the marital property? 
No, a property settlement can be done either before or after divorce, and we can guide you through this process, but don’t delay.

When can I get divorced?
Before lodging an Application for Divorce, you must have been separated from your spouse for at least 12 months.

I got married overseas. Can I get divorced in Australia?
Yes, if you are an Australian citizen or ordinarily live in Australia you can get divorced in Australia.

My spouse doesn’t agree to a divorce. What can I do?
You do not need the consent of your spouse to get divorced in Australia.

Do I need a lawyer to get divorced?
If there are no complications, you might not need a lawyer to get divorced. However, you should obtain legal advice before getting divorced because it might affect your other legal rights and obligations.

How long do I have to wait before I can do a property settlement?
If you have not already divided your property, you will need to do so within 12 months after your divorce becomes final.

Am I entitled to my partner’s super?
Yes, superannuation is treated as property and can be divided between the parties to a married or de facto relationship.

My husband says that because I didn’t work and just stayed home and looked after the kids, I don’t get anything if I leave him?
No, that is not correct.

Can my wife decide when and how often I get to see my kids?
No, she cannot. If you and your spouse are unable to come to an agreement about these things, you may need go to mediation and maybe even to Court.

Doesn’t the law now say that children’s care should be shared equally?
Not quite. The law in most cases is that the court must consider a shared care arrangement but any orders made must be in the best interests of the children.

What is Family Dispute Resolution? How and where can it be arranged?
Family Dispute Resolution is essentially mediation delivered by an accredited provider. Services like Relationships Australia provide Family Dispute Resolution services.

What is the importance of Family Dispute Resolution?
Family Dispute Resolution is often a productive way of reaching an agreement about children’s living arrangements. If you need to go to court, in most but not all cases, Family Dispute Resolution is a necessary step prior to starting the case in court. 

I have been offered a promotion at work but the position is interstate, and my former partner won’t agree to me taking our children with me. What can I do?
You should obtain legal advice to find out whether the court is likely to make orders allowing you to relocate with the children to take up the promotion that has been offered.

My son is due to start school next year, but his mother and I can’t agree on the school that he should attend. I believe that he should go to his local primary school, but she is Catholic and wants him to attend a Catholic school. What can I do?
Unless an agreement can be reached, you might need to apply to the court for orders about this specific issue. The court will make orders that are based on your son’s best interests and take relevant practicalities into account, such as payment of school fees and location of possible schools in the area where your son lives.

Court locations

Adelaide Magistrates Court
Christies Beach Magistrates Court
District Court
Elizabeth Magistrates Court
Holden Hill Magistrates Court
Mount Barker Magistrates Court
Port Adelaide Magistrates Court
Supreme Court

Call us today on 08 8384 3430
for more information about our law firm in Adelaide.

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