Bendel v Commissioner of Taxation
October 12, 2023
Did the Administrative Appeals Tribunal make the “correct and preferable decision” and where to from here?
Family Law Mediation and Arbitration can both result in faster and more cost effective outcomes than in the court process. The processes are confidential and promote the best interests of both parties.
Our Family Law Mediators and Arbitrators are all accredited with the Australian Institute of Family Law Arbitrators and Mediators (AIFLAM) as well as being Accredited Family Law Specialists.
Neutral family mediation lawyer
• The mediator’s aim is not to favour one side of the dispute or make unilateral decisions. They facilitate respectful communication and help the parties negotiate and reach an agreement.
Common issues that a family mediation solicitor addresses include:
• Divorce and spousal maintenance
• Child custody, support, and parenting schedules
• Division of property
• Other family-related matters
Engaging the services of a bespoke family mediation lawyer in Sydney has several significant benefits over court-based solutions, namely:
• Reduced conflict: A family mediation lawyer promotes calm, rational cooperation between disputing parties.
• Cost savings: Family law mediation is typically less expensive than entering into the court system
• Time: Professional family lawyer mediation is typically much faster than relying on the courts
• Flexible, customised solutions: In the less adversarial atmosphere created by a family mediation solicitor, it is often possible to find solutions amenable to both parties
Couples can participate in Family Mediation to resolve a dispute at any time, either prior to instituting court proceedings, or whilst proceedings are taking place. This alternative dispute resolution process can help resolve:
• Property disputes
• Parenting disputes
• Spousal maintenance
• Interim property matters
• Child support issues
• Contravention/breaches of existing orders
• Issues relating to the implementation of orders; and
• Disagreements over issues relating to parental responsibility (e.g., passports and overseas travel involving children, school enrolment, and medical issues relating to a particular child). This can include instances when parties already have court orders in place.
Family arbitration is an alternative dispute resolution process that can only be used to resolve property disputes and does not cover parenting issues which must be address through the Family Mediation process. Family arbitration can be used for:
• Property matters
• Spousal maintenance and maintenance agreements
• Financial agreements made pre, post or during marriage
• Superannuation agreements and
• Execution and compliance with court orders.
It is important to note that Family Arbitration is not applicable:
• Where there is negative equity
• Where there is a connected dispute regarding children’s living arrangements
• Where there is an unvalued business
• Where there is an unsecured third party claim; or for
• Single issues in a property hearing.
Contact our Family Law team to discuss what options are best for your circumstances.
Coleman Greig are available to service your needs no matter where you are located in NSW. Our network of offices are supported by the latest digital technology, enabling us to work with you in a way that suits you best.
Mediation and arbitration are both effective resolution methods when disputes occur, but there are significant differences, namely:
How to Prepare for Family Mediation or Arbitration
Preparing for family mediation or arbitration involves the following vital steps to ensure the process is as smooth and productive as possible:
Coleman Greig has an incredible record of success in helping clients negotiate stressful family mediation scenarios, and our team is respectful, compassionate, and discreet in these sensitive matters. We have a reputation in the community for fair, transparent, and socially responsible services and business practices based on our impeccable self-governance, professional integrity, and ethical values.
We host events like the Coleman Greig Challenge, helping to raise money for charity and promote further understanding of the law through a collection of webinar recordings, concise plain English guides, informative publications, and in-depth blogs. Please explore our comprehensive media centre, where you will find the latest news and alerts, helpful ebooks, and superb career opportunities.
Please get in touch to learn more about us and the talented people who will provide family arbitration law advice. When you choose Coleman Greig as your experienced, compassionate family mediation lawyer in Sydney, you will experience a comprehensive, tailored service. We are proud to receive recognition and awards for our services and are unwavering in our irreproachable standards. The team will assist with your personal and commercial legal requirements and act as a family law arbitrator or mediator.
Did the Administrative Appeals Tribunal make the “correct and preferable decision” and where to from here?
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The duration of the family mediation process can vary significantly, depending on the following:
On average, participants should expect the mediation process to take several weeks or even months.
No, family mediation is not legally binding unless the following steps are taken:
Before signing any binding agreements, both parties should seek independent legal advice to protect their rights and interests.
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