Legal Advice

We provide sound sensible advice and help you assess your situation. We help you compile appropriate evidence. We negotiate effectively wherever possible. We try to keep you out of court as a matter of good commercial sense. If there is no option but to litigate then we collate evidence effectively and find for you the most competent barristers.

We have experience in:

Property Disputes

We can advise you on all property related disputes such as dividing fences, encroachments or problems with neighbouring properties.

At times disputes or problems arise during the conveyancing process. We are usually able to effectively negotiate a resolution in a most cost effective fashion. If we are unable to negotiate a resolution, we are able to pursue your rights via litigation.

Neighbourhood Disputes

Living with neighbours has definite social benefits, but sometimes, neighbours engage in disputes that make it difficult to live alongside each other. Disputes can arise about minor issues such as fences, trees, noise, pets, children, access and music and can be extremely damaging if you are unable to reach agreement with your neighbour. We can help you identify the issues in dispute and advise about your rights, negotiate and enter into correspondence on your behalf or help you refer the matter to a Community Justice Centres for mediation and resolution. Sometimes these disputes can become more serious and may require the involvement of legal professionals.

Some common areas of dispute arise under the following areas: –

  • trespassing
  • trees including damage to neighbouring property by tree roots and overhanging branches
  • easements and encroachment onto neighbouring property
    dividing fences
  • access to neighbouring land for things such as building works or tree trimming
  • arguments about privacy (for example, if a neighbour is peering over a fence)
  • damage, trespass and noise by animals
Family Law + Litigation

Although the majority of family law matters resolve without a court hearing, it can be necessary to commence legal proceedings. It is important that court documents are relevant, accurate, strategic and properly drafted.

Your advocate in court needs to be well prepared, fearless and persuasive in pursuit of your rights. Your lawyer requires tenacity and persistence to uncover the true extent of assets and the real issues in parenting matters. You may need additional experts such as a barrister, forensic accountant, valuer or psychologist.

Maryanne Ofner and her team are highly experienced in all aspects of family law litigation and are able to properly advise and counsel you as to what is realistically attainable.

For more information about family law in general see Family Law

General Litigation

The introduction of new pre-litigation procedures in the federal courts have extended the obligations of parties to attempt resolution before commencing proceedings.

We provide sensible advice and help you assess your situation. We help you compile appropriate evidence. We negotiate effectively wherever possible. We try to keep you out of court as a matter of good commercial sense. If there is no option but to litigate, we will help you pursue you rights with the help of the most competent barristers.

We have experience in a broad range of litigation areas such as:

  • Debt recovery
  • Negligence
  • Contract disputes
  • Conveyancing and property disputes
  • Contested estates
  • Administrative law

We have experience in a wide range of courts and tribunals including:-

  • Local, District and Supreme Courts
  • Land & Environment Court
  • Federal Court
  • Social Security Appeals Tribunal
  • Administrative Appeals Tribunal
  • Guardianship Tribunal
  • Consumer, Trader & Tenancy Tribunal
Contested Estates

A person’s death can lead to disputes about his/her estate including disputes as to provision from the estate, disputes when eligible persons have been left out of a will and disputes as to whether the deceased had the relevant capacity to make his/her final will.

This is a complicated area of law. We are very experienced in negotiating resolutions to such disputes and where necessary, preparing and litigating cases.

Collaborative Law

Collaborative Practice is a process that helps people in conflict resolve their differences in a humane, dignified and respectful way in private without going to Court.

Collaborative Practice was pioneered in the early 1990’s and there are now a number of collaborative models and you ultimately decide the best one for you. When you commit to a collaborative process you agree to maintain open communication and share information.

You are represented by your collaborative lawyer who works together with you to tailor the process to address your specific needs and issues. You take control of the process to find solutions that suit you.

Other professionals, including accountants, financial advisors, counsellors and children’s experts can be brought into the process to provide specific advice where the circumstances require it.

Collaborative Practice has been used mainly for separating couples and in the area of family disputes but has application for all kinds of disputes especially including contested Wills and Estates.

Mediation, Negotiation and Alternative Dispute Resolution

If you are involved in a dispute, there are a number of “Alternative Dispute Resolution” options available to you. These include negotiations between parties (and roundtable conferences between parties and their legal representatives), mediation and arbitration. Mediation is the most common form of alternative dispute resolution and involves a third party (the mediator) who assists the parties to reach an agreement. There are different forms of mediation which may impact on the level of involvement that the mediator has (for example, in evaluative mediation models, the mediator may express a view on the reasonableness of settlement or may highlight weaknesses in a party’s case). Mediation enables parties to voice their views and attempt to reach agreement or at least narrow the issues in dispute. It is important to note that mediation is private and confidential.

Whilst there is no obligation to mediate disputes generally, mandatory mediation or other forms of dispute resolution are becoming increasingly common in certain jurisdictions. For example, in disputed estate claims, parties must mediate the matter prior to a hearing. In family law, the pre-litigation processes emphasise early dispute resolution through counselling and negotiation. When proceedings are commenced in property matters, parties must attend conciliation conferences with Registrars of the court.

We are experienced at the various forms of alternative dispute resolution and strongly support attempts to facilitate resolution at all stages of a matter.

We also suggest you read the material under Collaborative Law.

Property Disputes

We can advise you on all property related disputes such as dividing fences, encroachments or problems with neighbouring properties.

At times disputes or problems arise during the conveyancing process. We are usually able to effectively negotiate a resolution in a most cost effective fashion. If we are unable to negotiate a resolution, we are able to pursue your rights via litigation.

Neighbourhood Disputes

Living with neighbours has definite social benefits, but sometimes, neighbours engage in disputes that make it difficult to live alongside each other. Disputes can arise about minor issues such as fences, trees, noise, pets, children, access and music and can be extremely damaging if you are unable to reach agreement with your neighbour. We can help you identify the issues in dispute and advise about your rights, negotiate and enter into correspondence on your behalf or help you refer the matter to a Community Justice Centres for mediation and resolution. Sometimes these disputes can become more serious and may require the involvement of legal professionals.

Some common areas of dispute arise under the following areas: –

  • trespassing
  • trees including damage to neighbouring property by tree roots and overhanging branches
  • easements and encroachment onto neighbouring property
    dividing fences
  • access to neighbouring land for things such as building works or tree trimming
  • arguments about privacy (for example, if a neighbour is peering over a fence)
  • damage, trespass and noise by animals
Family Law + Litigation

Although the majority of family law matters resolve without a court hearing, it can be necessary to commence legal proceedings. It is important that court documents are relevant, accurate, strategic and properly drafted.

Your advocate in court needs to be well prepared, fearless and persuasive in pursuit of your rights. Your lawyer requires tenacity and persistence to uncover the true extent of assets and the real issues in parenting matters. You may need additional experts such as a barrister, forensic accountant, valuer or psychologist.

Maryanne Ofner and her team are highly experienced in all aspects of family law litigation and are able to properly advise and counsel you as to what is realistically attainable.

For more information about family law in general see Family Law

General Litigation

The introduction of new pre-litigation procedures in the federal courts have extended the obligations of parties to attempt resolution before commencing proceedings.

We provide sensible advice and help you assess your situation. We help you compile appropriate evidence. We negotiate effectively wherever possible. We try to keep you out of court as a matter of good commercial sense. If there is no option but to litigate, we will help you pursue you rights with the help of the most competent barristers.

We have experience in a broad range of litigation areas such as:

  • Debt recovery
  • Negligence
  • Contract disputes
  • Conveyancing and property disputes
  • Contested estates
  • Administrative law

We have experience in a wide range of courts and tribunals including:-

  • Local, District and Supreme Courts
  • Land & Environment Court
  • Federal Court
  • Social Security Appeals Tribunal
  • Administrative Appeals Tribunal
  • Guardianship Tribunal
  • Consumer, Trader & Tenancy Tribunal
Contested Estates

A person’s death can lead to disputes about his/her estate including disputes as to provision from the estate, disputes when eligible persons have been left out of a will and disputes as to whether the deceased had the relevant capacity to make his/her final will.

This is a complicated area of law. We are very experienced in negotiating resolutions to such disputes and where necessary, preparing and litigating cases.

Collaborative Law

Collaborative Practice is a process that helps people in conflict resolve their differences in a humane, dignified and respectful way in private without going to Court.

Collaborative Practice was pioneered in the early 1990’s and there are now a number of collaborative models and you ultimately decide the best one for you. When you commit to a collaborative process you agree to maintain open communication and share information.

You are represented by your collaborative lawyer who works together with you to tailor the process to address your specific needs and issues. You take control of the process to find solutions that suit you.

Other professionals, including accountants, financial advisors, counsellors and children’s experts can be brought into the process to provide specific advice where the circumstances require it.

Collaborative Practice has been used mainly for separating couples and in the area of family disputes but has application for all kinds of disputes especially including contested Wills and Estates.

Mediation, Negotiation and Alternative Dispute Resolution

If you are involved in a dispute, there are a number of “Alternative Dispute Resolution” options available to you. These include negotiations between parties (and roundtable conferences between parties and their legal representatives), mediation and arbitration. Mediation is the most common form of alternative dispute resolution and involves a third party (the mediator) who assists the parties to reach an agreement. There are different forms of mediation which may impact on the level of involvement that the mediator has (for example, in evaluative mediation models, the mediator may express a view on the reasonableness of settlement or may highlight weaknesses in a party’s case). Mediation enables parties to voice their views and attempt to reach agreement or at least narrow the issues in dispute. It is important to note that mediation is private and confidential.

Whilst there is no obligation to mediate disputes generally, mandatory mediation or other forms of dispute resolution are becoming increasingly common in certain jurisdictions. For example, in disputed estate claims, parties must mediate the matter prior to a hearing. In family law, the pre-litigation processes emphasise early dispute resolution through counselling and negotiation. When proceedings are commenced in property matters, parties must attend conciliation conferences with Registrars of the court.

We are experienced at the various forms of alternative dispute resolution and strongly support attempts to facilitate resolution at all stages of a matter.

We also suggest you read the material under Collaborative Law.