Free legal services & other resources

1. Legal Aid Queensland:
   • Phone Number: 1300 267 762 for:
   • Duty Lawyer services Monday to Friday, 9am to 4pm (Brisbane, Rockhampton, Townsville, and Cairns or your state or territory) : where you can book a telephone advice or attend in person at the Federal Circuit and Family Court up to 5 days before your Court event. This is not a means tested service
   • Family Advocacy and Support Services (FASS): For individuals experiencing domestic and family violence (both aggrieved or respondent) where you can book a telephone advice or attend in person at the Federal Circuit and Family Court up to 5 days before a Court event or
   • Book yourself in for the Family Advice Clinic for a telephone advice on any family law matter including Child Support advice
2. Community-Based Legal Services: Find your nearest centre:
   • Women’s Legal Services – WLS Resources
   • Men’s Legal Services
   • Aboriginal and Torres Strait Islander Legal Service (Qld)
   • Caxton Legal Services – 3214 6333 for an appointment. They can assist in court representation, drafting, one off type advices and case by case assessments of representation at a mediations.
   • National support Factsheet
3. Additional Support Services / Referrals : These services or pages may be helpful prior to attending Mediation or Parenting Coordination:
4. Federal Circuit and Family Court of Australia: General information about court process, forms, and definitions: 👉 FCFCOA Website
5. Post Separation Parenting Programs
   • Relationships Australia
   • Parenting Orders Program –UnitingCare
   • Parenting Programs:
     • Parenting Programs across Brisbane & Gold Coast
     • Relationships Australia provides a program to learn strategies to minimize conflict in co-parenting
     • Tuning into Teens is a specific parenting program aimed at parents with teenagers
     • Parenting teenagers program
     • NSW-based Parenting Program
   • Drug Testing Services
     • 👉 Drug Testing Service Australia | AWDT
     • Substance Abuse Rehabilitation and Support
       • 👉 Lives Lived Well
     • Parenting program for parents with addiction:
       • Lives Lived Well
       • Benevolent Organisation
   • Domestic Violence Services:
     • DV Connect – Both a men’s and a women’s hotline
     • The Qld Government lists out all domestic violence service providers
     • 1800 Respect
   • Men’s Behaviour Change Programs:
     • SPEAQ – Where to Get Help to Change
     • Brisbane Uniting Care Queensland: 
     • Townsville North Queensland Domestic Violence Resource Service
   • Mental Health Assistance for Children:
     • Teacup Coach – Jayme provides evidence based non clinical programs for children aged 5-17 years. Specific individual to group based programs are provided to help grow your child’s long term, physical, mental and emotional well being. This service offers well being programs, holiday workshops, youth coaching and tailored programs to assist your client through the issues in their life.
   • Reunification Therapists :
     • Dr. Sarah Angel – https://psych-support.com.au/our-staff/
     • Dr. Megan Morris – https://psychology.org.au/find-a-psychologist/psychologist/d661bc8b0bcd382485e65f3e2f3bcf47

• Parenting Neurodiverse children :
  • Autism Qld workshops – https://autismqld.com.au/services/professional-learning-development/
  • ADHD Foundation workshops – https://adhdfoundation.org.au/parent-program

Supervised Contact Centre – Directory of Centres in Australia

Resources for Property Settlement

Caxton Family Law book : Provides general information on parenting, property and child support.

Family Court : overview on property proceedings

Balance Sheet for property mediations: An asset and liability table to complete

Duty to Disclose: Under the Family Law Act 1975 (Cth) litigants are under an obligation to disclose their full and frank financial position.

Womens’ Legal Service – Brochure on advancing your property matter

Short-form Mediation Videos

Mali has created a series of short-form videos found on Instagram to assist parties in understanding the Mediation process and the best way to prepare for Mediation. You can find a direct link here https://www.instagram.com/malimaharajmediations/. Should you have any specific topics you wish her to cover, please contact her on admin@malimaharajmediations.com.au with your suggestions and she will endeavour to create a short-form video on that topic.

LinkedIn Articles and Contributions

https://www.linkedin.com/in/mali-maharaj-a3a24a361/

𝗠𝗲𝗱𝗶𝗮𝘁𝗶𝗻𝗴 𝗔𝗱𝘂𝗹𝘁 𝗖𝗵𝗶𝗹𝗱 𝗠𝗮𝗶𝗻𝘁𝗲𝗻𝗮𝗻𝗰𝗲 𝗺𝗮𝘁𝘁𝗲𝗿𝘀
As a Mediator with a special interest in Child Support and extensive practice in this field as a Solicitor, I’ll be sharing a short “snapshot series” over the coming weeks on common Child Support disputes. The aim is to give practitioners and their clients a helpful starting point when navigating this often‑complex space.

𝗦𝘁𝗮𝘁𝘂𝘁𝗼𝗿𝘆 𝗙𝗿𝗮𝗺𝗲𝘄𝗼𝗿𝗸
When a child turns eighteen, ordinary child support comes to an end unless certain steps are taken or an assessment is made to extend until the end of secondary school (S151B 𝗖𝗵𝗶𝗹𝗱 𝗦𝘂𝗽𝗽𝗼𝗿𝘁 𝗔𝘀𝘀𝗲𝘀𝘀𝗺𝗲𝗻𝘁 𝗔𝗰𝘁 1989). The law then shifts to the framework in the 𝗙𝗮𝗺𝗶𝗹𝘆 𝗟𝗮𝘄 𝗔𝗰𝘁 1975 (S66L), which governs Adult Child Maintenance.

𝗣𝗿𝗮𝗰𝘁𝗶𝗰𝗮𝗹 𝗽𝗼𝗶𝗻𝘁𝘀 𝘁𝗼 𝗰𝗼𝗻𝘀𝗶𝗱𝗲𝗿
– Binding Child Support Agreements can only be made while the child is under eighteen; however, they may validly provide for support to continue beyond that age.
– Consent orders are available where both parents agree and the statutory criteria are met, including that the orders are to expressly continue after the age of 18 (S66L(3)).

𝗞𝗲𝘆 𝗔𝘂𝘁𝗵𝗼𝗿𝗶𝘁𝗶𝗲𝘀
𝗛𝗮𝗿𝗴𝗿𝗲𝗮𝘃𝗲𝘀 𝗮𝗻𝗱 𝗛𝗮𝗿𝗴𝗿𝗲𝗮𝘃𝗲𝘀 [2017] FCCA 33
The court ordered support for a 19 yr old who had a severe disability and developmental delay. The evidence showed a clear need for support and capacity to meet the child’s unmet expenses. The court considered the financial circumstances of the parties, including the shortfall between income, necessary expenses and the shortfall from NDIS funding (where the court noted that receipt of NDIS funding did not displace the mother’s need).
𝗥𝘂𝘀𝘁𝗮𝗺 𝗮𝗻𝗱 𝗙𝗮𝗿𝗮𝘇 (No 2) [2023] FedCFamC2F 38
The court considered two adult children (22 and 19). Support was ordered for the younger child who had learning difficulties, borderline IQ and ADHD and who remained in secondary school. The court dismissed the application for the older child where the evidence did not establish the necessary threshold.

𝗝𝘂𝗱𝗶𝗰𝗶𝗮𝗹 𝗔𝗽𝗽𝗿𝗼𝗮𝗰𝗵
𝗧𝗵𝗿𝗲𝘀𝗵𝗼𝗹𝗱 𝗿𝗲𝗾𝘂𝗶𝗿𝗲𝗺𝗲𝗻𝘁 (S66L): The court must be satisfied that maintenance is necessary because the child is completing their education or has a mental/physical disability.
𝗗𝗲𝘁𝗲𝗿𝗺𝗶𝗻𝗲 𝘁𝗵𝗲 𝗰𝗵𝗶𝗹𝗱’𝘀 𝗽𝗿𝗼𝗽𝗲𝗿 𝗻𝗲𝗲𝗱𝘀 (S66H & S66J): Once the threshold is met, the court considers what financial support is necessary to meet the child’s proper needs. Needs can include education, medical, living, and disability‑related expenses.
𝗔𝘀𝘀𝗲𝘀𝘀 𝗲𝗮𝗰𝗵 𝗽𝗮𝗿𝗲𝗻𝘁’𝘀 𝗰𝗮𝗽𝗮𝗰𝗶𝘁𝘆 𝘁𝗼 𝗰𝗼𝗻𝘁𝗿𝗶𝗯𝘂𝘁𝗲 (S66K): The court then examines each parent’s income, earning capacity, assets, liabilities, and other obligations to ensure the contribution ordered is proportionate to capacity.

𝗘𝘅𝗰𝗹𝘂𝘀𝗶𝘃𝗲 𝗢𝗰𝗰𝘂𝗽𝗮𝘁𝗶𝗼𝗻 𝗢𝗿𝗱𝗲𝗿𝘀: 𝗕𝗮𝗹𝗮𝗻𝗰𝗶𝗻𝗴 𝗦𝗮𝗳𝗲𝘁𝘆, 𝗙𝗮𝗶𝗿𝗻𝗲𝘀𝘀 𝗮𝗻𝗱 𝗣𝗿𝗮𝗰𝘁𝗶𝗰𝗮𝗹𝗶𝘁𝘆 𝗔𝗳𝘁𝗲𝗿 𝗦𝗲𝗽𝗮𝗿𝗮𝘁𝗶𝗼𝗻
Disputes about who remains in the former matrimonial home are among the most complex and emotionally charged issues that arise following separation. Under the Family Law Act 1975 (Cth), these are among the most serious interlocutory remedies available to the Court. They require careful consideration of safety, hardship, and the best interests of any children involved.

At Mali Maharaj Mediations, we regularly assist clients and practitioners to explore negotiated outcomes before such applications are necessary.

𝗘𝘅𝗰𝗹𝘂𝘀𝗶𝘃𝗲 𝗢𝗰𝗰𝘂𝗽𝗮𝘁𝗶𝗼𝗻 𝗢𝗿𝗱𝗲𝗿𝘀: 𝗕𝗮𝗹𝗮𝗻𝗰𝗶𝗻𝗴 𝗦𝗮𝗳𝗲𝘁𝘆, 𝗙𝗮𝗶𝗿𝗻𝗲𝘀𝘀 𝗮𝗻𝗱 𝗣𝗿𝗮𝗰𝘁𝗶𝗰𝗮𝗹𝗶𝘁𝘆 𝗔𝗳𝘁𝗲𝗿 𝗦𝗲𝗽𝗮𝗿𝗮𝘁𝗶𝗼𝗻
Disputes about who remains in the former matrimonial home are among the most complex and emotionally charged issues that arise following separation. Under the Family Law Act 1975 (Cth), these are among the most serious interlocutory remedies available to the Court. They require careful consideration of safety, hardship, and the best interests of any children involved.

At Mali Maharaj Mediations, we regularly assist clients and practitioners to explore negotiated outcomes before such applications are necessary.

𝗟𝗲𝗴𝗮𝗹 𝗙𝗿𝗮𝗺𝗲𝘄𝗼𝗿𝗸
– Section 114(1)(f) of the Family Law Act allows the Court, in a matrimonial cause, to make such order as it considers proper in relation to the use or occupancy of the matrimonial home. A similar power applies to de facto relationships under section 114(2A).
– An application for exclusive occupation is an application for an injunction. The onus is on the applicant to satisfy the Court that such an order is justified. The test is objective and depends entirely on the particular facts of the case.

𝗞𝗲𝘆 𝗔𝘂𝘁𝗵𝗼𝗿𝗶𝘁𝗶𝗲𝘀
-In Davis & Davis [1976] FamCA 38, the Full Court held that in deciding whether to grant exclusive occupation the Court must consider the means and needs of each party, the needs of the children, the hardship to either party or to the children, and any conduct which may justify one party leaving or being excluded from the home. The Court emphasised that the decision should not rest only on the balance of convenience and that there must be proper reasons to justify exclusion.
-In Kanelos & Kanelos [2014] FamCA 36, both parties made allegations of family violence without independent corroboration. The Court’s decision highlighted the importance of credible, third-party evidence from police, medical practitioners, or other witnesses when alleging family violence.
-In Merritt & Phillips [2017] FamCA 618, the Court required the husband to vacate the matrimonial home and granted the wife sole use and occupation on an interim basis. The Court reiterated that injunctive powers are discretionary and must be exercised cautiously. Referring to Sieling v Sieling [1979] FamCA 23; (1979) FLC 90-627, the Court stated that hardship to each party must be balanced and that no greater restriction should be imposed than is necessary to protect the applicant’s interests.

𝐅𝐢𝐧𝐚𝐧𝐜𝐢𝐚𝐥 𝐃𝐢𝐬𝐜𝐥𝐨𝐬𝐮𝐫𝐞 𝐢𝐧 𝐅𝐚𝐦𝐢𝐥𝐲 𝐋𝐚𝐰 – 𝐀 𝐏𝐫𝐚𝐜𝐭𝐢𝐜𝐚𝐥 𝐆𝐮𝐢𝐝𝐞
At Mali Maharaj Mediations, we agree that financial disclosure is often the make-or-break step in settlement. Here are the essentials for new lawyers:

𝐓𝐡𝐞 𝐋𝐞𝐠𝐚𝐥 𝐃𝐮𝐭𝐲
Parties have a statutory duty under the Family Law Act 1975 (Cth) and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) to provide full and frank disclosure of all information relevant to the issues in dispute. This duty is ongoing—from the outset of a case until finalisation.

𝐑𝐞𝐥𝐞𝐯𝐚𝐧𝐭 𝐑𝐮𝐥𝐞𝐬 𝐚𝐧𝐝 𝐒𝐞𝐜𝐭𝐢𝐨𝐧𝐬 𝐨𝐟 𝐭𝐡𝐞 𝐅𝐚𝐦𝐢𝐥𝐲 𝐋𝐚𝐰 𝐀𝐜𝐭
Family Law Act 1975 (Cth)
s 71B / s 90RI: Parties must give full, frank, and timely disclosure.
s 71B(10): Lawyers must encourage compliance with disclosure obligations.

Federal Circuit and Family Court Rules 2021 (Cth)
r 6.01: Duty to the Court and each other to provide timely, relevant information.
r 6.03: Applies to all documents in a party’s possession or control relevant to an issue.
r 6.06 & Schedule 1: Disclosure of financial circumstances, including assets, income, trusts, and property transactions before and after separation.
r 6.06(9): Bank records for spousal maintenance applications.
rr 6.09–6.10: Mechanisms to request a list of documents.

𝐖𝐡𝐚𝐭 𝐌𝐮𝐬𝐭 𝐁𝐞 𝐃𝐢𝐬𝐜𝐥𝐨𝐬𝐞𝐝
Disclosure includes:
– Earnings and income history
– Interests in property, companies, or trusts
– Financial resources and liabilities
– Property disposed of in the 12 months before and after separation
– Bank records (especially in spousal maintenance cases)
– Historic documents may be required where they relate to contributions, dissipation of assets, or future needs

𝐑𝐞𝐜𝐞𝐧𝐭 𝐂𝐚𝐬𝐞 𝐆𝐮𝐢𝐝𝐚𝐧𝐜𝐞
– Julien & Perrin (No 2) [2025] FedCFamC1F 50 – confirmed disclosure is broad but not unlimited.
– Zhuo & Ji (No 4) [2025] FedCFamC1F 22 – non-compliance can result in severe outcomes, including awarding all disclosed assets to the compliant party.
– Wei & Xia (No 5) [2023] FedCFamC1F 679 – reinforced the high standard of disclosure, with sanctions for breaches.

𝗡𝗮𝘃𝗶𝗴𝗮𝘁𝗶𝗻𝗴 𝗗𝗿𝘂𝗴 𝗧𝗲𝘀𝘁𝗶𝗻𝗴 𝗶𝗻 𝗣𝗮𝗿𝗲𝗻𝘁𝗶𝗻𝗴 𝗠𝗮𝘁𝘁𝗲𝗿𝘀
Insights from a Former Registrar and Current Family Law Mediator

Drug testing is one of the most common and misunderstood issues by parents in parenting disputes. At 𝗠𝗠 𝗠𝗲𝗱𝗶𝗮𝘁𝗶𝗼𝗻𝘀, we see how questions around drug use, testing methods, and reliability can make matters more complex. Preparing properly for mediation can help parties resolve these disputes without the need for contested hearings.

The Federal Circuit and Family Court of Australia has broad powers to order drug testing through hair, urine or blood analysis under sections 65D(1), 67ZC, 68B and 114 of the Family Law Act 1975. Results are part of the evidentiary picture but they do not automatically determine the outcome of a case.

Different tests have different strengths and limitations. The reliability of results depends heavily on proper chain of custody procedures and, particularly for hair follicle testing, expert interpretation of results. Courts consider results in context, including the frequency and recency of drug use and whether exposure may have been passive rather than active. Mitigating steps such as counselling, rehabilitation and ongoing clean tests can also play a significant role.

Medicinal cannabis presents its own complexities. Even with a prescription, the use of medicinal cannabis is not automatically acceptable in parenting proceedings. Courts focus on whether the use creates risks such as impairment, unpredictability, safety concerns or a reduction in parenting capacity. Expert evidence from the prescribing doctor is often essential to explain dosage, side effects, impairment risks and whether safer alternatives exist.

𝗦𝗼𝗰𝗶𝗮𝗹 𝘀𝗰𝗶𝗲𝗻𝗰𝗲 𝗿𝗲𝘀𝗲𝗮𝗿𝗰𝗵 consistently demonstrates that children of parents who misuse substances face higher risks of neglect. This may include missed meals, poor supervision, disrupted routines and inconsistent or heightened parenting responses under stress. Two recent resources worth noting are “Understanding the needs of children living with parental substance misuse” published in the British Journal of Social Work, and “Impact of parents’ substance misuse on children” published in BJPsych Advances.

The courts have also provided useful guidance. In 𝗪𝗲𝘀𝘁 & 𝗪𝗲𝘀𝘁 [2015] 𝗙𝗮𝗺𝗖𝗔 839 a parent was restrained from time with the children due to unmanaged risk. In 𝗗𝗮𝗺𝗶𝗰𝗼 & 𝗗𝗮𝗺𝗶𝗰𝗼 [2020] 𝗙𝗖𝗪𝗔 53 habitual use was inferred from hair testing and influenced the parenting orders made. In 𝗦𝗶𝗻𝗶𝘀𝗶 & 𝗕𝗮𝗿𝗯𝗮𝘀 [2024] 𝗙𝗲𝗱𝗖𝗙𝗮𝗺𝗖2𝗙 1573 the court made parenting time conditional on negative drug tests supported by expert evidence.

𝗨𝗻𝗮𝗰𝗰𝗲𝗽𝘁𝗮𝗯𝗹𝗲 𝗥𝗶𝘀𝗸 𝗶𝗻 𝗙𝗮𝗺𝗶𝗹𝘆 𝗟𝗮𝘄

The concept of unacceptable risk is well known to family law practitioners. In mediation, it often arises when considering what parenting arrangements best promote a child’s safety and well-being. Here is a snapshot summary:

𝗟𝗲𝗴𝗶𝘀𝗹𝗮𝘁𝗶𝘃𝗲 𝗙𝗿𝗮𝗺𝗲𝘄𝗼𝗿𝗸
• Section 60CA of the Family Law Act 1975 (Cth) provides that the best interests of the child are the paramount consideration.
• Under section 60CC, the Court considers factors including the safety of the child and carers, the child’s views, developmental and cultural needs, parental capacity, and the benefit of safe relationships.

𝗧𝗵𝗲 𝗝𝘂𝗱𝗶𝗰𝗶𝗮𝗹 𝗧𝗲𝘀𝘁
Recent authorities, including Isles & Nelissen [2022] FedCFamC1A 97 built on M v M [1988] HCA 68, confirm that unacceptable risk involves a forward looking and predictive assessment based on the evidence. The Court applies a structured approach:

1. Identify the nature of the risk
2. Assess the potential magnitude of harm
3. Consider whether available safeguards sufficiently mitigate the risk

𝗔𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻 𝗶𝗻 𝗙𝗮𝗺𝗶𝗹𝘆 𝗩𝗶𝗼𝗹𝗲𝗻𝗰𝗲 𝗠𝗮𝘁𝘁𝗲𝗿𝘀
The concept extends beyond physical harm to include psychological, emotional and sexual harm, exposure to family violence, substance misuse, unmanaged mental health issues and other risks to parenting capacity.

In Lim & Zong [2022] FedCFamC1A 146, long term coercive and controlling behaviour was found in this case to create unacceptable risk, justifying an order for no contact.

In Arendse & Pilkvist [2025] FedCFamC1A 153, the Court held that even where objective risk was not established in this case, a parent’s genuine fear that impaired their capacity to care justified a restriction on time.

𝗜𝗻 𝗠𝗲𝗱𝗶𝗮𝘁𝗶𝗼𝗻
It can be valuable to consider prior to the mediation how identified risks might be mitigated in practical terms. This may involve exploring educational or behavioural programs for upskilling, therapeutic support or structured supervision arrangements and understanding the availability, cost , location and process of such supports.

Engaging a Mediator with strong knowledge of these concepts and frameworks can assist parties to remain focused on practical and long-term outcomes that best promote the child’s welfare.