Macmillan Legal offers broad expertise and experience in a range of legal practice areas including;
- General commercial and business law including contracts, deeds of agreement, leases and loans;
- Wills and estate planning;
- Family law with a strong focus on negotiated and agreed outcomes;
- Administration and guardianship matters, including SAT applications and reviews;
- Property and Land development law including compulsory acquisition of land and compensation, and land tax exemption for primary production;
- Strata scheme matters and disputes concerning the Strata Titles Act 1985 (WA) in the State Administrative Tribunal.
Commercial and Business Law
In commercial and business law, we assist with preparing and reviewing commercial documents, contracts, partnership and shareholder agreements, lease agreements, loan contracts, and providing independent advice regarding mortgages and guarantor obligations. We also help with establishing new enterprises, advising on business structures, reviewing building contracts, property and commercial leasing matters, and preparing deeds and agreements.
At Macmillan Legal, we recognise that resolving commercial disputes requires strong negotiating skills, strategic positioning, and the ability to deliver pragmatic and effective solutions quickly and efficiently. Our approach is directed towards achieving commercial outcomes that are in the best interests of our clients and ensuring legal costs are proportionate to client expectations and the work involved.
If you require legal advice or assistance in commercial matters, we invite you to contact Macmillan Legal.
Wills and Estate Planning
At Macmillan Legal, we understand the importance of planning for the future to protect your loved ones and assets. Our comprehensive estate planning services include preparing and updating Wills, Powers of Attorney, Enduring Powers of Guardianship, and Advanced Health Directives. We also assist with applications for Grants of Probate and Letters of Administration, as well as the administration of deceased estates.
Making a Will
A Will is a crucial document that outlines your wishes for the distribution of your estate after your death. It appoints a trusted person to manage your estate and ensures your loved ones are provided for. Without a Will, your estate will be distributed according to statutory rules, which may not align with your wishes. We recommend seeking professional advice to ensure your Will is legally valid and addresses any complex family or business situations.
Testamentary Trusts
A testamentary trust, created by a Will, can protect and manage assets for beneficiaries such as minor children or vulnerable adults. It offers protection against financial challenges and can provide tax advantages. Testamentary trusts are particularly useful in situations involving remarriage, step-children, or complex family dynamics.
Enduring Powers of Attorney and Guardianship
An Enduring Power of Attorney (EPA) allows you to appoint someone to manage your financial and legal affairs if you become unable to do so. An Enduring Power of Guardianship (EPG) authorizes a trusted person to make personal, lifestyle, and healthcare decisions on your behalf. These documents ensure your wishes are respected and provide peace of mind for you and your family.
Advanced Health Directives
An Advanced Health Directive outlines your preferences for medical treatment in the event you cannot communicate your wishes. This document helps medical professionals make decisions that align with your values and relieves your family from making difficult choices during stressful times.
Estate Administration
We assist executors with applying for Grants of Probate and Letters of Administration, gathering estate assets, paying debts, and distributing the estate according to the Will or statutory rules. Our expertise ensures the process is handled efficiently and in compliance with legal requirements.
Disputed Estates
In cases of contested Wills or inheritance disputes, we provide expert advice to protect your estate and achieve cost-effective resolutions. Our goal is to minimise conflict and ensure fair outcomes for all parties involved.
For assistance with your Wills and Estate Planning we invite you to contact Macmillan Legal.
Family Law
Macmillan Legal has been practicing family law in Perth, Western Australia since 2011. Our director and senior lawyer brings extensive experience across various legal sectors, providing clear and concise information about legal processes and procedures. We offer practical legal advice to help you determine the best course of action for dispute resolution, ensuring you are fully informed on how to move forward with your case.
At Macmillan Legal, we recognise that ending a marriage or de facto relationship can be incredibly difficult and an emotional experience. We emphasise the importance of obtaining independent legal advice to understand your property rights, parental obligations, and care arrangements for children. Our approach is collaborative and empathetic, involving and informing clients throughout the legal process. We aim to resolve disputes and finalise financial relationships without escalating conflict, thereby minimising legal costs. Suzanne Macmillan, our director and senior lawyer, ensures that each client’s situation is treated with respect, compassion, and confidentiality.
We engage with clients collaboratively and with genuine empathy to encourage their informed involvement and understanding of the legal processes and principles governing their particular situation. Our experience and expertise in family law enable us to provide broad and innovative options and creative and practical solutions to complex legal issues.
Macmillan Legal is experienced in family law property and children’s matters and can provide professional advice and assistance to clients in relation to:
- Separation, divorce and spousal maintenance;
- Property rights and options for property settlement;
- Negotiating optimum care arrangements that are in the best interests of children;
- Negotiating a property settlement with a former partner;
- Applications for consent orders filed in the Family Court of Western Australia;
- Binding financial agreements for property made either prior to, during a relationship or a marriage or following separation or divorce;
- Mediation and dispute resolution options;
- Litigated proceedings in the Family Court of Western Australia involving an application for orders or a response to an application for orders and trial issues.
Separation and Divorce
At Macmillan Legal, we understand that separation and divorce can be emotionally challenging. We aim to alleviate stress by providing professional advice and assistance in preparing and e-filing divorce applications in the Family Court of Western Australia. Applications can be made solely by one party or jointly by both parties. Joint applications are often preferable as they involve fewer steps and reduced obligations regarding the service of documents.
For a divorce to be granted, the Family Court must be satisfied that the parties have been separated for at least 12 months immediately before the application for divorce is made. The reasons for the breakdown of the marriage are not taken into consideration by the Family Court when considering a divorce application. Divorce in Australia is founded on a no fault basis. All that is required is proof that parties have been separated for at least 12 months. If there are children under 18, the Family Court will require information about their care, living arrangements, education, and financial support before granting the divorce.
Separation under one roof
Often parties have been residing in separate premises for at least 12 months before an application for divorce is made and have not resumed cohabitation during this period. On the other hand, out of convenience or to save rental costs, some couples continue to reside in the same household during the period of separation. This is known as ‘separation under one roof’. In certain circumstances, a divorce can be granted where parties are separated, though they have remained living under one roof. For parties residing under one roof, the Family Court will require additional evidence such as living, financial and other arrangements to prove that parties were separated. You may also have to file an affidavit by an independent person such as a relative, friend or neighbour to confirm that parties were separated while living under one roof.
Reconciliation attempts
Parties may also have resumed cohabitation for a short time in an attempt to reconcile during the period of separation.
If parties separate and resume cohabitation in an attempt to reconcile and later separate again, the period of time that parties were previously separated may not apply when determining the 12 month period of separation required for the divorce application.
Resuming cohabitation
Resuming cohabitation is more than simply residing under one roof. It means that parties are living substantially as husband and wife resuming the same marital relationship as they were prior to separation. If parties resume cohabitation and separate again within 3 months, you may use the period of time you were previously separated to satisfy the 12 month separation period.
However, if you resume cohabitation for 3 months or more, the period of separation prior to the resumption of cohabitation cannot be taken into account and parties must separate for a further period of 12 months in order to satisfy the separation period for a divorce application.
If there are children from the relationship or other children affected by the divorce that are under 18 years old, the Family Court will need to be satisfied that suitable Parenting arrangements for the children’s accommodation, education and support have been made before granting the divorce. Prior to or after a divorce, Macmillan Legal can assist in terms of any Property division or settlement that you wish to enter into with your spouse.
Following the grant of a divorce, parties have 12 months to apply for property division in the Family Court. If this timeframe is missed, the court’s leave is required to extend the time for property proceedings. The applying party must demonstrate that they or their children would suffer hardship if the extension is not granted. Additionally, a new Will should be made immediately after divorce, as the grant of a divorce order automatically revokes an existing Will.
Spousal maintenance
Spousal maintenance refers to the financial support that one partner provides to the other. A partner in a marriage is liable to maintain the other partner to the extent that they can reasonably afford to do so, especially if their spouse is unable to support themselves adequately. In some situations, spousal maintenance also extends to parties in de facto relationships, including same-sex couples.
Macmillan Legal can advise you on your ability to claim or to have a claim made against you for spousal maintenance. If no agreement regarding spousal maintenance can be reached, we can also assist you with commencing Family Court proceedings to seek and enforce any spousal maintenance orders.An application for spousal maintenance is a separate application from property settlement, but it is usually dealt with alongside other matters such as property division and divorce law. If Macmillan Legal is managing your property settlement, spousal maintenance is an issue to which our family law solicitor will give consideration.
Children and parenting matters
The paramount duty and responsibility for separated parents is to work together co-operatively to agree and support care arrangements that are in their child or children’s best interests. By reaching mutually agreed decisions based on the children’s emotional health and well-being enables parents to achieve the best possible outcomes for their children and minimises the potential harm that they may experience during parental separation.
We encourage clients who are involved in or contemplating the negotiation of children’s arrangements and parenting plans to think outside of the box and to be flexible and creative in their decision-making. The obligation for parents is to support the right of their child or children to continue to have or develop a meaningful relationship with both parents, having regard to the particular circumstances. We emphasise to clients the importance of exploring and trialling different options for care arrangements, and to engage in professional mediation or other dispute resolution processes to attempt to reach agreement. In our experience, rather than battle disputes out in Court, it is far preferable for parents to agree and avoid the emotional harm that each party, their children and extended family members will otherwise experience.
Options for property settlement
At Macmillan Legal, we understand that going through family law property or parenting matters can be challenging. Engaging in litigation that ends in a trial in the Family Court of Western Australia (Family Court) is often the least attractive option. The trial process can be all-consuming, lengthy, emotionally exhausting, and expensive, with outcomes that may not always meet the parties’ expectations.
We encourage our clients to negotiate with their former partners to reach fair and equitable property settlements, considering their unique circumstances. The Family Court of Western Australia emphasises the importance of negotiation and pre-litigation processes to resolve disputes before commencing court proceedings for parenting or property orders.
Reaching a property settlement early is in the best interest of all parties involved. Prolonging decisions can lead to disputes, especially when financial relationships are affected by unexpected events such as the introduction of a new partner, inheritance, or a successful new business venture. These factors are relevant in property matters.
We advise our clients to seek legal advice and consider dispute resolution processes such as mediation or arbitration to resolve matters with their former partners.
Family Court of WA – Applications for Consent Orders
At Macmillan Legal, we prioritise agreed property settlements over contested applications for property orders to reduce conflict and expenses, and to maintain future communication between parties if desired. We assist clients in formalising property settlements and parenting arrangements through applications for consent orders with the Family Court of Western Australia. Our team provides professional advice and assistance in preparing and responding to these applications, ensuring the proposed orders are fair and equitable based on the parties’ circumstances.
We encourage clients to visit the Family Court of Western Australia’s website for informative resources. The factors which the Family Court must consider when determining whether the proposed consent orders are fair and equitable (Family Law Act Section 79 Family Court Act Section 205ZG).
Macmillan Legal can negotiate on behalf of clients to achieve fair property settlements and review draft documents prepared by other parties. We also consider each client’s circumstances to provide flexible payment options and strategies to resolve matters efficiently.
Litigation – applications for orders in the Family Court of WA
At Macmillan Legal, we believe that successful property settlements after the breakdown of a marriage or de facto relationship can be achieved through reasonable negotiation and early legal advice. Most family law property settlements are finalised by consent orders made by the Family Court, which is the most efficient way to resolve financial relationships. However, contested proceedings can lead to prolonged litigation, increased legal costs, and emotional tolls. We caution against relying on advice from friends or relatives, as each case is unique. We provide professional and practical advice to help clients understand legal rules and promote positive negotiations with their former partners.
Binding Financial Agreements (BFAs)
A Binding Financial Agreement (BFA) is a private written agreement between parties in a marriage or de facto relationship regarding property interests and how assets will be managed if the relationship ends. BFAs can be entered into at any stage of a relationship, including before it begins, during the relationship, or after it ends. The agreement covers existing and future assets and liabilities and may also include spousal maintenance.
For a BFA to be effective, both parties must obtain independent legal advice about the advantages and disadvantages of the agreement. The advice must come from different lawyers, and once properly executed, the BFA becomes legally binding and enforceable. However, the terms of a BFA must not be so unfair that the Family Court would find a reason to set it aside.
The cost of drafting a BFA varies based on individual circumstances and the complexity of the agreement. While BFAs are complex legal documents that require careful drafting by experienced lawyers, they are generally less costly than litigating financial matters after separation.
Sometimes, even after agreements have been reached or Family Court Orders have been made, one party may need to seek enforcement due to the other party’s failure to comply. This can apply to both parenting arrangements and financial matters. Often, further Family Court action is required, as the Court has significant powers to enforce its Orders, making this area of law quite complex.
We always recommend seeking professional advice before proceeding with enforcement actions. At Macmillan Legal, our experienced family law solicitor can advise you on the appropriate enforcement options and pursue these options through the Family Court. Depending on the situation, we may be able to resolve the issue without requiring Family Court proceedings and can provide advice on alternative options available to you.
Macmillan Legal are able to handle all aspects of your divorce application including the preparation of court papers, service of the divorce application on your spouse and court representation at the divorce hearing.
We recommend visiting the Family Court of Western Australia for information on procedural requirements and welcome the opportunity to assist you with your family law matters.
Administration and Guardianship
In Western Australia, the Guardianship and Administration Act 1990 allows for the appointment of guardians and administrators to make decisions on behalf of individuals who are unable to do so due to incapacity. These legal tools are designed to protect individuals who cannot make decisions for themselves due to mental disabilities, such as dementia, intellectual disabilities, or psychiatric conditions.
Guardianship
Guardians are appointed to make personal, lifestyle, and medical decisions for individuals lacking the capacity to do so. This includes decisions about medical treatment, living arrangements, and other personal matters.
Administration
Administrators are appointed to manage financial and property decisions. They handle matters such as managing bank accounts, investments, and property sales for individuals who cannot make these decisions themselves.
Application Process
To obtain a guardianship or administration order, an application must be made to the State Administrative Tribunal (SAT).
The process generally involves:
- Application Submission: An interested party, often a family member or close friend, submits an application to SAT, providing evidence of the individual’s incapacity and the need for a guardian or administrator.
- Hearing: SAT schedules a hearing where the applicant must demonstrate that the individual cannot make decisions for themselves. The suitability of the proposed guardian or administrator is also assessed.
- Decision: If SAT is satisfied that a guardian or administrator is necessary, it will issue an order specifying the powers granted to the appointed individual.
Rights and Responsibilities
Guardians and administrators have specific duties and responsibilities, including acting in the best interests of the client. They must respect the individual’s wishes and preferences whenever possible. The Office of the Public Advocate can provide information and support regarding guardianship and administration matters, including the appointment of enduring guardians.
Guardianship and administration laws in Western Australia are essential for protecting the rights and well-being of individuals who cannot make decisions for themselves. If you need assistance or more information, contact Macmillan Legal, or the Office of the Public Advocate for guidance.
Property Law and Strata Scheme Matters
Macmillan Legal is dedicated to guiding clients through the complexities of property law and strata scheme matters, ensuring their rights and interests are protected every step of the way.
If you and your partner separate, it’s important to consider the division of any property owned. The Family Law Act outlines the general principles the court follows when resolving financial disputes after the end of a marriage or de facto relationship. These principles apply equally to both types of relationships and include:
- Assessing your assets and liabilities and determining their value.
- Evaluating direct financial contributions from each party, such as wages and salaries.
- Considering indirect financial contributions from each party, such as gifts and inheritances from families.
- Taking into account non-financial contributions, like caring for children and homemaking.
- Considering future needs, including age, health, financial resources, care of children, and earning capacity.
The division of your assets and debts will depend on your unique circumstances and your settlements are different for each client.
If you need assistance with your property settlement, contact Macmillan Legal.
Strata Scheme Matters
Strata schemes in Western Australia are governed by a strata company, which is made up of all lot owners. This group collectively owns and manages the common property and makes decisions about its maintenance.
Strata management is about ensuring smooth operations, maintaining shared spaces, handling finances properly, and ensuring effective communication. Whether managed in-house or with professional support, every scheme needs structure, communication, and legal expertise to stay on track.
Strata living, which includes apartments, units, townhouses, and villas, is becoming one of the most preferred property ownership models in Western Australia. With this rise in popularity comes the need for a comprehensive and updated legislative framework to ensure that the management and day-to-day operations of strata properties are transparent, fair, and efficient. Amendments to the Strata Titles Act 1985, which took effect on 1st May 2020, aim to address these needs.
Strata Title Act disputes often arise from disagreements between property owners, strata companies, and other stakeholders within a strata scheme. These disputes can involve a variety of issues, including:
- By-law breaches: Conflicts over the enforcement or interpretation of by-laws governing the use and management of common property.
- Maintenance and repairs: Disputes regarding the responsibility for maintaining and repairing common property or individual lots.
- Financial management: Issues related to the management of strata funds, levies, and financial contributions from lot owners.
- Meetings and decisions: Disagreements over the conduct of meetings, voting procedures, and decisions made by the strata company or council.
At Macmillan Legal, we have extensive experience in handling disputes under the Strata Titles Act 1985 (WA). Our team provides expert advice and representation in the State Administrative Tribunal (SAT) to resolve these conflicts efficiently and effectively. We aim to protect our clients’ rights and interests while minimising the stress and costs associated with legal disputes.
If you are facing a Strata Title Act dispute, contact us at Macmillan Legal for professional assistance and support.