There is no standard fee structure for lawyers in Australia. Legal fees usually depend on the type and complexity of the matter, the amount of work required, and whether negotiations or court proceedings are involved. Common fee arrangements include fixed fees, hourly rates, staged fees, or a combination of these methods.

Before engaging a lawyer, it is recommended that you confirm:

• Whether the fees are fixed or charged on an hourly basis;
• Whether the quoted fees include GST;
• Whether there are additional costs such as court filing fees, barrister’s fees, expert fees, translation fees, or other disbursements;
• What work is included in the quoted fees;
• What circumstances may result in additional fees;
• The estimated costs if the matter proceeds to negotiation, mediation, or litigation.

For general individual clients, if the estimated legal costs exceed AUD 750 (excluding GST and disbursements), Victorian lawyers are generally required to provide written disclosure of legal costs and a reasonable estimate of the total costs. Exceptions may apply in certain circumstances, including for some commercial clients. See the Victorian Legal Services Board’s guidance on getting your lawyer’s costs in writing.

Before your first consultation, it is helpful to prepare a concise timeline of events and organise relevant documents, including contracts, court documents, company records, financial records, emails, text messages, or WeChat conversations. You should also clearly identify the issues you would like the lawyer to help resolve. The more complete and organised your information is, the easier it will be for the lawyer to accurately assess the legal risks, available options, and likely costs.

Different business structures have significant differences in terms of liability, taxation, control, access to finance, and compliance costs.

A Sole Trader structure is simple to establish and generally has lower setup and administrative costs. However, the business and the owner are not separate legal entities, meaning that business debts and legal liabilities are generally the personal responsibility of the owner.

A Pty Ltd company is a separate legal entity. It can own assets, enter into contracts, and incur debts in its own name. It is often more suitable for businesses with co-founders, employees, external investors, or higher levels of operational risk.

However, establishing a company does not completely protect directors from personal liability. Directors may still be personally liable in circumstances involving personal guarantees, insolvent trading, breaches of directors’ duties, or certain unpaid company tax obligations.

A Trust may provide benefits for asset holding and tax planning, but its structure, trustee responsibilities, and distribution arrangements are generally more complex.

When choosing a business structure, you should consider:

• The level of business risk and expected turnover;
• Whether there are co-founders or investors;
• Whether external funding may be required or shares may be sold in the future;
• Protection of personal assets;
• Taxation and profit distribution arrangements;
• Administrative and compliance costs.

Legal structure and tax outcomes are not necessarily the same, so it is generally advisable to have the proposed structure assessed by both a commercial lawyer and an accountant. Australian Government comparison of business structures

Australia has a no-fault divorce system. An applicant does not need to prove who was responsible for the breakdown of the marriage. However, the parties must have been separated for at least 12 months and 1 day, with no reasonable likelihood of reconciliation.

The other party’s disagreement does not necessarily prevent the court from granting a divorce. If the court is satisfied that the separation period, Australian jurisdictional requirements, and service requirements have been met, it may still make a divorce order. However, the other party may dispute matters such as the date of separation, jurisdiction, or procedural requirements.

Even if both parties continue to live at the same address, they may still be considered “separated under one roof”. When applying for divorce in these circumstances, additional evidence is generally required to demonstrate that the marital relationship has genuinely ended. For example:

• Sleeping in separate rooms;
• Gradually separating financial arrangements;
• No longer attending social activities together as a couple;
• Changes to household duties and day-to-day living arrangements;
• Informing family members or friends that you have separated.

For the court’s formal requirements, see the Federal Circuit and Family Court of Australia’s guide to applying for divorce and its guidance on separation under one roof.

Potentially, yes. In Australia, a contract does not necessarily need to be contained in a formal document signed by both parties. Verbal agreements, emails, text messages, WeChat conversations, quotations, purchase orders, and the parties’ conduct in performing the agreement may all contribute to establishing that a contract exists.

Generally, the following factors need to be considered:

• A clear offer and acceptance;
• Consideration exchanged between the parties;
• An intention to create legal relations;
• Sufficiently certain and clear contractual terms;
• The parties having the legal capacity and authority to enter into the agreement.

The main issue is often not whether a verbal contract can be legally valid, but whether there is sufficient evidence to establish exactly what the parties agreed to. It is therefore important to retain quotations, payment records, chat histories, meeting notes, delivery records, and evidence of the parties’ subsequent conduct.

Certain transactions are subject to specific writing and signature requirements, including transactions involving the sale of land and certain guarantee arrangements. In these circumstances, relying solely on a verbal promise may not be sufficient.

The Australian Government also notes that written contracts are generally more reliable than verbal contracts and that, where a dispute arises over a verbal agreement, materials such as emails and text messages may be needed to establish what was agreed. Australian Government guidance on evidence of agreements and unpaid debts