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Phone: 3465 9332

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  • Our Team
    • Courtney Barton – Legal Practice Director
    • George Finn – Manager
    • Chris Colwill – Partner
    • Elizabeth McAulay – Partner & Team Leader
    • Linda Cannings – Special Counsel
    • Samantha Curry – Senior Associate & Team Leader
    • Shinai Fisher – Associate
    • Rachel Elaurant – Associate & Support Team Leader
    • Shania Fernandes – Solicitor
    • Eliza Harley – Law Graduate
    • Camille Bosker – Law Graduate
    • Cailey Brazel – Paralegal
    • Monica Jamil – Paralegal
    • Maisie Waite – Paralegal
    • Kiera Edge – Legal Assistant
    • Zachary Kelly – Legal Assistant
    • Chanae Peaker – Legal Assistant
    • Carys Lee – Legal Assistant
    • Christina Francis – Accounts Officer
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    • Divorce Property Settlement Lawyer Brisbane
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Book a Consultation

If you have separated or are thinking of separating, the first step for you to take control of your life is to book a Consultation with one of our experienced Brisbane Family & Divorce Lawyers.

Contact us today to arrange a Consultation with our experienced Family & Divorce Lawyers to have a confidential discussion about your individual circumstances.

    How we can help you

    Our Brisbane Family & Divorce Lawyers can help you with all issues relating to your separation, including:

    • Child custody Lawyers 
    • Financial Separation
    • Divorce Property Settlement Lawyers 
    • Fixed Fee Divorce Lawyers 
    • Fixed Fee Consent Orders
    • Parenting Plans 
    • Domestic Violence Lawyer / DVO Lawyer
    • Application for protection order
    • Superannuation Splitting & Advice Lawyers
    • Spousal maintenance
    • Child Support Lawyers
    • Mediation Representation 
    • Non-parent rights;
    • Court representation;
    • Mediator Services

    Our Mission

    We are passionate about supporting our clients through their separation journey in order to give them power and control over their future. We are driven to provide more value to our clients through our unique fixed fee model. We are committed to delivering the best practical outcome to our clients, quickly and cost effectively, that makes a positive difference to their lives.

    What makes Barton Family Lawyers different? 

    We understand that hiring a Family lawyer can feel quite daunting.

    Our Brisbane Family & Divorce Lawyers:

    • Only do family law all day every day. That makes us really good at what we do;
    • Are dedicated to helping you work through your family law issues so you can have a fresh start;
    • Have your best interests at heart;
    • Have the knowledge and experience to solve your family law problems, no matter how complex;
    • Will help you to reduce the conflict with your former partner;
    • Will fight for you and your children;
    • Provide exceptional quality service to you, tailored to your individual case needs;
    • Will educate you about your options, the steps you need to take and we will develop a strategy to help you to achieve a fair outcome and the best practical outcome for you and your family;
    • Will provide you with practical, commercial, strategic and solution focused advice to empower you to make smart decisions following separation that will save you time, money and stress;
    • Will deliver an outcome to you quickly and cost effectively, with fixed fees for certainty;
    • Will do everything within our legal power to get you the best outcome for you and your family;
    • Are with you, supporting you, every step of the way from negotiations, to mediation, to litigation and settlement.

    Don’t like the path you are currently heading down at the moment in your life? The best way to change your future is to create it.

    By choosing one of our Brisbane Family & Divorce Lawyers, you choose certainty that you are on the right path to taking control back in relation to your future.

    How to prepare for your Initial Consultation

    Click the link to access the following checklists, in preparation for your initial consultation:

    1. Separation Checklist – To ensure you have done everything you need to do to protect yourself both before and after separation;
    2. What to do before your initial consultation –  To ensure you are prepared and to gain the most benefit possible;
    3. Client checklist of Financial documents   – We recommend that you start collating these documents and as much information as possible about the assets in your name, joint names and your former partner’s name, prior to your initial consultation. Being prepared for your first consultation with as much information as possible about the property pool allows you to make the most out of your appointment and we can give you more detailed information and advice about your rights and entitlements. 
    4. Master Your Negotiation Preparation Handbook– This is an excellent resource whether you are engaging a lawyer from our team to represent you or even if you are self-representing. Complete the handbook and bring it with you to your initial consultation or email it to us prior to your appointment. The Handbook covers the most important questions we will ask you in your initial consultation, which are relevant to the advice we will give you about your entitlements.

    What to expect in your Initial Consultation

    During your reduced rate consultation, one of our experienced Brisbane family and divorce lawyers will:

    √     LISTEN TO YOUR CONCERNS

    √     CLARIFY AND UNDERSTAND YOUR INDIVIDUAL NEEDS

    √      PROVIDE YOU WITH DETAILED ADVICE ABOUT YOUR RIGHTS

    √     PREPARE A FIXED FEE QUOTE TAILORED TO YOUR MATTER

    √     DISCUSS THE PROCESS AND THE NEXT STEPS

    √      FORMULATE A STRATEGY TO GET YOU TO WHERE YOU WANT TO BE AS QUICKLY AND COST EFFECTIVELY AS POSSIBLE

    I want to separate assets and finances

    In your initial consultation, we will discuss with you the possible outcomes that are just and equitable to you (aka the ‘range of your entitlements’) based on the facts of your case. This is what we like to call the ‘bullseye on the dart board’ or the ‘goal post’.

    During your consultation, we will discuss what is known as the Five Step Process which is outlined in some detail below.

    Step 1 – Is it Just & Equitable to make an order adjusting the interest of the parties?

    There is no automatic entitlement for you to receive an adjustment of property in your favour. Each case is assessed on its own facts.

    In most cases, this element will be satisfied by virtue of the length of the relationship, the contributions of the parties to the asset pool and the intermingling of the parties finances and assets in circumstances where the parties no longer have common use of joint property.

    Step 2 – Assessing your current Assets, Liabilities & Superannuation

    The second step is to assess your current assets, liabilities & superannuation, whether in joint names or in the sole name of you or your former partner. Assets include, for example, the family home, any businesses, cars, shares and all assets whether of monetary or sentimental value. This includes assets you have purchased post separation as all assets, no matter when acquired are taken into account.

    After we have assessed the property pool we will ask about what your ‘magic wand’ outcome, for example, whether your goal is to keep the family home or have enough money to buy a new home. We will ask you whether your priority is retaining more cash or super.

    It is important for you to have estimates of the values of the assets, liabilities and superannuation so that we can refine our preliminary advice to you. If you are unsure about what the assets, liabilities and superannuation are, we will ask you to do some further investigations post the appointment or alternatively, when you engage our services, we will seek this information directly from your former partner.

    We will provide you with a client checklist of financial documents at the end of your appointment called ‘disclosure documents’ which you can then start collating (if you have not done so already) so when you are ready to engage us, we can hit the ground running and make the most of your fixed fee agreement.

    Step 3 – Assessing the Contributions made by you and your former partner

    This is where we assess the contributions made by both you and your former partner to that pool.  A contribution can be:

    1. financial (e.g. paying the mortgage);
    2. non-financial (e.g. looking after the children, cooking and cleaning or renovating the family home).

    Contributions as homemaker and parent are considered just as important as contributions of the breadwinner in any financial separation. We will need to know what assets you each had at the commencement of your relationship. Advising our Family Lawyers of any lump sum payments, gifts or inheritances received during the relationship and when these windfalls were received will assist our lawyers determining a just and equitable settlement. Our Family Lawyers Brisbane will also ask who has been paying the bills post separation and they will talk about spousal maintenance where relevant to your case. This information will help us to determine what a Court would say your contributions-based entitlement is e.g. 40%, 50%, or 60%.

    These contributions made in the relationship are the most important factor in determining the division of your assets in your property settlement. However, the length of your relationship will determine the impact these contributions have on your settlement because they will have ‘eroded’ in importance over time. Any windfalls will be considered in the context of when they were received. The more recent a windfall is e.g. if it was received close to or after separation, the more relevant it will be.

    As you can see, the length of the relationship is pretty important in assessing your entitlements.

    Step 4 – Assessing Future Needs

    Step four is to look at the future needs of either party. Future needs will play a major role in determining what is considered equitable in a financial settlement. There may be what we call an ‘adjustment’ in favour of one party if their future needs are greater than the other party.

    We will ask you how old you are, what your respective income capacities are, any health issues, and what the current care arrangements are for the children.

    We will also ask about any anticipated inheritances, new partners, and any other factor affecting your future financial needs.

    Step 5 – Assessing what is Just & Equitable

    Having regard to the first 4 steps, we will provide you with a preliminary assessment as to the percentage of the property pool that you are entitled to and we will discuss different options to negotiate this split, and the next steps to be taken to achieve your goals.

    When we are giving you legal advice about your entitlements, we will usually express our advice as a range (e.g. 60% – 70% of the property pool). Your entitlements are expressed as a range because every judge is different and each judge has discretion, meaning that two judges reviewing the same facts, could make a slightly different decision.

    As part and parcel with this step, we review the current ownership of the assets, liabilities and superannuation between the parties and determine what actual assets you should each receive, including what adjustment, if any, is required to you/the other party (e.g. cash/super) to affect the percentage split that you are entitled to.

    The final division of the actual assets is relevant to determining the justice and equity of the orders. E.g. if one party receives only super which they can only access at retirement, whilst the other party receives a house unencumbered, the Court may question whether such an order is just and equitable in all the circumstances.

    Every case is different. Each case will be determined on its own facts.

    Contact us to book a reduced rate initial consultation with one of our experienced family lawyers and we will be able to give you preliminary advice as to your range of entitlements.

    Complete our Master Your Negotiation Property Settlement Preparation Handbook and bring it to your initial consultation, so you can make the most out of it and so as to enable us to provide you with detailed advice about your entitlements.

    The process to split assets & finances

    In most cases, the pathway to resolution of your property settlement matter looks like this:

    property settlement pathway

    Whilst the pathway set out above may seem simple and straightforward, in our experience, there are often bumps in the road along the way, for example, if your former partner is hiding money, selling assets or refusing to provide disclosure to your lawyer. During your initial consultation, we will discuss a strategic plan, specific to your case, to protect your rights, and to get you from where you are now, to where you want to be, as quickly and cost effectively as possible.

    Is Negotiation/mediation not appropriate in your case?

    Court is always the option of last resort. There are a number of pre-action procedures that must be followed before a Court application can be filed, except where limited exceptions apply. These pre-action procedures include attendance at mediation, the provision of disclosure and the exchange of offers of settlement between the parties.

    Speak to one of our experienced family lawyers if you are of the view that mediation/negotiation prior to court proceedings is not appropriate in the circumstances of your case.

    I want to negotiate Child Custody

    If you are concerned about parenting and child custody related issues, we will listen to your concerns and clarify and understand the reasons you have come to us. We will ask you about the care of your children during the relationship and following separation. We will ask you what you want, what your ‘magic wand’ outcome is and what you can live with as a compromise.

    After hearing about what is important to you and what the best practical outcome for you and your family is, we will provide you with advice about whether that is possible, the steps that will be required to achieve that outcome and we will develop a strategic plan to help to get you from where you are to where you want to be.

    We will:

    1. Provide advice on how to negotiate an agreement with the other parent in relation to the care of your children;
    1. Discuss the options with you, including negotiation by letter or through a process called mediation;
    1. Talk about court as an option of last resort and the costs if you want to engage us to prepare your court documents and to represent you in court;
    1. Provide you with our recommendation as to which option is right for you in the circumstances of your case; and
    1. Discuss the options available to you to document your parenting agreement when one is reached. We will talk about the difference between the consent order and a parenting plan and the pros and cons of each option.

    If your matter is already in court, we will discuss your case, review your court documents, talk about your upcoming court date and provide you with advice about the likely outcome and the cost if you engage us to prepare response documents and to represent you at court.

    The process to resolve child custody

    If you are unable to reach an agreement with your former partner in relation to the living arrangements of your children, as well as other important issues to do with their care and welfare, the process is as follows:
    child custody

    Family law Mediation with a dispute resolution practitioner is a compulsory step that you must take prior to making an application to the Court for parenting orders. Whilst there are certain exceptions where mediation may not be required, for example, circumstances of urgency and/or risk, in the large majority of cases, you must participate in mediation first. A list of exceptions when you can seek an exemption from participating in mediation prior to making an application to the Court can be found in our article: Do I have to mediate before Court? The exceptions explained. 

    When you file your application to the Court, you must prove that you have participated in Mediation by attaching a copy of your dispute resolution certificate, known as a ‘section 60I’ certificate. You should be aware that a section 60I certificate is effective for twelve months only.

    To find a dispute resolution practitioner in your local area contact us for a list of private mediators recommended by us. You can also engage in mediation with a dispute resolution practitioner at Relationships Australia. Relationships Australia is a free service. However, mediation through Relationships Australia may take many months to arrange, whereas if you elect to engage a private mediator, you can arrange a mediation within a couple of weeks.

    To find out more about the process once you file an application to the Court for parenting orders, click the link: Child Custody Lawyers. 

    What are your fixed fees?

    We are one of the only firms in Queensland who offer fixed fees for all services.

    To find out more about our Fixed Fee offering, click the link. 

    During your initial consultation, our Family Lawyers will discuss our unique fixed fee structure and provide you with a fixed fee quote tailored to your case.

    How much is our First Consultation?

    Our First Consultation is offered at a reduced rate of $395 for all new clients or $600 if you wish to go onto the wait list for an appointment with our Practice Director.

    Contact us today to make a booking for a consultation with one of our experienced Brisbane Family & Divorce Lawyers. Your future starts today.

    barton family lawyers

     

     

     

    I cannot recommend this law firm enough, especially Shania, who has been nothing short of exceptional. Right from the start, she was a total professional and a fierce advocate. Shania knew exactly what I wanted, stayed focused, and went straight for it without hesitation. Her presentation of my case was flawless; her delivery was so sharp it left everyone speechless. She’s been on point every step of the way, and so far, she has secured everything I hoped for, heading into the final hearing with a strong foundation.

    I chose this firm because of their deep expertise in handling narcissistic abuse cases, and Shania has demonstrated an exceptional understanding of the complexities involved. This is a lawyer that truly knows what she’s doing, and she’s incredibly dedicated to delivering results. Don’t waste time looking elsewhere—go straight to this firm. Shania knows what you’re going through, understands what you need, and will go above and beyond to get it for you.

    Jai

    Forever grateful to Chris and Rachel and the whole team at Barton Family law for keeping my child and myself safe. They went above and beyond and there were no hidden costs or surprises to stress about such as paying per email or phone call throughout the ordeal. They were upfront and honest and made sure I was well represented. Thank you all so much for everything.

    Nat

    Barton Family Lawyers are an exceptional group of people.

    Before my initial consultation, I was confused and felt trapped. I expected to lose what little I had left. Engaging the support of Barton Family Lawyers was a turning point and the single best decision I have made in my life so far.

    Chris, Rachel and Chloe were unwavering in their support. No question went unanswered. The expectations and options available were always clear, fair and realistic. Thanks to the teamwork that went on in the background, I was able to start focusing on rebuilding my life before the matter had come close to finalising.

    Words do not do justice the level of passion, professionalism, integrity and genuine care that is on display in everything that Barton Family Lawyers does.

    Thank you Chris, Rachel, Chloe and the rest of the Barton team. The future of Barton Family Lawyers and its people is bright. No doubt the same can be said of anyone else who seeks their support.

    I owe my future in large part to you and will be a lifelong advocate.

    Timothy

    Barton Family Lawyers were fantastic – especially Ellie. Ellie was so professional, thoughtful & proactive with her dealings with me. She was always keeping me updated & was so genuine in looking after me & my best interests. In the most stressful & difficult time in my life Ellie always went above & beyond to ensure this was one area I didn’t need to worry about. I absolutely recommend Ellie & Barton Family Lawyers! 😊

    Debbie

    Ellie and Alice make a wonderful team. Ellie is incredibly knowledgeable, thorough, precise and approachable. She ensures you have a full understanding of processes and timelines by providing detailed information and maintaining regular contact. I felt supported throughout the entire process. Alice was an integral part of the entire process and really made me feel I always had a point of contact, was calm and considerate no matter the query and really spent quality time assisting when needed. I highly recommended Barton Family Lawyers and this team in particular.

    Kelly

    Had the most incredible experience with Barton Family Law. Shinai and the entire team were always so helpful and made me feel like I had someone in my corner fighting for me. They helped navigate me through big life challenges and I always felt supported. The fixed fee agreements took so much of the stress away knowing you’re not paying by the hour – and you get a breakdown of what they’re going to do. Couldn’t recommend enough! I will use them again in a heartbeat if I need to!

    Keely

    Barton Family Lawyers were recommended to me by another law firm as they didn’t deal with family law matters. All of the staff at Barton were very professional and constantly kept me informed every step of the way and they achieved a very good outcome for me without costing a fortune. I would have no hesitation in recommending them to others and already have. You can be confident Barton Family Law will ensure your best interests are their priority.

    Frank

    Barton Family law handled my separation property settlement, professional and courteous, prompt responses and exceptional advice.
    Cailey and Samantha were outstanding and extremely helpful with the whole process.
    Highly recommend Barton Family Law for any family law matters

    Trent

    Thank you Shinai and the team at BFL. They were professional, knowlegable and patient with all my queries and concerns throughout the process, and always communicated in a timely manner. The fixed fee arrangement was great, as I was aware of all costs up front, removing further stress in the process. I am so thankful for the wonderful team that guided me with patience and compassion throughout this journey, and achieved the outcome I had hoped for.

    Marta

    Shinai and her team were great to deal with during a difficult seperation.

    Professional and understanding from start to finish.

    I have no hesitation in recommending Barton Family Lawyers

    Martin

    Courtney and her team at Barton were fantastic. They are highly knowledgeable, experienced and efficient, but are also sensitive and compassionate regarding the difficult circumstances surrounding family law matters. Their communication is great and with their fixed fee agreements, you feel confident to ask questions to ensure you have all the information you need to navigate the court system. Thank you Barton Lawyers!
    1

    Nikki

    I researched who I hoped to be the best to represent me when I finally made the decision to go down the road I did. I chose Barton Family Lawyers because of the information on the website and I was not disappointed. I really did not know what I was about to come up against and I could not have asked for or expected to have such an amazing and wonderful team in my corner.
    I appreciate all the hard work that was done. They went above and beyond to help me get through the gruelling processes.
    Everyone who I came in contact with along the way in the office was always so warm and friendly and nothing was too much trouble.
    A special mention of Courtney, Shinai and George. I honestly can not thank them enough and can not express how grateful I am for their time and patience with me. I don’t know how they do what they do. I can only imagine that it must be rewarding when they achieve a good outcome.

    Cath

    Undertaking a drawn out and complicated property settlement, Courtney’s approach was down to earth and practical. Courtney started with the initial consultation, going through each scenario allowing me to make decisions best suited to my circumstances. This was particularly relevant when dealing with the other party in the dispute – who was reticent in consulting on a resolution. Courtney offered a number of different choices and options of retaining expert opinions, allowing me to work with people that were a right fit for me.

    Courtney and her team worked above and beyond core business hours to ensure all detailed analysis of documentation, at times within a short turnaround (usually on a Friday at 6pm). This was the real stand out to me, a firm that wasn’t just looking at billable hours but genuinely committed to ensuring care and attention were given when necessary.
    As a client, Courtney worked on my behalf and also with me to achieve an outcome that was just and equitable. Giving understanding during periods of frustration and encouragement to just follow the process. I can genuinely say Barton Family Law is a practice that cares about getting the best outcome for their clients no matter how simple or complicated the matter is. I would highly recommend Barton Family Law, Courtney and her team.

    Felicity

    I had the pleasure of having Shinai and Courtney represent me in a family matter. Both were delicate and considerate of my situation and achieved the best outcome for property settlement and separation in my divorce. Very grateful for the work they both did.

    Katrina

    Knowledgeable, experienced and very professional, always putting my needs first. I would not have made it to the end of my very lengthy settlement had it not been for Courtney and Shinai’s support.

    Libby

    Excellent Family Law Practice. Always quick to answer emails and return phone calls. The team is dedicated to the practice and to the clients. The best results are achieved because they all collaborate on every case. So very pleased with my outcome.

    Jen

    I engaged Courtney and Shinai for a property settlement after being unimpressed with the support and energy given by a previous lawyer. Courtney worked on my settlement whereby I felt my best outcome was being fought for. Shinai was knowledgeable and patient with all my enquiries during a difficult time . Many thanks. Highly recommended.

    Scott

    Courtney and the team were very professional, prompt and upfront in handling the parent order as well as filing my divorce. The team patiently answered all my questions, talked me through the whole process and were very quick in getting the matter settled – which is ideal during a stressful and upsetting period. I highly recommend their services.

    Marcela

    I can’t speak highly enough about my experience with Elizabeth. She worked hard and diligently to make sure I had the best possible outcome for my situation.
    I had an all round positive experience with everyone from Barton family lawyers, but Elizabeth was exceptional. Thank you so much for everything.

    Dominique

    Courney is the only person I would call if I ever had any legal issues. Her help, knowledge and experience had helped tremendously through the rough times during my children and property court battle. I highly recommend Barton Family Lawyers!

    Sinisa

    Found Courtney and George not only to be very professional but also very caring and courteous and I would strongly recommend using their services to family and friends if ever needed.

    Michelle

    Courtney is a master at her profession.She promised me she would get my power back ,and she delivered.She is a balance of great empathy and fights for you all the way ,the outcome was exactly what i needed.I highly recommend her and her amazing team,to get you the outcome you want.

    Kym

    I had Cortney help me with my family court matter. I couldnt have asked for a better team. From the start the care and understanding from the whole team at Barton was outstanding. I will be forever grateful for the outcome. If you are after a awesome family lawyer look no further. The photo never would have been possible without Courtney and her team. Thank you

    Danny

    Thank you to Courtney and the Barton team for guiding me through a difficult and confusing separation process. Barton Family Lawyers kept me updated, acted immediately on my questions and instructions and most importantly put my best interests forward at all times.

    There really is no way to put a price on the stress relief Barton’s exceptional service, understanding and drive for results brings.

    Highly recommended if you want the work done right, first time.

    Chris

    Courtney and her team have gone above and beyond for myself and children. I’m so appreciative of them fighting for what was fair for myself and children.
    Courtney knows how to deal with narcissistic behaviour and she had given me support and guidance through this traumatic experience.
    Courtney is open with you and honest. Every email she sends or receives comes back to you and she will let you know what is important or not. They helped me through the process with detailed billing.
    I could not have found anyone better to deal with my difficult separation than Barton family firm.
    Everyone in the team I can’t say how grateful I am to everyone who work on my case. Thank you is not big enough. But I am thankful.

    Amanda

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      Areas of Practice

      • Child Custody Lawyer Brisbane
      • Divorce Property Settlement Lawyer Brisbane
      • Fixed Fee Divorce Lawyers
      • Domestic Violence Lawyer – DVO Domestic Violence Order
      • Superannuation Splitting Family Law Experts
      • Fixed Fee Consent Order Lawyers
      • Family Mediation Representation
      • Parental Kidnapping Lawyer
      • Child Relocation Family Lawyers
      • Child Support Lawyer
      • Spousal Maintenance Lawyers
      • Family Court Process
      • Family Mediation
      • Binding Financial Agreement Lawyer

      What makes us different from other Law Firms?

      Our Brisbane Divorce & Family Lawyers:

      Only do family law all day every day. That makes us really good at what we do.

      Are dedicated to helping you work through your family law issues so you can have a fresh start.

      Have your best interests at heart.

      Have the knowledge and experience to solve your family law problems, no matter how complex.

      Will help you to reduce the conflict with your former partner.

      Will fight for you and your children.

      Provide exceptional quality service to you, tailored to your individual case needs.

      Will educate you about your options, the steps you need to take and we will develop a strategy to help you to achieve a fair outcome and the best practical outcome for you and your family.

      Will provide you with practical, realistic, commercial and strategic advice to empower you to make smart decisions following separation that will save you time, money and stress.

      Will deliver an outcome to you quickly and cost effectively, with fixed fees for certainty.

      Will do everything within our legal power to get you the best outcome for you and your family.

      Are with you, supporting you, every step of the way from negotiations, to mediation, to litigation and settlement.

      Individual liability limited by a scheme approved under professional standards legislation.

      Contact Us

      Petrie Office

      Address: 4/996 Anzac Avenue, Petrie QLD 4502

      Parking: Underground parking available at the back of the building via O’Loan Street

      Phone: 3465 9332

      Email: [email protected]

      Website: Petrie Family Lawyers

      Chermside Office

      Address: 818 Gympie Road, Chermside QLD 4032

      Parking: Across the road at Chermside Shopping Centre

      Phone: 3465 9332

      Email: [email protected]

      Website: Chermside Family Lawyers

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