Separating from a spouse or partner can be a traumatic event and very emotional time.

Legal Practitioners working in this area of law often work in a high pressure environment, having to take immediate steps relating to care of children, home occupancy and assets, whilst taking instructions from clients who are often in a fair bit of emotional pain.

Quite often the pain is extended with the other side continuing to supply untruths relating to their situation.

Combining legal skills with our investigative strength often provides practitioners and their clients with a significant advantage over adversaries.

Generally, investigation will often ensure that you have a wealth of evidence to support your clients application.

Discovering information or evidence through investigation will often induce the other party to settle on your client’s terms, not their terms.

How often do Practitioners suspect that statements made by the other side are untruthful, but do not have the ability to disprove them. In some cases, their own clients can assist with this process, as well as general discovery. A key feature of Investigation however, is that it allows you as Practitioners to test the veracity of the other side’s contentions throughout the proceedings, undermining the other sides confidence and credibility at every opportunity.

Over the last 17 years we have assisted many practitioners with;

  • The enforcement & execution of orders, service of documents with supporting Affidavits, removal of or collection and or protection of property and your client’s security and safety;
  • Preparation of evidence of criminal offences, including stalking, violent and threatening conduct and engaging law enforcement;
  • Confirmation of the occurrence of separation, reconciliation or other significant events;
  • Identifying, locating and/or verifying property interests;
  • Substantiating negative contributions, including wasted expenditure; (i.e. Mistresses & gambling)
  • Identifying and verifying undisclosed income levels or potential for earning capacity;
  • Exposing fraud, shams, misrepresentations or non-disclosure, relevant to the outcome of proceedings; (e.g. non-payment of child support)
  • Discovering extramarital relationships and linking negative consequences;
  • Substantiating inappropriate behaviour by a parent or other caregivers;
  • Investigating child at risk issues;
  • Supervising contact or handovers.
  • Obtaining evidence substantiating a breach of orders or undertakings.
  • Conducting interviews, drafting statements or affidavits;
  • Proving or disproving de facto relationships;
  • Assisting in the execution of orders, including:
    • Anton Pillar Orders;
    • Recovery Orders.

Clients usually have a wealth of information about the other side, and any investigation should commence with an analysis of this information.
It can often be dangerous however to allow clients to carry out investigations on their own behalf, such investigations often exposing them to breaches of various legislation and courts later adopting an adverse opinion of them.

The benefit of using a competent investigator is that it will allow you to present the truth, whilst protecting your clients,

Michael Featherstone www.phoenixglobal.com.au

Selecting the Right Business Advisor by Michael Featherstone

Selecting the right qualified advisor for your business will save your business time and money in the long term.  In this week’s blog, we will look at the role of Financial Advisor.

Many people are confused about the role of a Financial Advisor.  Quite simply they identify your monetary needs and goals and prepare a financial plan for you to work from so that you can meet those needs and achieve those goals.  They will also recommend investment products that may help you in your endeavours.

They can give you advice on managed investments, investment portfolio planning, superannuation, allocated pensions and rollovers and life insurance, income protection insurance, retirement planning and the list goes on.

You must ensure that the Financial Advisor is independent of the investment products they are recommending; otherwise their advice may be tainted by the commission offered by those investment companies.

Many businesses choose professionals to act for them on the recommendation of another people.  Financial Planning can be very complex and you will need to trust your Advisor therefore referrals from people you trust can be a good way of choosing your advisor.

Other professionals who do work for you may be able to recommend a Financial Advisor who will be appropriate for your needs.

Other Financial Advisors who do not handle your type of work may be able to assist with the decision making process and refer you to someone who would suit your business.

There are a number of Financial Advisor referral services which you can contact for a recommendation.  The only problem with this kind of service is that the Financial Advisors pay a fee to be on the list of referrals and they may not be ideal for your circumstances.  These services can be found in the telephone directory or on the internet.

In next week’s blog, we will look at asking the right questions to determine which financial advisor is right for you.

Phoenix Global is a respected provider of services including Risk Management and Investigations for a diverse range of business & legal clients. The company was founded by Mr Michael Featherstone whose wealth of experience includes 16 years with the Queensland Police Service, where he undertook a large number of complex investigations involving Homicide, Serious Fraud, Child Abuse and Neglect, Serious Assault, and Drug supply.  For the past 17 years Michael and his staff have worked closely with many Legal Firms and their multi disciplinary teams developing evidence for client cases.