Areas of speciality include:
- Care of children proceedings (Parenting Order; Day to Day Care / Shared Care / Contact / Enforcement for Breach, Disputes between Guardians - relocation, education, medical treatment, naming disputes etc.
- Family Violence matters (including making/defending Protection / Occupation / Property Order applications).
- Oranga Tamariki / Ministry for Children / Ministry of Social Development (formerly Children, Young Persons and Their Families / CYFS) matters.
- Protection of Personal and Property Rights Act (PPPRA) matters - Welfare Guardians, Property Mangers/Administrators, Powers of Attorney, etc.
- Paternity issues (Family Proceedings Act / Status of Children Act)
- Family Protection Act matters - making / defending claims on estates.
- Relationship Property issues / proceedings
- Sale and Purchase of residential property
- Matters relating to Wills, Estates and assistance with Family Trust establishment (provided an independent professional Trustee is appointed) undertaken for existing clients on a discretionary basis.
- Other Family Court matters / applications on a discretionary basis.
Further information
Urgent matters will be attended to as swiftly as possible, with best endeavours made to meet with clients with urgent issues within a day or two of initial contact being made.
Legal Aid Providers.
Off-street parking available.
Except on rare occasions (as advised and agreed) or due to circumstances beyond our control, our clients work exclusively with their lawyer from the beginning to the end of the engagement. They will usually meet with their lawyer in that lawyer's personal office. For larger gatherings, a meeting space with videoconferencing equipment is available for use - particularly for matters involving meetings held between participants in different locations.
Please note that from time to time, workloads and other factors beyond the control of staff may mean acceptance of instructions on some or any new matters may not be possible.
O'Malleys is a qualifying Reporting Entity under New Zealand's Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (as at June 2021).
https://legislation.govt.nz/ac...
When funds are handled on behalf of a client of O'Malleys (other than fees/disbursements payable/recoverable to/by the firm itself), staff are required to satisfy themselves as to the veracity of the client's identity, their bona fides and legitimacy of the sources of funds of any such client. O'Malleys has reporting obligations in relation to any activity it considers suspicious in terms of money laundering and/or the financing of terrorism. This only applies to matters as outlined above. These matters are called 'captured activities' .
If your matter is a captured activity under the above legislation, staff will inform you of this and will request proof of identity, proof of your home address (such as a utilities account in your name) and will ask you some straightforward questions. This is a standard requirement of all firms that have the capacity handle client funds.
This in no way otherwise limits the privileged and confidential nature of any communications between our lawyers and their clients.
Fees / Sample Terms of Engagement
Our lawyers may charge an hourly rate or a fixed fee, dependent upon such factors (among others) as their level of experience, the nature of the work undertaken and the level of complexity of the matter. Where appropriate, applications for Legal Aid can be made. Grants of Legal Aid may or may not be required to be repaid, dependent upon the applicant's circumstances. This will be decided based on Legal Aid's policies and formulas and is outside of the control of O'Malley's staff. Where appropriate, staff may assist with applications/submissions to write off Legal Aid repayments due to hardship when a matter is concluded.
It may be that the staff member acting will agree to a different billing arrangement than the standard interim account arrangement (such as rendering an invoice at a particular milestone, or perhaps upon settlement) - however this will need to be agreed upon in writing with the relevant staff member.
As per all Terms of Engagement documents for O’Malleys, the firm may deduct its fees from the proceeds of any settlement, sale or other such payment received on behalf any client as deemed appropriate by staff. O’Malleys may also elect not to take fees by deduction, again at the discretion of staff.
Below are examples of standard Terms of Engagement - one for a Legal Aid matter or, should the Legal Aid application be unsuccessful, an hourly rate. The other is for a fixed-fee conveyancing home purchase matter.
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