Frequently Asked Questions

At Shane McClure Lawyer and Mediator, we understand that navigating the legal complexities of family law, criminal law, court appearances, intervention orders, mediations, and deceased estates can be challenging. That’s why we’ve created a comprehensive FAQ page to provide you with the answers you need.

Our frequently asked questions cover a range of topics related to our practice areas, including the legal process, fees and charges, and more. Whether you’re going through a difficult divorce, facing criminal charges, or need assistance with mediation, our team has the expertise to provide you with the guidance you need.

With our easy-to-use toggle menu, you can quickly find the answers to all of your pressing questions about family law, criminal law, court appearances, intervention orders, mediations, and deceased estates. And if you can’t find the answer you’re looking for, remember our team is always available to provide you with the support and guidance you need.

At Shane McClure Lawyer and Mediator, our mission is to make the legal process as simple and stress-free as possible to help you, allowing you not just to survive the challenges you are facing now, but to use these challenges as a springboard to go on and thrive. By providing you with the answers you need, we can help you make informed decisions about your legal matter and achieve the best possible outcome.

So if you have questions about family law, criminal law, court appearances, intervention orders, mediations, or deceased estates, don’t hesitate to explore our comprehensive FAQ’s below. Get the guidance and support you need from Shane McClure Lawyer and Mediator today.

General questions

Shane McClure has a wealth of experience in all aspects of mediation, commercial litigation, criminal law and family law, including:

● Divorce applications
● Binding financial agreements
● Child support and maintenance
● Collaborative law
● Family violence intervention orders and protection applications
● Family dispute resolution mediation
● International child abduction
● Parenting matters
● Property settlement
● Same – sex relationships
● Spousal maintenance
● Variations to existing court orders

Your first meeting with Shane McClure is a chance to get to know each other. You can discuss with Shane what you want to achieve, and he can help review all your options. You may be able to resolve your query in this initial conference.

Ultimately, you will walk away with insight into your options and possible outcomes, whilst also gaining a general understanding of the law and court process for your query.

Shane is available for conferences by video, including Skype, Zoom, Facetime, and in-person, at a number of locations in Melbourne and greater Victoria.

It’s important to get advice as soon as possible, so if you would like help with your breakup or something else that requires action, book a quick chat with Shane on the phone first to work out your next step.

Shane does not currently take on legal aid matters.

Victoria Legal Aid has recently tightened the eligibility requirements for funding in many matters. To be considered as eligible for Legal Aid funding you will usually need to be receiving a Centrelink benefit and be facing a likely term of imprisonment if found guilty of the offence charged.  Eligibility for Legal Aid funding is ultimately assessed on a case by case basis.

Criminal law

If you are arrested, you are obligated to answer questions about your identity including your name, address and date of birth only. But you have a right to refuse to answer any other questions.

No-one can gain access to your criminal record, unless you have given consent, or it is at the request of police or an authorised public body.

Shane can help you if you are called to attend a Police interview, or are arrested. He can:
● Advise you of your rights.
● Explain any charges against you.
● Explain your options.
● Advise on any possible penalties.
● Attend a police interview with you.
● Discuss the allegations with the investigating officers to arrange practical bail conditions and gain a greater understanding of any charges against you.
● Make a bail application for you in court where you are bail-refused by the Police or a Bail Justice.
● Represent you at court.

The presumption of innocence is integral in supporting the fairness of our criminal justice system. A person suspected or accused of a criminal offence is presumed innocent, unless and until, they are convicted of committing the offence. 

This means, if you are being investigated by the Police, you must always remember you are only suspected of the crime.

Only in some circumstances can police compel you to answer questions. In the court case  , the High Court of Australia said: “A person who believes on reasonable grounds that he or she is suspected of having been a party to an offence is entitled to remain silent when questioned or asked to supply information by any person in authority.”

Could we put the full citation at the bottom of the page? Just messes with the readability of the text.

Duress and necessity are very similar defences. However, duress involves a response to the actions of other people, while necessity involves a response to circumstances that requires someone to choose the lesser of two evils.

If someone you know has been arrested and taken into custody it is essential that you call us as soon as possible so that we can advise them as to their rights, how to conduct themselves in a recorded interview, and, if required, prepare a bail application. Shane is available to advise on urgent matters, to engage him call 1800 549 817.

The law in relation to driving offences is complex and the courts have a very wide discretion to suspend your licence or disqualify you from obtaining a licence for a period of time. For more information about licence cancellations and driving offence penalties, be sure to speak with Shane McClure.

If you have been found guilty of an offence, or you pleaded guilty but feel the sentence received was excessive, you may appeal the decision to a higher court. You can also appeal if it appears that a technical error has occurred.

Generally, the time period for making an appeal is 28 days and this time period is strictly kept – although this may differ from court to court, and sometimes exceptions are made.

Before you lodge an appeal, be sure to speak with Shane McClure for prompt and honest advice.

Family law

Absolutely! Shane is always happy to help formalise agreements that have been reached privately. However, he can only act on behalf of one of the parties, i.e. you both cannot be his direct client.

No matter where you are across the globe, if your matter relates to Victorian law, or Australian family law, Shane can assist you. Shane has a number of clients who live or work internationally and is pleased to be able to offer a service that accommodates these clients.