Episode 21 - Tracey McMillan - The Family Court System is Broken

Send us a textEpisode 21Guest – Tracey McMillanOn our next episode, I’m joined by Tracey McMillan, CEO of Queensland Family Law Practice (QFLP), to unpack everything about the Family Court system. Tracey is a highly experienced family lawyer and mediator with over 25 years in practice. She’s frequently sought by media outlets and community organisations for her clear, practical advice on family law — always with a strong focus on the well-being of children.Tracey’s expertise spans parenting arrangements, domestic violence, divorce, and property settlements. She is known for providing plain-English advice, early risk assessments, and practical strategies to minimise conflict and cost. Through mediation and parenting coordination, she helps parents reduce disputes and protect children from ongoing conflict.She is also the founder of No Lawyers — an innovative online family law platform that helps people represent themselves and save thousands of dollars. Designed for individuals navigating separation without legal representation, No Lawyers makes it easier to negotiate property and parenting agreements and generate ready-to-lodge consent orders, all without the usual legal fees.A proud Brisbane local and the youngest of four, Tracey discovered her calling early — torn between becoming a barrister or a psychologist. After completing her Bachelor of Laws and Practical Legal Training, she was admitted as a lawyer of the Supreme Court of Queensland. She went on to complete the Bar Practice Course — a nine-week, full-time intensive program that forms the final step in qualifying as a barrister — and was admitted to the Queensland Bar soon after. In our conversation, Tracey reflects on the dedication and resilience required to reach that point and shares how her early years in practice shaped the compassionate, outcome-focused approach she brings to her clients today. Tracey also speaks candidly about the stresses of running a law firm, the importance of maintaining boundaries, and her concept of a “third space” — a transition between work and home to prevent emotional spillover.She explains how some legal professionals unknowingly bring courtroom energy home, affecting their families, and describes her coping strategies — such as not learning clients’ children’s names to maintain professional distance. Tracey highlights the importance of law firms properly preparing cases before briefing barristers, recalling numerous instances of receiving poorly drafted affidavits. Tracey founded No Lawyers in 2020. Although still developing, the site has already attracted over 25,000 visitors. It helps people who haven’t yet entered court proceedings to negotiate, create property pools, generate offers, and prepare consent orders. One of its most innovative tools is the “abuse tone meter”, which flags and prevents the exchange of abusive messages between parties.In our discussion, we also explored key issues in family law — from the “uplift” in Keenan & Keenan (now embedded in written law) to the domestic-violence-leave provisions that allow 10 days off work without requiring evidence. We discussed why small businesses shouldn’t have to absorb this cost and how government support is needed. Tracey believes that while the current system is deeply flawed, there are solutions. Drawing on international examples, she proposed amending the Marriage Act to follow South Africa’s “communal property” approach, where couples agree on asset ownership before marriage.We closed the episode with audience-submitted questions — including a case where a judge took three years to deliver a decision. Tracey also shared details of her upcoming book, due out in December – “Divorce is F*ed: A No-Bullshit SSupport the show

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