Author: James Noble

How Long Does It Take To Get A Divorce? Before granting a divorce, the Federal Circuit and Family Court of Australia must be satisfied that there is no chance of reconciliation and there is no reasonable chance that the parties will get back together. For this reason, parties must be separated for a period of at least 12 months before applying to get a divorce.  Once this period has passed, you may complete an Application for Divorce either solely or...

In a recent decision in the Family Court found that it was very regrettable that the mother did not support the vaccination of children. [caption id="attachment_16155" align="alignright" width="350"] vaccination of children[/caption] The Court considered that her opposition to the child being vaccinated, as the child’s principal carer, would likely complicate the process and make it much more difficult for the child. The Court considered that in these circumstances it would be counter-productive for the mother to accompany the father and...

Paid Family and Domestic Violence leave for employees. The Fair Work Ombudsman has introduced Family and Domestic Violence leave for employees. Paid family and domestic violence leave was made available for employees of non-small businesses (businesses with over 15 employees) from 1 February 2023. Employees who work for small businesses (less than 15 employees), will be able to gain access to this paid leave from 1 August 2023, however, they can still access the existing 5 days of domestic and...

What is Evatt List? [caption id="attachment_15920" align="alignright" width="300"] The Evatt List – Federal Circuit and Family Court of Australia[/caption] The Evatt List is an initiative in the Federal Circuit and Family Court of Australia designed to triage and progress matters that are considered high-risk. The list aims to guide families that are going through a separation with high-level risks through the Court system at a much faster rate, given the urgency of their situation. Matters are eligible to be placed...

Beware of what you tell to the Judge The Court has the power to award costs for false statement against a party who deliberately misleads the Court  A vengeful spouse in Family Law Matters may seek revenge against a former partner by making a false statement and misleading allegations against his/her former partner, allegations that have no substance or truth.  Be careful what you say. Section 157 of the Domestic and Violence Protection Act (DFVPA) confers discretion to award costs...

We are heading into uncertain times The impact of the war in Ukraine and the affect on our economy The high cost of living Rising interest rates Inflation How is this affecting me? Am I able to financially care for my family?  How is this affecting my partner and my family's relationship? Is the stress too much to bear? Hopefully, there is a solution But what if it becomes too much and causes a breakdown in your relationship with your...

AFFECTS ON PARENTING OF CHILDREN On 26 March 2020, the Chief Justice of the Family Court issued a Statement on Parenting Orders and the affects of COVID-19. The Chief Justice’s statement provided guidance on the listing of matters in the Family Court. It was issued for the purpose of guidance in legal cases and was not a legal principle. It included the following: Parents are naturally deeply concerned about the safety of their children and how the COVID-19 virus will...

The Kennon Principle- Kennon & Kennon [1997] FamCA 27; (1997) FLC 92-757 (“Kennon”). Violent Conduct & The Effect On Property Issues. [caption id="attachment_13897" align="alignright" width="350"] Violent Conduct & The Effect On Property Issues[/caption] Where there is a course of violent conduct by one party towards the other during the marriage which is demonstrated to have had a significant adverse impact upon that party’s contributions to the marriage, or, put the other way, to have made his or her contributions significantly more arduous than they ought to...

The law in regard to Binding Financial Agreement in Brisbane is extensive and complex. The law is governed by the provisions in the Family Law Act 1975 (as amended). Similar provisions are provided in the Act for de-facto relationships. Because it is a complex area of law it is a requirement (as detailed below) that the parties entering into a Binding Financial Agreement must consult a solicitor and obtain legal advice.  The relevant law is detailed as follows: LEGISLATIVE PATHWAY...

Can you use secret audio recordings in family law? As technology continues to evolve, it is becoming more common for clients to ask whether they can use secret audio recordings in their family law matters. Before you consider recording your conversation with the other party, there are several important factors that you need to consider, including: Whether the recording is legal to make in Queensland; Whether a Court will allow the recording to be used as evidence; and  Whether you...

A common question asked in Family Law is who is legally entitled to the matrimonial home during separation?  It is not as simple as one party kicking the other party out of the home. What be done if the property is in your name or What if the property is owned by both parties?  Property which is part of a Family law dispute has different rules to commercial and property law. Family Law the possession and ownership do not have...

Can I Take My Child Overseas Without Telling My Partner? Traveling with a child overseas is usually a decision for both parents to make, if they share parental responsibility for the child or if there are Court Orders in place.  Both parents are typically required to sign Passport Applications for their children. Parents should attempt to reach an agreement amicably about such travel decisions and consider attending family dispute resolution in the event that a disagreement arises.  Studies have shown...

Independent Children’s Lawyer (ICL) So your parenting matter is in Court and the Judge has made an Order for an Independent Children’s Lawyer to be appointed in your matter. What is an Independent Children’s Lawyer (ICL) and why has this Order been made? Independent Children’s Lawyers, more commonly referred to as ICL’s are independent separate legal representatives who act on behalf of the child or children who are the subject of the Court proceedings and ensure the best interests of...

Greater Support for Domestic and Family Violence Survivors in Queensland Queensland recently announced that a new pilot allowing the use of police body-worn camera footage in Court for domestic and family violence victim-survivors will be established under the Evidence and Other Legislation Amendment Bill 2021. Essentially, video statements taken by trained police officers will be admissible as a survivor’s evidence-in-chief in criminal proceedings for a domestic violence offence, including breaches of domestic violence orders. The pilot stemmed from the recommendation...

Divorce and Property Settlement: Can you do one without the other? It is a common assumption that parties have that you can not reach a financial settlement without being divorced and this is simply not true.  For parties to reach a property settlement you and your spouse do not need to be divorced. Securing a divorce and obtaining a property settlement are considered two separate matters for example, a divorce is an Order which is made by the Court which...

Family Law Watchlist It is not uncommon for a parent to be concerned that their ex-partner is going to take the children abroad without permission. In these circumstances, an application can be made to place the children on the Family Law Watchlist. This prevents the children leaving the country without the permission of both parents or a Court Order to do so. Children may be placed on the Watchlist in the following circumstances: The Court has issued an Order limiting...

Child Support Act and Family Law Child Support Act, It is commonly recognized that both parents have a financial obligation to contribute towards the cost of raising their child. The national Child Support Agency under Services Australia is responsible for delivering the child support scheme in addition to regulating, collecting, and administering child support services. They are your first point of call for any child support queries you may have.  In Australia, the relevant child support legislation is encapsulated in...

Understanding Spousal Maintenance and how it works? In property settlement matters some parties may be seeking that their partner makes a lump sum payment or for a particular period of time make ongoing payments by way of support.  It is important to understand that even if you do not have children with your former partner, you still may be required to pay to them a sum of monies (either in a lump sum or ongoing), which is known as “Spousal...

Change Your Child's Surname Changing a child’s surname post-separation is a common occurrence in family law. The process is relatively straightforward if both parents agree. However, it becomes complicated when one parent wishes to change a child’s surname post-separation and the other parent opposes such change. In parenting matters, the Court must apply a presumption that it is in the best interests of the child for the parents to have equal shared parental responsibility in relation to major long-term issues...

Costs In Family Law Proceedings Family law litigation can be incredibly stressful, time-consuming and expensive where there is a lack of communication or trust between the parties. The usual procedure involves each party bearing their own legal costs. In some circumstances, the Court can make an Order that one party pay another party’s legal costs, but this is not standard and is never guaranteed. Costs Orders are usually made in limited circumstances where a party has deliberately breached Court Orders,...