23 Feb
2026
Can the Family Court Issue Restraining Orders or Injunctions?
When family law disputes escalate, concerns about safety, communication, and children’s wellbeing often arise quickly. Many people assume that restraining orders can only be made in the Magistrates Court but that is not always the case. In certain circumstances, a Judge of the Family Court can issue injunctions and restraining orders against a party to proceedings. However, there are important limits, particularly where state-based domestic violence orders already exist. Understanding how these systems interact is critical to ensuring you seek...
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3 Feb
2026
A Note of Caution: Using AI to Draft Legal Documents
Artificial intelligence (AI) tools are increasingly being used across professional services, including the legal profession. From drafting submissions to summarising case law and preparing chronologies, AI can offer efficiency and convenience. However, recent court decisions and practice directions make it clear that the use of AI in legal drafting carries serious risks if not handled carefully. Lawyers remain fully responsible for the accuracy, integrity, and confidentiality of all material filed in court regardless of whether AI was used in its...
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26 Nov
2025
Achieving Fair Outcomes: The Importance of Expert Representation at Mediation with James Noble Law
In family law disputes, particularly those surrounding separation or divorce, emotions can run high. Navigating through the complex maze of legalities, financial settlements, and parenting arrangements requires not only a deep understanding of the law but also the ability to manage negotiations effectively. For many, mediation offers an alternative to the stressful and costly court process, providing a more amicable approach to resolving disputes. At James Noble Law, we understand the challenges clients face during such emotional times. That’s why...
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14 May
2024
Quick Reference Guide: Accessing your File on the Commonwealth Courts Portal
File on the Commonwealth Courts Portal To access court documents or electronically file them on the Commonwealth Courts Portal, users firstly need to complete the registration process. This blog provides a step-by-step guide with visual aids to help you access your file. Please note: If you already have a file with the Court, you will need to link yourself to it using your file number and client number. It is crucial to ensure that all proceedings (past and future) involving...
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11 Jan
2024
What to expect in a private Family Law Mediation?
Mediation is an alternative dispute resolution process whereby an experienced practitioner, former judge or barrister assistsparties to negotiate reachinga satisfactory outcome. Unlike litigation, the outcome of the mediation session is shaped by the parties’ expectations and positions, rather than rest in the hands of a judge or registrar. Family Law Mediation is a confidential process unless the mediator reasonably believes that disclosure is necessary to protect a child or person from the risk of harm, amongst other exemptions. What issues...
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4 Dec
2023
Fulfilling Client’s Duty of Disclosure in Cairns Family Law Matters
Client's Duty of Disclosure in Family Law Matters in Cairns, Australia In family law matters in Cairns, Australia, the duty of disclosure is a fundamental legal obligation that all parties involved must adhere to. This duty requires both spouses in a family law dispute to provide full and frank disclosure of their financial circumstances, assets, and liabilities. The purpose of this obligation is to ensure fairness and transparency in resolving family law matters, especially when it comes to property settlements...
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23 Oct
2023
Sleeping Arrangements : Overnight Time in Parenting Matters Explained
Sleeping Arrangements - Parenting Matters Going through a separation with young children can be challenging. The child’s age can often be weaponised and used as a way to limit access for the parent that does not have primary care. The age group of 0-4 years is significant in the development of the child’s brain and learning. They form critical attachments and emotional bonds with their caregivers during this time. Children also develop the concept of object permanence at around 8...
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28 Sep
2023
What is an Independent Children’s Lawyer (ICL)
Independent Children's Lawyer (ICL) Relebant Law The Family Court has inherent jurisdiction and hence power to control its own proceedings including the power to appoint and discharge an ICL. Such power is by its nature discretionary. Specifically, the power to appoint an Independent Children's Lawyer (ICL) is provided at s 68L of the Family Law Act 1975 (Cth) (“The Act”). Section 68LA sets out the role of the ICL as follows: 68LA Role of independent children’s lawyer When section applies...
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15 Aug
2022
Can you use secret audio recordings in family law?
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...
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4 Aug
2022
Divorce and Property Settlement: Can you do one without the other?
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...
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28 Jul
2022
Child Support and Family Law
Child Support Act and Family Law Child Support Act, It is commonly recognised 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...
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13 Jul
2022
What Is The Critical Incident List?
Critical Incident List The Federal Circuit Court and Family Court of Australia implemented a new Court process referred to as the ‘Critical Incident List’ as of Monday 6 June 2022 which was rolled out in all states and territories excluding Western Australia. The Critical Incident List aims to expedite the Court process for vulnerable families that need to make urgent arrangements for children where no parent is available due to circumstances such as death (including homicide or suicide), critical injury...
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5 Jul
2022
CHILD SUPPORT (MAINTENANCE)
Maintaining Child Support in Australia A Party in Australia may apply to vary an overseas maintenance order, agreement or liability registered in Australia. ‘a child support maintenance order made by a judicial authority of a reciprocating jurisdiction’ Matters to be taken into account in considering financial support necessary for the maintenance of a child. The relevant sections of the Family Law Act In considering the financial support necessary for the maintenance of a child, the court must take into account...
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20 Jun
2022
Child Impact Report vs Family Report – What’s the Difference?
Child Impact Report vs Family Report - What’s the Difference? If you are involved in a litigious parenting matter concerning the future care arrangements for your children, it is likely that you have heard the terms ‘Child Impact Report’ or ‘Family Report’. Both documents constitute an independent expert opinion provided to the Court by a suitably qualified Child Court Expert, Psychologist, or Social worker, after a review of court documents and interviews with the parents and children. They are incredibly...
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19 May
2022
What You Need To Know About Subpoenas But Probably Don’t
What is a Subpoena? A ‘subpoena’ is a legal document issued by the Court at the request of a party. A subpoena compels a person to produce documents and/or give evidence at a hearing or trial. There are three types of subpoenas: Subpoena for production of documents; Subpoena to give evidence; and Subpoena for production of documents and to give evidence. Documents or evidence produced under subpoena is protected by the principle of ‘implied undertaking’ (or legal promise) founded in...
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22 Oct
2021
Adoption and Being a Stepparent in Queensland
The adoption process in Queensland is managed by the government organisation Adoption Services Queensland. A child’s Stepparent (being either married or in a de facto relationship with the parent of the child) can make an application to adopt the child if they can satisfy the below criteria: The Stepparent is an adult. The Stepparent is an Australian Citizen or the spouse of an Australian Citizen. The Stepparent is ordinarily resident and living in Queensland. The Stepparent has lived with the...
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4 Oct
2021
Changing Your Child’s Name
Are you considering changing your child’s name? For children born or adopted in Queensland, parents may change their child’s first name once before the child turns one (1) and parents may change their child’s family name no more than once every twelve (12) months. Both parents must consent to the change of name and the child himself or herself must consent to the change, if they are over twelve (12) years of age. To change your child’s name there are...
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28 Apr
2021
Mental Health and Family Law
Mental Health and Family Law Separation is one of the most significant life events a person can experience. Worry, anxiety, and stress over the uncertainty surrounding the arrangements for the children, money, and a property settlement division can be extremely difficult to cope with under challenging circumstances. It’s therefore important that you prioritize your mental health and wellbeing during this time. Talk to your friends or family members for support. Take extended leave from work. Or consider seeing your GP...
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27 Jan
2021
How Australian Lawyers getting hurt as a result of COVID-19 shutdowns
How Australian Lawyers are getting hurt? Australian Lawyers getting hurt as a result of Covid-19 shutdowns. Digital Disruption leading them back to work. Like most other industries, the legal fraternity is seeing difficulties with the continuing lockdowns in many states and area hotspots. The legal profession can be proud of the way it has adapted to servicing clients and continuing to work from remote locations however some layers have seen their firms suffer financially as a result. Lawyers are using...
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9 Nov
2020
Parental Responsibilities and Children’s Issues
You have had counselling with your partner and possibly your own counselling to solve Parental Responsibilities. Matters cannot be resolved. You have received financial advice to know what your financial future holds. You have endeavoured in every way possible to negotiate with your partner but without success. The stumbling block seems to be who is to care for your children. However, you may have been successful in taking Parental Responsibilities. If you have been able to work out a parenting...
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