6 Apr
2026
Binding Financial Agreements: Understanding the Fear and Why They Make Sense
Entering into a Binding Financial Agreement (BFA) is one of the most practical steps a couple can take to create financial clarity but it is often one of the most misunderstood. When the idea is first raised, it can trigger concern, hesitation, and even emotional discomfort. These reactions are entirely normal. At its core, a BFA is not just a legal document it touches on trust, fairness, and the future of a relationship. Understanding these concerns and addressing them properly...
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30 Mar
2026
Understanding the Real Concerns Behind Binding Financial Agreements and How to Address Them
Binding Financial Agreements (BFAs) are one of the most misunderstood tools in family law. While they are designed to provide clarity and protection, they are often met with hesitation, discomfort, or even resistance particularly when raised by one partner in a relationship. The reality is that concerns about BFAs are rarely just legal. They are deeply emotional and often tied to issues of trust, fairness, and future security. Understanding these concerns and addressing them properly is the key to ensuring...
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3 Mar
2026
When Can the Family Court Order You to Pay Costs?
Understanding the Court’s Power and How to Protect Yourself One of the most common assumptions in family law is that everyone pays their own legal costs. While this is often true, it is not absolute. In many circumstances, the Family Court has the power to order one party to pay some or all of the other party’s legal costs and those orders can be significant. Understanding when costs may be ordered (and how to avoid them) is essential if you are involved in family...
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9 Feb
2026
When the Court Will Reject a Parenting Application: What You Need to Know Before You File
Filing an Initiating Application for parenting orders can feel urgent and overwhelming especially when children are involved. However, many parents are surprised to learn that the Court can refuse to even accept their application if certain legal requirements are not met. One of the most common reasons applications are rejected is a failure to comply with section 60I of the Family Law Act, which governs Family Dispute Resolution (FDR). Understanding these rules before you file can save you time, stress,...
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26 Jan
2026
Why You Should Have an Expert Family Lawyer Support You in Mediation – Especially from James Noble Law Brisbane
Family law disputes are often emotionally draining, complex, and deeply personal. When you enter mediation, the goal is to resolve issues such as parenting arrangements, property division, or financial support in a way that avoids the stress, cost, and uncertainty of court proceedings. While mediation is designed to be less formal and more collaborative than litigation, having an Expert family lawyer by your side can significantly influence the outcome and this is where the expertise of James Noble Law in Brisbane...
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15 Dec
2025
How Courts Really Assess Property Contributions in Family Law Cases
Understanding Contributions in Family Law Property Settlements When a relationship ends, whether through separation or divorce, the question of who gets what becomes central. Property division under section 79 of the Family Law Act 1975 (Cth) can be complex, especially when it comes to assessing the value and weight of each party’s contributions. Contrary to widespread belief, the law does not treat property division like a balance sheet. The Full Court of the Family Court of Australia tackled this issue...
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9 Dec
2025
Why Legally Savvy Couples Say ‘Yes’ to a Binding Financial Agreement Before Saying ‘I Do’
When you’re in love and planning a life together, the last thing on your mind might be what happens if things don’t work out. But being prepared for the unexpected is not just smart it’s essential. Just like taking out insurance, a Binding Financial Agreement (BFA) offers peace of mind and legal clarity should your relationship end. It allows couples to define in advance how their property, assets, and financial responsibilities will be managed if they separate. At James Noble...
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2 Dec
2025
AI in Family Law: The Benefits and Drawbacks for Your Legal Matter
As the use and potential misuse of Artificial Intelligence (AI) becomes more common in the legal industry, courts, lawyers and legal practitioners are increasingly considering its impact on legal matters. While AI offers valuable tools for clients, including predictive analytics and the ability to efficiently review and analyse correspondence between parties, it is important to understand both the benefits and limitations of AI, particularly when dealing with the sensitive and complex nature of family law disputes. In this article, we...
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8 Jul
2024
QTranscripts: how to access your court transcript
Guide to Accessing Court Transcripts in Queensland Court transcripts are an integral element of the legal system and obtaining a copy of a transcript for a court hearing can be useful for many reasons. Court transcripts provide an irrefutable written record of spoken words during a judicial hearing. They act as authoritative texts for judicial reviews, appeals, legal research and future literature. As of 10 October 2022, to obtain a transcript for your own court hearing, you are required to...
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2 Nov
2023
Relationship Between a Child and an Independent Children’s Lawyer (ICL) in Family Law
Professional Relationship between a Child and Independent Children's Lawyer (ICL) The child has a right to establish a professional relationship with Independent Children's Lawyer (ICL). In considering any views expressed by the child and the steps to be taken in a matter the ICL is to be aware: that each child will have different emotional, cognitive and intellectual developmental levels, family structures, family dynamics, sibling relationships, religious and cultural backgrounds; and that children are vulnerable to external pressures when caught...
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9 Oct
2023
Resolving Family Disputes : Your Path to Peaceful Resolutions
Resolving Family Dispute Resolution The merger of the courts on 1 September 2021 brought with it a shift in how family law cases proceed, with a greater emphasis on dispute resolution both before and during a proceeding, and new rules to facilitate that shift. See brochures: “Before you file - pre-action procedure for parenting cases” and “Before you file - pre-action procedure for financial cases” In both thee FCFCA and FCWA lawyers must assist their clients to comply with their...
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19 Oct
2022
The Evatt List – Federal Circuit and Family Court of Australia
What is Evatt List? 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 onto the Evatt List if it is for parenting orders only and the parties have...
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19 Sep
2022
Awarding Costs For False Statement To Judge.
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...
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12 Aug
2022
Remaining In The Matrimonial Home During Separation
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...
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10 Aug
2022
Can I Take My Child Overseas Without Telling My Partner?
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...
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6 Aug
2022
Evidence and Other Legislation Amendment Bill 2021: Greater Support for Domestic and Family Violence Survivors in Queensland
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...
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27 Jun
2022
What To Do If You Don’t Agree With The Single Expert Report?
When an expert is appointed for The Single Expert Report In family law matters, parties often cannot agree on the value of assets such as real property or businesses during their property settlement. In these circumstances, the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 require the parties to obtain an independent expert report to determine the value. Pursuant to the Rules, the parties may agree to jointly appoint a single expert witness, or the Court may,...
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14 Jun
2022
RELOCATION. Mother and Child to Relocate Overseas
Relocating overseas The Appeal Court of the Family considered an appeal from parenting orders made by a judge of the Family Court of Australia concerning a child who was born in 2011. The mother sought orders for the child to live with her in an overseas Country. The mother’s application was opposed by the father who sought orders for the child to live with him in Australia and spend time with the mother after she relocated. An Independent Children’s Lawyer...
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6 May
2022
What are Subpoenas in Family Law Matters?
Subpoenas in Family Law Matters It is common in family law proceedings for Subpoenas to be issued to third parties seeking information that is relevant to the proceedings. Such information is considered to be independent and can be very useful in proving or substantiating a parties claim. In the case of property settlements, subpoenas may be required to be issued to a bank or accountant for documents relevant to the dispute, perhaps if it is suspected that a party is...
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4 Apr
2022
What is the PPP500 List?
Priority Property Pool As a way of reducing lengthy delays, the Federal Circuit Court and Family Court of Australia developed the Priority Property Pool 500 List ( PPP500 ). This list deals with matters where the property pool is less than $500,000. The aim of the PPP500 pilot is to improve the responsiveness of the family court system and minimize risk and legal costs for vulnerable parties. At James Noble Law, we have achieved just, efficient and timely resolutions using...
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