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Political Reaction to the Rise in Domestic Violence The alarming rise in domestic violence incidents has triggered a significant political response, emphasising both legislative reforms and resource allocation. Governments across various levels have taken swift action to address this growing concern, motivated by the intense media coverage and public outcry. Legislative Changes Policymakers have prioritised the issue by introducing stricter laws aimed at protecting victims and ensuring accountability for perpetrators. Legislative reforms include mandatory arrest policies for suspected domestic violence...

A subpoena is a legal document issued by the Court at the request of a party to a Family Court proceeding. A subpoena compels a person to produce documents or give evidence at a hearing or trial. The subpoena, which has the effect of a Court order, requires the person to whom it is addressed to produce the documents which it describes. It assumes that the person named in the subpoena document has the ability or capacity to produce the documents...

Parental alienation in the context of family law refers to a situation where one parent (or sometimes another caregiver) engages in behaviours that undermine the child's relationship with the other parent. These behaviours can range from subtle to overt and may include: Negative speaking: One parent consistently speaks negatively about the other parent in front of the child, portraying them as bad, unloving, or dangerous. Limiting contact: Deliberately limiting or preventing the child from seeing or communicating with the other...

If you have not yet given birth to your child, you may be eligible to receive child support payments from the other parent of the soon-to-be-child. As a mother, you may be entitled to receive financial support, known as ‘childbirth maintenance’, from the child’s father for some medical expenses from two (2) months before the birth and until three (3) months after the birth. Section 67B of the Family Law Act 1975 (Cth) (“the Act”) contains provisions for childbirth maintenance....

When couples separate, it is not uncommon for Party A to be named on title for the family home, while Party B is unnamed, even though Party B made substantial contributions to the relationship. This may be the result of Party A having purchased the home prior to the relationship commencing. If Party A is the sole registered owner of the home, this can pose a risk to Party B post separation, noting that Party A can sell the home...

Cairns, Queensland, is renowned for its breathtaking natural beauty, vibrant community, and thriving economy. With the recent establishment and operation of James Noble Law's Family Law Practice in Cairns, this picturesque region stands to gain even more from the expertise and dedication that this legal practice brings. In this article, we'll explore the various benefits that this expansion offers to the Cairns area and its surrounds. Expertise and Experience: James Noble Law is a well-established family law practice with a...

Arbitration offers an alternative pathway for resolving disputes within the framework of family law proceedings, blending efficiency and flexibility while respecting the consent of the involved parties. Under the Family Law Act 1975 (Cth), Section 13E empowers the Family Court to refer matters to arbitration with the parties' agreement, enabling a private arbitrator to adjudicate disputes outside the courtroom. This process, grounded in consent rather than judicial compulsion, provides a unique mechanism for dispute resolution. The legislation carefully delineates the...

The relevant principles applying to financial agreements to determine the provision of independent legal advice to achieve compliance with s 90G and s90UJ of the Family Law Act. The Family Law Act 1975 (Cth) governs the binding nature of financial agreements between parties in Australia, with particular emphasis on compliance with sections 90G and 90UJ. Central to this compliance is the provision of independent legal advice, which safeguards the understanding and consent of each party. This legal advice must address...

The concept of rectification in the context of binding financial agreement is a significant facet of family law. It serves as a legal remedy aimed at ensuring the true intentions of the parties are accurately reflected in written agreements. This discussion explores the principles and conditions under which rectification is granted, with reference to a recent Family Court decision. The framework for such legal action is grounded in the Family Law Act 1975 (Cth), specifically sections 90K and 90KA, which...

Should an Independent Children’s Lawyer (ICL) meet with the child of the parties when compiling a family report. (A summary of the principles set out in a recent decision of the Family Court ). The role of an Independent Childrens Lawyer (ICL) is pivotal in family law proceedings, as they act as an independent representative of a child's best interests. This role is guided by the Family Law Act 1975 (Cth) (the Act), as well as by the National Guidelines...

The concept of exclusive occupation of the matrimonial home often arises in the context of disputes following the breakdown of a marriage. In a recent Family Court decision, the Court examined the principles guiding applications for one party to have exclusive possession of the former matrimonial residence. The power to grant such an injunction is derived from section 114 of the Family Law Act 1975 (Cth), which provides the Court with discretionary authority to make orders it considers "proper." This...

Undertaking not to use documents produced or filed in one Court for any other Court proceedings. The principle of using documents disclosed in court proceedings strictly for the purpose of those proceedings is fundamental to the administration of justice. It ensures the confidentiality of sensitive materials and encourages parties to provide full and frank disclosure without fear of misuse. This document examines the legal principles underlying this undertaking, focusing on Rule 6.04 of the Federal Circuit and Family Court of...

Family law proceedings often come with financial and emotional burdens for the parties involved. A significant aspect of these cases is determining who bears the legal costs.  While the general rule is that each party pays their own legal expenses, there are circumstances where the Court may order one party to cover the other’s costs. Understanding these rules and exceptions is essential for navigating family law disputes effectively. Usually, parties who are involved in family law proceedings pay their own...

Litigation funding orders play a critical role in ensuring procedural fairness in legal proceedings, particularly where an imbalance of financial resources between the parties exists.  These orders are designed to address situations where one party, often in control of substantial assets, is able to fund legal representation while the other is left at a disadvantage. By allowing access to resources that might ultimately be distributed in property settlements, litigation funding orders aim to level the playing field.  This text explores...

The concept of a defacto relationship often raises complex questions, particularly when the parties involved have differing views on key aspects of their shared life. In Australian family law, a defacto relationship is defined not by rigid criteria but by the nature and degree of mutual commitment between the parties. This discussion examines the legal framework under section 4AA of the Family Law Act, emphasising the nuanced and flexible approach taken by courts in determining whether a defacto relationship exists....

Binding Financial Agreements (BFAs) in Australia, commonly referred to as prenuptial or postnuptial agreements, are legal documents that detail the division of assets, liabilities, and other financial matters in the event of a relationship breakdown or divorce. While BFAs are designed to provide clarity and certainty, ensuring that financial arrangements are enforceable in court, they come at a significant cost when done properly. There are several factors that contribute to the high expenses of preparing a Binding Financial Agreement in...

Family law is a multifaceted and emotionally charged area of legal practice. One of the most critical and urgent aspects within this field is the issue of recovery orders. In Cairns, Queensland, as in the rest of Australia, recovery orders are a legal mechanism used to ensure the return of a child to their rightful guardian or to safeguard their welfare in cases of parental abduction or wrongful retention. This comprehensive guide delves into the intricacies of recovery orders, their...

Procedural fairness is a very wide legal concept related to whether a court has exercised fairness when arriving at an administrative decision. The idea ensures that the court has not arrived at a decision that may be unfair, unjust or inequitable. Splitting order In family law, a splitting order is a common way to divide superannuation funds between parties. In the context of a superannuation split in family law, procedural fairness refers to ensuring that the process of dividing superannuation...

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...

No Need to Prove Fault for Divorce Despite what you may see on television shows, movies or in the media, there is no need to prove that a party to a marriage was ‘at fault’ for a relationship breakdown. It is a common misconception that if one party’s behaviour contributes to the relationship breakdown, the other spouse will receive a more favourable outcome in the property settlement or parenting arrangements. Put simply, the actions of one party in contributing to...