Blog

In legal proceedings involving child welfare, access to pertinent documents held by authorities like the Department of Children, Youth Justice, and Multicultural Affairs is crucial. If you are considering issuing a subpoena for the production of such documents in Queensland, here's what you need to know. Issuing subpoenas for the production of documents to the DAepartment of Children, Youth Justice, and Multicultural Affairs (the ‘Department’) is a critical step in legal proceedings involving child welfare. Understanding the process and requirements...

Paternity Determination in Brisbane In Brisbane, Queensland, determining paternity in family law cases involves a complex process guided by the Family Law Act 1975 (Cth). Central to this process is the presumption of paternity, which can arise from various circumstances such as marriage, cohabitation, registration of birth, court findings, signed acknowledgments of paternity, and artificial conception. However, this presumption is not absolute and can be rebutted through evidence presented on the balance of probabilities. For example, if an alleged father...

Child support is a crucial aspect of family law, ensuring that children receive the financial support they need for their upbringing, even when parents are separated or divorced. In Cairns, Queensland, as in the rest of Australia, binding child support agreements play a significant role in formalising financial arrangements between parents. Understanding these agreements is essential for both parents to ensure fair and appropriate support for their children. In this comprehensive guide, we'll delve into the intricacies of binding child...

Am I eligible to commence divorce proceedings? Divorce proceedings can be initiated in Australia if either you or your spouse: is an Australian citizen; is domiciled in Australia; or has been ordinarily resident in Australia for the past three years. For the purposes of family law proceedings in Australia, ‘ordinarily resident’ means that someone has voluntarily chosen to live in Australia for a settled purpose. If there is a relationship breakdown, you or your spouse may apply for a divorce,...

Join Our Team at James Noble Law! Are you ready to embark on an exciting career journey in the legal field? James Noble Law, a leading law agency in Australia, is thrilled to announce an exceptional opportunity for passionate individuals to join us as Full Time Reception / Legal Assistant Trainees! About Us: At James Noble Law, we pride ourselves on delivering top-notch legal services with a client-centric approach. With a team of dedicated professionals and a commitment to excellence,...

Difference Between Joint Decision Making and Day-to-Day Responsibility In family law, understanding the distinction between joint decision making and day-to-day responsibility is crucial. These concepts have significant implications for parents navigating custody arrangements and legal matters concerning their children. Joint decision making refers to the principle that both parents should have an equal say in making major long-term decisions regarding their children's upbringing, welfare, and development. This includes decisions about education, religion, and healthcare. On the other hand, day-to-day responsibility...

You may wish to discontinue proceedings for a range of reasons, such as lack of financial means to continue to litigate, emotional exhaustion, a change in circumstances or opportunity to mediate. The effect of discontinuing proceedings means that you are no longer seeking some of or all of the orders previously sought. Process of discontinuance To discontinue proceedings in Australia, a structured legal process is followed, governed by the Family Law Rules. If you wish to seek to discontinue proceedings,...

QCAT has jurisdiction over a wide range of small claims disputes, including matters related to debts, goods and services, residential tenancy disputes, and minor civil dispute involving amounts up to a certain monetary limit of around $25,000. QCAT can hear some family law matters related to: Guardianship and administration: This includes matters related to decision-making for adults who lack capacity, such as appointing guardians or administrators. Child protection: QCAT can deal with matters related to child protection, including applications for child...

Family law matters are often emotionally charged and complex, requiring careful consideration and professional guidance to navigate successfully. In Far North Queensland, specifically in Cairns, there are various legal services available to assist individuals and families facing challenges in areas such as divorce, child custody/living arrangements, and property settlement. This blog aims to shed light on the diverse range of family law services in Cairns, empowering residents to make informed decisions during difficult times. Divorce and Separation Divorce is a...

Nestled in the tropical paradise of Far North Queensland, Cairns boasts not only stunning landscapes and vibrant culture but also a growing need for careful estate planning. While many residents may associate estate planning with the elderly or affluent, the truth is that everyone, regardless of age or financial status, can benefit from a well-thought-out estate plan. In this blog post, we'll explore the unique considerations of estate planning in Cairns and why it should be a priority for individuals...

In the scenic coastal city of Cairns, Queensland, where lush rainforests meet the crystal-clear waters of the Coral Sea, life unfolds amidst a backdrop of natural beauty. However, even in this idyllic setting, families may encounter challenges that require legal intervention, especially in matters concerning parenting disputes. Family law disputes can be emotionally taxing and legally complex, but with the right guidance and understanding of the legal framework in Cairns, parents can navigate these challenges more effectively. Understanding Family Law...

Family law and the best interests of the child Family law primarily deals with matters involving separation, parenting and property settlements. A central principal underpinning the spirit of family law is the wellbeing of each child. That is, the best interests of the child or children remain paramount in every matter dealt with by the Court. What is in the best interests of a child will depend on the temperament, desires, relationships, religion and culture of the child, amongst many...

Navigating spousal maintenance issues can be a complex and emotional process. Our firm offers expert family law services in Cairns and have put together a comprehensive guide to help you understand how Cairns Family Lawyers and courts approach spousal maintenance matters. The Legal Framework: Federal and State Laws Spousal maintenance in Australia is predominantly governed by the Family Law Act 1975 (Cth), particularly Sections 72 and 75. This legislation provides the general framework for spousal maintenance across the country. In...

Easter Parenting Arrangements in QLD Easter is a time of religious significance for many families, but for separated or divorced parents with different religious beliefs, it can be a source of tension when it comes to parenting arrangements. In Queensland, where cultural and religious diversity is embraced, it is important for parents to navigate these differences respectfully and in the best interests of their children. One of the key challenges parents face is deciding how to incorporate religious beliefs and...

In Queensland, there are various ways in which separated parents can formalise parenting arrangements. Each method will vary depending on the facts of your individual circumstance and this blog aims to refine the pros and cons of each option. Definitions Before we begin outlining the different approaches, it is useful to understand the following terms which are central to parenting matters in Queensland: Presumption of equal shared parental responsibility When making a parenting order, the Federal Circuit and Family Court...

Family disputes involving children can be emotionally challenging and legally complex. If your child resides with you, but the other parent or another person is withholding them, or if there are issues with parenting orders not being followed, you may consider applying for a recovery order. What is a Recovery Order? A recovery order is a court order that directs a child to be returned to: A parent of the child; A person with a parenting order for the child...

Co-parenting during the Easter school holidays in Queensland, can present unique challenges, but with careful planning and communication, it can also be a rewarding experience for both parents and children. One option for dividing time during the Easter long weekend is to have one parent spend time with the children from 12:00 pm Easter Saturday until 12:00 pm Easter Sunday, and the other parent from 12:00 pm Easter Sunday until 12:00 pm Easter Monday. This allows both parents to have...

The passing of the most recent Family Law Amendment Act on 19 October 2023 brings important changes to the current regime, which will affect your rights, the court’s approach and our legal advice. These amendments will be effective from 6 May 2024. There are four key changes which will discuss in this blog. 1. No more presumption of equal shared responsibility under section 61DA Cause This presumption provides that parents are presumed to have equal responsibility concerning the long-term decision...

What is a property settlement? In basic terms, a property settlement determines how much you and your spouse will receive after all of the assets, liabilities and superannuation are identified. The property, assets and superannuation are jointly referred to as the property pool, which is what will eventually be divided and distributed between the parties. Common misconceptions It is a common misconception that both parties to a property settlement will receive a 50/50 split of the property pool. It is...

Bankruptcy can have significant effects upon family law proceedings and it is not uncommon for the Federal Circuit and Family Court of Australia to deal with property matters involving a bankrupt estate. Bankruptcy Bankruptcy is the process whereby a person cannot pay their debts when such payments fall due. In Family Law proceedings, when a party becomes bankrupt, control of their property and income transfers to the trustee of the estate. However, some property, such as superannuation, household goods, motor...