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Relocating overseas INTRODUCTION 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...

The infamous defamation trial instigated by Johnny Depp against his ex-wife Amber Heard has concluded, with Mr Depp being awarded $15 million in damages. However, punitive damages cannot exceed $350,000 in Virginia meaning that Johnny Depp will receive a total of $10.35 million. Separately, the jury ruled in favour of Amber Heard on a countersuit of defamation, with Ms Heard being awarded $2 million in damages. According to Michael Bradley of Marque Lawyers, the trial was conducted “like a circus”....

What is coercive control in Queensland? The Queensland Government has announced that the State will introduce legislation to make coercive control a criminal offense by the end of 2023. The overhaul of laws and practices to better protect Queenslanders from domestic and family violence and hold perpetrators to account also includes: New programs to recognize and prevent coercive control; Commission of Inquiry into police responses to domestic and family violence; Expansion of the Domestic and Family Violence Courts; Better support...

What is Gender dysphoria? A concept designated as clinically significant distress or impairment related to a strong desire to be of another gender, which may include a desire to change primary and/or secondary sex characteristics. Not all transgender or gender diverse people experience dysphoria. Gillick competent: The legal test is used to determine if a child is capable of giving consent when he or she “achieves a sufficient understanding and intelligence to enable the child to understand fully what is...

Central Practice Direction The Federal Circuit Court of Australia and Family Court of Australia officially merged to form the Federal Circuit and Family Court of Australia (‘FCFCOA’) on 1 September 2021. The FCFCOA subsequently published the Central Practice Direction to detail the new case management pathway. As a practitioner or litigant in family law matters understanding the major structural changes to the system is imperative. Purpose of the Central Practice Direction The purposes of the Central Practice Direction are to...

For a Successful Mediation  Mediation is a form of Alternative Dispute Resolution (ADR) where parties can negotiate the property and or parenting terms of their separation outside of the Court.  Mediation can be cost-effective, efficient, flexible, and is a viable alternative to Court proceedings.  Attending the Mediation  The mediator prior to the mediation is selected by either or both of the parties and is a qualified, independent, and impartial third party.  The parties which are in dispute must attend the...

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...

Domestic and Family Violence Turns Deadly Recently the Brisbane suburb of Logan mourned the death of Father and Nurse/Care Manager Stanley Obi aged 33 who died at the hands of his ex-partner and mother to his children, Sarah Mudge aged 31. Ms. Mudge is reported to have broken into Mr. Obi’s home, doused him and his girlfriend in petrol, and then set the house alight. Fortunately, the 3 children managed to escape the burning house but sadly both Mr. Obi...

Binding Financial Agreements in De facto relationships If you are in a de facto relationship and cohabitating with your partner, entering into Binding Financial Agreements is the only protection you can have ahead of time to safeguard the assets you “walked” into the relationship with. This is particularly important if there is a large difference between your financial position and your partner’s financial position.  A Binding Financial Agreement during a de facto relationship, therefore, sets out how the property pool...

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...

Over the past few years, criminal law and family violence have increasingly interconnected with family law and child protection matters.   At times family law matters, especially when involving children, can often reveal the complexities within a family, and therefore it is not uncommon for these complexities to also include some criminal elements which in family law can also be considered family violence.  It is important to understand that this does not necessarily mean that the criminal elements/family violence are due...

Binding Financial Agreement to be legally binding There are certain requirements that must be adhered to for a Binding Financial Agreement to be legally binding. If these requirements are not adhered to, the Agreement may not be upheld in the future if challenged. Here are some things to consider: Did you receive adequate legal advice? In the decision of Hoult & Hoult [2013] FamCAFC 109, the parties entered into a Financial Agreement before they were married. The Judge ruled that...

Dangers of Social Media The rise of social media is impacting various areas of law, particularly family law proceedings. While sharing a social media post may seem harmless, a recent Family Law Review found that 81% of cases accepted social media evidence. There is no denying that an impulsive post can seriously affect the outcome of your matter. The dangers of social media in the context of family law proceedings cannot be overstated. Posts, photos, and comments made in the...

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...

Family court orders are binding Court orders are binding for all parties, regardless of whether it is on an interim or final basis. Despite this, breaches of court orders are still extremely common in family law. The important question is what can be done when dealing with breaches of orders? Ultimately, there are three options: Do nothing; File an application to vary or set aside the orders; File a contravention application to enforce the orders. When it comes to family...

Children with special needs may require a higher level of care from their parents and caregivers, depending on the nature of their disability. In circumstances where parents of children with special needs have separated, their parenting Orders should be tailored to suit the circumstances of their child’s medical, educational and therapeutic requirements.  The Family Law Act 1975 does not distinguish between the best interests of a neurotypical child and a special needs child, although these can be significantly different depending...

Australian Court System about Unvaccinated Despite the Coronavirus pandemic continuing to make waves across the country, it is not compulsory to be fully vaccinated against COVID-19. Presently it is up to an adult individual to make this decision for themselves or a parent to make this decision for their underage child. The right to make such a decision is typically referred to as “freedom of choice”.  At James Noble Law we support and respect everyone’s right to make the choice...

Children Vaccination Update in Australia In the midst of the global Coronavirus pandemic, the Australian Government recently announced that children aged 5 to 11 are now eligible to receive the Covid-19 vaccinations, should their parents wish for them to. But what happens if you and your former partner cannot agree on whether or not to vaccinate your child?  The Covid-19 vaccinations are administered in 2 doses, given 8 weeks apart. The time between the vaccinations can be reduced to 3...

What is a Mutual Wills?  Mutual wills are considered a ‘legally binding contract’ between two people that are drafted in terms agreed upon by both parties and cannot be revoked or amended by either party without the agreement of the other. This means that following the death of the first party, the wills are irrevocable and changes can never be made by the surviving party (unless otherwise provided for).  Most commonly, mutual wills are used in circumstances where parties have remarried with children from a former marriage. This...

What are Consent Orders?  A Consent Order is made by the Federal Circuit and Family Court of Australia formalising an agreement reached between parties after separation about parenting and/or property matters. A parenting order will only become legally binding if deemed to be in the best interests of the child.  As a legally binding Order, each person affected by the Order must follow it. A parenting order deals with a range of issues, including but not limited to:  Who the child will reside with;  How much time the child will spend with each parent;  Whether one or both parents...