Blog

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...

Binding Financial Agreements & Will drafting essentials Will drafting is an important skill to possess as a junior solicitor. Unfortunately, you don’t always get the opportunity to refine your drafting skills in university which makes the leap into real-life practise particularly daunting.  The key question here is; what components are necessary to appropriately prepare wills as a junior solicitor?  After all, a negligence claim down the line could carry dire consequences for you and your principal, especially at the outset of your career.  Making a formal will  It is...

From 1 September 2021 the Federal Circuit Court and Family Court of Australia has implemented new Pre-Action Procedures that must be adhered to and followed prior to anyone commencing Court proceedings.  The aim of the Pre-Action Procedures are to give the matter a chance at resolving amicably before the pathway of litigation is commenced.  The new Pre-Action Procedures are set out in Schedule 1 of the Federal Circuit Court and Family Court Rules 2001 and include the following: Providing the...

In a recent Appeal of a decision of the Family Court of Australia, the Appellant Court reviewed orders between the parties in respect of their two children under Pt VII of the Family Law Act 1975. The orders made provision for the children to live with the mother and for her to have sole parental responsibility for them. Relevantly, however, the orders also made provision for the children to spend time and communicate with the father and required the parties to ensure the...

Unfortunately, statistics are on the rise for family violence in contemporary Australian society, with studies determining that individuals are most at risk at the time of or shortly following separation. Usually this is as a result of increased stress, financial pressure and uncertainty surrounding the family breakdown. The uncertainty of parenting arrangements yet to be determined and property settlements that are not yet resolved can cause heightened emotions.  Family violence in Australia can take on many forms. Commonly it includes...

In parenting matters, the Court’s main focus is making orders that align with the children’s best interests as this remains the paramount consideration. But how does the Court determine what is in the best interests of the child? There is no hard and fast rule for this. Each case is decided depending on it’s own circumstances and there are a number of considerations the Court takes into account. These considerations are broken down into “primary” considerations and “additional” considerations. The...

Did you know that you need to have a mediation certificate before you can commence Court proceedings seeking parenting orders? The mediation certificate is also known as a Section 60I Certificate and is issued by registered family dispute resolution providers in the following circumstances: To confirm both parties attended mediation and made a genuine effort to resolve the dispute;  To confirm both parties attended mediation but one party did not make a genuine effort to resolve the dispute;  The practitioner...

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...

On 1 September 2021 the Family Court of Australia merged with the Federal Circuit Court of Australia. The new Court referred to as the Federal Circuit and Family Court of Australia has a primary aim to finalise 90% of property or parenting matters by way of providing a final judgment and decision within 12 months of filing an Initiating Application.  For years, the Family and Federal Circuit Court’s have been overworked, understaffed, and plagued by constant delays and adjournments of...

Binding Child Support Agreement or Limited Child Support Agreement? When parents reach an agreement in relation to child support, there are two options available to formalise that agreement.  Those two options are: A Binding Child Support Agreement; and A Limited Child Support Agreement.  What is the Binding Child Support Agreement? A Binding Child Support Agreement is a contract between the parents which sets out the terms of the agreement they have reached in relation to the amount of child support...

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...

The most important thing to remember as any parent, and just as much so in separated families, is that you must be proactive and protective should your children face a serious or significant threat. You must protect them from any real potential harm regardless of whether there is a parenting plan in place, Court orders or simply an agreement between the parents in split family situations where care is shared. So, yes you should withhold a child if there is...

What is Binding Financial Agreement? A Binding Financial Agreement is a private contract between two parties in which they are effectively finalising property settlement and spousal maintenance issues outside of the Court. Binding Financial Agreements can be entered into: Before marriage; During marriage; After divorce;  Before cohabitation; or During cohabitation. The benefit of entering into a Binding Financial Agreement The benefit of entering into a Binding Financial Agreement is that the Court will not review the terms of the agreement...

In parenting proceedings, parties are required to complete a Court form titled Notice of Child Abuse, Family Violence or Risk which discloses any allegations the parent may have against the other party which places children at risk.  If a party alleges there is a drug or substance abuse problem on behalf of a parent, then that parent may be required, via Court Orders, to undertake some form of drug testing. The drug testing can include urine samples and hair follicle...

Punishment For Breach of a Family Court Order In a recent decision of the Family Court, it was ordered that a mother serve an immediate term of imprisonment of 14 days and further that she be subject to a further term of imprisonment of 14 days which will be fully suspended. This arose because the mother had failed on numerous occasions to allow her child to spend time with the child’s father when there were orders in place for the...

What is Surrogacy Laws in Australia? Every day the number of children born via surrogacy arrangements in Australia and overseas is increasing significantly. By definition, surrogacy is a form of assisted reproductive technology whereby a surrogate mother offers to carry a baby through pregnancy on behalf of another person or couple (who medically or socially are unable to carry a child of their own) and then relinquishes the baby to the intended parents after birth. Is Surrogacy Legal in Australia?...

Britney Spears is making international headlines yet again, but this time there’s no new album being released or a shot gun Las Vegas wedding. Ms Spears actively continues to strongly oppose the conservatorship which granted her Father control over her finances, financial and personal decisions that has been in place since 2008. Ms Spears primary objection is that the conservatorship is no longer warranted and that it has become oppressive and used as a method of control against her. The...