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...
Preparing an Airtight Binding Financial Agreements Binding Financial Agreements (BFA), also referred to as “pre-nups” are created when two parties have made a fully informed decision to enter into a binding agreement. The creation of an Airtight Binding Financial Agreements requires the parties to disclose their financial position, provide reasonable time to consider the agreement and obtain independent legal representation to avoid any undue influence or pressure on the other party. This document effectively allocates assets and other financial resources...
What should you do if Family Law Matter makes Delay? Merging Family Courts and Early Senate Reports The current structure of the Family Court of Australia and Federal Circuit court of Australia have led to systematic backlogs of cases, with Judges required to hear a multitude of matters on a single day. This has led many parties who have proceedings before the Court to be frustrated, and rightly so. The planned merging of the Family Court of Australia (FCA) and...
Who Is Responsible For Payment of School Fees and Extra-Curricular Activities Post Divorce? A major concern amongst parents who have children under their care is the payment and costs associated with extra curricular activities. As sport, music, dance, and other similar activities are popular with children of all ages, the costs associated with these can be quite significant over a long period of time. Unlike child support payments which are determined upon set criteria and formula, non-periodic payments associated with...
Family Law Arbitrators Charles Noble and James Noble are proud members of the National body for family law arbitrators and mediators know as AIFLAM. The Institute of Arbitrators and Mediators Australia promotes the attractions of mediation and arbitration as a means of dispute resolution amongst both practitioners and the wider community. Taken from the aiflam website: Aiflam History In 1988 the Family Law Council presented its report ‘Arbitration in Family Law’ to the Commonwealth Attorney-General. The report recommended the establishment of an arbitral...
Is Private Arbitration law for you? Did you know that you can get an impartial, independent decision regarding the division of your relationship property (and even your child custody matters) from an experienced Brisbane family lawyer who can make, essentially, the same decision as a Judge so you can move on quickly? How is Private Arbitration law? Not many people know that there are some very experienced family lawyers in Brisbane (make sure you get an Accredited Specialist Family Lawyer...
