Category: Brisbane Family Lawyer

When navigating the complexities of family law, selecting the right legal representation is paramount. James Noble Law, based in Queensland, stands out as a trusted firm with over 50 years of experience in family law. Led by Charles Noble and Accredited Specialist James Noble, the firm is renowned for its client-focused and results-driven approach. Here are the top 10 questions prospective clients often ask when considering engagement with a family law firm, along with insights into how James Noble Law...

When faced with family law matters, finding the right lawyer is crucial to navigating the complexities of the legal system and securing the best possible outcome for your family. In Brisbane, Queensland, selecting the right family lawyer requires careful consideration. Here are some tips to help you make an informed decision: Specialisation in Family Law [caption id="attachment_17705" align="alignright" width="350"] Right Family Lawyer[/caption] Look for a lawyer who specialises exclusively in family law. This ensures they have a deep understanding of...

Dealing with Parental Alienation [caption id="attachment_16725" align="alignright" width="300"] Parental Alienation[/caption] Parental alienation is the psychological manipulation of a child into showing unfounded fear, contempt or hostility towards a parent that is unjustified. Alienation is certainly a common counter-allegation when accusations of family violence and abuse are made in family law proceedings. The concept of alienation syndrome is quite controversial, and many argue that it does not exist. In fact, it is so divisive that the Office of the United Nations...

Independent Children's Lawyer (ICL) Relebant Law The Family Court has inherent jurisdiction and hence power to control its own proceedings including the power to appoint and discharge an ICL. Such power is by its nature discretionary. Specifically, the power to appoint an  Independent Children's Lawyer (ICL) is provided at s 68L of the Family Law Act 1975 (Cth) (“The Act”). Section 68LA sets out the role of the ICL as follows: 68LA Role of independent children’s lawyer When section applies...

What are the Principles under Section 114(1) of the Family Law Act in Australia? The principles to be applied in making an order for sole use and occupancy of the former matrimonial home pursuant to s 114(1) of the Act are to be understood in light of the observations about the general nature of the injunctive powers of this section of the Act. They may be summarised as follows: a) the Court may make such an order as it thinks proper; b) there...

Breaches of Financial Court Orders and Enforcement [caption id="attachment_14773" align="alignright" width="350"] Breaches of Financial Court Orders and Enforcement[/caption] Breaches of Financial Court Orders are common, though not ideal in Family Law matters, especially for property matters where large sums of money are to be paid and transfer of property is to be arranged. In general, financial orders require payment of a sum of money or the transfer of property/chattels. When a party refuses or fails to pay the sum or...

CONSTRUCTIVE TRUST. Their Relevance in Family Law  A trust arises by operation of law where it would be unconscionable for a person who holds an asset to deny the beneficial interest of another person. Viewed in its modern context, the constructive trust can properly be described as a remedial interest which equity imposes regardless of actual or presumed agreement or intention (and subsequently protects) to preclude the retention or assertion of beneficial ownership of the property to the extent that...

About The Lighthouse Project effect in Brisbane The Lighthouse Project came into effect in the Brisbane Registry of the Family and Federal Circuit Court of Australia in early 2021. It is a pilot program designed to assist the most vulnerable participants in parenting matters with concerns as to family violence, abuse or neglect, substance issues, and other safety issues. Why The Lighthouse Project? The main aim of The Lighthouse Project is to identify risk and provide parties with additional support...

How Australian Lawyers are getting hurt? Australian Lawyers getting hurt as a result of Covid-19 shutdowns. Digital Disruption leading them back to work. Like most other industries, the legal fraternity is seeing difficulties with the continuing lockdowns in many states and area hotspots. The legal profession can be proud of the way it has adapted to servicing clients and continuing to work from remote locations however some layers have seen their firms suffer financially as a result. Lawyers are using...

How to avoid court? Alternative dispute resolution. Maintain a working relationship with your former partner after separation, especially if there are children For the sake of your family, especially your children, after a separation, it is important, if at all possible to do so, to maintain a working relationship with your former partner alternative dispute resolution. If only for a short period of time to help negotiate a resolution of financial and children’s issues. Seek a resolution of such issues...

They are property issues and superannuation. Superannuation Legislation for many years was not property under the Family Law legislation and the Court had no power to deal with it although the Court, to overcome this difficulty, made an adjustment to a party’s interests and in some cases extreme adjustments to compensate a party for the loss in the other party’s superannuation. The classic examples for high adjustments related to people in professions or employment where there were large superannuation interests...

Working Remotely with The Best Law Firm Australia,  ain't no joke! To successfully start working remotely for the best law firm in Australia, it is imperative that you have excellent Workplace Communication in place. Communication is especially important in the workplace; this is what drives increased productivity, improves morale and efficiency. It helps foster an excellent working relationship between you, your boss, and your colleagues. Therefore, at James Noble Law we start the day with a Microsoft Teams meeting and...

As with many professional services sectors, law professionals generally really only sell their time. And, as we all know very well, time is money. So if you are searching for legal advice the family lawyer cost can be higher depending on the expertise level of your attorney. In the interest of saving everyone time (and money), we've compiled a shortlist of items to consider if budget is a factor (and let's face it that it probably is!). Keep these in...

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...

Financial Settlement issues What Happens to Home Loans, Mortgages, and Properties After Divorce? One of the biggest concerns of parties whose marriage has broken down is what happens to financial settlement resources and debt during this process. When it comes to matrimonial assets, one of the main considerations is whether the party who resides in the main property has the capacity to maintain the residence during interim and final proceedings. Whilst it is important that the matrimonial home is maintained...

What is a Parenting Plan? A parenting plan is a plan which puts the best interests of the child first. It is your and your partner's commitment to your children and their future. A parenting plan is a written agreement between parents under practical issues of parental responsibility. What Happens if a Party breaks Parenting plan or arrangement and Does Not Return the Child? If you are concerned that your child may not be returned to your care after spending...

HELP! I've Got An Executor Dispute: Can I Remove an executor of a will? It is not uncommon for clients to raise they are frustrated with how the executor of a will is administrating a deceased person’s estate. These complaints typically arise from beneficiaries to a Will, being the category of person who benefits under the will. Before dealing with these issues, it is necessary to understand the nature of the executor of will, their position, and the responsibilities this...

What are family report writer interview questions, Examples, Recommendations, and Interview What is Family Report? Before talking about family report writer interview questions, let's talk briefly about Family Report. A family report is a document written by a court-appointed family counselor. It provides an independent assessment of the issues in the case and can help the trial judge decide on child / rental arrangements. This can help the parties reach an agreement. What does a family report writer do for...

How to Obtain an Australian Child Passport for My Child After Separation? Before obtained an Australian Child Passport, the Passport Office requires the child’s parent or any other person with parental responsibility to provide written consent to the passport being issued. Therefore, the easiest way to obtain an Australian Child Passport is to receive consent from the other parent. However, this will not always be possible. In circumstances where the other parent refuses to provide written consent or does not...

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...