Category: Courts

A subpoena is a legal document issued by the Court at the request of a party to a Family Court proceeding. A subpoena compels a person to produce documents or give evidence at a hearing or trial. The subpoena, which has the effect of a Court order, requires the person to whom it is addressed to produce the documents which it describes. It assumes that the person named in the subpoena document has the ability or capacity to produce the documents...

Undertaking not to use documents produced or filed in one Court for any other Court proceedings. The principle of using documents disclosed in court proceedings strictly for the purpose of those proceedings is fundamental to the administration of justice. It ensures the confidentiality of sensitive materials and encourages parties to provide full and frank disclosure without fear of misuse. This document examines the legal principles underlying this undertaking, focusing on Rule 6.04 of the Federal Circuit and Family Court of...

Guide to Accessing Court Transcripts in Queensland Court transcripts are an integral element of the legal system and obtaining a copy of a transcript for a court hearing can be useful for many reasons. Court transcripts provide an irrefutable written record of spoken words during a judicial hearing. They act as authoritative texts for judicial reviews, appeals, legal research and future literature. As of 10 October 2022, to obtain a transcript for your own court hearing, you are required to...

File on the Commonwealth Courts Portal To access court documents or electronically file them on the Commonwealth Courts Portal, users firstly need to complete the registration process. This blog provides a step-by-step guide with visual aids to help you access your file. Please note: If you already have a file with the Court, you will need to link yourself to it using your file number and client number. It is crucial to ensure that all proceedings (past and future) involving...

Application for undefended proceedings [caption id="attachment_16383" align="alignright" width="350"] Application for undefended proceedings[/caption] The Court can make Orders where a party has been given an opportunity to participate in the proceedings but fails to do so. Principles The Family Law Rules provide mechanisms that allow the Court to determine a case if a party does not comply with the Rules, Family Law Regulations, or procedural orders. Family Law Rules 1.33 states: Failure to comply with a legislative provision or order (1)...

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...

The Role of the Appellant Court in Family Law - Australia The High Court has reiterated many times that orders made in the exercise of judicial discretion under the Family Law Act as to the alteration of property interests can only be set aside on a strictly limited basis in accordance with the principles in House v The King (1936) 55 CLR 499 (“House”) It is not enough that the judges composing the appellate court consider that, if they had been in the...

What is Evatt List? [caption id="attachment_15920" align="alignright" width="300"] The Evatt List – Federal Circuit and Family Court of Australia[/caption] The Evatt List is an initiative in the Federal Circuit and Family Court of Australia designed to triage and progress matters that are considered high-risk. The list aims to guide families that are going through a separation with high-level risks through the Court system at a much faster rate, given the urgency of their situation. Matters are eligible to be placed...

Beware of what you tell to the Judge The Court has the power to award costs for false statement against a party who deliberately misleads the Court  A vengeful spouse in Family Law Matters may seek revenge against a former partner by making a false statement and misleading allegations against his/her former partner, allegations that have no substance or truth.  Be careful what you say. Section 157 of the Domestic and Violence Protection Act (DFVPA) confers discretion to award costs...

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...

Punishment For Breach of a Family Court Order [caption id="attachment_11982" align="alignright" width="300"] Punishment For Breach of a Family Court Order[/caption] 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...

More Funding for the Family Court and Federal Circuit Court of Australia.  [caption id="attachment_11763" align="alignright" width="299"] Family Court of Australia[/caption] The recently announced 2021-2022 Budget has allocated $100 million over 4 years to the Family Court and Federal Circuit Court of Australia.  It is hoped that this increased funding will assist in reducing the significant delays associated with the Court, which were amplified during the COVID-19 pandemic. The funding will also assist in improving safety measures for litigants, children and...

Overflow Causes The Family Court and Federal Circuit Court to Merge Many know that the family law courts are overflowing with matters and many of those matters relate to family violence and abuse, neglect, or harm coming to children. Some may not know that the majority of all family law matters that go to Court start off in the Federal Circuit Court. This Court (originally named The Federal Magistrates Court) was formed in 1999 to deal with less complex cases...

Australian family law act determines your entitlements to property James Noble is a familiar face and expert family lawyers in Brisbane have suggested some way to get your Property by the Australian Family Law Act. If you are searching for legitimate advice before divide family property. This article can be a cool source to help you make the thing happen legally and by the Australian Family Law Act. The four-step approach of the Family Law Act which was adopted by...

Family law rules disclosure - You must need to know You must know the Family law rules disclosure In Family Law property or parenting proceedings, the parties have a responsibility to provide full and frank disclosure.  The duty of disclosure family law is a requirement for all parties involved in a family law dispute to provide to each other party all information relevant to an issue in the case.  Learn more from Family Law act. Family law rules disclosure -...

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...

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 is the family law act 1975? Family law act 1975 is the Laws relating to marriage and divorce and the reasons relating to marriage and with it and otherwise the financial responsibility of the parents of the children and the de-facto relationship and some other matters relating to divorce. What is the purpose of the Family law act 1975? The Family Law Act 1975 focuses on the rights of children and the responsibilities that every parent has towards their...

Equal Shared Parental Responsibility A typical parenting order made by the Court will involve equal shared parental responsibility. This essentially means that both parents are required to consult each other on the major long-term issues of the children which relate to the order. Whilst the definition of “major issues” is not meant to be exhaustive, the five most common issues related to: The child’s education (both currently and any future needs); The child’s religious and cultural upbringing (this is particularly...