Category: Family Law

Family law is a multifaceted and emotionally charged area of legal practice. One of the most critical and urgent aspects within this field is the issue of recovery orders. In Cairns, Queensland, as in the rest of Australia, recovery orders are a legal mechanism used to ensure the return of a child to their rightful guardian or to safeguard their welfare in cases of parental abduction or wrongful retention. This comprehensive guide delves into the intricacies of recovery orders, their...

Domestic violence is a pervasive issue that affects individuals, families, and communities across the world. In Cairns, Queensland, the impact of domestic violence is profound, leading to significant physical, emotional, and psychological harm. This blog post aims to provide an in-depth understanding of domestic violence, the legal framework surrounding it in Queensland, and the available family law resources for victims in Cairns. What is Domestic Violence? [caption id="attachment_18117" align="alignright" width="350"] Domestic Violence[/caption] Domestic violence, also known as family violence, encompasses...

Family trusts and rural properties play significant roles in the fabric of family life and business in Cairns, Queensland. Understanding how these elements intersect with family law is essential for those who own rural properties and utilise family trusts. This comprehensive guide explores the intricacies of family trusts, their advantages and drawbacks, and how rural properties are treated under family law in Cairns. Introduction to Family Trusts [caption id="attachment_18106" align="alignright" width="350"] Family Trusts and Rural Properties[/caption] A family trust, often...

Family law property disputes can be emotionally and financially draining for all parties involved. In Cairns, Queensland, mediation offers a constructive way to resolve these conflicts outside of the courtroom. Understanding the mediation process, its benefits, and how it operates within the context of Queensland's legal framework is essential for anyone navigating a family law property dispute. In this comprehensive guide, we'll delve into the intricacies of family law property mediation in Cairns, Queensland, offering insights, tips, and essential information...

Cairns, Queensland, known for its stunning natural beauty and vibrant cultural diversity, is home to a growing population of migrant families. As these families settle into their new lives in Australia, they often encounter unique challenges at the intersection of family law and immigration. In this blog post, we will explore the various considerations and legal aspects that migrant families in Cairns should be aware of, offering guidance and insights to help navigate these complex issues. Understanding Family Law in...

In Cairns, like many other places, family law matters can often be emotionally charged and complex. While some cases may seem destined for litigation, alternative dispute resolution methods offer families an opportunity to resolve their issues outside of court. These methods prioritise collaboration, communication, and reaching mutually beneficial solutions. In this blog, we'll delve into the various ADR methods available for family law matters in Cairns, highlighting their benefits and considerations. Understanding Alternative Dispute Resolution [caption id="attachment_17986" align="alignright" width="350"] Alternative...

You may wish to discontinue proceedings for a range of reasons, such as lack of financial means to continue to litigate, emotional exhaustion, a change in circumstances or opportunity to mediate. The effect of discontinuing proceedings means that you are no longer seeking some of or all of the orders previously sought. Process of discontinuance [caption id="attachment_17892" align="alignright" width="350"] Discontinuance of proceedings[/caption] To discontinue proceedings in Australia, a structured legal process is followed, governed by the Family Law Rules. If...

QCAT has jurisdiction over a wide range of small claims disputes, including matters related to debts, goods and services, residential tenancy disputes, and minor civil dispute involving amounts up to a certain monetary limit of around $25,000. QCAT can hear some family law matters related to: [caption id="attachment_17884" align="alignright" width="350"] QCAT Proceedings[/caption] Guardianship and administration: This includes matters related to decision-making for adults who lack capacity, such as appointing guardians or administrators. Child protection: QCAT can deal with matters related to...

Family law matters are often emotionally charged and complex, requiring careful consideration and professional guidance to navigate successfully. In Far North Queensland, specifically in Cairns, there are various legal services available to assist individuals and families facing challenges in areas such as divorce, child custody/living arrangements, and property settlement. This blog aims to shed light on the diverse range of family law services in Cairns, empowering residents to make informed decisions during difficult times. Divorce and Separation [caption id="attachment_17879" align="alignright"...

Family law and the best interests of the child [caption id="attachment_17846" align="alignright" width="350"] family law system[/caption] Family law primarily deals with matters involving separation, parenting and property settlements. A central principal underpinning the spirit of family law is the wellbeing of each child. That is, the best interests of the child or children remain paramount in every matter dealt with by the Court. What is in the best interests of a child will depend on the temperament, desires, relationships, religion...

Navigating spousal maintenance issues can be a complex and emotional process. Our firm offers expert family law services in Cairns and have put together a comprehensive guide to help you understand how Cairns Family Lawyers and courts approach spousal maintenance matters. The Legal Framework: Federal and State Laws [caption id="attachment_17838" align="alignright" width="350"] Spousal Maintenance in Cairns[/caption] Spousal maintenance in Australia is predominantly governed by the Family Law Act 1975 (Cth), particularly Sections 72 and 75. This legislation provides the general...

The passing of the most recent Family Law Amendment Act on 19 October 2023 brings important changes to the current regime, which will affect your rights, the court’s approach and our legal advice. These amendments will be effective from 6 May 2024. There are four key changes which will discuss in this blog. 1. No more presumption of equal shared responsibility under section 61DA Cause [caption id="attachment_17783" align="alignright" width="350"] family law amendment act[/caption] This presumption provides that parents are presumed...

Bankruptcy can have significant effects upon family law proceedings and it is not uncommon for the Federal Circuit and Family Court of Australia to deal with property matters involving a bankrupt estate. Bankruptcy [caption id="attachment_17773" align="alignright" width="300"] Bankruptcy family law proceedings[/caption] Bankruptcy is the process whereby a person cannot pay their debts when such payments fall due. In Family Law proceedings, when a party becomes bankrupt, control of their property and income transfers to the trustee of the estate. However,...

In the picturesque city of Cairns, nestled in the tropical beauty of Australia, understanding spousal maintenance rights is crucial for individuals navigating the complexities of family law. Governed by the Family Law Act 1975 (Cth), spousal maintenance, a legal entitlement for payment, is applicable to both marital and de facto relationships. [caption id="attachment_17739" align="alignright" width="350"] Spousal Maintenance Rights in Cairns[/caption] For married individuals, spousal maintenance can be sought during the marriage and post-divorce, up to 12 months after divorce, showcasing...

[caption id="attachment_17656" align="alignright" width="300"] Family Law Cases[/caption] In today's digital age, social media has become an integral part of our lives. While it is a powerful tool for communication and self-expression, it can also have unintended consequences, especially in the realm of family law. In this blog, we will explore the intersection of  Family Law Cases and social media, and discuss what individuals should be careful to post to protect their interests and well-being. The Impact of Social Media on...

In the intricate and often emotionally charged realm of family law, the well-being and best interests of the child must always be at the forefront. Cairns, like many other places, recognises the significance of ensuring children's voices are heard and their rights protected during family law proceedings. Independent Children's Lawyers (ICLs) play a crucial role in this process, acting as advocates for the children involved. In this blog, we will explore the importance of Independent Children's Lawyers in Cairns Family...

Legal Considerations for Same-Sex Couples in Family Law Matters in Cairns In recent years, Australia has made significant strides towards recognising and affirming the rights of same-sex couples in various legal aspects, including family law. Cairns, a city known for its cultural diversity and openness, reflects these progressive changes. In this blog, we'll explore the legal considerations for same-sex couples in family law matters in Cairns, Queensland. Marriage Equality and Recognition: Cairns, like the rest of Australia, celebrates marriage equality....

As we move into the new year, it is the perfect time to reflect on our personal goals and priorities, and that includes ensuring our legal affairs are in order. One crucial aspect often overlooked is the review and update of family law documents. Whether it is a Will, Power of Attorney, or healthcare directive, these documents play a pivotal role in safeguarding your family's future. Your Will [caption id="attachment_17548" align="alignright" width="300"] Family Law Documents[/caption] A January legal checkup can...

Family court cases in Cairns, Australia, often involve complex issues related to children and parenting matters. In these cases, the role of a family report is pivotal. It serves as a valuable tool for the family court to make informed decisions that prioritise the best interests of the children involved. In this blog, we will delve into the significance of family reports in Cairns family court cases and how they contribute to fair and just outcomes. What Is a Family...

Changes in Family Law Affecting Cairns Residents Family law is a dynamic and ever-evolving field, with regular changes and updates that can significantly impact individuals and families. Cairns, a beautiful city in Queensland, Australia, is no exception to these changes. Recent developments in family law have brought about several important modifications that Cairns’ residents should be aware of. In this blog, we will explore some of the key changes in family law that affect Cairns residents and how these changes...