Category: Family Law

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...

When couples separate, it is not uncommon for Party A to be named on title for the family home, while Party B is unnamed, even though Party B made substantial contributions to the relationship. This may be the result of Party A having purchased the home prior to the relationship commencing. If Party A is the sole registered owner of the home, this can pose a risk to Party B post separation, noting that Party A can sell the home...

Cairns, Queensland, is renowned for its breathtaking natural beauty, vibrant community, and thriving economy. With the recent establishment and operation of James Noble Law's Family Law Practice in Cairns, this picturesque region stands to gain even more from the expertise and dedication that this legal practice brings. In this article, we'll explore the various benefits that this expansion offers to the Cairns area and its surrounds. [caption id="attachment_18632" align="alignright" width="350"] James noble[/caption] Expertise and Experience: James Noble Law is a...

The concept of exclusive occupation of the matrimonial home often arises in the context of disputes following the breakdown of a marriage. In a recent Family Court decision, the Court examined the principles guiding applications for one party to have exclusive possession of the former matrimonial residence. The power to grant such an injunction is derived from section 114 of the Family Law Act 1975 (Cth), which provides the Court with discretionary authority to make orders it considers "proper." [caption...

Family law proceedings often come with financial and emotional burdens for the parties involved. A significant aspect of these cases is determining who bears the legal costs.  While the general rule is that each party pays their own legal expenses, there are circumstances where the Court may order one party to cover the other’s costs. Understanding these rules and exceptions is essential for navigating family law disputes effectively. Usually, parties who are involved in family law proceedings pay their own...

Litigation funding orders play a critical role in ensuring procedural fairness in legal proceedings, particularly where an imbalance of financial resources between the parties exists.  These orders are designed to address situations where one party, often in control of substantial assets, is able to fund legal representation while the other is left at a disadvantage. By allowing access to resources that might ultimately be distributed in property settlements, litigation funding orders aim to level the playing field.  This text explores...

The concept of a defacto relationship often raises complex questions, particularly when the parties involved have differing views on key aspects of their shared life. In Australian family law, a defacto relationship is defined not by rigid criteria but by the nature and degree of mutual commitment between the parties. This discussion examines the legal framework under section 4AA of the Family Law Act, emphasising the nuanced and flexible approach taken by courts in determining whether a defacto relationship exists....

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,...