It is very important that your Will is always current and up to date. Why? If the Coronavirus Pandemic has taught us anything, it’s that the future is unknown and preparation is key. So, why should you update your Will? There are a number of reasons why this important task should be a priority for you. If anyone in your Will has died (i.e. Executor or Beneficiary), they should be removed. If your financial position has changed. If you have...
[caption id="attachment_11851" align="alignright" width="300"] Family Court jurisdiction support the child being vaccinated[/caption] Children Family Court Jurisdiction: In a recent decision in the Family Court found that it was very regrettably that the mother did not support the child being vaccinated. The Court considered that her opposition to the child being vaccinated, as the child’s principal carer, would likely complicate the process and make it much more difficult for the child. The Court considered that in these circumstances it would be...
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...
You have had counselling with your partner and possibly your own counselling to solve Parental Responsibilities. Matters cannot be resolved. You have received financial advice to know what your financial future holds. You have endeavoured in every way possible to negotiate with your partner but without success. The stumbling block seems to be who is to care for your children. However, you may have been successful in taking Parental Responsibilities. If you have been able to work out a parenting...
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...
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...
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...
Who Liable to provide Financial help for single mums During Pregnancy? Financial help for single mums: What happens if you are pregnant and the father is no longer willing to raise the child or provide pregnancy financial assistance? Is the father still liable to pay relevant costs? Essentially, the answer is - yes. The biological father of a child is liable to Financial help for single mums During Pregnancy and also the costs associated with pregnancy and raising the child....
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...
Domestic Violence in Australia & Property Matters The issue of family violence is currently governed by both the Family Law Act 1975 (Cth) and the Family Law Legislation Amendment (Domestic Violence in Australia and Other Measures) Act 2011 (Cth). The recent amendments effectively change the Family Law Act to provide: Greater protection from harm when determining the child’s best interests; Changing the definition of ‘Family Violence’ and ‘Abuse’ to reflect a modern understanding of the terms; Providing a wider scope...
Are you driving without a licence? if you are driving without a licence in the state of Queensland, and continue to drive, this is known as unlicensed driving. Typically, unlicensed driving occurs where individuals have lost their licence due to loss of demerit points, failing to obey fine orders by the court or having been found guilty of high-speed driving offences. Unlicensed driving is different from driving while disqualified. The offence for driving while disqualified applies only where a person...
Biggest Issue on Child Custody Australia Child Custody Australia has One of the biggest issues facing Multi-national Australian families is parenting arrangements and custody of children. The 2011 Census suggests nearly half of the Australian population has one parent who was born in another country. As Australia has one of the highest intermarriage rates and divorces in the world, this often leads to international child custody disputes. Under Australian law, the Family Court will not allow one parent to move...
Sentimental Value in Property Settlement In determining how the property pool is split, the Court has previously highlighted the difficult and sometimes unique circumstances where one party may have sentimental value in an asset. In one particular case, the Husband of the proceedings was given 14 days to retrieve the ashes of his deceased parents which had been laid in a memorial on the family farm. During the divorce proceedings, the farm had been awarded to the wife. Sentimental Value...
Australian Criminal Law The international US story of a 34-year-old female teacher (Letourneau) who seduced one of her 12-year-old students (Fualaau) into a relationship raises clear questions as to how this situation would be dealt with under Australian Criminal Law. Letourneau originally pleaded guilty to two counts of felony second-degree rape of a child in 1997 and was sentenced to seven years imprisonment as a result. As this is a US case, the legal position is slightly different in the...
Aggravated Sexual Assault Bill Cosby was convicted of aggravated sexual assault and sentenced to 3 years imprisonment for the acts committed against several women. Although the term “sexual assault” is well-known in both the US and Australian jurisdictions, the Australian position differs slightly. Pursuant to the Criminal Code 1899 (Qld) section 352, any person who unlawfully and indecently assaults another person, or, procures another person to commit an act of gross indecency without consent is guilty of a crime. This...
Do you know the New Smoking Laws QLD? Current and New Smoking Laws QLD Australia New Smoking laws QLD was originally restricted in certain areas such as indoor dining areas and other licensed premises under the Tobacco and Other Smoking Products Act 1998 (Qld). Amendments to this legislation in 2004 resulted in stricter bans, with children’s playgrounds, stadiums, beaches, and near entrances of buildings and public transport making the list of restricted areas. Smoking laws subsequently included the outdoor eating...
Is Drink Driving Only Applicable For Cars? Nope! If you are caught drink driving, there is a strong chance the vehicle will either be a car or motorcycle. These two categories of transport form approximately 98% of the current drink driving charge in Queensland. However, these are not the only forms of transport you are able to be caught drink driving. Do you know the laws? The Transport Operations (Road Use Management) Act 1995 (Qld) provides an array of different...
Since the implementation of the Marriage Amendment (Definition and Religious Freedoms) Act 2017, factors such as sex and gender no longer affect Australian marriage rights, with same-sex marriage now legal amongst all states and territories. These changes altered the existing Marriage Act 1961, redefining marriage to be ‘the union of two people to the exclusion of all others, voluntarily entered into for life’. Same-sex Marriage Marriages involving couples of the same-sex are recognised with Australian divorce proceedings, regardless of whether...
Sentencing Approaches Undertaken by the Australian Court In the last five years, the High Court of Australia has heavily criticised sentencing principles that implement an oversimplified approach and place significant weight to broad sentencing ranges and individual factors. As a result of this increased criticism, the court’s approach has slowly shifted to sentencing approaches which implement an order determined on balancing all circumstances of the case to reach a single judgement, as opposed to specific process or components. Historical Approach...