15 Aug
2022
Can you use secret audio recordings in family law?
Can you use secret audio recordings in family law? As technology continues to evolve, it is becoming more common for clients to ask whether they can use secret audio recordings in their family law matters. Before you consider recording your conversation with the other party, there are several important factors that you need to consider, including: Whether the recording is legal to make in Queensland; Whether a Court will allow the recording to be used as evidence; and Whether you...
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8 Aug
2022
What is an ICL ?
Independent Children’s Lawyer (ICL) So your parenting matter is in Court and the Judge has made an Order for an Independent Children’s Lawyer to be appointed in your matter. What is an Independent Children’s Lawyer (ICL) and why has this Order been made? Independent Children’s Lawyers, more commonly referred to as ICL’s are independent separate legal representatives who act on behalf of the child or children who are the subject of the Court proceedings and ensure the best interests of...
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6 Aug
2022
Evidence and Other Legislation Amendment Bill 2021: Greater Support for Domestic and Family Violence Survivors in Queensland
Greater Support for Domestic and Family Violence Survivors in Queensland Queensland recently announced that a new pilot allowing the use of police body-worn camera footage in Court for domestic and family violence victim-survivors will be established under the Evidence and Other Legislation Amendment Bill 2021. Essentially, video statements taken by trained police officers will be admissible as a survivor’s evidence-in-chief in criminal proceedings for a domestic violence offence, including breaches of domestic violence orders. The pilot stemmed from the recommendation...
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4 Aug
2022
Divorce and Property Settlement: Can you do one without the other?
Divorce and Property Settlement: Can you do one without the other? It is a common assumption that parties have that you can not reach a financial settlement without being divorced and this is simply not true. For parties to reach a property settlement you and your spouse do not need to be divorced. Securing a divorce and obtaining a property settlement are considered two separate matters for example, a divorce is an Order which is made by the Court which...
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1 Aug
2022
What Is The Family Law Watchlist?
Family Law Watchlist It is not uncommon for a parent to be concerned that their ex-partner is going to take the children abroad without permission. In these circumstances, an application can be made to place the children on the Family Law Watchlist. This prevents the children leaving the country without the permission of both parents or a Court Order to do so. Children may be placed on the Watchlist in the following circumstances: The Court has issued an Order limiting...
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25 Jul
2022
Spousal Maintenance: How does it work?
Understanding Spousal Maintenance and how it works? In property settlement matters some parties may be seeking that their partner makes a lump sum payment or for a particular period of time make ongoing payments by way of support. It is important to understand that even if you do not have children with your former partner, you still may be required to pay to them a sum of monies (either in a lump sum or ongoing), which is known as “Spousal...
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7 Jun
2022
Depp V Heard: What Did We Learn?
The infamous defamation trial instigated by Johnny Depp against his ex-wife Amber Heard has concluded, with Mr Depp being awarded $15 million in damages. However, punitive damages cannot exceed $350,000 in Virginia meaning that Johnny Depp will receive a total of $10.35 million. Separately, the jury ruled in favour of Amber Heard on a countersuit of defamation, with Ms Heard being awarded $2 million in damages. According to Michael Bradley of Marque Lawyers, the trial was conducted “like a circus”....
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19 May
2022
What You Need To Know About Subpoenas But Probably Don’t
What is a Subpoena? A ‘subpoena’ is a legal document issued by the Court at the request of a party. A subpoena compels a person to produce documents and/or give evidence at a hearing or trial. There are three types of subpoenas: Subpoena for production of documents; Subpoena to give evidence; and Subpoena for production of documents and to give evidence. Documents or evidence produced under subpoena is protected by the principle of ‘implied undertaking’ (or legal promise) founded in...
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12 Nov
2021
Are you at risk of family violence?
Unfortunately, statistics are on the rise for family violence in contemporary Australian society, with studies determining that individuals are most at risk at the time of or shortly following separation. Usually this is as a result of increased stress, financial pressure and uncertainty surrounding the family breakdown. The uncertainty of parenting arrangements yet to be determined and property settlements that are not yet resolved can cause heightened emotions. Family violence in Australia can take on many forms. Commonly it includes...
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8 Nov
2021
What Are Considered The Best Interests of the Child?
In parenting matters, the Court’s main focus is making orders that align with the children’s best interests as this remains the paramount consideration. But how does the Court determine what is in the best interests of the child? There is no hard and fast rule for this. Each case is decided depending on it’s own circumstances and there are a number of considerations the Court takes into account. These considerations are broken down into “primary” considerations and “additional” considerations. The...
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23 Aug
2021
Different Rules You Should Know About Surrogacy Laws in Australia
What is Surrogacy Laws in Australia? [caption id="attachment_11834" align="alignright" width="300"] surrogacy laws in Australia[/caption] Every day the number of children born via surrogacy arrangements in Australia and overseas is increasing significantly. By definition, surrogacy is a form of assisted reproductive technology whereby a surrogate mother offers to carry a baby through pregnancy on behalf of another person or couple (who medically or socially are unable to carry a child of their own) and then relinquishes the baby to the intended...
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21 Jun
2021
Which way to go?
Divorce property settlement examples Australia: Following the recent separation of billionaires Bill and Melinda Gates after 27 years of marriage, it has been reported that the couple chose to separate amicably and to privately negotiate their property settlement outside of the Court and public eye. Upon the breakdown of a marriage or de facto relationship, parties can either negotiate and formalise a property settlement agreement privately (either by way of Consent Orders or a Binding Financial Agreement) or they can...
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5 May
2021
Notice of Child Abuse, Family Violence, or Risk in Parenting Proceedings
Notice of Child Abuse, Family Violence, or risk in Parenting Proceedings If you commence or respond to parenting proceedings, you will be required to file a Notice of Child Abuse, Family Violence, or risk, an Application or Response will not be accepted for filing without the notice. This document alerts the Court to possible risks to the child or children or even the parties themselves involved in the litigation. The most prevalent risks are often categorised as neglect, emotional abuse,...
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12 Mar
2021
What Are You Worth in Your Property Settlement?
What Are You Worth in Your Property Settlement? That is (sometimes) the million-dollar question. In determining what a client is worth in a property settlement, we (and the Court) utilise a 4 step process. The 1st step is to determine the value of the net asset pool that is available for division between the parties. This includes adding up the value of all the assets (whether in one party’s name or joint names), taking away all the liabilities and then...
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3 Mar
2021
What’s The Lighthouse Project effect in Brisbane, Australia 2021?
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...
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18 Jan
2021
5 Best Suggestions for co-parenting during COVID-19 in Australia
Best 5 Suggestions for co-parenting Australia during COVID-19 Today we brought five suggestions for you on "co-parenting Australia". The Australian Government restrictions are frequently changing to ensure the safety of the people and this means there has been more people in self-isolation and the norm of daily living has changed. Parents are working from home and schooling their children at home also, to a large degree, has moved online which can be stressful for many families. For parents who are...
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23 Oct
2020
Alternative dispute resolution (ADR) to Maintain a working relationship with your former partner after separation
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...
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19 Jun
2020
Working Remotely for the best Law Firm Australia | James Noble Law
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...
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15 Jun
2020
Five Simple Ways To Cut Unnecessary Costs On Your Family Lawyer
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...
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11 May
2020
How To create a Airtight Binding Financial Agreements ? How Tight Is An Airtight BFA?
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...
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