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...
Merging of the federal circuit court of Australia On 30 May 2018, the Government proposed to restructure the existing structure of the Federal Circuit Court of Australia. This will have the effect of merging the Federal Circuit and Family Court of Australia (FCFCA) as of 1 January 2019. Resulting from this merge, a new Family Law Appeal Division will be created to specifically hear appeals from family matters of the new court structure. The new structure intends to create a...
Who Keeps the Engagement Ring Law after Separation? [caption id="attachment_11754" align="alignright" width="350"] Engagement Ring Law[/caption] Who keeps the engagement ring after divorce/separation according to engagement ring law? One of the big questions couples have after a relationship breaks down is what happens to the engagement ring. The issue of which party has a claim to this item can be contentious, with many different opinions based on tradition, morals, and conventions. Where parties are disputing the ownership of the ring, this...
What is Restorative Justice? Restorative justice is the principle of diverting offenders to rehabilitative services such as pre-court mediation, community conferencing between the offender/victim and engaging with specialised programs to reform criminal behaviour. The principles of restorative justice Queensland are reflected within a multitude of different legal instruments, such as the Youth Justice Act 1992 (Qld), the Penalties and Sentences Act 1992 (Qld) and the Criminal Code 1899 (Qld). What Does Restorative Justice Look Like? The police have the power to...
Family Report and Expert Evidence in Proceedings Expert evidence including a family report provides the Court with material from an independent viewpoint, which both assesses and highlights particular issues with each unique case. The most common form of expert evidence in family law proceedings is family reports, which are undertaken by psychologists to determine the children’s views, the party’s capacity regarding parental issues, and any emotional or psychological effects of previous family violence or abuse. The Family Report The family...
Important information and contact details about the Family Law Courts Brisbane The Family Law Courts Brisbane’ National Enquiry Centre (NEC) is the entry point for all telephone and email inquiries about Family Law Court matters in the Family Court of Australia and the Federal Circuit Court of Australia. [caption id="attachment_9140" align="aligncenter" width="529"] Harry Gibbs Commonwealth Law Courts Building[/caption] The NEC can assist with: Information about how to apply to the court Making urgent applications to the family law court Procedural...
What if your Spouse is Entitled to Your Lottery Winnings? At one point or another, everyone has thought about the possibility of winning the lottery. But what happens to the lottery winnings if you are currently in a marriage? In the case of Elford & Elford, the court heard an appeal in relation to property settlement at the end of a relationship. In this case, Mr. Elford has won approximately $622,000 in the first 12 months of the couple’s marriage....
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...
Before obtaining approval for a child passport, the Passport Office requires the child’s parent and/or any other person with parental responsibility to provide written consent for the passport being issued. Therefore, the easiest way to obtain a passport is to receive consent from the other parent. However, this will not always be possible. Child Passport on Special Circumstances In circumstances where the other parent refuses to provide written consent or does not show any inclination of supporting the allocation of...
Sentencing Factors When pleading guilty or being found guilty of an offence, the Judge is required to consider a range of factors when imposing a sentence. There are many different categories of sentences, including fines, community-based orders, probation or a term of imprisonment. When considering what sentence should be imposed, the Judge must have regard to several relevant principles including to: - Punish the offender; Assist the rehabilitation of the offender; Protect the community from the offender; Deter the offender...
Best Time For Divorce The promotion of the best time for divorce is intended to bring attention to the importance of minimising conflict between couples following the unfortunate breakdown of the relationship. Common in these situations, both parties will be subject to a wide range of difficult emotions; inevitably though, both parties will suffer. During these times of significant transition, children often find it difficult to cope with the vast number of events happening. Children may typically display and...
How To Be an Executor of a Will or Will Administrator of an Estate? When a person creates a Last Will and Testament, they are required to appoint a will executor or Will Administrator who acts to administer the person's estate upon their death. Although many ask: How To Be an Executor of a Will or Will Administrator of an Estate? A will executor or Will Administrator is responsible for ensuring that all outstanding debts and taxes are paid to...
Problems while Drafting A Will? Your last Will and Testament are perhaps the most important document you will ever sign. As the nature of this document is so important, it is necessary to ensure drafting a will is done correctly so any assets collected over your lifetime are properly accounted for. Assets such as superannuation, life insurance, and shares of jointly held assets (such as the family home) do not automatically fall into your estate when you pass away. Furthermore,...
Electronic Signatures in Australia In today’s society, most documents used in day-to-day business can now be filled out and signed electronically. The Electronic Transactions (Queensland) Act 2001 (ETA) is the legislation that governs the permitted use of electronic signatures. Although the ETA does not include a comprehensive definition of what constitutes an ‘electronic signature, this term usually encompasses images displaying the person's signature, typed name, or some other form of identification. The courts have previously held that a name, either...
Brisbane Family Lawyers - James Noble Law at Business South Bank interview Charles Noble (Brisbane Family Lawyers) at James Noble Law in Brisbane was interviewed at the Business Southbank Showcase 2018. One of the key differences between James Noble Law and many of our colleagues at other law firms is our attention toward technology. We offer our clients an easy way to keep up to date on their matters and communicate with our lawyers whenever the need arises. From...
The term lifestyle clause has grown in popularity over recent years. It’s something that is trending with first-time newlyweds; as well as those who have walked down the aisle before. So what is a lifestyle clause? It’s about locking in a variety of terms and conditions before the big day in an attempt to avoid misunderstandings and conflict of interest down the track. These clauses are often added as addendums in a prenuptial agreement and are in addition to things...
Recovery, Respect, and Hope Offered by Traditional Court Alternative by Brisbane Family Lawyer A successful initiative in the Brisbane Magistrates Court is assisting drug-addicted parents to get their lives back on track and resume their role in their children’s lives by Brisbane family lawyers. The Dandenong Drug Court, recently featured in television and print media, was introduced in response to the failure of the traditional criminal justice system to adequately address drug-associated offenses. Drug Courts are in operation in Victoria,...
What the statistics tell us about the likely success of the “marriages” in the hugely popular Married at First Sight television program. Married at First Sight purports to marry individuals “scientifically” matched by relationship experts, who meet for the first time at the altar. Most of us know that the wedding ceremonies occurring in front of the cameras are not legally binding, but the program’s focus on the institution of marriage raises interesting questions about the legalities of marriage as...
Recent parenting decisions are a stark reminder to parents to put the children first in parental disputes, with the Courts stressing a child’s right to have a meaningful relationship with both parents. The Family Court is taking a tough stance on mothers who deny or interfere with their children’s relationship with their fathers. FATHERS AWARDED PRIMARY CARE In a recent decision in the Brisbane Family Court, the Court ordered that 2 children should be removed from their mother’s care in...
Top 10 Matters to think about when separating Seek advice from your accountant or financial adviser on the financial consequences arising from a separation. Work out a budget for your essential living expenses, not only for yourself but your children. List all your expenses. Download a financial statement from the Family Court website which will give a good guide to the expenses which you should consider. Do you have enough income to pay for your expenses and those of your...
