Category: Law

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...

Contesting A Deceased Estate If you believe that a deceased friend or family member’s Will does not reflect their last wishes or are concerned with the circumstances and nature of an updated will, you may challenge the validity of the Will. This situation commonly arises where the deceased friend or family member may not have been in the right state of mind to understand what they were doing, or if a fellow family member has manipulated the person's wishes. To...

Law of "Sperm donation Brisbane", Parental Responsibilities and Legislation Although Sperm donation Brisbane has historically been subject to anonymity in Australia, recent legislative reform and case law suggest a definitive movement towards inclusion within Family Law and Parental Responsibility. In all states and territories of Australia, donating sperm anonymously is now banned through legislation or mandatory guidelines. Whilst cases involving sperm donors are quite infrequent, the importance to both the Child Support Assessment Act and the Family Law Act is...

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 Does Structural Reform of the Federal Court Mean To You? On 30 May 2018, the Government proposed to establish the new Federal Circuit and Family Court of Australia (FCFCA), amalgamating the two courts together under a new regime. In addition to this proposed structure, a new Family Law Appeal Division will be created to hear appeals from the FCFCA regarding family law matters. The implementation of the new structure commenced operation on 1 January 2019. There will now be...

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...

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...

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...

James Noble Law - The James Noble Family Law near Brisbane James Noble Law will look for alternate resolutions to resolve family disputes to ease the emotional issues and to minimise financial costs. We will examine alternative dispute resolutions that may provide a more suitable resolution including negotiation, collaboration and mediation. All of our solicitors are admitted to practice in the Family Court of Australia, Federal Circuit Court of Australia and Supreme Court of Queensland. Our professional staff regularly conduct...

For a will to be valid and binding in Australia, the testator (the person making the Will) must have testamentary capacity at the time the Will was created. Testamentary capacity occurs when the testator is of sound mind and must understand:  The nature and effect of the Will; What encompasses the estate; The claims others might have upon their estate. To provide a practical example any individual with advanced dementia, amnesia or severe mental disability will unlikely have the requisite...

Best Time For Divorce The promotion of the best time for divorce is intended to bring attention to the importance of minimizing 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...

Breaching Domestic Violence Order? What to do? What is a Domestic Violence Order (DVO)? Domestic Violence Order (‘DVO’), also known as “protection” or “restraining” orders are made by the court to prevent domestic violence against the person bringing the application (“the aggrieved”). The imposition of a Domestic Violence Orders will generally impose certain conditions against the person committing the violence (“the respondent”) and prevent any further violence from occurring. Both conditions and the DVO itself are very serious, and any...