Category: Law

Are you thinking about doing getting a DIY Will Kit? DIY will Kit: The letters “DIY” seem to apply to just about everything these days, and one area of 'do it yourself that is growing in popularity is the DIY will kit. It’s advisable that we all have some type of will (no matter what), and with the internet making everything so accessible in the modern world, DIY will kit seems to be all the rage. Is a DIY Will...

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...

Divorce property settlement examples Hang on.  If you are in a relationship, does your partner have an interest? Unfortunately, the winning may not all be yours.  How would be the Family Court view on "Divorce property settlement examples" for a gold lotto prize?   A windfall can either be a sizable inheritance or a lotto win. In the eyes of the Family Court, an inheritance is treated differently to a lotto win. The Family Court has great difficulty in distinguishing...

Family Law Act amendments from Federal Government The Family Law Act amendments occurred in 2002 to deal with superannuation. It gave power to the Court to deal with superannuation entitlements.   The amendments allowed the Court to transfer entitlements in the fund of one of the parties to the other.  The person receiving the benefit of the entitlement in the other party’s fund would keep that entitlement in the fund or roll the entitlement out into a fund of that party’s...

If the marriage separation process does occur. What should you do? A marriage separation process has three elements; Either party or both intend to end the relationship; Either party indicates that intention to the other party and; One of the parties or both parties act upon that intention to end the relationship and lead separate lives There are important things that you should consider if marriage separation is inevitable. If there are difficulties in your relationship look for a solution....

Spousal maintenance Similar to child maintenance applications, a party can apply for spousal maintenance in the Court seeking financial support until all issues in the Court have been resolved. A spousal maintenance application can be made in its own right. It is not necessary to seek other financial relief from the other party. The Courts consider the income levels of both parties and the expenditure of each party for their day-to-day living and other expenses. If a person does not...

How Do You Respond To A Legal Letter? If you have ever had a person serve you Court documents at your home or in public or you have ever had a legal letter sent to you out of the blue you know it can be an unnerving experience. Very often it catches you by surprise and elicits feelings of surprise, anger, disbelief, and often leads to a stressful time ahead. How do you respond to a legal letter? How To...

Understanding Shared Parental Responsibility Shared parental responsibility is governed by the Family Law Act, which determines where children should live and how much time they should spend with each parent or other significant adults in their lives. This law, implemented in 2006, emphasises the need for both parents to consult and agree on major decisions affecting their children. Key Principles of the Legislation The legislation in Queensland outlines that: Parenting is a Shared Responsibility: The law generally requires parents to...

Understanding; Why should I get a top family lawyer? I wanted to write to you in the summary of the past 6 months, in the hope that it entertains and inspires other clients of yours. Please feel free to post this on your blog or social media channels. I am a 41-year-old male and proud father of one amazing little boy. I am now living with my new partner – happily ever after! Life has just started to settle down...

James Noble Family Law - A Brisbane Law firm Welcome to Brisbane law firm with more experience than just about any other. Accredited Specialist James Noble has been practicing in the Family Law field for about 40 years.  What he doesn’t know about family law in Brisbane and Australia is not worth knowing. The James Noble Family Law name is changing to reflect the new direction the firm is taking in expanding its law services. Combined with the introduction of...