Archives: Practices

What is Family Mediation? Family Mediation is a voluntary process. It can also be ordered by the Family Court when proceedings have been initiated in that Court. The parties can be represented by their legal advisers in this process. What is the mediator's role? The mediator’s role is to assist communication between the parties so that there can be open discussions to enable negotiations to take place and hopefully a settlement reached. The mediator’s role is to facilitate open communication...

Binding Child Support Agreement, Assessment & Laws Child Support Agreement: Child support is governed by the legislative instruments of the Child Support (Registration and Collection) Act 1988 and the Child Support (Assessment) Act 1989. Separating from a partner or spouse either through a divorce or the end of a de facto relationship is often the most difficult and emotional process a person can go through. This is especially true when young children are involved. The Commonwealth Child Support Laws are...

Surrogacy Laws Australia: The Surrogacy Act QLD 2010 became operative on 1 June 2010. This Surrogacy act regulates surrogacy agreements in Queensland and permits surrogacy arrangements, provided they are not for a commercial purpose. What is Surrogacy Arrangement? A surrogacy arrangement is an arrangement between a woman (‘the birth mother’) and another person(s) (‘intended parent(s)') whereby the woman agrees to become pregnant with the intention that the child born is to be treated as the child of the other person(s)....

What is an extended family in Australia? An Extended family is a type of familial relationship that is larger than the nuclear family. This type of familial relationship is typically made up of grandparents, aunts, uncles, and cousins. They usually live in the same house as one another and share a strong bond of love and affection with one another. However, not everyone in this type of family is directly related by blood or by marriage to one. Family relationships...

De Facto Relationship in Australia The De Facto Relationship in Australia Financial Matters and Other Measures Act came into effect on 1 March 2009. Prior to that, the rights of de facto relationships in Australian parties were governed by State legislation. The introduction of the new legislation to the Family Court, which is federal legislation, gave extra powers to the powers that de facto couples had under the State legislation. To bring an application in the Family Court, either party...

All about Separation and Divorce - Considerations, Procedures, legality [caption id="attachment_15958" align="alignright" width="350"] Separation and Divorce - Considerations, Procedures, legality[/caption] Separation and divorce can be very difficult and onerous times in both parties’ lives. Typically, the breakdown of a partnership or “separation” occurs when the relationship has been brought to an end by the action or conduct of one or both parties. What are the Family law Court considerations during separation? Although separation is not clearly defined under the legislation,...

All about Divorce Property Settlements, De facto Property Settlements, and Same-Sex Couple Property Settlement In Australia What is Property Settlement? [caption id="attachment_15978" align="alignright" width="350"] Divorce Property Settlements in Australia[/caption] Divorce Property Settlements issues like Financial issues arising from the breakdown in a relationship can be resolved at any time following the date of separation.  In family law, this is known as a “property settlement”. What is required to obtain a divorce in Australia? Divorce is dealt with in separate proceedings. The...

What is spousal maintenance? Spousal maintenance is often confused or likened to Child Support, however, these concepts are unique and very different from the other. Spousal maintenance, unlike Child Support, relates only to the support of your former partner. You may have a responsibility to financially support your ex-partner after separation or divorce. In Queensland, de facto partners may well have no right to maintenance if they separated before 01 March 2009. New legislation since this time means that this...

SHORT FORM ARBITRATION Short Form Arbitration or in other words engaging a very experienced Accredited Specialist Family Lawyer to make a determination for both parties to separate as to what they are entitled to following the breakdown of their relationship in the form of a written opinion. Avoid court altogether.  A cost-effective resolution delivered speedily. Instead of waiting years and going through a very expensive and stressful Court process, why not have a decision given to both parties to the relationship...

In the past, a same-sex couple’s relationship was not recognised in the eyes of Australian Family Law. They have traditionally faced discrimination in this regard which significantly affected their financial and parental rights, and the ability to enforce those rights at law. These views are now changing and although same-sex marriage is not yet recognised, changes to the commonwealth and states laws now give couples the same rights as married and defacto couples. In fact, the Family Law Act treats...

Collaborative Law in Australia Since its emergence in 1990, the collaborative practice has been a rapidly growing family law practice throughout America, Canada, Europe, England and now Australia. On 1 January 1990 Stuart Webb, a Family Lawyer in Minneapolis in the United States decided that he would henceforth represent his clients only pursuant to a binding agreement that neither he nor the lawyers for the other party would ever go to Court for their clients. His sole purpose was to...

What are the domestic violence QLD act, Australia, and family violence? Domestic violence QLD act and family violence are well explained in the various state and federal legislation.  The relevant Courts that deal with the protection of individuals and families subject to domestic violence are the state Magistrate Courts at first instance. How prevalent is the domestic violence QLD act? The Australian Domestic Violence Data Survey found that at least 1 in 3 women and 20 men has experienced violence from...

What is a Consent Order? Legally Binding Agreements, signed by both parties and describes about what happens to your child and property after your separation is known as Consent Orders. Due to the lengthy Court delays and the stress and cost associated with taking your family matter to Court, we are finding more and more clients coming to us with the consent orders and other agreements that they have come to through negotiating (or some other method) with their former...

Key Areas Surrounding Child Custody Obtaining the best outcomes for you and your children through our experience and skill. James Noble Law Brisbane employs Accredited Specialist Family Lawyer; James Noble. The best Family lawyers Brisbane has to offer to help you with your child custody problems. Separation and divorce can often be the most traumatic and difficult times for any adult. There is particular hardship with those couples with children. In these circumstances, the Family Law Court considers the best...

What is Arbitration Act Australia? Arbitration Act Australia is a Viable Alternative to Litigation. The process that is used to submit a dispute by a party and the agreement to one or more arbitrators who make a binding decision on the dispute. In the case of arbitration law or family law arbitration, the parties choose the process of settling personal disputes without going to court. I was in Court recently on the first Mention date of an application by the...

Wills and Estates Planning lawyers in Brisbane The lawyers at James Noble Law have been drafting and advising regarding succession, Wills and Estate Planning law for over 30 years.  We can help you with all of your wills and estate planning needs.  Our professional financial and accounting partners can help you plan for your future and for your families. Need assistance planning your Will? We have the legal and financial expertise to get you the fairest possible outcome. Remove hassle and...

Understanding Prenuptial Agreement Australia and Binding Financial Agreements Prenuptial Agreement Australia (otherwise known as Binding Financial Agreements “BFA”’s) can be drawn up prior to, during or after a relationship/marriage. BFA’s set out how all or any assets or liabilities will be divided in the event of a breakdown of your relationship. This means that the assets and liabilities in the parties’ possession at the time of entering into the agreement can be accounted for and so can any accumulated during...

Brisbane Town Agency Lawyers and Services James Noble Law is experienced by advocates in the Federal Circuit Court and Family Courts as well as the state Courts in Brisbane for a range of matters. Brisbane Family lawyers offer professional Brisbane town agency rates that are fixed so you know how much you will pay before you even make contact with us. See the schedule below for details. James Noble has 40 years of experience in the Courts and can take...