Bringing Family Law Matters Urgently As most couples who suffer a breakdown of the relationship or marriage want to sort out the matter as soon as possible, it is common for parties to try and bring proceedings as soon as possible, especially in situations involving children. However, before parties engage with the Court process, it is necessary for parties to attend mediation. Requirement of Mediation Before the Family Court will hear a matter, the parties must attend mediation and obtain...
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...
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...
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...
A Simple Way To Find the Best Family Lawyer Brisbane That Works For You. You can find the best family lawyer Brisbane at any time nowadays. Depending on how long a couple has been together, separating can be a lengthy, sometimes confusing, and often painful process. Then there are all the legalities involved in the situation. Find the best Family Lawyer Brisbane that gives the right advice. This is one of the times in life where you need to find...
Are you Getting Divorced? While we all want and need emotional support from those we are closest to when going through a marriage crisis and potential divorce, it’s not always wise to seek critical advice about what to do or how to handle the situation of getting divorced from the people we know. This is a very crucial time of life when emotions are running hot. If you tell your loved ones that your partner has up and left you,...
What Is Family Law Mediation All About? Family law mediation is becoming an increasingly more recognisable term when it comes to matters of family law Brisbane. But what exactly does mediation entail and do you even require it? How is mediation really going to help? Let's discuss this in more detail. Mediation is all about problem-solving and finding agreeable solutions when it comes to all matters pertaining to separation, divorce and child custody arrangements. [caption id="attachment_10599" align="aligncenter" width="642"] What Is...
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,...
No one enters a marriage thinking it’s going to end in divorce one day, but unfortunately, marriages do break down and people go their separate ways. In fact, statistics show that around 30% of all Australian marriages culminate in divorce. Without going into a committed relationship with a negative mindset or doom and gloom attitude, it’s wise to be prepared in case the romance doesn’t pan out. Those who are entering into a marriage or long-term relationship and already have...
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...
Do it for the kids. Separation and divorce are tough on everybody involved, and it can be even harder on children. While adults are often struggling to understand what went wrong, the kids often have no idea why their beloved parents are separating and no longer want to live together. Here we’ll look at a few tips to try and help your children through the process. Try and Maintain a Civil Relationship Some relationships end on mutual terms, and some...
Surrogacy act QLD: Are Surrogacy Arrangements Legal In Queensland? Prior to the 1st of June, 2010, the surrogacy act QLD was illegal. Since that date the laws have changed, leaving couples who can’t conceive free to source a willing surrogate mother to carry their child full term. However, there is one key condition. The surrogate mother cannot receive payment for performing the surrogacy service. This is known as the altruistic arrangements of the surrogacy act QLD. Where payment for services...
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...
Some Common Family law Misconceptions Family law covers a whole spectrum of situations and legalities, and everyone’s circumstance is a little different. While there are definite laws in place, there are variations on these laws depending on the particular situation they are being applied to. Because the area of family law is so vast, many people harbor some common misconceptions about how family law works, and in many cases believe certain outcomes are rigid when they’re not. Let’s take a...
When a relationship ends there is a lot of focus on the pain and strain of separation and divorce, as well as negotiating parenting plans, child visitation rights, and the division of property, assets, and liabilities. Of course, all of these things are extremely important, but what about the pets law? Who gets to keep the family’s beloved cat or dog? Many people these days think of their pets as furry little children. They are just as important as any...
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...
How to find the best Family Lawyer for you With so many law firms to choose from it can be a difficult process to choose just the right lawyer for your needs. In this post, we’ll note a few things to be mindful of when deciding on the best family law firm for you. Do They Specialise In Family Law? Some law firms are highly specialized, while others seem to try to cover virtually every possible aspect of the law....
Coping During Separation and Divorce There are not many moments we’ll encounter in life than can be more stressful and depressing than going through the breakdown of a romantic relationship. Throw the process of a divorce into the mix and things can become even more confusing and exasperating. Here are a few top tips to focus on when enduring this stressful period, helping you to cope better throughout the process. If You Have Children, Put Them First Separation and divorce...
Preparing For A Conciliation Conference? For a conciliation conference, you must exchange information with each other and provide information to the Court before the conference. So that you and your former partner make the best possible use of the conference, In a case about financial issues, each party must have exchanged copies of relevant financial documents with the other parties at least two days before the Case Assessment Conference. If the following documents were not exchanged prior to that conference,...
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,...