Tag: brisbane family lawyers

Family Dispute Resolution The merger of the courts on 1 September 2021 brought with it a shift in how family law cases proceed, with a greater emphasis on dispute resolution both before and during a proceeding, and new rules to facilitate that shift.  See brochures: “Before you file – pre-action procedure for parenting cases” and “Before you file – pre-action procedure for financial cases” In both thee FCFCA and FCWA lawyers must assist their clients to comply with their duty...

What are the Principles under Section 114(1) of the Family Law Act in Australia? The principles to be applied in making an order for sole use and occupancy of the former matrimonial home pursuant to s 114(1) of the Act are to be understood in light of the observations about the general nature of the injunctive powers of this section of the Act. They may be summarised as follows: a) the Court may make such an order as it thinks proper; b) there...

Parenting Orders for Children with Special Needs In Part VII of the Family Law Act (1975), there are not specific distinctions for children without special or higher needs when determining what is in the best interests of said child. These are, however, important in determining Orders that will adhere to the child’s best interests. According to studies, parents of children with developmental disabilities are twice as likely to divorce than parents of children without such conditions (Bak & Dunn, 2022)....

AFFECTS ON PARENTING OF CHILDREN On 26 March 2020, the Chief Justice of the Family Court issued a Statement on Parenting Orders and the affects of COVID-19. The Chief Justice’s statement provided guidance on the listing of matters in the Family Court. It was issued for the purpose of guidance in legal cases and was not a legal principle. It included the following: Parents are naturally deeply concerned about the safety of their children and how the COVID-19 virus will...

Family Law Watchlist It is not uncommon for a parent to be concerned that their ex-partner is going to take the children abroad without permission. In these circumstances, an application can be made to place the children on the Family Law Watchlist. This prevents the children leaving the country without the permission of both parents or a Court Order to do so. Children may be placed on the Watchlist in the following circumstances: The Court has issued an Order limiting...

Understanding Spousal Maintenance and how it works? In property settlement matters some parties may be seeking that their partner makes a lump sum payment or for a particular period of time make ongoing payments by way of support.  It is important to understand that even if you do not have children with your former partner, you still may be required to pay to them a sum of monies (either in a lump sum or ongoing), which is known as “Spousal...

Critical Incident List The Federal Circuit Court and Family Court of Australia implemented a new Court process referred to as the ‘Critical Incident List’ as of Monday 6 June 2022 which was rolled out in all states and territories excluding Western Australia.  The Critical Incident List aims to expedite the Court process for vulnerable families that need to make urgent arrangements for children where no parent is available due to circumstances such as death (including homicide or suicide), critical injury...

Maintaining Child Support in Australia A Party in Australia may apply to vary an overseas maintenance order, agreement or liability registered in Australia. ‘a child support maintenance order made by a judicial authority of a reciprocating jurisdiction’ Matters to be taken into account in considering financial support necessary for the maintenance of a child. The relevant sections of the Family Law Act In considering the financial support necessary for the maintenance of a child, the court must take into account...

Child Impact Report vs Family Report – What’s the Difference? [caption id="attachment_16555" align="alignright" width="350"] Child Impact Report vs Family Report[/caption] If you are involved in a litigious parenting matter concerning the future care arrangements for your children, it is likely that you have heard the terms ‘Child Impact Report’ or ‘Family Report’.  Both documents constitute an independent expert opinion provided to the Court by a suitably qualified Child Court Expert, Psychologist, or Social worker, after a review of court documents...

What is coercive control in Queensland? The Queensland Government has announced that the State will introduce legislation to make coercive control a criminal offense by the end of 2023. The overhaul of laws and practices to better protect Queenslanders from domestic and family violence and hold perpetrators to account also includes: New programs to recognize and prevent coercive control; Commission of Inquiry into police responses to domestic and family violence; Expansion of the Domestic and Family Violence Courts; Better support...

Central Practice Direction The Federal Circuit Court of Australia and Family Court of Australia officially merged to form the Federal Circuit and Family Court of Australia (‘FCFCOA’) on 1 September 2021. The FCFCOA subsequently published the Central Practice Direction to detail the new case management pathway. As a practitioner or litigant in family law matters understanding the major structural changes to the system is imperative. Purpose of the Central Practice Direction The purposes of the Central Practice Direction are to...

For a Successful Mediation  Mediation is a form of Alternative Dispute Resolution (ADR) where parties can negotiate the property and or parenting terms of their separation outside of the Court.  Mediation can be cost-effective, efficient, flexible, and is a viable alternative to Court proceedings.  Attending the Mediation  The mediator prior to the mediation is selected by either or both of the parties and is a qualified, independent, and impartial third party.  The parties which are in dispute must attend the...

What is a Subpoena? A ‘subpoena’ is a legal document issued by the Court at the request of a party. A subpoena compels a person to produce documents and/or give evidence at a hearing or trial. There are three types of subpoenas: Subpoena for production of documents; Subpoena to give evidence; and  Subpoena for production of documents and to give evidence. Documents or evidence produced under subpoena is protected by the principle of ‘implied undertaking’ (or legal promise) founded in...

Domestic and Family Violence Turns Deadly Recently the Brisbane suburb of Logan mourned the death of Father and Nurse/Care Manager Stanley Obi aged 33 who died at the hands of his ex-partner and mother to his children, Sarah Mudge aged 31. Ms. Mudge is reported to have broken into Mr. Obi’s home, doused him and his girlfriend in petrol, and then set the house alight. Fortunately, the 3 children managed to escape the burning house but sadly both Mr. Obi...

Binding Financial Agreements in De facto relationships If you are in a de facto relationship and cohabitating with your partner, entering into Binding Financial Agreements is the only protection you can have ahead of time to safeguard the assets you “walked” into the relationship with. This is particularly important if there is a large difference between your financial position and your partner’s financial position.  A Binding Financial Agreement during a de facto relationship, therefore, sets out how the property pool...

Subpoenas in Family Law Matters It is common in family law proceedings for Subpoenas to be issued to third parties seeking information that is relevant to the proceedings. Such information is considered to be independent and can be very useful in proving or substantiating a parties claim.  In the case of property settlements, subpoenas may be required to be issued to a bank or accountant for documents relevant to the dispute, perhaps if it is suspected that a party is...

Over the past few years, criminal law and family violence have increasingly interconnected with family law and child protection matters.   At times family law matters, especially when involving children, can often reveal the complexities within a family, and therefore it is not uncommon for these complexities to also include some criminal elements which in family law can also be considered family violence.  It is important to understand that this does not necessarily mean that the criminal elements/family violence are due...

Binding Financial Agreement to be legally binding There are certain requirements that must be adhered to for a Binding Financial Agreement to be legally binding. If these requirements are not adhered to, the Agreement may not be upheld in the future if challenged. Here are some things to consider: Did you receive adequate legal advice? In the decision of Hoult & Hoult [2013] FamCAFC 109, the parties entered into a Financial Agreement before they were married. The Judge ruled that...

Dangers of Social Media [caption id="attachment_16605" align="alignright" width="350"] Dangers of Social Media[/caption] The rise of social media is impacting various areas of law, particularly family law proceedings. While sharing a social media post may seem harmless, a recent Family Law Review found that 81% of cases accepted social media evidence. There is no denying that an impulsive post can seriously affect the outcome of your matter. The dangers of social media in the context of family law proceedings cannot be...

Priority Property Pool As a way of reducing lengthy delays, the Federal Circuit Court and Family Court of Australia developed the Priority Property Pool 500 List ( PPP500 ). This list deals with matters where the property pool is less than $500,000. The aim of the PPP500 pilot is to improve the responsiveness of the family court system and minimize risk and legal costs for vulnerable parties. At James Noble Law, we have achieved just, efficient and timely resolutions using...