Tag: brisbane family lawyers

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...

Family court orders are binding Court orders are binding for all parties, regardless of whether it is on an interim or final basis. Despite this, breaches of court orders are still extremely common in family law. The important question is what can be done when dealing with breaches of orders? Ultimately, there are three options: Do nothing; File an application to vary or set aside the orders; File a contravention application to enforce the orders. When it comes to family...

Children with special needs may require a higher level of care from their parents and caregivers, depending on the nature of their disability. In circumstances where parents of children with special needs have separated, their parenting Orders should be tailored to suit the circumstances of their child’s medical, educational and therapeutic requirements.  The Family Law Act 1975 does not distinguish between the best interests of a neurotypical child and a special needs child, although these can be significantly different depending...

Australian Court System about Unvaccinated Despite the Coronavirus pandemic continuing to make waves across the country, it is not compulsory to be fully vaccinated against COVID-19. Presently it is up to an adult individual to make this decision for themselves or a parent to make this decision for their underage child. The right to make such a decision is typically referred to as “freedom of choice”.  At James Noble Law we support and respect everyone’s right to make the choice...

Children Vaccination Update in Australia In the midst of the global Coronavirus pandemic, the Australian Government recently announced that children aged 5 to 11 are now eligible to receive the Covid-19 vaccinations, should their parents wish for them to. But what happens if you and your former partner cannot agree on whether or not to vaccinate your child?  The Covid-19 vaccinations are administered in 2 doses, given 8 weeks apart. The time between the vaccinations can be reduced to 3...

What are Consent Orders?  A Consent Order is made by the Federal Circuit and Family Court of Australia formalising an agreement reached between parties after separation about parenting and/or property matters. A parenting order will only become legally binding if deemed to be in the best interests of the child.  As a legally binding Order, each person affected by the Order must follow it. A parenting order deals with a range of issues, including but not limited to:  Who the child will reside with;  How much time the child will spend with each parent;  Whether one or both parents...

Binding Financial Agreements & Will drafting essentials Will drafting is an important skill to possess as a junior solicitor. Unfortunately, you don’t always get the opportunity to refine your drafting skills in university which makes the leap into real-life practise particularly daunting.  The key question here is; what components are necessary to appropriately prepare wills as a junior solicitor?  After all, a negligence claim down the line could carry dire consequences for you and your principal, especially at the outset of your career.  Making a formal will  It is...

From 1 September 2021 the Federal Circuit Court and Family Court of Australia has implemented new Pre-Action Procedures that must be adhered to and followed prior to anyone commencing Court proceedings.  The aim of the Pre-Action Procedures are to give the matter a chance at resolving amicably before the pathway of litigation is commenced.  The new Pre-Action Procedures are set out in Schedule 1 of the Federal Circuit Court and Family Court Rules 2001 and include the following: Providing the...

In a recent Appeal of a decision of the Family Court of Australia, the Appellant Court reviewed orders between the parties in respect of their two children under Pt VII of the Family Law Act 1975. The orders made provision for the children to live with the mother and for her to have sole parental responsibility for them. Relevantly, however, the orders also made provision for the children to spend time and communicate with the father and required the parties to ensure the...

In parenting matters, the Court’s main focus is making orders that align with the children’s best interests as this remains the paramount consideration. But how does the Court determine what is in the best interests of the child? There is no hard and fast rule for this. Each case is decided depending on it’s own circumstances and there are a number of considerations the Court takes into account. These considerations are broken down into “primary” considerations and “additional” considerations. The...

Did you know that you need to have a mediation certificate before you can commence Court proceedings seeking parenting orders? [caption id="attachment_12266" align="alignright" width="374"] Mediating‌ ‌Parenting‌ ‌Matters[/caption] The mediation certificate is also known as a Section 60I Certificate and is issued by registered family dispute resolution providers in the following circumstances: To confirm both parties attended mediation and made a genuine effort to resolve the dispute;  To confirm both parties attended mediation but one party did not make a genuine...

On 1 September 2021 the Family Court of Australia merged with the Federal Circuit Court of Australia. The new Court referred to as the Federal Circuit and Family Court of Australia has a primary aim to finalise 90% of property or parenting matters by way of providing a final judgment and decision within 12 months of filing an Initiating Application.  For years, the Family and Federal Circuit Court’s have been overworked, understaffed, and plagued by constant delays and adjournments of...

Binding Child Support Agreement or Limited Child Support Agreement? When parents reach an agreement in relation to child support, there are two options available to formalise that agreement.  Those two options are: A Binding Child Support Agreement; and A Limited Child Support Agreement.  What is the Binding Child Support Agreement? A Binding Child Support Agreement is a contract between the parents which sets out the terms of the agreement they have reached in relation to the amount of child support...

What is Binding Financial Agreement? A Binding Financial Agreement is a private contract between two parties in which they are effectively finalising property settlement and spousal maintenance issues outside of the Court. Binding Financial Agreements can be entered into: Before marriage; During marriage; After divorce;  Before cohabitation; or During cohabitation. The benefit of entering into a Binding Financial Agreement The benefit of entering into a Binding Financial Agreement is that the Court will not review the terms of the agreement...

In parenting proceedings, parties are required to complete a Court form titled Notice of Child Abuse, Family Violence or Risk which discloses any allegations the parent may have against the other party which places children at risk.  If a party alleges there is a drug or substance abuse problem on behalf of a parent, then that parent may be required, via Court Orders, to undertake some form of drug testing. The drug testing can include urine samples and hair follicle...

Punishment For Breach of a Family Court Order [caption id="attachment_11982" align="alignright" width="300"] Punishment For Breach of a Family Court Order[/caption] In a recent decision of the Family Court, it was ordered that a mother serve an immediate term of imprisonment of 14 days and further that she be subject to a further term of imprisonment of 14 days which will be fully suspended. This arose because the mother had failed on numerous occasions to allow her child to spend time...

[caption id="attachment_11837" align="alignright" width="300"] mental capacity assessment[/caption] Britney Spears is making international headlines yet again, but this time there’s no new album being released or a shot gun Las Vegas wedding. Ms Spears actively continues to strongly oppose the conservatorship which granted her Father control over her finances, financial and personal decisions that has been in place since 2008. Ms Spears primary objection is that the conservatorship is no longer warranted and that it has become oppressive and used as...

It is very important that your Will is always current and up to date. Why? If the Coronavirus Pandemic has taught us anything, it’s that the future is unknown and preparation is key.  So, why should you update your Will? There are a number of reasons why this important task should be a priority for you. If anyone in your Will has died (i.e. Executor or Beneficiary), they should be removed. If your financial position has changed. If you have...

[caption id="attachment_11851" align="alignright" width="300"] Family Court jurisdiction support the child being vaccinated[/caption] Children Family Court Jurisdiction: In a recent decision in the Family Court found that it was very regrettably that the mother did not support the child being vaccinated.  The Court considered that her opposition to the child being vaccinated, as the child’s principal carer, would likely complicate the process and make it much more difficult for the child. The Court considered that in these circumstances it would be...

More Funding for the Family Court and Federal Circuit Court of Australia.  [caption id="attachment_11763" align="alignright" width="299"] Family Court of Australia[/caption] The recently announced 2021-2022 Budget has allocated $100 million over 4 years to the Family Court and Federal Circuit Court of Australia.  It is hoped that this increased funding will assist in reducing the significant delays associated with the Court, which were amplified during the COVID-19 pandemic. The funding will also assist in improving safety measures for litigants, children and...