Tag: Family Law Matters

QCAT has jurisdiction over a wide range of small claims disputes, including matters related to debts, goods and services, residential tenancy disputes, and minor civil dispute involving amounts up to a certain monetary limit of around $25,000. QCAT can hear some family law matters related to: [caption id="attachment_17884" align="alignright" width="350"] QCAT Proceedings[/caption] Guardianship and administration: This includes matters related to decision-making for adults who lack capacity, such as appointing guardians or administrators. Child protection: QCAT can deal with matters related to...

Family law matters are often emotionally charged and complex, requiring careful consideration and professional guidance to navigate successfully. In Far North Queensland, specifically in Cairns, there are various legal services available to assist individuals and families facing challenges in areas such as divorce, child custody/living arrangements, and property settlement. This blog aims to shed light on the diverse range of family law services in Cairns, empowering residents to make informed decisions during difficult times. Divorce and Separation [caption id="attachment_17879" align="alignright"...

When faced with family law matters, finding the right lawyer is crucial to navigating the complexities of the legal system and securing the best possible outcome for your family. In Brisbane, Queensland, selecting the right family lawyer requires careful consideration. Here are some tips to help you make an informed decision: Specialisation in Family Law [caption id="attachment_17705" align="alignright" width="350"] Right Family Lawyer[/caption] Look for a lawyer who specialises exclusively in family law. This ensures they have a deep understanding of...

[caption id="attachment_17656" align="alignright" width="300"] Family Law Cases[/caption] In today's digital age, social media has become an integral part of our lives. While it is a powerful tool for communication and self-expression, it can also have unintended consequences, especially in the realm of family law. In this blog, we will explore the intersection of  Family Law Cases and social media, and discuss what individuals should be careful to post to protect their interests and well-being. The Impact of Social Media on...

Nestled in the tropical paradise of Queensland, Cairns is a vibrant city that boasts not only breathtaking natural beauty but also a dynamic legal environment. In this tropical haven, legal services play a pivotal role in ensuring that justice is served to its residents. One crucial aspect of this legal landscape is town agency lawyer services. This blog will delve into the role of our town agency lawyers in Cairns, especially their involvement in matters that may require appearances at...

Mediation is an alternative dispute resolution process whereby an experienced practitioner, former judge or barrister assistsparties to negotiate reachinga satisfactory outcome. Unlike litigation, the outcome of the mediation session is shaped by the parties’ expectations and positions, rather than rest in the hands of a judge or registrar. Mediation is a confidential process unless the mediator reasonably believes that disclosure is necessary to protect a child or person from the risk of harm, amongst other exemptions.- Family Law Mediatio What...

As we move into the new year, it is the perfect time to reflect on our personal goals and priorities, and that includes ensuring our legal affairs are in order. One crucial aspect often overlooked is the review and update of family law documents. Whether it is a Will, Power of Attorney, or healthcare directive, these documents play a pivotal role in safeguarding your family's future. Your Will [caption id="attachment_17548" align="alignright" width="300"] Family Law Documents[/caption] A January legal checkup can...

Changes in Family Law Affecting Cairns Residents Family law is a dynamic and ever-evolving field, with regular changes and updates that can significantly impact individuals and families. Cairns, a beautiful city in Queensland, Australia, is no exception to these changes. Recent developments in family law have brought about several important modifications that Cairns’ residents should be aware of. In this blog, we will explore some of the key changes in family law that affect Cairns residents and how these changes...

Breaches of Financial Court Orders and Enforcement [caption id="attachment_14773" align="alignright" width="350"] Breaches of Financial Court Orders and Enforcement[/caption] Breaches of Financial Court Orders are common, though not ideal in Family Law matters, especially for property matters where large sums of money are to be paid and transfer of property is to be arranged. In general, financial orders require payment of a sum of money or the transfer of property/chattels. When a party refuses or fails to pay the sum or...

Consent Orders in Family Law Matters - Australia According to the information provided by Adam Cooper in a paper he has delivered.  Consent orders are a very useful means of obtaining orders from the Family Court in regard to property and children's matters. Consent orders carry many advantages, including the exemption in property matters for roll-over stamp duty and capital gains tax. Being an economical and less invasive means of resolution, an ability to divide superannuation interests between the parties,...

Can you use secret audio recordings in family law? As technology continues to evolve, it is becoming more common for clients to ask whether they can use secret audio recordings in their family law matters. Before you consider recording your conversation with the other party, there are several important factors that you need to consider, including: Whether the recording is legal to make in Queensland; Whether a Court will allow the recording to be used as evidence; and  Whether you...

Independent Children’s Lawyer (ICL) So your parenting matter is in Court and the Judge has made an Order for an Independent Children’s Lawyer to be appointed in your matter. What is an Independent Children’s Lawyer (ICL) and why has this Order been made? Independent Children’s Lawyers, more commonly referred to as ICL’s are independent separate legal representatives who act on behalf of the child or children who are the subject of the Court proceedings and ensure the best interests of...

When an expert is appointed for The Single Expert Report In family law matters, parties often cannot agree on the value of assets such as real property or businesses during their property settlement. In these circumstances, the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 require the parties to obtain an independent expert report to determine the value. Pursuant to the Rules, the parties may agree to jointly appoint a single expert witness, or the Court may,...

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...

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...

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...

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...

Covid-19 and Family Court of Australia With Melbourne currently in the midst of yet another lockdown as a result of the recent spread of Coronavirus, it’s important to know that the Courts remain up and running throughout this period.  Did you know that there is a special dedicated COVID-19 Court List within the Family Court of Australia and the Federal Circuit Court of Australia? The COVID-19 List operates to deal exclusively with urgent family law matters that have arisen as...

There are two (2) very important Statutory Time Limits in property settlements that are critical for family law matters which clients should be aware of. These are summarised below: [caption id="attachment_11527" align="alignright" width="305"] Statutory Time Limits in Property Settlements Australia[/caption] After a Divorce Order has been granted, parties have twelve (12) months from the date of the Divorce Order to commence Court proceedings seeking Orders for property settlement and/or spousal maintenance.  Following the breakdown of a de facto relationship, parties have...

Merging of the federal circuit court of Australia On 30 May 2018, the Government proposed to restructure the existing structure of the Federal Circuit Court of Australia. This will have the effect of merging the Federal Circuit and Family Court of Australia (FCFCA) as of 1 January 2019. Resulting from this merge, a new Family Law Appeal Division will be created to specifically hear appeals from family matters of the new court structure. The new structure intends to create a...