James Noble

James Noble
Member since Oct 30, 2021
What are Subpoenas in Family Law Matters?

by James Noble on May 9, 2022

Time Management

184 Views

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 hiding an asset or not disclosing their true financial position or all financial documents that are required.  In parenting matters, subpoenas for school records and medical records are common as independent evidence from third parties (such as school staff or General Practitioners) is often held in high regard by the Court. There are 3 types of subpoenas, being: Subpoena for the production of documents (which is the most common subpoena); Subpoena for a person to attend Court for the purpose of ... Continue reading →

Criminal Behaviours within Family Law Matters

by James Noble on Apr 25, 2022

Time Management

220 Views

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 to the parties (the parents) directly it can also be from someone close to them such as a maternal or paternal grandparent.   Understanding what is considered Criminal Elements/Family Violence  Understanding what is considered criminal elements or family violence is extremely important for families.  For instance, in family law family violence is not an argument that occurs occasionally, it is a ... Continue reading →

Is your binding financial agreement legally binding?

by James Noble on Apr 20, 2022

Auctions

203 Views

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 FamCAFC 109, the parties entered into a Financial Agreement before they were married. The Judge ruled that the Agreement was not binding because the signed certificate of legal advice did not prove that the wife had received adequate advice, and the wife’s solicitor had not provided a written letter of advice, nor kept a written record of the advice which was given to the wife. Did you disclose all your assets prior to entering the Agreement? In Adame & Adame FCCA 42, the Agreement was not upheld on the basis the husband failed to disclose his real estate in the United States ... Continue reading →

The Dangers of Social Media in Family Law Disputes

by James Noble on Apr 12, 2022

Auctions

200 Views

Dangers of Social Media 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. What Type of Social Media Evidence is Used? Family law matters may use the following types of social media evidence: Posts that are derogatory to the other party; Posts that evidence explicit behavior, such as using drugs or drinking excessively; Posts or screenshots of private messages which are relevant to the assertion that family violence has occurred;  Posts on holidays or purchasing expensive items, proving the actual financial position of the party; and Posts or screenshots of private messages suggesting the party has contravened a court order. So, how might this apply to a real-life example? In Reiby ... Continue reading →

Navigating the Court System Unvaccinated

by James Noble on Mar 15, 2022

Celebrities

231 Views

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 whether to vaccinate or not, for themselves and their family. In circumstances where clients choose not to vaccinate, we are able to offer our clients individualized appointments via a number of electronic means including Microsoft Teams, Zoom, or telephone assuring you that your family law matter will be dealt with in a timely and cost-effective manner.  Special Measures Information Notice – COVID-19 Hearing Protocol  At present, the Federal ... Continue reading →

Vaccine or no Vaccine?

by James Noble on Jan 19, 2022

Finance

258 Views

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 weeks if special circumstances permit. The purpose of the Covid-19 vaccinations are to reduce the severity of the illness if contracted. They cannot prevent the illness and some side effects can be experienced from the vaccination itself.  Parental Responsibility on Children Vaccination Vaccinations can be a topical parenting issue for a number of reasons. Under the Family Law Act 1975 (Commonwealth) making serious decisions about a child’s health falls ... Continue reading →

How Effective Are Mutual Wills? What Are They For?

by James Noble on Jan 4, 2022

Internet Marketing

213 Views

What is a Mutual Wills?  Mutual wills are considered a ‘legally binding contract’ between two people that are drafted in terms agreed upon by both parties and cannot be revoked or amended by either party without the agreement of the other. This means that following the death of the first party, the wills are irrevocable and changes can never be made by the surviving party (unless otherwise provided for).  Most commonly, mutual wills are used in circumstances where parties have remarried with children from a former marriage. This is because mutual wills require parties to agree on the beneficiaries, and a surviving spouse cannot disinherit their step-children. In saying this, mutual wills may be made between any two people wishing to combine their estate plan.  What are the advantages of Mutual Wills?  The surviving spouse is free to deal with the assets of their deceased spouse.  ... Continue reading →

Binding Financial Agreements & Will Drafting Essentials You Really Should Know About

by James Noble on Dec 13, 2021

Finance

324 Views

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 imperative that solicitors aim to draft a formal will. A formal will comprises the following:  The will is in writing;  The will is signed by the testator/testatrix;  The will is witnessed by two individuals;  All witnesses are present when the testator/testatrix signs the will;  The witnesses ... Continue reading →

Withholding children from the other parent in Australia

by James Noble on Dec 7, 2021

Finance

268 Views

Withholding a child from another parent Following a family breakdown, emotions are high and stress levels can be extreme. In these circumstances, separated parents don’t always make the best decisions as they navigate this new unknown territory. Unfortunately, the children can sometimes get caught up in this parental conflict, which can be to their detriment. A parent may knowingly or unknowingly take out their anger, frustration, and resentment on the other parent by unilaterally withholding the children and failing to facilitate the relationship between the children and the other parent. In the Australian media, this is typically portrayed as Mothers withholding children from Fathers.    You might recall the 2012 case of the 4 sisters aged between 9 and 15 years who were caught up in a serious international custody dispute between their parents in the Family Court of Australia at Brisbane. This case involved an Italian Father and an Australian Mother ... Continue reading →

Unacceptable risk: Appeal against parenting orders & Allegations of sexual abuse

by James Noble on Nov 23, 2021

Finance

254 Views

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 children’s consultation with a psychologist appointed by the Independent Children’s Lawyer.  Appeal against parenting orders The orders which require the children to spend time and communicate with the father were intended to resolve those issues until that discrete aspect of the parties’ dispute was given further consideration about six months ahead. While the orders did not therefore finally determine those issues, it is clear from the reasons for ... Continue reading →

Are you at risk of family violence?

by James Noble on Nov 16, 2021

Finance

283 Views

Unfortunately, statistics are on the rise for family violence in contemporary Australian society, with studies determining that individuals are most at risk at the time of or shortly following separation. Usually this is as a result of increased stress, financial pressure and uncertainty surrounding the family breakdown. The uncertainty of parenting arrangements yet to be determined and property settlements that are not yet resolved can cause heightened emotions.  Family violence in Australia can take on many forms. Commonly it includes behaviour perpetrated by an individual that is threatening, aggressive or coercive. It can include both physical and mental abuse which causes a person to become fearful of the perpetrator and fearful of their safety. Family violence can also be directly inflicted on an ... Continue reading →

What Are Considered The Best Interests of the Child?

by James Noble on Nov 8, 2021

Finance

258 Views

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 primary considerations include the benefit to the children of having a meaningful relationship with both their parents and the need to protect the children from physical or emotional harm. The additional considerations include matters such as: The children’s views and wishes (depending on their age and maturity level); Significant others in the children’s lives (such as grandparents); The effect on the children; ... Continue reading →

Mediating Parenting Matters & S60I Certificates

by James Noble on Nov 4, 2021

Finance

256 Views

Did you know that you need to have a mediation certificate before you can commence Court proceedings seeking parenting orders? Mediating‌ ‌Parenting‌ ‌Matters 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 effort to resolve the dispute;  The practitioner decided that the matter was not appropriate for mediation; and To confirm one party refused to attend mediation.  It is a Court requirement that parties attend or attempt to attend mediation before filing in the Federal Circuit Family Court of Australia. This is because mediations or forms of alternate dispute resolution can be highly effective at resolving issues in dispute between ... Continue reading →

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