Jamesnoble's blog

Is Drink Driving Only Applicable For Cars? Nope!
If you are caught drink driving, there is a strong chance the vehicle will either be a car or motorcycle. These two categories of transport form approximately 98% of the current drink driving charge in Queensland. However, these are not the only forms of transport you are able to be caught drink driving. Do you know the laws?

What is Binding Financial Agreements?
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:

1. Before marriage;
2. During marriage;
3. After divorce;
4. Before cohabitation; or
5. During cohabitation.

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 samples which can trace drug use back to a number of months.

Punishment For Breach of a Family Court Order

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 with the child’s father when there were orders in place for the child to be with the father. She had given an undertaking to the Court in the following terms:

Every day the number of children born via surrogacy arrangements in Australia and overseas is increasing significantly.

By definition, surrogacy is a form of assisted reproductive technology whereby a surrogate mother offers to carry a baby through pregnancy on behalf of another person or couple (who medically or socially are unable to carry a child of their own) and then relinquishes the baby to the intended parents after birth.

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.

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 counter-productive for the mother to accompany the father and the child to any medical appointments concerned with the vaccinations.

Bankruptcy Act 1996 and Family Law Act 1975 – AustLII and Divorce Loopholes
Under the bankruptcy act 1966 law, creditors are unable to claim against a person’s estate if that person has declared bankruptcy.

However, there are certain situations where the bankruptcy act 1966 can be orchestrated to appear this way, so as to purposely avoid paying debts.

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 their families and the overworked system in general.

Child support can be managed between the parties in a number of ways. Some parents prefer to and are able to have very flexible and informal arrangements between them. Others prefer that their arrangements are managed via the Child Support Agencies – and other parents formalise their arrangements via a Private Agreement.

A private Agreement determines how the expenses which may not necessarily be covered or considered sufficient under a child support assessment, completed through the Child Support Agency, would be paid by each parent.

Taking the first step