What is the joint parliamentary committee inquiry about?
The Prime Minister issued a media release on 17 September 2019 announcing the Government will undertake a Joint Parliamentary Committee of both the House and the Senate to conduct an inquiry into the Family Law system. The inquiry is to be led by Liberal MP Kevin Andrews. The inquiry was initially triggered by accusations that the court system as it currently stands is failing vulnerable Australians. One Nation Leader Pauline Hanson has been one of the leading names pressing for the inquiry, arguing that the family law system is too slow and expensive. The review aims to determine whether the current system adequately supports both the parents and children at the time of a relationship break down. After 12 months the inquiry intends to provide recommendations that will aid parents in resolving end of relationship issues in a simple, quick, and cost-effective manner. A previous review by the Australian Law Reform Commission in 2017 provided recommendations that included abandoning the current Family Court and allowing the states power to judge such cases. However, this proposal was widely discouraged as it did not serve the best interests of the families and would cause further delays in the system. Of the 60 recommendations released by this report, the government is yet to take any action. Who are some of the key people involved? Senator Hanson broke into tears at the announcement that the inquiry was to go ahead. Due to the inadequacy of previous inquiries Hanson has mentioned a desire to be co-chair of the committee alongside Liberal MP Kevin Andrews. Prime Minister Scott Morrison has been queried whether this inquiry was part of political negotiations as a means to secure future legislative reform support from Senator Hanson. Morrison has responded to such accusations with a strong testament that the inquiry is only about the children and parents and providing ways to help ease the turbulence of relationship break down. Are there any concerns about the inquiry about the family law system? The delays in the family law system can present detrimental concerns for those families suffering domestic violence. The delays cause increased costs and can create an incentive to settle for outcomes that may not be safe or satisfactory. As a result, there have been calls for action from family violence advocates who are irritated by the Government’s lack of action on recommendations from previous inquiries. The Chief executive of Women’s Legal Services Queensland, Angela Lynch, has voiced her concern for the safety of women and children in this system. Lynch told reporters in Canberra that between 50 and 85 percent of family law matters involve domestic violence and we are not able to wait another 12 months to take action. Lynch has proposed a need for specialized family violence courts to be established in order to adequately face these issues. Family law cases commonly surround issues such as child abuse, drug, and alcohol use, mental health, parenting capacity and neglect, and domestic violence. Perpetrators of such acts can often use tactics of denial in order to minimize or even shift blame. This further enhances the pressing need to take action. Additionally, inquiries themselves rely on the submissions they receive from a variety of people, including the public. However, due to the often sensitive nature of the family law victims of family violence and those working in the services that support them are not likely to come forward and make a submission. Therefore, it may not be producing a representative sample. It is hoped the outcome of the inquiry produces meaningful proposals to improve the way issues resulting from the breakdown of relationships can be dealt with. It is also hoped that such proposals are enacted by the powers that be. Time will tell. Help and Advice Is a Phone Call Away Contact the Brisbane Family lawyers team at James Noble Law today for a FREE, no-obligation 20-minute consultation. To schedule an appointment with one of our Qualified and experienced Family lawyers Brisbane. Find Brisbane family lawyers on Google Maps near you. You may also like to know more information about the
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The law in regard to Binding Financial Agreement in Brisbane is extensive and complex. The law is governed by the provisions in the Family Law Act 1975 (as amended). Similar provisions are provided in the Act for de-facto relationships.
Because it is a complex area of law it is a requirement (as detailed below) that the parties entering into a Binding Financial Agreement must consult a solicitor and obtain legal advice. The relevant law is detailed as follows: LEGISLATIVE PATHWAY 49. Section 71A(1) of the Act provides:- 71A(1) [Matters in financial agreements] This Part does not apply to: (a) financial matters to which a financial agreement that is binding on the parties to the agreement applies; or (b) financial resources to which a financial agreement that is binding on the parties to the agreement applies. 50. Accordingly, property and spousal maintenance orders pursuant to s 79 of the Act are not able to be made if the parties enter into a financial agreement that is binding. 51. The consequence is that the Court does not have power to make orders for settlement of property pursuant to s 79 of the Act. 52. Pursuant to the definition of financial agreement in s 4 of the Act, a financial agreement means: an agreement that is a financial agreement under section 90B, 90C or 90D, but does not include an ante-nuptial or post-nuptial settlement to which section 85A applies. 53. Pursuant to s 4 of the Act, financial matters means:- (a) in relation to the parties to a marriage – matters with respect to: (i) the maintenance of one of the parties; or (ii) the property of those parties or of either of them; or (iii) the maintenance of children of the marriage; or 54. Part VIIIA of the Act provides for the provisions in respect of financial agreements. 55. Section 90B of the Act relates to financial agreements before marriage and provides:- 90B(1) If: (a) people who are contemplating entering into a marriage with each other make a written agreement with respect to any of the matters mentioned in subsection (2); and (aa) at the time of the making of the agreement, the people are not the spouse parties to any other binding agreement (whether made under this section or section 90C or 90D) with respect to any of those matters; and (b) the agreement is expressed to be made under this section; the agreement is a financial agreement. The people may make the financial agreement with one or more other people. 90B(2) The matters referred to in paragraph (1)(a) are the following: (a) how, in the event of the breakdown of the marriage, all or any of the property or financial resources of either or both of the spouse parties at the time when the agreement is made, or at a later time and before divorce, is to be dealt with; (b) the maintenance of either of the spouse parties: (i) during the marriage; or (ii) after divorce; or (iii) both during the marriage and after divorce. 90B(3) A financial agreement made as mentioned in subsection (1) may also contain: (a) matters incidental or ancillary to those mentioned in subsection (2); and (b) other matters. 90B(4) … 56. Section 90G(1) of the Act provides for the circumstances when a financial agreement is binding. The present iteration of s 90G(1) provides:- 90G(1) [Requirements for binding agreement] Subject to subsection (1A), a financial agreement is binding on the parties to the agreement if, and only if: (a) the agreement is signed by all parties; and (b) before signing the agreement, each spouse party was provided with independent legal advice from a legal practitioner about the effect of the agreement on the rights of that party and about the advantages and disadvantages, at the time that the advice was provided, to that party of making the agreement; and (c) either before or after signing the agreement, each spouse party was provided with a signed statement by the legal practitioner stating that the advice referred to in paragraph (b) was provided to that party (whether or not the statement is annexed to the agreement); and (ca) a copy of the statement referred to in paragraph (c) that was provided to a spouse party is given to the other spouse party or to a legal practitioner for the other spouse party; and (d) the agreement has not been terminated and has not been set aside by a court. Note: For the manner in which the contents of a financial agreement may be proved, see section 48 of the Evidence Act 1995. 57. Whether a financial agreement is binding is to be considered pursuant to s 90G(1A) and (1B) of the Act which provides:- 90G(1A) [Binding nature of financial agreement] A financial agreement is binding on the parties to the agreement if: (a) the agreement is signed by all parties; and (b) one or more of paragraphs (1)(b), (c) and (ca) are not satisfied in relation to the agreement; and (c) a court is satisfied that it would be unjust and inequitable if the agreement were not binding on the spouse parties to the agreement (disregarding any changes in circumstances from the time the agreement was made); and (d) the court makes an order under subsection (1B) declaring that the agreement is binding on the parties to the agreement; and (e) the agreement has not been terminated and has not been set aside by a court. 90G(1B) [Declaration that financial agreement binding] For the purposes of paragraph (1A)(d), a court may make an order declaring that a financial agreement is binding on the parties to the agreement, upon application (the enforcement application) by a spouse party seeking to enforce the agreement. 59. Section 90G was inserted by Schedule 2 of the Family Law Amendment Act 2000 (Cth) and provided:- (1) A financial agreement is binding on the parties to the agreement if, and only if:- (a) the agreement is signed by both parties; and (b) the agreement contains, in relation to each party to the agreement, a statement to the effect that the party to whom the statement relates has been provided, before the agreement was signed by him or her, as certified in an annexure to the agreement, with independent legal advice from a legal practitioner as to the following matters: (i) the effect of the agreement on the rights of that party; (ii) whether or not, at the time when the advice was provided, it was to the advantage, financially or otherwise, of the party to make the agreement; (iii) whether or not, at that time, it was prudent for that party to make the agreement; (iv) whether or not, at that time and in the light of such circumstances as were, at that time, reasonably foreseeable, the provisions of the agreement were fair and reasonable; and (c) the annexure to the agreement contains a certificate signed by the person providing the independent legal advice stating that the advice was provided; and (d) the agreement has not been terminated and has not been set aside by a court; and (e) after the agreement is signed, the original agreement is given to one of the parties and a copy is given to the other. Note: For the manner in which the contents of a financial agreement may be provided, see s 48 of the Evidence Act 1995. (2) A court may make such orders for the enforcement of a financial agreement that is binding on the parties to the agreement as it thinks necessary. 60. The Federal Justice System Amendment (Efficiency Measures) Act (No. 1) 2009 (Cth) (“amending legislation”) introduced retrospective amendments with application to the provisions of the Act dealing with financial agreements, in particular s 90G. 61. The explanatory memorandum to the amending legislation in support of the amendments states as follows:- Schedule 5 to the Bill amends binding financial agreement and termination agreement provisions of the Family Law Act 1975 to relax certain technical requirements that must be strictly satisfied for financial agreements and termination agreements to be binding. These amendments will respond to the concerns about the binding financial agreement provisions of the Act that have arisen following the decision of the Full Family Court in Black v Black. The Family Law Council has confirmed that amendments are required to restore confidence in the binding nature of these agreements.[3] 62. Schedule 5 pt 1 item 8 of the amending legislation provides for the retrospective application of the amendments to financial agreements made on or after 27 December 2000. Subitems 8(6) and 8(7) provide as follows:- (6) For a financial agreement made before the commencement of this item, paragraphs 90G(1)(c) and (ca) of the Family Law Act 1975, as inserted by item 2 of this Schedule, do not apply. (7) For a financial agreement made before the commencement of this item, paragraph 90G(1A)(b) of the Family Law Act 1975, as inserted by item 4A of this Schedule, does not apply and the following paragraph 90G(1A)(b) of that Act is taken to have been inserted by that item and to apply instead; (b) paragraph (1)(b) is not satisfied in relation to the agreement; and … … 63. The amending legislation provides for further transitional provisions in item 8A applicable to agreements made on or after 14 January 2004 and before the commencement of the amending legislation on 4 January 2010. The following transitional provisions apply:-[4] (1) Subitems (2) and (3) apply in relation to a financial agreement made on or after 14 January 2004 and before the commencement of this item. (2) Paragraph 90G(1)(b) of the Family Law Act 1975, as in force during that period, is also taken to be satisfied in relation to a spouse in relation to the agreement if, before signing the agreement, the spouse party was provided with independent legal advice from a legal practitioner about: (a) the effect of the agreement on the rights of that party; and (b) whether or not, at the time when the advice was provided, it was to the advantage, financially or otherwise, of that party to make the agreement; and (c) whether or not, at that time, it was prudent for that party to make the agreement; and (d) whether or not, at that time and in the light of such circumstances as were, at that time, reasonably foreseeable, the provisions of the agreement were fair and reasonable. (3) Paragraph 90G(1)(c) of the Family Law Act 1975, as inserted by this Act, applies in relation to the agreement as if the reference in that paragraph to the advice referred to in paragraph (b) included a reference to the advice referred to in subitem (2) of this item. … 64. In Senior & Anderson [2011] FamCAFC 129; (2011) FLC 93-470 Murphy J considered the intended purpose of the amending legislation as follows at 85,730:- 178. It can be seen that, by Item 8(1), amendments made by the Amending Act apply in relation to “[all] financial agreements…made on or after 27 December 2000”. That retrospective application would, on its own, provide a foundation for numerous actions that would seek to “cure” non-compliance with the mandatory requirements of s 90G in respect of all financial agreements made pursuant to the Act. In order to prevent that occurring, the broad retrospective application provided for in Item 8(1) is qualified by the succeeding sub-parts. 65. His Honour then considered that the provisions of item 8A, by reference to the supplementary explanatory memorandum to the amending legislation, were to give effect to “similar purposes”:- 181. The Supplementary Explanatory Memorandum to the Federal Justice System Amendment (Efficiency Measures) Bill (No. 1) 2008 (Cth) circulated by the Attorney General provides: 22. The amendment inserts new item 8A into Part 1 of Schedule 5 to the Bill which will provide for additional circumstances in which a financial and termination agreement made on or after 14 January 2004 and before 66. at 85,732 [189] of the judgment:- “90G When financial agreements are binding (1) Subject to subsection (1A), a financial agreement is binding on the parties to the agreement if, and only if: (a) the agreement is signed by all parties; and (b) before signing the agreement, each spouse party was provided with independent legal advice from a legal practitioner about the effect of the agreement on the rights of that party and about the advantages and disadvantages, at the time that the advice was provided, to that party of making the agreement; OR before signing the agreement, the spouse party was provided with independent legal advice from a legal practitioner about:
| For more information, please visit the main article source - Binding Financial Agreements and Family law. | Need Legal Help? If you need help, please contact the Brisbane Family lawyer team at James Noble Law today for a FREE, no-obligation 20-minute consultation. To schedule an appointment with one of our Qualified and experienced and Family lawyers Brisbane. Find Brisbane family lawyers on Google Maps near you. You may also like to know more information about the
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:
While the legislation varies in the other Australian States, you can legally record a conversation with another person in Queensland, provided you are a party to the conversation. Pursuant to section 138 of the Evidence Act 1995 (Cth) (‘EA’), the Federal Circuit and Family Court of Australia (FCFCOA) has a broad discretion to exclude such recordings if obtained improperly or illegally. In deciding whether to exclude a recording, the FCFCOA must take into account the following:
FCFCOA position The Court is more likely to accept secret recordings as evidence in parenting matters or in matters involving domestic and violence family. There are several notable cases that deal with this issue:
Duty of disclosure In family law, the duty of disclosure extends to audio recordings. Therefore, you are required to disclose to the other party any audio recordings in your possession that are relevant to the proceedings, whether or not you intend to rely on such recordings as evidence. In light of the above, it may not always be in your best interests to use secret recordings. However, the usefulness of a recording may far outweigh the implications in circumstances where domestic or family violence has occurred and/or the children are at risk of harm. If you have any questions in relation to audio recordings and their probative value in family law proceedings, contact the team at James Noble Law for a free, no-obligation, confidential discussion. For more information, please visit our website: Secret Audio Recordings In Family Law It is a common assumption that parties have that you can not reach a financial settlement without being divorced and this is simply not true. For parties to reach a property settlement you and your spouse do not need to be divorced. Securing a divorce and obtaining a property settlement are considered two separate matters for example, a divorce is an Order which is made by the Court which terminates a parties marriage. A divorce Order is not inclusive of Orders which are concerning to the property of the parties and does not sever the financial ties of the relationship. A property settlement is entered into independently of a Divorce Application and does not need to coincide with a divorce. If a property settlement is reached prior to the parties divorce, settlement can be finalised by entering into Consent Orders. However, it is important to understand that if you and your spouse choose to apply for a divorce, and your divorce is granted, there is a time limitation of only 12 months from the date of your divorce to finalise a property settlement. Why it’s important not to delay a property settlement? The effects of a breakdown of a marriage are significant on the parties emotional wellbeing and it is usually in the interest of the parties for your property matters to be settled within a reasonable time after separating. Ideally, the parties should try and reach a property settlement within 12 months of separating. The longer parties delay addressing their property matter the harder it can become to reach an agreement. This is in part due to the changes in your asset pool which occurs over time. Under the Family Law Act the approach to property settlement is that all assets and liabilities of both parties (also referred to as the property pool/net matrimonial asset pool) are taken into consideration at the time the parties are seeking property ordersand not at the time of separation. It is extremely common that the value of assets post-separation varies and or additional property may be purchased by either or both parties. A new home which is purchased after separation, with post separation funds, and is in the sole name of one of the parties it would become a part of the combined property pool. Debt accumulated by one party post-separation is also taken into consideration and added to the parties property pool. To avoid property settlements become increasing complicated we recommend a parties property settlement being done as soon as possible. | For more information, please visit the main article source - Divorce and Property Settlement | Need Legal Help? To discuss the best approach to your property settlement and divorce please contact the team at James Noble Law for a free no-obligation 20-minute consultation today. Find Brisbane family lawyers on Google Maps near you. You may also like to know more information about the
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:
How do I place my child on the Family Law Watchlist? If you need to place your child on the Family Law Watchlist, the following processes must be complied with:
How do you confirm if your child is on the Family Law Watchlist? To establish whether your child has been placed on the Family Law Watchlist, a Family Law Watchlist Enquiry Form will need to be completed and emailed to the AFP. Certified identification also needs to be submitted with Form, such as a Drivers Licence or Passport. The AFP also recommends providing a copy of the application or order that places the child on the Family Law Watchlist. The results of the enquiry will be subject to section 121 of the Family Law Act 1975 (Cth), which creates obligations regarding non-distribution or publication of information related to family law proceedings. What are your obligations if your child is placed on the Family Law Watchlist? Parents with children on the Family Law Watchlist have a responsibility to:
For more information, please visit the main article source - Family law Watchlist Need Legal Help? If you require any assistance with making an application to place your child on the Family Law Watchlist, please contact the Brisbane Family lawyers team at James Noble Law today for a FREE, no-obligation 20-minute consultation. To schedule an appointment with one of our Qualified and experienced and Family lawyers Brisbane. Find Brisbane family lawyers on Google Maps near you. You may also like to know more information about the
Family law litigation can be incredibly stressful, time-consuming and expensive where there is a lack of communication or trust between the parties.
The usual procedure involves each party bearing their own legal costs. In some circumstances, the Court can make an Order that one party pay another party’s legal costs, but this is not standard and is never guaranteed. Costs Orders are usually made in limited circumstances where a party has deliberately breached Court Orders, failed to positively engage in the proceedings or attended the Court dates, and for bringing Applications with little prospects of success. Costs In Family Law Proceedings can be dependent on a number of factors such as:
The financial stress associated with family law litigation is a real consideration for parties. If a party does not have sufficient funds in their bank account to cover their legal fees and they are not eligible for Legal Aid. The following options may be worth considering:
If you are involved in family law litigation and are conscious of your costs, there are a number of things you can do to minimize the legal fees you pay. This includes the following:
contact the Brisbane family law team at James Noble Law today for a FREE 20-minute consultation no obligation. To schedule an appointment with one of our Qualified and experienced Affordable Family lawyers Brisbane. Find Brisbane family lawyers on Google Maps near you. You may also like to know more information about the
When an expert is appointed for The Single Expert ReportIn 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, on the application or on its own initiative, order that expert evidence be given by a single expert witness. Unless the parties agree otherwise or the Court otherwise orders, the parties are equally liable to pay a single expert witness’s reasonable fees and expenses incurred in preparing a report. Usually, one party will be happier with the valuation report compared to the other. If you are not satisfiedIf you are the party that is not satisfied with the valuation, there are several avenues to pursue that are set out in the Rules. Firstly, within 21 days after receiving the report of a single expert witness, parties may enter into a written agreement about conferring with the expert witness for the purpose of clarifying the report. The agreement may provide for the parties, or for one of the party’s, to confer with the expert witness. Secondly, a party may ask questions of the single expert witness within 7 days after a conference, or if no conference is held, within 21 days after the party received the single expert witness’s report. The questions can only be put once and cannot be vexatious or oppressive, and cannot take the expert an unreasonable amount of work to answer. A copy of any questions must be provided to the other party. The final option is to appoint another expert witness, known as a “shadow expert”. However, this can only be done with the Court’s permission. The recent 2022 Federal Circuit and Family Court of Australia decision Neales & Neales demonstrate the high threshold that parties are required to meet to be able to get leave from the Court to engage a shadow expert. In this decision, the parties jointly instructed a single expert to value the properties. The expert valued the properties at between $33.835 million and $34.190 million. The husband engaged another expert to comment on the initial valuation and provide his own valuation of the properties. The expert valued the properties at $22.465 million. The primary judge concluded that contrary to the submissions of the husband, there was not a substantial body of contrary opinion, but rather an alternate opinion. It was observed that to permit another expert just because of a divergence in value, even if substantial, was inconsistent with the purpose of the Rules. However, the Full Court found that the following arguments made by the husband satisfied as a special reason to permit another expert:
If you require any assistance with the single expert report, please contact the Brisbane Family lawyers team at James Noble Law today for a free 20-minute consultation. To schedule an appointment with one of our Qualified and experienced Family lawyers Brisbane. Need Legal Help? If you need help, please contact the Brisbane Family lawyers team at James Noble Law today for a FREE, no-obligation 20-minute consultation. Find Brisbane family lawyers on Google Maps near you. You may also like to know more information about 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;
How do you issue a subpoena? In family law matters, subpoenas are issued pursuant to rule 6.26 of the Family Law Rules 2021. Subpoenas must be filed at the Court registry where the matter is heard and cannot be e-filed on the Commonwealth Courts Portal. You should provide the Court with three copies: one for yourself, one for the recipient, and one for the Court. Once filed, the subpoena must be served on each other party, any interested person, and any independent children’s lawyer in the proceeding. Further information about forms, fees, and service of subpoenas can be found on the Federal Circuit and Family Court of Australia website. What happens if you are served with a subpoena? In most cases, subpoenas come as a surprise and recipients will be unlikely to know what to do. The first thing to know is that ignoring subpoenas may result in sanctions for contempt of court, including arrest. On the other hand, over-enthusiastically complying with subpoenas and delivering every document in your possession to the court is also an inappropriate response. An appropriate response is to carefully review the subpoena and understand the following:
A subpoena calling for a limited number of identifiable and uncontroversial documents that are in your possession and relevant to the proceedings should be complied with. The documents that you are required to produce will be listed in the schedule to the subpoena. The documents must be produced to the registry of the court by mail or in-person (or email if applicable), not the party who issued the subpoena, within the specified time frame. Can you object a subpoena? In Queensland, rule 414(8) of the Uniform Civil Procedure Rules 1999 provides that a subpoena can be objected to if there is a failure to identify documents with precision. However, it is unlikely that an objection on this basis could not be easily overcome by the issuing party amending the schedule to the subpoenas. If there is not a ‘legitimate forensic purpose’ (LFP) for the documents sought under the subpoena, the subpoena can be objected to and may be set aside by the Court. In family law property matters, the Court must conduct a retrospective and prospective examination of the parties’ financial and non-financial contributions to the relationship and their current and future financial needs and capacities. In parenting matters, the Court looks at the parties’ parenting capacities, with the best interests of the child as the paramount consideration. In this context, the threshold for what constitutes an LFP is much lower compared to other areas of law and there is often little hope of a successful objection to such subpoenas. Can you get an extension of time for production? In the event that you cannot produce the required documents within the stipulated time period, you should contact the issuing party and agree on a later date for production. The issuing party will then be required to attend court on the original production date and advise the Registrar of the newly agreed production date. Need Legal Help? If you are needing to issue a subpoena or have been served with a subpoena in a family law matter, please contact the Brisbane Family lawyers team at James Noble Law today for a FREE, no-obligation 20-minute consultation. To schedule an appointment with one of our Qualified and experienced Family lawyers Brisbane. Find Brisbane family lawyers on Google Maps near you.
James Noble Family Law – A Brisbane Law firm
Welcome to Brisbane’s newest law firm with more experience than just about any other. Accredited Specialist James Noble has been practicing in the Family Law field for about 40 years. What he doesn’t know about family law in Brisbane and Australia is not worth knowing. The James Noble Family Law name is changing to reflect the new direction the firm is taking in expanding its law services. Combined with the introduction of a well-experienced and respected lawyer to join James at the helm of the Family Law giant in Brisbane, things are on the up and up. With Family Lawyer, Charles Noble taking an interest in the firm a rebranding was always going to be on the cards and now it can be shown that James and Charles proudly work together to offer the best family law services for clients anywhere anytime. Building Solutions & Breaking Barriers with James Noble Family Law After a short stint combining forces with another firm James Noble Family Law saw the opportunity to grow and develop outside of their model, using technology to deliver services to clients thereby reducing client costs and giving the firm the ability to work from anywhere and have access for the clients at any time. James Noble Family Law was frustrated with the old-school charges for copying, printing, emailing, and “care and consideration” with the firm they were associated with. The charges to clients seemed to be getting higher and the charge-out rates of the lawyers were also increasing. Many of our clients were unhappy and that is not how James Noble Family Law has been perceived in the past and nor was we willing to go ahead on the same path. A client and outcome focus is our goal now (as it was before) and we do not charge clients any more than an hourly rate and any Court or outside fees that are out of our control. At Noble & Noble Lawyers what you see is what you get. Lower professional fees and all the experience in Family Law, Domestic Violence Law, Wills, Estate Law, and now Environmental Law give clients the best service for less. We pride ourselves on our availability, transparency, discretion, and dedication to serving our clients. Your expectations will be exceeded when you deal with Noble & Noble Lawyers. Beyond Results. We know that in many family law and other matters, emotion and personal aspects of your lives are something you may wish to keep “off the table” we understand this and pride ourselves as the most discrete family lawyers Brisbane has to offer. We have the ability for clients to meet with us at our main office at Level 10/95 N Quay, We can offer a personal touch when needed. Our new systems allow you to contact us anywhere throughout Australia, and even the world, with online video conferencing built into our new website. Of course, we can talk with you by phone from wherever you are also. We have developed paperless systems and are employing legal firm management software to streamline our systems and thus limit our reliance on support staff. Our running costs are now substantially less which flow on to you. With a network of the best Accredited Specialist lawyers to rely on in all areas of law as well as close associations with Accountants, Financial Planners, Psychologists / Psychiatrists, and other professionals. We can offer you a holistic approach to your legal problems. Welcome to the newest force for the best family lawyers in Brisbane servicing you with the highest quality legal services learned through our extensive experience. Exceeding expectations and delivering them with lower costs. The legal industry is changing, don’t be left behind with old-school charging practices and business models. It’s time to keep your money in your pocket but not in your lawyers. Contact us today. Noble Law for a free 20-minute consultation with one of our highly experienced family law solicitors today. Find Brisbane family lawyers on Google Maps near you. For more information, please visit our website: James Noble Family Law 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:
Subpoenas are filed with the Federal Circuit and Family Court of Australia (at a cost of $55) and there are strict requirements for the service of filed subpoenas on all parties involved in the proceedings as well as the subpoenaed third party (including proper methods of service, the payment of conduct money etc). So, when should a Subpoena be issued? For more information, please visit the main article source - Subpoenas in Family Law Matters To discuss whether it may be in your best interests to issue a Subpoena, please contact the Brisbane Family lawyer team at James Noble Law for a free, no-obligation 20-minute consultation with one of our experienced family law solicitors. Find Brisbane family lawyers on Google Maps near you. You may also like to know more information about the |
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