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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:

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.

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.

Environmental Law in Australia: James Noble Law is pleased to announce that we will be offering Environmental Law Services in the near future. We will be able to advise on a range of small development and business compliance issues through to the largest of issues in conjunction with our Environmental Law partners.

James Noble Law and its partner professionals are launching the Sustainability section of Environmental Law in Australia.

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.

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.

Did you know that you need to have a mediation certificate before you can commence Court proceedings seeking parenting orders?

Parenting‌ ‌Matters
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:

The adoption process in Queensland is managed by the government organisation Adoption Services Queensland.

adoption QueenslandA child’s Stepparent (being either married or in a de facto relationship with the parent of the child) can make an application to adopt the child if they can satisfy the below criteria:

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.

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.