Rules for the Family Courts - too complicated.

A recent decision of the Full Court of the Family Court (Thompson & Berg [2014] FamCAFC 73 (2 May 2014), (the link to the case is here ) demonstrates the complexities of the two courts exercising federal jurisdiction under the Family Law Act.  The husband sought an injunction against the wife proceeding with her application on the grounds that the rules of the Family Court should be adhered to in the absence of their being the same rule in the Federal Circuit Court Rules.

The Family Court Rules provide for certain pre-action procedures where the expectation is that parties will try to resolve issues through dispute resolution (negotiation, mediation etc) prior to commencing proceedings. The Federal Circuit Court Rules do not require those strict pre-action procedures.  The outcome is that property settlement proceedings are commenced in the Federal Circuit Court without the requirement of the parties or their lawyers to attempt to resolve matters without the courts intervention.  Compulsory mediation is a requirement under the Family Law Act in relation to parenting issues so it applies to both Courts.

The answer to the question would be to have one set of rules governing both courts administration of the Family Law Act.  That would simply procedures for both the public and the legal profession.  Secondly, the Federal Government (now and previously) have a general policy to promote the resolution of disputes without resort to the courts as it provides self determination and a cost saving to the public purse.  There is need for review and change.

Contact us on 07 38043244 for help with Family Law matters and Mediation.

ABC Law Report on Social Science and Parenting Arrangements for young chlidren

A very interesting discussion was held on ABC concerning young children spending overnight with the non resident parent.

My only comment would be that where parents are able to work together, without conflict and in the absence of family violence, then it is more likely than not that overnight time will not be so difficult for the children to manage.  It really is a matter of a case by case analysis of the dynamics of particular family involved.  You can also go to the ABC webpage to read more by clicking here

Notary Public Services - When do you need a Notary?

What is a Notary?  Find an answer to that question either at Notary Services Qld or on our firm website Family Lawyers and Mediation Services.

Our notarial services include:  Attestation of documents and certification of their due execution for use in Australia and internationally for both companies and private individuals:  Witnessing affidavits, statutory declarations, powers of attorney, contracts, international Wills and other documents for use in Australia and internationally

• Certification of copy documents for use in Australia and internationally
• Certification of original documents for production overseas 
• Preparation and certification of powers of attorney, wills, deeds, contracts and other legal documents for use internationally
• Preparation of Life Certificates
• Acknowledgements for use in the USA
• Administering of oaths for use in Australia and internationally
• Exemplification of official documents for use internationally
• Preparation of ships' protests
• Noting and protesting of bills of exchange

So if you need documents to be witnessed or certified for use overseas you need a Notary Public.  Justices of the Peace, Commissioners for Declarations or solicitors cannot fulfill the function of a Notary Public.  Notary Publics in Queensland are Senior Solicitors and charge fees for their services.