Mcphee Lawyers

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Domestic Violence: A Practical Guide to Protection Orders

by Reports and articles about domestic violence have dominated our newsfeeds of late.  We know that hitting or physically hurting someone is not acceptable. But is domestic violence limited to physical abuse? The answer is no. Domestic violence is defined in section 8 of the Domestic and Family Violence Protection Act 2012 (Qld).  It can take many forms.  It is behavior
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Considering Arbitration?

by Delays in the Family Court and in the Federal Circuit Court are at an all-time high. With insufficient numbers on the Bench and overwhelming workloads for Judges in both Courts, it is becoming increasingly common for matters to be in the system for up to 3 years before judgment issues. I have attempted to answer some of the questions put
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News Flash: Variation to foreign residence CGT withholding tax

by On 15 July 2016, I wrote a blog on the then new 10% CGT withholding tax which came into effect on 1 July 2016 by virtue of the Tax Superannuation Laws Amendment (2015) Measures (No. 6) Act 2016. The Act intended to assist the Australian Taxation Office (ATO) in the collection of foreign investors’ Australian tax liabilities arising from the
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The hidden cost of representing yourself in family law matters

by It is common at the Family Law Court and the Federal Circuit Court for at least one party to be a self-represented litigant (“SRL”). Litigants may choose to represent themselves for a range of reasons including: They cannot afford legal representation and do not qualify for a grant of legal aid. Some litigants simply have no other option; or They
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Separation on overseas holiday! What happens? Hague Child Abduction Convention

by Many children in Australia have parents that were born in a foreign country. It is common for these families to travel to the home country with the children for holidays or for the parents together with their children to move overseas for an extended stay. What happens if a separation occurs while the family is outside Australia and one parent
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Judicial bias: The moral to the story

by Three of the 24 decisions of the Full Court of the Family Court released in August 2016 consider whether a judicial officer should be, or should have been, disqualified from determining a matter by reason of bias. To succeed, all three appellants were required to show that: “a fair-minded lay observer might reasonably apprehend that the judge might not bring
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Great Scott! Can the Court order a property settlement after 30 years of separation?

by It is not often that the tabloid newspapers report on family law matters, particularly matters at first instance, however the recent Federal Circuit Court of Australia judgment of Scott & Scott [2016] FCCA 1659 was featured in the Daily Mail Australia on 13 July 2016. While not a landmark decision, the Scott case is a timely reminder that disputes about ownership of
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Beware: The new 10% CGT withholding tax

by On 1 July 2016, the Tax and Superannuation Laws Amendment (2015 Measures No. 6) Act 2016 came into effect. The Act is intended to assist the Australian Taxation Office (ATO) in the collection of foreign investors' Australian tax liabilities arising from the sale of real property with a market value of two million dollars ($2,000,000) or more being:- land, buildings, residential properties
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Budget, Super Reforms and Family Law

by The 2016/17 Federal Budget has made significant changes to superannuation, arguably the largest changes since the 2006/07 Budget. Some of the proposed changes may have a big impact on Family Law and the structure and form of property distribution in separating families. So what are the changes? A Lifetime Non-Concessional Contributions Cap Currently you can make non-concessional contributions to super
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To vaccinate or not – let's look at Arranzio & Moss [2015] Fam CA 544

by The issue of vaccinating children is a hot topic currently particularly given the impact it now has on Government benefits. The Family Court of Australia in the matter of Arranzio & Moss [2015] Fam CA 544 touched on the issue. This was a parenting dispute in relation to a 6 year old boy. The parties had diametrically opposed parenting approaches. 
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