Mcphee Lawyers

Tag Archives: De Facto Property

Moving on? Why it is important to first resolve your property matters with your ex

by I read with interest a recent article, which has caused the alarm bells to ring for many parties involved in family law matters and concerns about the consequences of failing to resolve matrimonial or defacto property matters with an ex-spouse or partner before intermingling finances with a new partner. While the example set out in the article is atypical, it
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Man sues wife for negligence after jumping from their Mercedes Benz

Man sues wife for negligence after jumping from their Mercedes Benz

by A recent ABC News article reports a NSW man jumped from a moving car during a heated argument with his wife. The car was travelling at 50km per hour and he sustained serious injury. He sued his wife for negligence arguing that, if she had applied the brakes when she saw he was about to jump, his injuries would have
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Am I in a de facto relationship?

by This is a question we are often asked by clients and in today’s society the answer is not always straightforward. Section 4AA of the Family Law Act defines a de facto relationship as one where the persons are not married to each other, not related and where, having regard to all the circumstances of their relationship, they have a relationship
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Barnaby’s Benched!

by Personally I would rather watch paint dry than hear another news story about Barnaby Joyce’s personal life or the personal lives of those around him however, regardless of your views on the Barnaby Joyce saga, the factual scenario presents an interesting situation in the context of family law proceedings. Let’s assume that Barnaby’s pregnant partner, Ms Campion, was overwhelmed by
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Reach agreement and formalise your settlement before something happens

by The case of Holland and Holland [2017] FAMCAFC 166 is a strong example of why property matters should be resolved and formalised as soon after separation as possible. In this case the husband inherited a house from his brother’s estate, worth approximately $715,000, some three and a half years after separating from the wife. At first instance the trial Judge
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Calculating time in family law matters

by Ensuring compliance with Court Orders can be a tricky beast if you do not know what you are doing.  Usually, there are consequences contemplated in the Orders if a party fails to comply with an action by a particular date/time.  A crucial, but often overlooked, part of all family law proceedings is correctly calculating the time by which actions provided
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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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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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Object to production of Wife's father's Will (solicitor had deposed to contents of Will) – Sadek and Ors & Hall and Anor [2015] FamCAFC 23

by The case of Sadek and Ors & Hall and Anor [2015] FamCAFC 23 involved property proceedings between the Husband and Wife in the Family Court of Australia. In the course of seeking financial disclosure from the Wife, the Husband asked the Wife for details of her interest in the estate of her deceased father. The Wife’s position was that she did
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