Mcphee Lawyers

Tag Archives: Matrimonial Property

Valuation Disputes

by One of the first steps in determining how property  should be divided is to identify and value the assets of the parties. Preferably parties are able to agree on the value of assets and no formal valuations are required. When parties cannot agree on a value then the Family Law Rules 2004 set out the procedure for appointing a single
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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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Thorne v Kennedy - is your Financial Agreement vulnerable?

by The recent High Court decision in Thorne v Kennedy [2017] HCA 49 provides practitioners with a summary of the law regarding duress, undue influence and unconscionable conduct in relation to the preparation of financial agreements. Husband and Wife met online in 2006. He was 67 and she was 36. The Wife was living in the Middle East and the Husband
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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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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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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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Google Acts on “Revenge Porn”

by On 19 June 2015 Google issued a  public policy  advising that, contrary to their previous practice, they have now decided to honour requests from people to remove nude or sexually explicit images shared without their consent from Google search results. Google advises that in the coming weeks they will put up a web form people can use to submit the request.
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Relationship + Separation + Property + Handshake Agreement = Not Legally Binding? – Part 2

by Part 2 of our 2 part series on legally binding de facto and matrimonial property matters:- Considering Binding Financial Agreements Last week, we reminded you that if you want to fully and finally resolve matrimonial or de facto property matters, you need to formalise your agreement by way of Consent Orders or a Binding Financial Agreement. So what is a Binding Financial
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