News & Publications
Should you have a Binding Financial Agreement?
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- Published on Friday, 17 February 2012 06:50
- Written by Danielle Roberts
Picture this, Sally is a 32 year old school teacher and while she is not wealthy, she worked hard and saved the deposit for her own house at the age of 26. Sally has been committed to paying off her mortgage ever since. On Sally’s 30th birthday she met Greg, a 34 year old builder, and fell in love. Recently Greg asked Sally to marry him. She is excited, in love and cannot wait to start her life with Greg, but there is one small problem. Greg has spent his life travelling the world, he has no assets to his name and he has his bags packed to move in to Sally’s house.
Deceitful selling
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- Published on Thursday, 12 January 2012 12:02
- Written by Steven Soldatos
You are selling your house, its inspection time and you are thinking ‘time to spruik up the house, seal the cracks, fill the holes and give it a coat of fresh paint’. Well, think again. A recent case in New South Wales (Wood v Balfour [2011] NSWCA 382) indicates that the courts might not always look at property cases along the lines of ‘buyer beware’ and any attempts made by a Vendor to conceal defects in a property at inspection time could give rise to claims of misrepresentation, misleading or deceptive conduct and deceit.
Recent changes to the taxation of trusts: trustees given the power to stream capital
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- Published on Wednesday, 14 December 2011 22:13
- Written by Steven Soldatos
There have been recent changes to the taxation of trusts by the Tax Laws Amendment (2011 Measures No. 5) Act 2011 which enable the streaming of capital gains and franked distributions to beneficiaries of a trust for taxation purposes.
Landlords beware when varying retail leases
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- Published on Wednesday, 14 December 2011 21:54
- Written by Simon Ezekiel
Tenants may request changes or “variations” to their existing Leases for various reasons. A common reason is to extend their tenancy by increasing the duration of the term or inserting additional options for further terms. If agreed to by a Landlord, the change is implemented by way of a document known as a “Deed of Variation of Lease”.
Property and GST – Applying GST correctly when dealing with property
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- Published on Tuesday, 15 November 2011 10:48
- Written by Simon Ezekiel
When buying or selling a property, especially one of a commercial nature, it is important to consider any GST implications that may arise in addition to your other tax obligations. The potential to attract ten percent (10%) on the purchase price of a property deserves consideration.
Subpoenas and counsellors in family law
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- Published on Thursday, 20 October 2011 13:24
- Written by Michael Knopf
When do counsellor’s notes and records remain private?
This article is about what happened when the notes of a couples’ counsellor were subpoenaed to Federal Magistrates Court. The issue in dispute was whether the counsellor’s notes were able to be used in Court?
The importance of loan documents
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- Published on Tuesday, 04 October 2011 04:19
- Written by Simon Ezekiel
Vouzas & Anor v Sibonna Nominees Pty Ltd [2011] VSC 261
In Vouzas & Anor v Sibonna Nominees Pty Ltd [2011] VSC 261 (“Sibonna”), Sibonna lent money to a potential business partner, “Vouzas”. The debt was to be secured by a mortgage over Vouzas’ parents’ property in Albert Park, Melbourne and the terms of the loan was evidenced by emails and correspondence between Vouzas and the director of Sibonna. The mortgage was subsequently registered with the Land Titles Office and Sibonna believed that this together with the correspondence was sufficient to secure the debt.
Relationships and your will: the law in Victoria
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- Published on Monday, 26 September 2011 23:14
- Written by Danielle Roberts
Your Will is an important legal document that directs how your estate, which includes real property, cars and personal belongings, is to be dealt with after your death. If you are over 18 years of age and are of sound mind then you should make a Will.
In Victoria, the nature of your relationships may affect how your estate is distributed and therefore you should review your Will regularly, especially if any of the following occurs/applies:
Prescription glasses and GST: a decision of the Federal Court
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- Published on Monday, 26 September 2011 22:56
- Written by Simon Ezekiel
The Federal Court has provided greater certainty by solving the inherently circular provision of section 9-80 of the GST ACT
In Commissioner of Taxation v Luxottica Retail Australia Pty Ltd [2011] FCAFC 20 the court demonstrated how it is willing to interpret an unworkable provision in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (“the GST Act”) by applying the agreement as reached between the parties to an arms-length transaction as the basis for interpretation.
Register your goods or you could lose them: Personal Property Security Registration System
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- Published on Tuesday, 13 September 2011 04:46
- Written by Simon Ezekiel
The new Personal Property Security (PPS) registration system will now commence on 30 January 2012.
If you:
- sell goods on consignment
- sell goods with serial numbers, including motor vehicles
- supply goods using hire purchase agreements or lease arrangements
- supply goods under retention of title agreements
Then you need to register your interest on the PPS register or risk losing ownership of your property.
When a marriage is not a marriage: a case of duress
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- Published on Thursday, 11 August 2011 12:19
- Written by Zelma Rudstein & Danielle Roberts
In the recent case of Robert & Golden [2011] FamCA 443 the Family Court of Australia (“the Court”) held that the marriage between Mr Robert and Ms Golden was null and void.
A declaration that a marriage is null and void, also known as a declaration of nullity, is a finding by the Court that the marriage was invalid. This means that the marriage is regarded as having never taken place, even though a marriage ceremony may have taken place. A court may declare a marriage to be null and void on a number of grounds, including as Mr Roberts claimed, where one party claims to have been forced into the marriage under duress.
Collaborative law: dispute resolution for the twenty-first century
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- Published on Monday, 13 June 2011 09:13
- Written by Magda Kron & Danielle Roberts
If your relationship has broken down it is likely that you are feeling a range of emotions, including stress, anxiety, loss, loneliness and confusion. These feelings are often compounded by the uncertainty surrounding what the future holds for you and your children.
Brodie’s Law: new workplace bullying laws passed
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- Published on Friday, 03 June 2011 08:00
- Written by Magda Kron & Danielle Roberts
The Crimes Amendment (Bullying) Bill 2011 (Vic) was introduced after Brodie Panlock, a 19 year old Melbourne waitress, was severely bullied at work. Brodie’s work colleagues spat at her and called her offensive names, and on one occasion poured oil on her. Tragically, having endured relentless and vicious workplace bullying, Brodie committed suicide in 2006.
Migration: are you seeking to move to Australia permanently?
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- Published on Monday, 30 May 2011 00:00
- Written by Zelma Rudstein
"A journey of a thousand miles begins with a single step" - Confucius
Australia enjoys one of the highest standards of living in the world, with an abundance of opportunities and freedoms enjoyed by its eighteen million existing citizens. The culture and lifestyle of this country makes it a much sought after migration destination for people from all over the world.
Law, ethics and biotechnology: Supreme Court finds wife owns deceased husband’s sperm
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- Published on Wednesday, 25 May 2011 09:00
- Written by Magda Kron & Danielle Roberts
You may have seen or heard in the news recently that a widow has been granted possession of her deceased husband’s sperm, which she intends to use to conceive a baby. The case is called Jocelyn Edwards: Re the Estate of the late Mark Edwards [2011] NSWSC 478 and it serves to highlight the complex legal and ethical issues surrounding the ownership and control of a deceased human’s sperm. The case also demonstrates the interplay between family law, medical ethics and property law in such cases, and the resulting need for expert legal advice.