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News & Resources

Capital Gains Tax and Family Law Property Settlements

capital gains tax and family law property settlements

When parties to a marriage or a de facto relationship separate, they will usually seek to divide their assets between themselves by way of a property settlement. In some situations, the issue of Capital Gains Tax (“CGT”) will arise. CGT can be costly and, if applicable, it is important that parties understand the implications of CGT on their property settlement.

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Everything you need to know about being called for Jury service

Everything you need to know about being called for Jury service

If you’re obsessed with true crime podcasts and TV shows, the day a jury duty letter comes in the mail might just be the day you’ve been waiting for to finally fulfil your real-life fantasy. But for others, jury duty has long been attached to the negative stigma of being wildly inconvenient, especially for people who run their own business or young families.

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Have you reached an informal “handshake” agreement about property with your former spouse? What now?

Have you reached an informal 'handshake' agreement about property with your former spouse?

In family law matters, the aim is always for both parties to reach a quick and fair resolution following a separation. In some circumstances, both parties will come to an informal agreement (sometimes referred to as a “handshake agreement”), either verbally or in writing about how parenting responsibilities will be managed and/or how their assets will be split. But what happens when one party later reneges on that agreement?

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Vaccinations and Family Law Parenting Proceedings

Vaccinations and Family Law Parenting Proceedings

Vaccinations and Family Law Parenting Proceedings. At the end of 2021, COVID-19 vaccinations became available for younger Australian children. Whilst the majority of Australians agree that the vaccination is in the best interest of their children there have been several recent disputes in the Federal Circuit and Family Court of Australia regarding parental consent to vaccination.

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Why would you reject a gift from a Will?

Why would you reject a gift from a Will?

There are a number of reasons you would disclaim a gift from a Will, the following are just some of those:

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Disclaiming Gifts

Disclaming gifts

No one is compelled to accept a gift that is given to them, and that principle extends all the way to receiving a gift on the death of another person. The rejection of a gift resulting from the death of another is commonly called a “disclaimer” and the procedure for saying no varies on the type of gift and how it is being given to you.

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School Holidays are approaching!

School holidays are approaching

School hollidays are on their way….have you made plans with your ex yet?

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A Tip for Separated Parents

Tip for seperated parents, school holidays are approaching

A Tip for Separated parents – The July School holidays are fast approaching so now it is time to get started on your arrangements.

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Am I in a De Facto Relationship?

What Constitutes a DeFacto Relationship

There are a number of factors that identify if you are in a de facto relationship or not, these are listed in this infographic.

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What constitutes the breakdown of a de facto relationship?

What consitutes the breakdown of a de facto relationship

Two weeks ago, the High Court handed down their decision in the matter of Fairbairn v Radecki [2022] HCA 18, which determined the question of, if and when a de facto relationship had broken down. The outcome of this question is important in Family Law matters because the Court will only have jurisdiction to alter property interests of the parties to a de facto relationship if the relationship has in fact broken down (section 90SM of the Family Law Act).

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