A separating couple with children will need to work out the parenting arrangements for those children – where the children are to live and who may make decisions about the children. If the couple can agree, their agreement can be formalised as Consent Orders (ie Orders made by the Court by consent). If not, the […]
The power of the ATO and family law settlements
Many clients come to see a family lawyer wanting to talk about issues related to the ATO, while others haven’t turned their minds to their own tax affairs for some time. Generally, we find there is a misunderstanding about the role and power of the ATO in family law property settlements. Family law […]
Take care when buying a property off the Plan
The term “buying off the plan” usually refers to purchasing a property that is not yet registered as a separate lot with the government department responsible for land title registrations, or a property that is not yet built. Buying off the plan can refer to the purchase of a block of vacant land that is […]
Understanding your Spousal Maintenance Obligations
It is not widely known that when we enter into a marriage or a de facto relationship, in certain circumstances, a spouse may be liable to maintain the other in the event that their marriage or de facto relationship breaks down. This responsibility to financially assist the other is set out in the Family […]
The Risks of Going Guarantor
Has a family member asked you to provide a guarantee for their home loan or personal loan? If so, you need to be clear about your obligations under a contract of guarantee. What is a guarantee? If a lender is concerned about a borrower’s capacity to repay a loan or has classified the borrower […]
GST and Residential Property Transactions
The responsibility for remitting Goods and Services Tax (GST) to the Australian Taxation Office (ATO) generally falls on the party making a ‘taxable supply’. In a property transaction, this has traditionally meant the vendor or developer (supplier), unless the contract provides otherwise. From 1 July 2018 purchasers of ‘new’ residential property must deduct the […]
Dealing with deceased estates – Executor duties
After a person dies someone has to look after the assets of that person and pay the person’s debts. Although the person is no longer here, his or her affairs must be finalised and the person to finalise the affairs is appointed by the Will of the deceased. Where a person is appointed by a […]
Testamentary Trusts
Testamentary trusts can be very effective estate planning tools to assist in providing for spouses, children and grandchildren, and are becoming increasingly popular as more people become aware of their advantages. A Testamentary Trust is any trust established under a will, but the term is usually used in the context of a discretionary family trust […]
Saving your rights to see your grandchildren
If you are a grandparent and face the sad circumstance of a break up in your family group, through separation or unforeseen events, you may be worried about your right to continue seeing much-loved grandchildren. Unfortunately, some grandparents only see their grandchildren at crowded school events or from the sideline at sporting occasions. In Australia, […]
Understanding a Commercial Lease
When renting business related property it is important for both Landlords and Tenants to understand the relationship they are entering into and the rights and obligations that they each have, the document that governs this relationship is usually a Commercial Lease. So what is a Commercial Lease? A lease is a legally binding contract that […]