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A template for splitting superannuation- what a super idea!
In April 2019, the Australian Law Reform Commission released its final report: “Family Law for the Future”. Recommendation 17 is that the Family Law Act should be amended to simplify…
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Service of Court Documents by Social Media
Service of Court Documents by Social Media Court documents are often required by the court rules to be personally served on a party to the proceedings. For example, an originating…
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Firearms in Deceased’s Assets
It happens sometimes that a firearm is included in the assets of a deceased person. The firearm maybe registered or it may be unregistered. The Firearms Act 1996 (“the Act”) allows an…
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Tax implications of family law property division - part 2
Today we are continuing on with our look at the tax implications of property division. Last time I looked at one of the more commonly thought of ones: capital gains…
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Procedural Fairness - the opportunity to be heard
“Procedural fairness” or “natural justice” are terms commonly bandied around. The NSW Court of Appeal recently had to consider whether, as a matter of practical application, a litigant had been…
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Legal Professional Privilege- Sword or Shield?
There have been some recent comments by the High Court of Australia in relation to legal professional privilege. In August 2019 the High Court handed down the decision in Glencore International…
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Separation- the day before, or the day after Black Friday?
In April 2019, the Australian Law Reform Commission released its final report: “Family Law for the Future”. Recommendation 13 provided that the Family Law Act should be amended to provide…
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Tax implications of family law property division - part 1
When a relationship ends there are many expected outcomes but an issue not often discussed is the tax implications of property division. Today I am looking at just one: capital…
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Subtle ‘traps’ with Subpoenas for documents
Most people understand what a subpoena is. So far as it relates to documents, it is a Court order requiring documents to be produced to the Court Registry. That sounds…
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Boyer v FRP Pools & Spas Pty Ltd
On 13 June 2019 the NSW Civil & Administrative Tribunal ordered the manufacturer of a specialist gel lining for swimming pools to rectify the applicants’ swimming pool to a usable…
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“Without Prejudice” Communications - What Does it Mean?
Legal correspondence often contains the term “without prejudice”. The term is one of the most used legal phrases, however it is often misunderstood. The term “without prejudice” is most familiar…
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Be careful when you authorise access to your bank account
In a recent case, Iannella v Stirans by her tutor the NSW Trustee & Guardian [2019] NSWSC 1181, an elderly widowed pensioner living alone signed an authority for a neighbour to operate…
