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09/02/2014

Modern Relationships

There were three different articles in The Age newspaper last week all written around the same time, which caused me to reflect upon modern relationships. Each article was quite engaging in its own right and although on the face of it looked like they were talking about very different things,...

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03/02/2014

Family Law Myths: those are MY assets

Some common phrases we hear from people seeking family law advice include: “I had the house before we married, so that’s not included”; Or “but I got that as an inheritance from my grandmother, so that should be left out”; Or “I bought the lotto ticket from the newsagent, so...

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28/01/2014

Case Study – Super Decisions Don’t Always Pay-off

Family Court Case Study Mr and Mrs Kane were married for almost 30 years and had four adult children. After the sale of their business in 2008, they established a self-managed superannuation fund with a Trustee called R Investments. Against the wife’s wishes, Mr Kane invested $540,000 in shares in...

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23/01/2014

The Risks of Relocation

“Clandestine”, “surreptitious”, “deliberate deception”, “blatant cunning and deceit” says Judge to describe the actions of a Mother who relocated with her three year old daughter from the New South Wales region to Tasmania, without telling either the Court or the Father. In 2012, a Mother relocated with her daughter, 3...

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17/01/2014

The future of Same Sex Marriage in Australia

The High Court has found that the ACT Marriage Equality (Same Sex) Act 2013 is of no effect. Although some groups who are anti gay marriage are treating this as a win, the better view of the ruling is that it actually helps the case for marriage equality. The High...

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09/01/2014

Gender Bender

‘Sex’ and ‘gender’…same thing, right? Wrong. These words have different semantic meanings which is important to understand. ‘Sex’ is about one’s biological makeup. That is, their chromosomes, gonads and genitalia. So penis = male, and vagina = female. So what about intersex people? ‘Gender’ on the other hand is often...

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08/01/2014

New Approach to Protecting Children from Harm

The Family Law Act focuses on protecting children from harm and the Attorney General’s Department has recently commissioned the Family Law DOORS framework (which stands for the “Detection of Overall Risk Screen”) to assist professionals, including family law specialists to detect risks to the safety and wellbeing of their clients...

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10/12/2013

Taxing your settlement

The ATO has released a draft ruling that has the potential to reduce the amount that high-wealth individuals receive from property settlement by nearly half. For high-wealth families it is not uncommon for them to hold their assets in private companies and trusts for tax reasons and for asset protection....

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11/11/2013

Christmas Contact

The Christmas period and the Christmas school holidays can be a difficult time for separated parents. The Family Court requires that, if there is a dispute about parenting, it be filed before 8 November, which has now passed. The Federal Circuit Court of Australia will accept applications if the circumstances warrant...

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27/10/2013

The ACT Marriage Equality Act – what’s all the fuss?

The Marriage Equality Act 2013 (aka ACT’s same sex marriage law), drafted by the ACT Labor Government, has caused a stir! For now at least, same sex couples in the ACT can get married. The legislation provides an avenue for marriage for those who cannot be married under the Commonwealth’s...

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23/10/2013

Same-sex relationships and Family Law

The ever-present topic of gay marriage highlights some issues surrounding the rights of same-sex couples. What rights do same-sex couples have in family law? In a nutshell, the answer is that in Australia, the same laws apply to same-sex couples as to de facto heterosexual couples when it comes to...

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14/10/2013

With this SMSF, I thee wed…

A good friend of Farrar Gesini Dunn, Stephen Bourke of SuperSplitting, was quoted in John Wasilev’s ‘Your Questions’ section of the Financial Review last weekend. Read the full article below: Financial Agreements made when combining super funds with a new spouse require careful preparation to be binding, writes John Wasilev....

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