What is Capital Gains Tax (CGT)? Capital Gains Tax (CGT) is a tax paid when an asset is sold, disposed of, or transferred. Assets attracting CGT include investment properties, shares or collectables. The ‘capital gain’ is the difference between the price that the asset was originally acquired for and the amount for which it was …
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If a parenting application has been made in the Federal Circuit and Family Court of Australia and parties are not able to agree to suitable care arrangements for the children or to determine a specific issue such as a choice of school for a child, the Court may order that a Family Report is prepared …
Stalking in Australia is a societal epidemic and you may be amazed by the statistics: • One in ten Australians experience stalking and victimisation. This includes one in 5 women; • One in 13 men experience stalking; • 85% of stalkers are male and known to the victim; • More than 60% of victims move …
Caveats are often used in family law as a protective tool to preserve an interest in real property. Caveats are an affordable, effective means by which parties can prevent the registered title holder from engaging in dealings without consent or authorisation of the caveator. This is a particularly useful tool when land is registered in …
The word “unprecedented” has been used widely since a global pandemic was declared in March 2020. In these unique times, the economic, political and social impact of COVID-19 has been felt across the globe. Arising from this is the impact on family law matters. The past few months have shown an imperative to adapt to …
The Family Law Act 1975 (“the Act”) permits parties to a marriage or a de facto relationship to enter into a Financial Agreement to deal with financial matters and the division of property in the event of a marital or relationship breakdown. By entering into a Financial Agreement, parties “opt out” of the Court’s jurisdiction …
Child Support PaymentsFollowing separation, it is a statutory requirement that a parent must pay child support to the eligible carer of the parties’ children. Child support is payable until a child turns 18 years or completes secondary schooling (whichever is later). A formula is used by Services Australia (Child Support) to calculate the amount of …
A family business is considered an asset of the marriage and will either need to be retained by a party or sold as part of a property settlement. Accordingly, it is important and necessary to ascertain the value of the business when undertaking a division of property. Unless the parties can come to agreement as …
The requirement to pay child support continues until the child turns 18 years of age or completes secondary school in the year they turn 18 years. After such a time financial support for a child is determined via the adult child maintenance provisions of the Family Law Act 1975. When making an adult child maintenance …