Am I in a de facto relationship?

by Arlene Stanovitch This is a question we are often asked by clients and in today’s society the answer is not always straightforward. Section 4AA of the Family Law Act defines a de facto relationship as one where the persons are not married to each other, not related and where, having regard to all the circumstances of their relationship, they have a relationship
Tags: De Facto Property, De Facto Relationship, Family Court, Family Law Act, Federal Circuit Court, Property, property proceedings, property settlement, Time limits
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Barnaby’s Benched!

by Arlene Stanovitch Personally I would rather watch paint dry than hear another news story about Barnaby Joyce’s personal life or the personal lives of those around him however, regardless of your views on the Barnaby Joyce saga, the factual scenario presents an interesting situation in the context of family law proceedings. Let’s assume that Barnaby’s pregnant partner, Ms Campion, was overwhelmed by
Tags: Barnaby Joyce, De Facto Property, De Facto Relationship, Family Law, property proceedings
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News Flash: Variation to foreign residence CGT withholding tax

by Crispian Carlowe On 15 July 2016, I wrote a blog on the then new 10% CGT withholding tax which came into effect on 1 July 2016 by virtue of the Tax Superannuation Laws Amendment (2015) Measures (No. 6) Act 2016. The Act intended to assist the Australian Taxation Office (ATO) in the collection of foreign investors’ Australian tax liabilities arising from the
Tags: Australian Taxation Office, Capital Gains Tax, De Facto Property, De Facto Relationship, Divorce, Legislation Update, Matrimonial Property, Taxation
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Beware: The new 10% CGT withholding tax

by Crispian Carlowe On 1 July 2016, the Tax and Superannuation Laws Amendment (2015 Measures No. 6) Act 2016 came into effect. The Act is intended to assist the Australian Taxation Office (ATO) in the collection of foreign investors' Australian tax liabilities arising from the sale of real property with a market value of two million dollars ($2,000,000) or more being:- land, buildings, residential properties
Tags: Australian Taxation Office, Capital Gains Tax, De Facto Property, De Facto Relationship, Divorce, Legislation Update, Matrimonial Property, Taxation
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Where there’s a will there’s a? – A few things to do when you separate

by Judy McPhee There was a report in the press recently about a young man dying and his wife inheriting the whole of his estate under the terms of his will. Nothing remarkable there? Well, there was actually because the young man had been separated from his wife for in excess of 15 months, had effected a property settlement and had re-partnered. But
Tags: Caveat, De Facto Property, De Facto Relationship, Practical Tips, Property, Separation, Superannuation
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Are you in a de facto relationship or are you just friends with benefits?

by Judy McPhee Unlike married couples, the entitlement and obligations of parties, gay or straight, who live together turns on whether the parties were in a de facto relationship.  Unfortunately sometimes the parties are not even able to agree on whether they were or not! The Family Law Act requires that to be in a de facto relationship the parties have a relationship
Tags: De Facto Relationship, Property
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