You need to amend your trust deed
Recent amendments to transfer duty and land tax legislation may affect every Family/Discretionary Trust that either purchases or holds land in New South Wales.
A Family/Discretionary Trust is often used as an asset protection structure as the trustee normally has wide discretionary powers to distribute income and capital to wide classes of beneficiaries under the trust.
However, this wide discretionary power may cause a Family/Discretionary Trust to fall foul of the legislative amendments in 2016 targeted at “foreign persons” acquiring and holding land in NSW. Foreign persons are now subject to a 4% surcharge purchaser duty when acquiring residential land and a 0.75% surcharge on land tax where a foreign person holds residential land in NSW. Read the rest of this entry »
Representing the interests of non-unionised workers
On 13 December 2017 the High Court delivered a decision in a case of Regional Express Holdings Limited v Australian Federation of Air Pilots [2017] HCA55.
The central issue in dispute was whether an industrial association (such as a union, or other representative body) was entitled to represent workers who were not members of the industrial organisation.
The short facts were that Regional Express (REX) had written to a number of its pilots to the effect that if they made claims for accommodation costs during layovers, they would not be given command roles. The Australian Federation of Air Pilots (AFAP), a representative body for commercial pilots, commenced proceedings alleging REX’s letter contravened a number of workplace rights. None of the individuals to whom REX had written, were actually members of AFAP. REX applied to summarily dismiss the proceedings on the basis that AFAP was not “entitled to represent the industrial interests of” individuals who were not members of its organisation. Read the rest of this entry »
Before the wedding bells ring: some considerations for same sex couples in light of the marriage act reforms
Following the recent monumental legislative change – legalising same sex marriage – some couples have gone from a de facto couple to a married couple overnight as their marriage in overseas jurisdiction has become recognised in Australia. Further, there is an expectation of a flurry of filing of Notices of Intention to Marry in the coming months, as same sex couples are finally able to legally marry in Australia.
However, as many same sex couples have been in a committed relationship for many years; they have set up their affairs and finances in a specific manner, which may now need to be reviewed and re-considered in light of their changed – or impending change of – marital status.
So, before the cake is ordered, the celebrant booked, and the wedding bells ring, consider: Read the rest of this entry »
Don’t drink and dial…
The Christmas and New Year period is a time when spirits are high, drinks are flowing and the consequences of actions are not always considered. Even the simple action of making a phone call or sending a text message can have serious consequences.
It is a criminal offence under Australian law to use a mobile telephone in a way that is menacing, harassing or offensive. This can include the method of use, the content of the communication, or both. Repeated, unwanted calls can amount to harassment under this law. Read the rest of this entry »
Parenting management hearings – filling the gap
In addition to the Family Law Review currently underway, the Attorney-General has presented to Parliament a Bill to institute Parenting Management Hearings for family law disputes.
Parenting Management Hearings are intended to fill a gap between Family Dispute Resolution (mediation) and contested Court proceedings in parenting matters. They are intended to provide self-represented litigants with an alternative to the Court process for resolving parenting disputes.
Unlike the current Court process, where two opposing sides present their case, Parenting Management Hearings will be conducted by a Panel who will undertake inquiries and gather information before reaching a decision. The Panel will direct the lines of enquiry and the focus of the hearing; and questions will be asked by Panel members, rather than traditional cross-examination. Read the rest of this entry »
Review of family law system rolls forward
On 27 September 2017 Attorney-General Brandis QC commissioned the Australian Law Reform Commission to undertake a comprehensive review of the family law system. Prof Helen Rhoades leads the review. Further appointments of qualified persons has followed.
The ALRC’s focus is to be on ensuring the family law system prioritises the best interests of children, addresses family violence and child abuse, and supports families, including those with complex needs, to resolve their family law disputes quickly and safely while minimising the financial burden. The Family Law Amendment (Parenting Management Hearings) Bill 2017 and the Family Law Amendment (Family Violence and Other Measures) Bill 2017 have recently been introduced. Read the rest of this entry »