An Australian court can order that the tax liabilities of spouses who have separated be transferred from one spouse to the other through a property settlement, the High Court ruled recently. Mr. and Mrs. Tomaras (whose full names don’t appear in the court record) separated in July 2009. Before sep...
Read moreFinancial matters, tax and property
Can legal fees be added back into the asset pool?
In lengthy litigious proceedings parties can accumulate large legal fees. The question is can these legal fees form party of the asset pool in a property settlement? In the recent decision of Trevi & Trevi the Full Court allowed the appellant husband to add back to the asset pool the wife’s le...
Read moreEVENT: Seniors Rights and Elder Abuse Seminar – 29 August 2018
Nicholes Family Lawyers and WIRE join together to present a seminar on Seniors Rights and Elder Abuse featuring a panel of experts and practitioners. The seminar will be held at WIRE (372 Spencer St, West Melbourne) from 1:00pm to 2:30pm. Elder abuse is any act occurring within a relationship of tru...
Read moreSubstitution of Parties to Recover Taxation Debts
It is not uncommon for a party to have a taxation liability but no means to meet it, especially when the income arises through a distribution from a Family Trust. In these situations, the party may be reliant on their higher earning partner to meet their liabilities. The recent Full Court of the Fam...
Read moreALRC Submissions- Share Your Experience
The Australian Law Reform Commission (“ALRC”) is currently calling for submissions from family law professionals and those with experience of the family law system. As such, Nicholes Family Lawyers is currently considering submissions regarding ways of improving the system whilst prioritising th...
Read moreWhy cryptocurrencies are complicating divorce settlements
Cryptocurrencies are the world’s fastest growing asset class and while many are reaping the benefits of their investments, cryptocurrencies are complicating property settlements in matrimonial disputes. Where people have invested in cryptocurrencies, such as Bitcoin and Ethereum, it can be difficu...
Read moreDeath no protection from property settlement
Facts In the recent decision of Whooten & Frost (Deceased) [2017] FamCA 975, Justice Cronin explored the power of the Family Court to make orders following the death of a party to proceedings. The Wife (Whooten) and Husband (Frost) had married in 2003 and divorced in June 2015. Between the time ...
Read moreElderly couples and family law
An issue facing many elderly couples is when they become involuntarily separated from each other because of their declining physical or mental health. This is most common when one spouse is moved to a nursing or aged care facility and out of the marital home. It is useful for family members of eld...
Read moreBankruptcy Body Unable to Set Aside Binding Financial Agreement
In the case Official Trustee in Bankruptcy & Galanis and Anor (2017) FLC 93-760, the Full Court dismissed an appeal by the Official Trustee in Bankruptcy (“Official Trustee”) against orders made by the Family Court of Australia. The Official Trustee sought to set aside a financial agreement ...
Read moreThe “Tell All” Duty of disclosure in family law property matters
A common concern following the breakdown of a relationship is that one party may be attempting to hide assets available for distribution or their earnings and/ or income. This is often the case where one party has been the primary breadwinner and responsible for the family finances while the other p...
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