Homeowners aged 65 years or more who sell their home, which is not subject to capital gains tax, provided they have lived in their home for 10 years or more will be able to make a non-concessional contribution of up to $300,000.00 into their superannuation from the proceeds of the sale of their home. Both […]
More
A recent High Court case (Thorne v Kennedy) was much anticipated but the outcome, in my opinion did not live up to the hype. It was tipped to give significant guidance on the much vexed topic of how binding are ‘Binding Financial Agreements’ (colloquially referred to as ‘pre-nups’). In the end it simply restates basic […]
MoreIn NSW your licence may be suspended by either the Roads and Maritime Service (RMS) or the NSW Police. It is possible to appeal the suspension of your licence however, and the most common offences for which such appeals are made include: – The RMS suspending your licence for exceeding the speed limit by more […]
MoreFollowing the result of the historic same-sex marriage postal survey in November 2017, the Parliament of Australia passed legislation amending the interpretation of ‘marriage’ under section 5 of the Marriage Act 1961 to mean “the union of two people to the exclusion of all others, voluntarily entered into for life”. Prior to this amendment, same-sex […]
More
It is a common point of contention in commercial and retail leases as to who is responsible for the installation, replacement, maintenance and/or repair of necessary fire safety fittings and fixtures in the tenanted premises. There are a number of fire safety measures that must be maintained in all commercial properties (for example: smoke detectors, […]
MoreFixed term employment contracts are a common means by which employers employ staff in Australia. A recent decision of the Full Bench of the Fair Work Commission has now opened the door for employees engaged under fixed term employment contracts to bring unfair dismissal claims at the end of their contract term. Traditionally fixed term […]
More“Control” clauses in leases are those clauses which provide that where the lessee is a corporate entity and the control of that corporate entity changes as a result of transfer or sale of shares in the corporate entity then such change is deemed to be an “assignment” of the lease and therefore the corporate entity […]
MoreOne question a lot of people ask when faced with redundancy or the option of voluntary redundancy, is how will it affect child support payments. In a nutshell the answer is – if it’s considered taxable income then you will need to pay child support. Most redundancy packages are calculated based on a number of […]
More
Going Through a Divorce and my Ex Transferred her House into her New Boyfriend’s name – What Now? Emotions are running high and you’re at your wits end… then this happens! Your ex is trying to hide matrimonial assets to protect them from division under the property settlement, and you just found out she transferred […]
MoreThe terminology used in the legal industry regarding statements of evidence can be confusing. Phrases such as affidavit, statutory declaration and witness statement are thrown around and are often used interchangeably in common lexicon. This article explores the difference between these documents and how they are used within the legal system: 1. Affidavit An affidavit […]
More
