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Family Law, Tax & Family Breakdown Part 3

Published on 27 Sep 2011 | Took place at City West Receptions, West Perth, WA

This event covered a case study to see how the taxation consequences flow through to the respective parties when the property settlement is actually put into effect.

Super has become the most substantial asset next to the family home, with the implications for these structures upon divorce/separation requiring substantial consideration. This event also discussed the issues relating to superannuation and divorce.

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Individual sessions

The empire strikes back! A tax lawyer's rebuttal

Author(s):  Adam LEVIN

This paper covers:

  • property settlements
  • general developments with discretionary trusts
  • sweat equity - Making a contribution to the family business
  • Part VIIIAA of the Family Law Act - Orders and injunctions binding third parties
  • third party rights
  • Section 106B - Transactions to defeat claims
  • unpaid present entitlements - Getting by with a little help from my friends 
  • sub-trusts - Fair return on instrument
  • breach of trust 
  • consent of beneficiary as a defence.
Materials from this session:

Case study - Keach & Keach and Ors [2011] FamCA 192 (9 March 2011)

Author(s):  Andrew DAVIES,  Sally Savini

This paper covers:

  • issues to be considered
  • the junior trust - Sham or no sham
  • summary of events.
Materials from this session:

Superannuation implications

Author(s):  Jemma SANDERSON

This paper covers:

  • divorce and superannuation 
  • capital gains tax
  • transfer duty
  • acquisition of assets
  • in-house assets.
Materials from this session: