Frank Law Blog

Except for the most extreme circumstances, going to court should be considered a ‘last resort’ and only to be used when all other options have been exhausted.

If you are having a contractual dispute with another party and have been unable to resolve the issue peacefully and informally, then you may consider suing that party by commencing proceedings against them in a court of law.

If you fear violence or harassment from your spouse, partner or a work colleague, you should take steps to protect yourself by applying for an Apprehended Violence Order. It is a method of obtaining protection if you are fearful of future violence, including physical or sexual abuse, or threats to your safety, including harassment, intimidation or stalking.

The Morrison Government has announced that it intends to amend the Fair Work Act to protect employers from casual employees ‘double-dipping’: where long-term casual employees are deemed to be ‘permanent employees’ for purposes of leave entitlements.

Executive Summary

1. The recent case of Sandini demonstrates the circumstances in which a transferor spouse may be exempt from CGT when transferring property to their former spouse under family law orders.
2. Family lawyers must have a well-grounded knowledge of the tax implications of property transfers and should not hesitate to obtain single expert taxation advice when required.
3. Care must be taken when drafting family law orders, as simple mistakes can have significant tax consequences for parties.