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Family Law Week: How the courts deal with financial remedies in a short marriage

Family Law Week: How the courts deal with financial remedies in a short marriage
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United kingdomKimberv kimberMillerv millerKrystmanv krystmanMcfarlanev mcfarlaneSincewhitev whiteCo ancillary reliefMatrimonial causes actPre marriage cohabitation

The Vibe , stamp duty and SMSFs – a reminder that details matter

The AAT has affirmed a decision to impose stamp duty on a property involving an SMSF, which provides important lessons on accessing duty relief. Generally there are stamp duty exemptions in each stat

Mount morganJayne elise maddisonMatthew burgessMichael james maddisonMcfarlanev mcfarlaneRyan matthew maddisonRevenue officeMount morgan trustProperty pty ltdCobden lime pty ltdStamps officeNew south walesWestern australiaBlack letterPty ltdState revenue

SMSFs warned on narrow access rules impacting stamp duty transfers

The AAT has recently affirmed the decision to impose stamp duty on a property involving an SMSF, providing important details on different implications and legal issues involved that can impact the access to duty relief.

Tony zhangMatthew burgessMcfarlanev mcfarlaneRevenue officeProperty pty ltdCobden lime pty ltdStamps officePty ltdState revenueAdministrative appeals tribunalWestern australiaState revenue officeLawyers weeklyAdviser innovation

Family Law Week: Departing from Equality in Farming Divorces

R v R [2004] FLR 98). There is often a departure from equality in farming cases due to the non-matrimonial nature of some farming assets. For example, a farm which has been gifted, inherited and/or in the family for generations, in the expectation that it will be handed down, is an important factor which the court will take into consideration. Whilst a distinction can be made between matrimonial and non-matrimonial assets, the needs of one or both parties will dictate the sway of a settlement. However, needs are an elastic concept, and if needs can be satisfied without recourse to non-matrimonial farming assets, the yardstick of equality can be stretched and tested. Each case will turn on its facts and the outcome will depend on a wide variety of factors.

United kingdomMillerv millerMcfarlanev mcfarlaneMiller mcfarlaneJustice wilsonPamela whiteWhitev whiteSenior associateRexton farmBlagroves farmFinancial provisionBasic paymentAgricultural policyAgricultural actMinisterial powersEnvironmental land management