Overall, the Family Law Act largely provides the same rights for de facto couples as for married persons. However there are differences which can make the process more arduous, complex and costly for de facto couples.
A new financial agreement was published today in order to take into account the decision in Piper and Mueller. It covers both the requirements of during a de facto relationship under Part VIIIAB (s90UC) and the subsequent marriage under Part VIIIA (s90B). There is an informative commentary to go with it.
The new precedent is titled Combined financial agreement s90UC and s90B – During de facto relationship and subsequent marriage.
This publication has been updated as the result of an extensive author review, including new content discussing the recent changes introduced by the Insolvency Law Reform Act 2016.
For corporate insolvency up to date case law examples have been included.
Enhanced content on how bankruptcy proceedings are regulated in Australia and the role of creditors.
From 2 November 2017 the time a response to related application must be filed and served is extended from 14 days to 28 days: subrule 4.03(3).
See Federal Circuit Rules 2001 for minor amendments to Schedule 1 – Costs.
The itemised scale of costs contained within the family law costs agreements have been updated. 4 July 2017.
The commentary was updated to include an expanded discussion about employment agreements and the handling of employee entitlements when a business changes hands.
The family law costs agreements have been updated to reflect the new scale for itemised costs.
For contracts entered into on or after 1 July 2017 the new foreign resident capital gains withholding (FRCGW) rate and threshold will apply to:
- real property disposals where the contract price is $750,000 and above (currently $2 million); and
- the FRCGW withholding tax rate will be 12.5% (currently 10%).
All precedents and commentaries were updated to reflect these changes.
A new precedent has been provided. The Contract for the Sale of Shares – Extensive covers many of the issues that may arise in complex transactions. It may be found in our Companies, Trusts and Partnership Guide in the Companies section within Deeds and agreements.