The itemised scale of costs contained within the family law costs agreements have been updated. 4 July 2017.
To do list for property settlement
A To do list for the Property Settlement publication was published today. This useful checklist ensures all the necessary steps are readied and prepared for.
The precedent may be found in Property Settlement, Getting the matter underway beneath the Retainer Instructions.
Businesses changing hands
The commentary was updated to include an expanded discussion about employment agreements and the handling of employee entitlements when a business changes hands.
Family law costs agreement
The family law costs agreements have been updated to reflect the new scale for itemised costs.
From 1 July 2017 – Foreign Resident Capital Gains Withholding Payments
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.
Contract for Sale of Shares – Extensive
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.
Development services agreement
A recent addition to the precedent library within the Employment Law publication was a Development Services Agreement. An extensive agreement between a principal and a service provider. This new contract appears in the Non-Employment Relationships – Principal and Independent section.
Foreign Resident Capital Gains Withholding Payment
Early Alert – Foreign Resident Capital Gains Withholding Payment
It is proposed that from 1 July 2017 the regime will apply to all real property with a market value of $750,000 or above. Once the bill is law this alert, the commentary and precedents will be updated.
Personal Property Securities
NOVEMBER
- The commentary has been updated to discuss transitional security interests and migrated security interests as the transitional period for migrated registrations ends 31 January 2017.
- Costs Agreements – Reference to interstate costs laws added and updated interest clause
OCTOBER
- Costs Agreements
- Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
- VIC/NSW -Included reference to time limit for bringing costs assessment, total estimate of legal costs section with provision for variables, and authority to receive money into trust.
- WA – Added clause on scale fees.
AUGUST
- Costs Agreements have been added for Northern territory, and Tasmania.
APRIL
- File Cover Sheets for all publications have been completely re-formatted for a better look.
MARCH
- New commentary added on disputing a registration, covering both the administrative process under the Personal Properties Securities Act 2009 and the judicial process. Associated precedent Amendment Demand and Amendment Statement also added to the matter plan
FEBRUARY
- This matter plan has been reviewed and reorganized with a view towards a more intuitive approach.
- All federal publications now include a costs agreement for the ACT.
- Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.
Family Law
NOVEMBER
- Further Information – Added “Parenting orders – what you need to know”
- Costs Agreements – Included reference to time limit for requesting itemised bill as per the Family Law Rules, reference to interstate costs laws added, updated interest clause
OCTOBER
- Costs Agreements
- Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
- VIC/NSW – included reference to time limit for bringing costs assessment included total estimate of legal costs section with provision for variables and included authority to receive money into trust.
- WA – added clause on scale fees.
- Property Settlement Commentary – Amend – Step one – identify and value the net property 3.
- New precedents
- To do list – Children
- To do list – Financial Agreement
- 101 Family Law Answers – added new commentary on Foreign Resident Capital Gains Withholding Payments.
AUGUST
- Divorce, Children and Property Settlement guide – New Costs Agreements added for Tasmania and Northern Territory.
- Children commentary – Considerations specific to children matters added to commentary on social media evidence
- New precedents
- Letter to other side inviting them to family dispute resolution
- Letter to other side’s solicitor inviting them to family dispute resolution
JULY
- Children commentary – Amended to discuss in more detail paternity and the presumption of parentage. In certain circumstances, proving parentage can be particularly important. Parentage is also a relevant consideration as the number of blended families in Australia continues to rise.
JUNE
- Divorce commentary – Updated and restructured the commentary discussing divorce applications and reduction of court fees.
APRIL
- Property Settlement – New precedent added – Letter to other side’s solicitor with offer of settlement – Calderbank offer.
- File Cover Sheets for all publications have been completely re-formatted for a better look.
MARCH
- Property Settlement – Commentary concerning social media evidence in financial proceedings has been added to the property settlement guide.
- Children commentary – Added section on making urgent applications – Early hearing and urgent orders ex parte.
FEBRUARY
- Children commentary – Added section on variation of parenting orders. In particular, a commentary on the threshold test as established in Rice v Asplund (1978) 6 Fam LR 570 has been added.
- Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.
JANUARY
- All By Lawyers Family Law cost agreements have been updated in line with the 2016 Family Law Rules itemised scale of costs.