Articles

Can’t find the deed?

A recent decision of McMillian J in Melbourne is a good reminder for all with trustee clients who can’t find the deed. In Application by South Melbourne Continental PL [2018] VSC 398 Her Honour made clear that a Court will not simply make declarations as to the content and execution[…]

Losing the Main Residence Exemption

If Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures No 2) Bill 2018 (‘Bill’) is passed Australian citizens may lose the benefit of the main residence exemption. The Bill has passed the House of Representatives and is before the Senate. If passed it can apply to sales of homes[…]

Here and there: Residency for tax purposes

Determination of residency in Australian taxation law is a complex collection of four separate tests any one of which may deem a person to be a tax resident. A recent decision of the Federal Court1 will not only surprise but concern many tax professionals; particularly comments on Taxation Office Checklists[…]

Your marriage and your Will

On 9 December 2017, amendments to the Marriage Act 1961 commenced to redefine marriage as the ‘union of 2 people to the exclusion of all others, voluntarily entered into for life’. There are many couples celebrating these amendments which became effective at midnight on 8 December 2017. However, for those[…]