News

I Choose SA Day

When you choose SA products and services, you are helping that company employ people. These people are your friends, neighbours, your family and even you. Each time you choose SA, you’re having a positive impact on the future of our State.

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Newsletter September 2016

September update from the Commercial Team; clocks moving forward on 2 October and proposed reforms to SA liquor laws.

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Now I'm Separated! Who Pays for What?

When parties do decide to separate, there are often significant and important financial consequences that flow.  For example, one party moves out of the common residence (or matrimonial home) and must find alternative accommodation and will often have to rent a two or three bedroom house if there are children who move out with them.  All of a sudden, there are two sets of bills to pay, such as electricity, water, gas and, to a lesser extent, groceries.

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Recent developments in Transgender Rights

In recent weeks there have been 2 Bills introduced into both the Victorian Parliament and South Australian Parliament seeking to enable transgender people the opportunity to legally change the gender on their birth certificates without a Court’s approval.

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Secured or Unsecured - That is the Question

There is little doubt that a retention of title (ROT) claim arising after the commencement of the Personal Property Securities Act 2009 (Cth) (PPSA) is prima facie a“secured debt” for the purpose of Section 588FA of the Corporations Act 2001(Cth) (Act) and therefore outside the scope of the unfair preference claim regime.  Whilst the law is unclear, in my opinion, it is arguable that a pre-PPSA ROT claim is not sufficient to constitute a security to defeat an unfair preference claim.

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Womens Lawyers Association of SA AGM

The Women Lawyers’ Association South Australia Inc, AGM was held last night, Shelley O'Connell and Shannon McMenamin of Clelands Lawyers have been elected to the committee. Shelley has been a committee member since 2006 and is current Vice President and Shannon commenced as administrative assistant in 2015, becoming a committee...

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Newsletter August 2016

Welcome to the August 2016 Legal update, we consider the importance of a Will, explore superannuation and estate planning, and strategies to prevent a Will from being challenged.

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Proposed Family Law Act amendments

Amends the Family Law Act 1975 to: amend the financial agreement regime to remove existing uncertainties around requirements for entering, interpreting and enforcing agreements, make changes to the coverage of spousal maintenance matters in agreements, provide for a statement of principles to outline their binding nature, and to reinforce the binding nature of the agreements..

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Separation After 27 Years!

A separation of finances and all of the circumstances relating to each particular relationship must be carefully considered.  Just because people live together in a de facto relationship or indeed are married for a long period of time does not as a matter of course mean that the interests in property that they have will be altered.  In this particular case, one party had net assets of approximately $720,000 whereas the other party had net assets of approximately $1,700,000, there being a disparity of close to $1m.

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Everyone's a Winner!!

In a case decided by the Family Court about 18 months ago, the Family Court was asked to rule on whether a large x-lotto win of $6 million by the wife, 6 months after the parties had separated, but before any final settlement had been agreed should be available to be divided between the parties. The Court stated that the answer to this question will normally depend on the circumstances of the relationship when the ticket was purchased.

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Treatment of Military Super

Hi marriage broke down and assets were divided with his ex-wife.  Mr Campbell said he then realised his invalidity pension was included in his superannuation, and would also be split with his ex-wife.

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Over Capitalisation & Wastage in Family Court Matters

There are examples that come before the Family Court each year where financial contributions towards the improvement of real estate are not given full credit if those contributions result in over capitalisation.  For example, in some cases significant financial contributions by one party such as the installation of an in-ground swimming pool which have added no value to the real property have been given limited credit by the Court when assessing each of the spouse’s overall contributions.

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