Trusts Update – Surcharge Taxes for Foreign Trusts

By Ella McNamara • In Estate PlanningComments Off on Trusts Update – Surcharge Taxes for Foreign Trusts

New South Wales In New South Wales, from the start of the 2017 land tax year a surcharge land tax at the rate of 0.75% will be applied to acquisitions of residential land by a ‘foreign person’. This surcharge land tax will be payable in addition to any existing land

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Update – Facebook ‘Legacy Contact’ Feature Now Available in Australia

By Ella McNamara • In Estate Planning, EstatesComments Off on Update – Facebook ‘Legacy Contact’ Feature Now Available in Australia

Following our recent article on the introduction of Facebook’s ‘legacy contact’ feature for users in the United States, Facebook has now made the feature available for Australian users from 13 May 2015. Australian Facebook users who are over the age of 18 years now have the ability to appoint a

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An End in Sight? Gina Rinehart’s Eldest Daughter Bianca Rinehart Given Control of $4 Billion Family Trust

By Ella McNamara • In Estate Planning, LitigationComments Off on An End in Sight? Gina Rinehart’s Eldest Daughter Bianca Rinehart Given Control of $4 Billion Family Trust

Most readers would be familiar with the highly publicised ongoing legal dispute between members of the Rinehart family concerning the lucrative Hope Margaret Hancock Trust (‘the Trust’). The Trust is valued at over $4 Billion in assets, including a substantial shareholding in the family’s flagship company Hancock Prospecting. In September

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SUPERANNUATION NEWSFLASH: Recent cases highlight the need for proper Estate Planning advice

By Ella McNamara • In Estate PlanningComments Off on SUPERANNUATION NEWSFLASH: Recent cases highlight the need for proper Estate Planning advice

Two recent decisions have highlighted the importance of proper Estate Planning advice in relation to your superannuation, particularly in respect to entitlements held in Self-Managed Superannuation Funds. Ioppolo v Conti In the Western Australian case of Ioppolo & Conti [2015] WASCA 45, the Court of Appeal had to consider the

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Who can inspect a Will or obtain a copy of a Will?

By Ella McNamara • In Estates, WillsComments Off on Who can inspect a Will or obtain a copy of a Will?

Under the Succession Act, a person can inspect a deceased Will-maker’s original Will or obtain a certified copy of a deceased Will-maker’s original Will if they are: mentioned in the Will in any way, whether by name or not; mentioned as a beneficiary in any earlier Will of the deceased

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Informal Electronic Wills – Issues and Pitfalls

By Ella McNamara • In Estate Planning, Estates, WillsComments Off on Informal Electronic Wills – Issues and Pitfalls

The unusual case of the iPhone Will In the case of Re: Yu [2013] QSC 322 the Court had to decide whether a document prepared by a man using the “Notes” Application on his iPhone (the document) was a valid Will. The document appointed the man’s brother as his Executor

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International Wills Now Imminent

By Ella McNamara • In Estate Planning, WillsComments Off on International Wills Now Imminent

On 10 September 2014 Australia acceded to the UNIDROIT Convention’s uniform law in relation to International Wills. These uniform laws will come into force in Queensland on 10 March 2015. International Wills that comply with the uniform law will be recognised as a valid form of Will by the courts

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Update – Amendments to the Building and Construction Industry Payments Act 2004 (Qld) Postponed

By Ella McNamara • In Commercial LawComments Off on Update – Amendments to the Building and Construction Industry Payments Act 2004 (Qld) Postponed

Further to our recent article, the key amendments to the Building and Construction Industry Payments Act 2004 (Qld) which were due to come into effect from 1 September 2014 have been delayed. Please see the following update from the Queensland Law Society: “Queensland Law Society has received correspondence from Tim Mander

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Amendments to the Building and Construction Industry Payments Act 2004 (Qld)

By Ella McNamara • In Commercial LawComments Off on Amendments to the Building and Construction Industry Payments Act 2004 (Qld)

Key amendments to the Building and Construction Industry Payments Act 2004 (Qld) (“the Act”) will come into effect from 1 September 2014 and will affect contracts entered into after this date. The Act applies to all commercial construction contracts in Queensland (including the supply of related goods and services). As

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Civil Partnerships Act 2011

By Ella McNamara • In Family LawNo Comments

The Family Law Act 1975 as amended, recognises cohabitating same sex couples as de facto couples having the same rights as any heterosexual couple. Currently, same sex couples are able to register their domestic relationships in New South Wales, Victoria and Tasmania and civil partnerships are performed in the ACT.

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