Tuesday, September 28, 2021

Division 7A and (un)forgiven** debts

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Where a debt owed by a taxpayer to a company is forgiven, this will generally trigger the operation of Division 7A. This means that the amo...
Tuesday, September 21, 2021

No debate** - Can shares be owned as tenants in common?

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Recent posts have considered various aspects of the rules in relation to assets owned as joint tenants. Another aspect of the rules in this...
Tuesday, September 14, 2021

Assuming makes an a%& of you and me ... presumptions** and jointly owned assets

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Last week’s post considered various aspects of the rules in relation to assets owned as joint tenants. At law there is a presumption that wh...
Tuesday, September 7, 2021

The youngest, modern-est**, most beautiful-est ... and 'wealthiest'

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Previous posts have considered the distinction between owning an asset as joint tenants compared to tenants in common. One aspect of the rul...
Tuesday, August 31, 2021

Before too long ** - when not even living together is a de facto relationship

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As previous posts have touched on, in order to be in a de facto relationship, two people need to ‘live together as a couple’. The case of N...
Tuesday, August 24, 2021

Non-lawyers providing full (legal) services**

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One issue that often arises is the liability of non-practicing lawyers and those advisers without any legal qualification who facilitate the...
Tuesday, August 17, 2021

Guiding (star)** principles on trust interpretation

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Following the post last week I was reminded of a related issue from the case of Harris v Rothery [2013] NSWSC 1275 that provides useful gui...