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Practice Manual Main Page Marshalls and Dent Client Information Other Family Law Information Family Law - Articles and Papers
Articles of general interest to lawyers are summarised below. If you have an article or paper you feel should be included here, please email Peter Szabo. In some cases you may have to purchase the relevant paper or article from the organisation responsible for publishing it.
Contents
- Forsythes Family Law Value Handbook
- Jewish Religious Divorces - Getting a Gett in Austalian Courts - Andrew Strum (barrister at law - Melbourne)
- Post Separation Shock - Family Law - Property - Bankrupcy Issues and Claims against Banks via the Australian Banking Industry Ombudsman ("ABIO").
- Financial Agreements
Jewish Religious Divorces - Getting a Gett in Austalian Courts - Andrew Strum (barrister at law - Melbourne)
This article considers what the Australian civil legal system can do to assist a spouse who wishes to receive or to grant a gett or Jewish bill of divorce, thereby dissolving the Jewish marriage. It does not advocate reform of halakhah (Jewish law) or halakhic (Jewish legal) solutions. Rather, this article advocates the civil courts giving their support to the religious courts in matters of Jewish divorce. However, for reasons discussed below, it is not suggested that the civil courts should directly order a recalcitrant spouse to grant or accept a gett.
This article is substantially based on papers delivered by the author at a symposium on "Jewish Divorce and the Plight of the Agunah: The Orthodox Response in England and Australia", which he addressed together with Lord Jacobovits, Emeritus Chief Rabbi of the Commonwealth and member of the House of Lords, in Adelaide on 2 June 1996 and at a conference on "Interfaces of Jewish and Secular Law" at the University of Melbourne on 23 February 1997. Published here with kind permission from the author.
Post Separation Shock - Family Law - Property
Bankrupcy Issues and Claims against Banks via the Australian Banking Industry Ombudsman ("ABIO").Presented at the Leo Cussen Institute Victoria on 5 September 2000
Presenters : Elisabeth Wentworh, Legal Counsel, ABIO, Dr Dorothy Kovacs, Barrister-at-Law, and Peter Szabo, Marshalls and DentThe papers deal with problems that can arise with maintenance and propery orders as a result of one of the parties becoming bankrupt. Tips are offered on how to preserve the assets of the parties for the benefit of the family where possible. Also covered is the Australian Banking Industry Ombudsman's role in facilitating claims against banks in matrimonial proceedings. In cases where banks "do the wrong thing" by a spouse and allows the other spouse to abscond with funds leaving behind a heavy mortgage or overdraft, there may be a remedy via the ABIO. The ABIO jurisdiction covers claims up to $150,000.00 can be made, without lawyers being involved. Particular care must be taken in finalising property orders to preserve possible claims. The powerpoint summaries are available for downloading in PDF format. The full papers can be purchased from the Leo Cussen Institute of Victoria on line.
PDF format - Summary points of paper by Elisabeth Wentworth
PDF format - Summary points of paper by Dorothy Kovacs
PDF format - Summary of Commentary by Peter Szabo
Binding Financial Agreements - Seminar given at Leo Cussen Institute on 5 December 2000
Commentary to be inserted by 16 January 2001. Enquiries - ring LiMing Teh at Leo Cusson on 03 96023111
Chair - Michael Taussig, QC
Presenters, Olivia Nikkou, SC, Peter Szabo and Miranda Milne.Main issues with Financial Agreements, what to put in them and pitfalls to avoid.
Sample certification clauses and a case study are provided.
Download the summary presentations, and get the full papers from Leon Cussen.
Good starting point if you need to prepare or critique a Financial Agreement.Summary points by Peter Szabo - PDF format
Case Study - Pdf Format
Sample Agreement - PDF formatForsythes Family Law Value Handbook (download PDF)
Forsythes of Newcastle have produced a first class publication covering the topics listed below.
Excellent reading and a "must have" for the serious Family Lawyer. Forsythes has a specialist Litigation Support division as well as IT, Recruitment, Accounting and Financial Planning. For more information contact Forsythes.
- Valuation principles and methodologies 2
- Capitalisation of estimated future maintainable dividends 2
- Net present value of projected cash flows 3
- Capitalisation of estimated future maintainable earnings 3
- Net asset backing assuming an orderly realisation 4
- Rules of thumb 4
- Goodwill 5
- Minority discount 5
- Tax and realisation costs 6
- Shareholder loan accounts 7
- Valuing liabilities 7
- Tax consequences of property settlements 8
- Capital Gains Tax (CGT) consequences 8
- Goods and Services Tax (GST) consequences 10
- Division 7A consequences (deemed dividends) 10
- Cases
- Valuation methodology 11
- Minority discount 12
- Tax and realisation costs 13
- Superannuation
- Components of super (preserved v non-preserved) 14
- Calculation of tax on benefits 15
- Family Law Legislation Amendment (Superannuation) Bill 2000 17
- Tables
- Income tax rates 18
- Sperannuation tax rates 19
- CPI index factors 20
- Life expectancy 21
- Costs of maintaining children - Lee / Lovering 22
- Public Holidays 2001 / 2002 / 2003 / 2004 23
- School holidays 2001 / 2002 23
- Information required for a valuation
- Individuals (parties to the proceedings) 24
- Superannuation benefits 24
- Entities / businesses 25-26
- Financial institutions 27
- Australian Securities and Investments Commission 27
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