by ROBERT | Oct 20, 2023 | Asset protection, Succession
A married couple, Mario Caruso and Catherine Whitty, purchased a property to be their matrimonial home. To help fund the purchase, Caruso obtained a loan from his siblings. As part of the transaction, Whitty executed a deed appointing Caruso as her attorney to sell...
by ROBERT | Oct 18, 2023 | Asset protection, Debt recovery
The High Court allows an appeal concerning whether a wife holds a marital home on trust for her husband. The wife purchased the property using loans in both spouses’ names, but title was solely in her name. The Commissioner obtained a declaration in the Full...
by ROBERT | Sep 27, 2023 | Asset protection, Succession
In 1995, Peter Smeaton engaged a solicitor, Joseph Pattison, to prepare a new will leaving his share of investment properties held in joint tenancy with his wife to his 4 children. The solicitor advised Mr Smeaton to execute transfers of his interest to sever the...
by ROBERT | Sep 11, 2023 | Bankruptcy, Debt recovery
This decision by the Honourable Justice Collier of the Federal Court of Australia illustrates how time limits are calculated and that sometimes failing to meet the time limit by any amount of time leaves the court with no ability to consider the merits or justice of...
by ROBERT | Jul 2, 2018 | Asset protection, companies, taxtation
Taxation Ruling TR 2018/5 sets out the Commissioner of Taxation’s views as to when a foreign incorporated company will be considered a resident in Australia for tax purposes. The ruling is in response to the High Court Decision in Bywater Investments Limited v...
