Selling a Business, Tax and Property Proceedings
I WANT TO SELL MY BUSINESS AND RETIRE? I AM IN THE MIDDLE OF FAMILY LAW PROPERTY PROCEEDINGS. WHAT TAX WILL I HAVE TO PAY? When selling a business you always have to be aware of the tax implications of any proposed sale. This can become further complicated if you are anticipating retirement and then […]
Legal Cases David H. Cohen and Co have Won
CASES THAT WE HAVE WON We have a proven record in representing clients in a number of areas. This article serves as a sample of some of the cases we have won. As many cases are confidential we have summarised the facts without citing the Case Name. Our BLOG Articles give details of how these […]
Self-Incrimination in the Family Court: What is a S128 Certificate?
SELF-INCRIMINATION DEFINITION: It is where a person is not required to answer any question or produce any document if the answer or the document could expose the person to conviction for a crime. FAMILY COURT JURISDICTION: S128 Evidence Act 1995 (Cth) (EA) provides that, “A witness may object to giving particular evidence or evidence on […]
What is a S60i Certificate?
In parenting matters, the central focus at every level of the proceedings, is to ensure the well-being of the children. Parents are encouraged to try to work out a sensible parenting plan that will allow the children to spend quality time with each parent that avoids the risk of conflict or any harm to the […]
What is an ICL?
Children’s Best Interests The Court must promote the best interests of the children. Any parenting order must reflect this. The Court will appoint an Independent Children’s Lawyer (ICL) to assist in achieving this outcome. It may be helpful to outline the role and responsibilities of the ICL and how they assist separated parties in promoting […]
Australian Family Law Parenting Steps
STEPS TO SETTLING PARENTING ISSUES Ending a relationship is difficult for all parties but can be extremely confusing and unsettling for children. The sections of the Australian Family Law Act 1975 (Cth) (“the Act”) that deal with arrangements for children of a separating couple, have as their focus the “best interests of the children”. The […]
The Family Law Process
PROPERTY CASES I have to go to a CAC. Then a CDC or a Conciliation Conference or a Financial Case Assessment. What are they talking about? It can be difficult working out what to do when your relationship breaks down. Maybe you have had to find a place to rent and suddenly have extra bills […]
Criminal Law Definitions
NO BILL NOT GUILTY ACQUITTAL VERDICT BY DIRECTION WHAT’S THE DIFFERENCE? Legal Terminology The legal system with its specialised terminology and procedures can be quite confusing. When someone is arrested and charged with a criminal offence, the offence will be categorised according to its level of seriousness: SUMMARY or INDICTABLE. Summary Offence This is […]
My Son was Caught with Ice. Will he Have to go to Gaol?
Not necessarily. Each case is different but we have represented a number of adolescents and young people who have been charged with illegal drug offences. They have gone on to lead productive lives and gain secure and fulfilling employment. Role of Psychological Reports Too often young people fall between the cracks. They may have learning […]
How do the Family Courts treat Superannuation?
In property settlements in Australia, Superannuation forms part of the property pool. Each party must make full disclosure of the current amount of the benefit in their Superannuation schemes. The Four-Step Approach to Resolving Property Divisions In summary, the Courts traditionally follow a four-step pathway to work out how to divide the total property of […]