If you're going overseas to get married, then you would not be able to apply for a marriage certificate in Australia until that marriage was attended by an authorised Celebrant. Generally, overseas marriages are recognised in Australia if the marriage is recognised in the country where it took place and it fulfils the requirements of a valid marriage under the Marriage Act 1961. The requirements for a valid marriage under the Marriage Act 1961 are as follows:

Taking an example, requirements of a valid marriage in India under the Hindu Marriage Act 1955 are similar to the requirements mentioned above apart from the one, that the bridegroom must have completed the age of 21 and bride completed the age of 18 years at the time of marriage.

However, requirement under the Hindu Marriage Act 1955 for solemnization is not based on registration, and rather, under Section 7 is based on rites and ceremony which includes Saptapadi (taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken. Further, Section 8 mentions that the validity of any Hindu marriage shall in no way be affected by the omission to make the entry in a register of marriages.

Hence, in the event where a Hindu couple validly married in India arrives in Australia without a marriage certificate could have trouble proving their marriage under Section 88G of the Marriage Act 1961, where prima facie evidence required is a document in the form of a certificate, record or entry of marriage issued by an authority of that Country. Having trouble proving your marriage in Australia then please get in touch with us.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

 

Under the Australian laws, the paramount consideration shall be given to the best interests of the child which means to ensure that children’s interests are preferred over those of any other party, for example, proper parenting to help them achieve their full potential, and to ensure that parents fulfil their duties regarding care, welfare and development of their children.

With respect to parenting orders and child relocation the court must consider the following factors when assessing what is in the best interests of a child under section 60CC of the Family Law Act:

However, the court may deny a request to relocate, if the motive for relocation appears to limit the other parent’s access to the child. The above factors are to be considered alongside any history of family violence, abuse or neglect involving the child or a person caring for the child. Any family violence orders that apply must also be considered.

However, in many instances the competing interests of the disputing parents may eclipse the best interests of the child. Holistically, the best interest of the child is that the separation and divorce proceedings shall be determined peacefully and as expeditiously as possible so as to maintain the parental focus towards the child’s development and growth. Please get in touch in case you are concerned about your child’s best interest with respect to a family law issue.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

If you're going overseas to get married, then you would not be able to apply for a marriage certificate in Australia until that marriage was attended by an authorised Celebrant. Generally, overseas marriages are recognised in Australia if the marriage is recognised in the country where it took place and it fulfils the requirements of a valid marriage under The Marriage Act, 1961. The requirements for a valid marriage under The Marriage Act, 1961 are as follows:

Taking an example, requirements of a valid marriage in India under The Hindu Marriage Act, 1955 are similar to the requirements mentioned above apart from the one that bridegroom must have completed the age of 21 and bride completed the age of 18 years at the time of marriage.

However, requirement under The Hindu Marriage Act, 1955 for solemnization is not based on registration and rather under Section 7 is based on rites and ceremony which includes Saptapadi (taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken. Further, Section 8 mentions that the validity of any Hindu marriage shall in no way be affected by the omission to make the entry in a register of marriages.

Hence, in the event where a Hindu Couple validly married in India arrives in Australia without a marriage certificate could have trouble proving their marriage under Section 88G of the Marriage Act 1961, where prima facie evidence required is a document in the form of a certificate, record or entry of marriage issued by an authority of that Country. Having trouble proving your marriage in Australia then please get in touch with us.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

A Binding Financial Agreement is a necessity not a choice - A stark difference between family law in Australia and India with respect to division of property between a couple on separation or divorce

Family law in Australia is in stark contrast to family law in India as a result of law based on personal laws in India and not on common law. For example, in India, a Hindu wife and husband could own their properties separately throughout the marital relationship, including separation or divorce. Particularly, Section 14 of the Hindu Succession Act 1956 clearly codifies that property of a female Hindu is her absolute property, including both movable and immovable property. The only liability which could arise on separation in India, in relation to Hindu couple, is maintenance.

At common law, once married, a husband and a wife become one entity and so do their properties; termed as a property pool/matrimonial asset pool.  Unfortunately, even inheritance and gifts are not protected assets. On separation and divorce, the Courts in Australia, for the division of properties, treat each case differently depending upon the circumstances of the parties such as each party’s financial contributions to the relationship, duties of each party, and the ongoing and future financial needs of each party. Though the proportion in which the division of asset pool would be made depends on many factors such as timing of inheritance/asset received/earned before, during or after the relationship/marriage; whether the asset was being used jointly during the relationship/marriage or it was kept separate; size of inheritance/assets; in case of will or gift, the intention of the testator or benefactor; any contribution of the other partner towards the asset to enhance its value or convert it into something of use, for example, an old apartment renovated using partner’s funds for renting purpose.

Entering into a binding financial agreement with your partner before marriage or even during marriage is the best option to prevent your assets from being considered a part of the matrimonial asset pool. For a binding financial agreement to be legally binding, it is essential to have consent of the other partner and that the partner must have received an independent legal advice from a lawyer. Though a binding financial agreement may or may not stand its test in a Court but it is always better if a professional lawyer has drafted it so as to make sure that each factor is taken care.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

What is a Director Penalty Notice?

Directors of a company are responsible for ensuring that the company complies with its tax and superannuation obligations, such as ‘pay as you go’ withholding tax (PAYGW), net Goods and Services Tax (GST) and Superannuation Guarantee Charge liabilities (SGC).

The ATO may choose to recover the unpaid amounts from either the company directly or from the directors personally by issuing a Director Penalty Notice (DPN).

Therefore, as a director, if your company fails to meet the above obligations and lodge its returns accordingly within the due date, you will be held personally liable for your company’s tax debts. If a company has more than one director, the ATO may in its discretion recover the company’s unpaid amounts from each of the directors equally.

 

When are you likely to receive a DPN?

DPN liability is triggered in two different scenarios:

  1. Where your company has lodged its Business Activity Statements (BAS), Instalment Activity Statements (IAS) and/or SGC statements within 3 months of the lodgement due dates and have reported the unpaid amount of PAYGW, net GST and/or SGC; or
  2. Where your company has lodged its BAS, IAS and/or SGC statements and reported the unpaid PAYGW, net GST and/or SGC amounts to the ATO after more than 3 months after the lodgement due date, or
  3. Where your company has failed to lodge and report the unpaid PAYGW, net GST and/or SGC amounts for more than 3 months after the lodgement due date.

 

What should you do when you receive a DPN?

In case of the first scenario above, you will have a 21-day window to comply with the Notice by either:

  1. paying the specified penalty amount in full,
  2. negotiating a payment plan with the ATO to settle your company’s outstanding debts,
  3. appointing an administrator or small business restructuring practitioner to the company as per the Corporations Act 2001 provisions, or
  4. appointing a liquidator to wind up your company.

In the second and third scenarios above, you will be required to remit payment of the unpaid amounts in full in order to comply with the penalty notice.

 

New Directors and Resigning Directors are not Exempted

If you are a newly appointed director, you will still be liable for director penalties on your company’s unpaid tax amounts that were due before your appointment, unless you ensure that your company does the following within 30 days of your appointment:

  1. pays its debts in full for PAYG withholding, net GST from 1 April 2020 and SGC from 1 April 2012;
  2. appoints an administrator or small business restructuring practitioner under the Corporations Act 2001 provisions; or
  3. your company commences winding up.

Kindly note that even if you resign as a director within 30 days of your appointment, you will not be absolved of your liabilities as a new director.

Similarly, resigning directors will continue to remain liable for directors penalties in relation to their company’s outstanding tax liabilities that were due and payable before their date of resignation. In case of liabilities that arise after the date of resignation, you, as a resigning director, will continue to remain liable, if the first withholding event (for PAYG withholding and GST) and/or the SGC for the reporting period occurs or becomes payable before the date of your resignation.

How is it enforced?

In the event that you fail to comply with the notice within 21-day period specified above, the ATO will commence recovery actions against you for the company’s unpaid tax debts. This may be done by either:

  1. issuing a Garnishee Notice,
  2. off-setting any of your personal tax credits against the director penalty amounts, or
  3. by initiating legal debt recovery proceedings against you for the unpaid overdue amounts.

 

Defences

As a director, you will not be personally liable for a DPN if you can establish one of the following defences:

  1. Illness: If the director not take part, and it would have been unreasonable to expect the director to take part, in the management of the company during the relevant period due to illness or another acceptable reason; or
  2. All reasonable steps: If the director took all reasonable steps to ensure that the Company:
  1. Reasonably Arguable Position: This defence applies in the case of unpaid SGC liabilities, wherein the company treated the Superannuation Guarantee (Administration) Act 1992 as applying in a way that could be reasonably argued, was in accordance with the law, and took reasonable care in applying that Act.

The courts have held that a defence must cover the entire period that the director was under an obligation to ensure that their company’s liabilities were paid, including the period of the breach, due date, and expiry of the notice. Furthermore, a defence will not be valid if the director relied on others to meet their own obligations, such as other directors or professional advisors, or if they did not participate in the management of the company. Such conduct would constitute a breach of duty regardless of whether the director is aware of this or not.

 

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

In an action brought forth by the Australian Competition and Consumer Commission (ACCC), Secure Parking has been fined almost $11 million for engaging in misleading conduct and making false representations to its customers.

Operating more than 600 car parks across Australia, Secure Parking has been one of the nation’s most well-known and trusted parking companies. From July 2017 to June 2022, Secure Parking’s ‘Secure-a-Spot’ online booking service faced significant backlash for claiming to reserve spaces whilst being unable to fulfil these bookings due to delays in system updates.

Despite being advertised across social media, email correspondence, and other marketing methods, ‘Secure-a-Spot’ was not a guaranteed service, leading to inconvenience and monetary loss across more than 10 million bookings between 2017 to 2022.

Secure Parking has admitted to making false or misleading representations to its customers, and has fully cooperated with proceedings and the ACCC.

Alongside the fine, the Federal Court of Australia have ordered Secure Parking to display notice of the ongoing case on their website, as well as conduct an internal review of the company’s process of handling complaints and compliance with Australian Consumer Law.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

The rules around riding a bike can be quite complicated.

For starters, there are strict laws in place for pillions(passengers of a motorcycle/ motor scooter). The passenger of a motor bike/ scooter must be above the age of 8 unless the passenger is in a sidecar. Previously the law was that the pillion only needs to be able to reach both footpegs of the bike. A motorcyclist can only carry 1 pillion passenger if they have a provisional P2 licence. Once receiving a full riders licence, they can carry the amount of passengers that their vehicle is designed for.

 

Now, what is the minimum age for riding a bike? To get your learners rider licence which qualifies you to ride a motorbike, motor scooter, trike or three-wheeled scooter on NSW roads be at least 16 years and 9 months of age whereas getting a drivers licence, you only need to be 16.

There are a lot of rules though which concern children who ride bicycles and e-bikes. For starters,  bicyclists under the age of 16 are only legally allowed to ride on the pathway unless there is a sign that says not to. 

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

Former Premier of NSW and member for Willoughby, Gladys Berejiklian, has lost her appeal to overturn the Independent Commission Against Corruption’s (ICAC) findings that she engaged in ‘serious corrupt conduct’ alongside former member for Wagga Wagga, Daryl Maguire.

 

On the 26th of July 2024, the NSW Court of Appeal dismissed all 13 grounds and dismissed Ms Berejiklian’s application for a judicial review of the ICAC’s findings.

 

In 2023, the ICAC found that between 2012 and 2018, Mr Maguire improperly used his office and resources as a member of Parliament to benefit a company he was a director for, G8wayInternational Pty Ltd, as well as failing to disclose his position and interest towards the same in accordance with the Constitution (Disclosure by Members) Regulation 1983.

 

Furthermore, Mr Maguire and Ms Berejiklian were found to be involved in an undisclosed personal relationship whilst the former Premier had presided over the Expenditure Review Committee’s (ERC) meetings which approved Maguire’s interest in grants of public monies for the Australian Clay Target Association (ACTA) and the Riverina Conservatorium of Music (“the RCM”).

 

The Commission found that the former Premier engaged in ‘serious corrupt conduct by breaching public trust’ in relation to her exercise of power without disclosing her personal relationship with Mr Maguire, creating a position of a conflict of interest which was likely to influence her public duty and role.

 

In the majority dismissal by Chief Justice Andre Bell and Court of Appeal President Julie Ward (with Justice Anthony Meagher dissenting), it was found that on the evidence, the former Premier “understood or believed that by supporting these two [funding] proposals she would please Mr Maguire… and thereby strengthen or secure their underlying relationship.”

 

“Serving the people of NSW was an honour and privilege which I never took for granted” said the former Premier in a statement following the Court of Appeal’s decision.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

Children born or raised from separated households still have the ability to flourish and be cared for just as well as families without separated parents. The steps to this resolution, however, involve continuous support and attention from both carers and all parties involved in the situation in order to maintain positive relationships with relatives, and crucial individuals present in their lives, where safety is concerned.

 

Children’s Needs

The needs of a child in an emotionally stressful situation such as the separation of their parents should be heavily considered and met to the best possible standard. This might resemble validating your child’s concerns, reassuring them, allowing them to make their own decisions, where safe, and avoiding expressing your personal issues with your child. Ultimately, prioritising their wellbeing should be your focus.

 

Parenting Arrangements

Making legal arrangements for your child should be undertaken while discussing their best interests.  Factors to consider when formatting arrangements is:

If arrangements can be agreed on, then a parenting plan can be made or formalities such as a consent order to officiate the arrangement. If an agreement cannot be met, however, the next step might be a dispute resolution or mediation. As a last resort, you can apply to the court for parenting orders.

 

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809

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