Family Law 17.11 “Child Support”
Updated by Professor Mirko Bagaric, Dean of Law, School of Law, Swinburne University of Technology

This Subtitle deals with the administrative assessment and enforcement of child support under the Child Support (Assessment) Act 1989 (Cth) and the Child Support (Registration and Collection) Act 1988 (Cth). This update includes the “Costs of the Children Table 2024”, which is published annually by the Department of Social Services. The process for a decision to be reviewed by the Administrative Review Tribunal is also addressed.

Key Legislation: Administrative Review Tribunal Act 2024 (Cth); Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Family Law 17.15 “Valuation of Property and Tax and Revenue Issues”
Updated by Grant Kepler, Director, Lonergan Edwards & Associates Limited and Julie Planinic, Joint Managing Director, Lonergan Edwards & Associates Limited

This Subtitle discusses valuation, tax and revenue issues that arise in family law matters. There were various areas featured in this update, including the issue of the values of goodwill in business and company valuations, the treatment of valuation of liabilities in the Family Court, the 2003 and 2005 amendments of the Family Law 1975 (Cth) and valuation of trusts.

Key Cases: Xin v Qinlang (No 2) [2020] FamCA 399; Earwood & Earwood [2021] FedCFamC2F 631.

Family Law 17.17 “Property and Financial Adjustment in De Facto and Domestic Relationships”
Updated by Kate M Bonney, Barrister, Brisbane Chambers

This Subtitle provides an overview and discussion of statutory jurisdiction affecting financial claims and agreements between de facto partners and, in some jurisdictions, parties to other domestic relationships. This update outlines the terminology used that deals with financial adjustment in relationships other than legal marriage, which varies across different Australian jurisdictions.

Revenue Law 31.13 “Planning and Anti-avoidance Measures”
Updated by Miles Hurst, Partner, Baker McKenzie and Alexandra Stead, Senior Associate, Baker McKenzie

This Subtitle discusses the specific anti-avoidance provisions which are dispersed throughout both the Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997 (Cth). This update discusses Draft Practical Compliance Guideline PCG 2024/D2, which sets out when the Commissioner considers the ATO will be more likely to apply compliance resources to consider the potential application of Pt IVA of the Income Tax Assessment Act 1936.

Key Cases: PepsiCo Inc v Federal Commissioner of Taxation (2024) 303 FCR 1; [2024] FCAFC 86; Minerva Financial Group Pty Ltd v Federal Commissioner of Taxation (2024) 302 FCR 52; [2024] FCAFC 28; Mylan Australia Holding Pty Ltd v Federal Commissioner of Taxation (No 2) [2024] FCA 253; Federal Commissioner of Taxation v Michael John Hayes Trading Pty Ltd [2024] FCAFC 80.

Revenue Law 31.15 “Stamp Duties”
Updated by Trevor Snape, Technical Editor and Contributing Author, Australian Tax Handbook

This Subtitle comprehensively outlines the imposition of stamp duty on various instruments and transactions in the States and Territories. This update features the rates of duty for general conveyances, acquisitions or transfers of real property and property tax. It also addresses the option of first home buyers in New South Wales of paying an annual property tax instead of stamp duty, and that stamp duty for commercial and industrial properties has been phased out in Victoria.

Key Legislation: Taxation Administration (Amounts Payable – Motor Vehicle Duty) Determination 2024 (ACT); Commercial and Industrial Property Tax Reform Act 2024 (Vic).

Currently scheduled updates (subject to change):

• Aboriginal and Torres Strait Islander Peoples 1.6 “Civil Justice Issues”
• Administrative Law 2.7 “Other Forms of Review and Appeal”
• Environment and Natural Resources 14.11 “Fisheries”