Tonight: Section 90AE, Family Law Act and the trio in property settlement proceedings: tax, trusts and third parties

20/02/2023

Online - Monday, 20 February 2023

Join the Family Care and Adoption Committee for a CPD conducted by Scott Richardson of Culwulla Chambers from 5.00pm on Monday, 20 February 2023.

Section 90AE of the Family Law Act 1975 (Cth) is a powerful provision because it can result in outcomes such as an alteration of third party rights in property or a taxpayer being relieved from a tax debt. It deserves careful attention. This CPD will examine the operation of s 90AE, including the ambit of the court’s powers and the safeguards to protect third party interests. Issues to be considered include:

  • The breadth of the court’s power to alter the rights, liabilities or property interests of a third party to a marriage or a de facto relationship;
  • The court’s power to direct a creditor to substitute a party to a debt; = The use of section 90AE in respect of tax liabilities and the Commissioner of Taxation’s approach to the provision;
  • The significance of section 90AE as against a taxpayer’s rights and obligations under taxation laws;
  • The process of joining a third party and key considerations in seeking relief under section 90AE.

To register for this CPD, please click here. This CPD will be run by registration only. Numbers are limited.


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