News

News

Separated but living under one roof? Here is what you need to know

May 26th, 2020

One impact of Coronavirus may be that more people find themselves separated from their spouse, but continuing to live together for a period of time.  In family law this is coined “separation under one roof” and there are important consequences to be aware of.

The most important thing about separating under one roof, is determining the actual date of separation.  This is typically the date where one spouse has the intention to separate, and that intention is clearly communicated to the other spouse.  There are many ways in which an intention to separate may be communicated and relevant factors include:

  • details of any conversation about separating between the spouses;
  • separating finances, including opening personal accounts and ceasing use of joint accounts;
  • a change in sleeping arrangements and living arrangements;
  • communication of separation to friends and family;
  • living separate social and public lives;
  • cessation of performing household duties for each other;
  • cessation of a sexual relationship; and
  • notifying government departments that you are separated, such as Centrelink.

It is also important to consider whether there has been any reconciliation of the relationship after the date that separation has initially been communicated.  Whether or not reconciliation has occurred can be a grey area requiring specific advice based on your circumstances.

The date of separation is very important as it triggers the following time limits for family law matters:

  • For married couples: You are only eligible to apply for a divorce 12 months after the date you separated. Once a divorce order is obtained, a further 12 month time limit is triggered for resolving all property division and spousal maintenance matters.
  • For de facto couples: You have two years after the date of separation to finalise both the division of your property and any spousal maintenance matters.

If property and spousal maintenance issues cannot be agreed to and formalised according to the requirements of the family law legislation, within the above time limits, then it may be necessary to commence court proceedings prior to the time limit expiring to protect your interests.

We recommend that you diarise the date that you have separated, including details of the separation and obtain independent legal advice as soon as possible after separation.

Our experienced family law team is here to help and can be contacted on 07 4036 9700 or enquiries@millerharris.com.au.

More

Businesses beware! Business name renewal invoice scams

May 21st, 2020

Many business owners carry on business using a registered business name.  Registered names need to be renewed from time to time.  Private company service providers now have access to the business names register information, and some offer “renewal services”.  Unfortunately, some of these service providers are sending business owners “renewal notices” which look very much like official renewal notices or invoices from the registry, and call for payment more than double the fee to renew directly with ASIC.  No doubt they hope that businesses will simply put the “renewal notice” into their payment systems without question.

You do not have to pay for renewal through these service providers.

It is cheaper and just as easy to renew through ASIC.

Renewing your business name through ASIC is cheap, easy and quick.  You can visit their website at asic.gov.au.

ASIC sends a business name renewal notice at least 30 days before your renewal is due.  We recommend that you bin all other renewal notices received from anyone other than the ASIC.

ASIC provides the option of renewing your business name for either:

  1. one year, which costs $36.00; or
  2. three years, which costs $85.00.

Other service providers charge more than double the amount required by ASIC.  Please contact us if you are uncertain whether an invoice from a service provider is legitimate or not.

Do you need a business name?

You are required to register a business name if you are trading under a name that is different from your own name or your company’s name.

It is important to have a business name which is currently registered.  Carrying on business under a name which is not your own name, and not registered as a business name, is an offence.  It is also possible that someone else might register the name which you are using, leading to confusion and disputes.

If you have any questions concerning the operation of your business, please do not hesitate to contact our experienced team on 07 4036 9700.

Wishing you all the success for your business!

More

Are your super and life insurance beneficiary nominations up to date?

May 5th, 2020

If you have finished (or are well and truly over) ‘Marie Kondo-ing’ your home, now is a good time to ensure that your superannuation and life insurance beneficiary nominations are in place and up to date.

What a lot of people don’t realise is that your superannuation and life insurance do not typically form part of your estate in the first instance to flow through your will.

In order to direct who your superannuation and life insurance is to go to, you should have beneficiary nominations in place with your superannuation funds and life insurance companies.

If you do not have a binding death benefit nomination in place (or your nomination has expired), the trustees of your superannuation fund have discretion to determine who they pay your superannuation death benefit to and in what amount, which may or may not be in accordance with your wishes.  Also, these nominations usually lapse every 3 years.

It is important that you read the beneficiary nominations carefully when completing as, while they may appear to be simple forms, they are still legal documents that require certain elements to be met in order to be binding and effective.

If you have any questions or would like assistance preparing your superannuation and life insurance beneficiary nominations, please do not hesitate to call our office on 4036 9700.

More