Family Law Insider | November 2022

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Welcome to RSM's Family Law Insider.

A quarterly publication providing critical and timely insights for family law professionals.


This quarter’s edition of the Family Law Insider aims to provide some important considerations as we fast approach the end of the calendar year.

In light of Western Australia passing laws to allow separating de facto couples to split their superannuation benefits, Sam Hughes outlines what happens to super and SMSF membership in the event of a split. 

Our remaining articles focus on the gifting of real property and transfers for natural love and affectionFamily Law Insider for Law Professionals

Simeran Cheema discusses the recent High Court decision in Bosanac v Commissioner of Taxation [2022] HCA 34 and how the actual facts and actions of the parties are critical in deciding whether the presumption of advancement applies.

When it comes to business valuations, Stephanie McAuliffe explains that transfers for natural love and affection are largely ignored to ensure the earnings utilised for the valuation are on a commercial arm’s length basis. 

On the flip side, transfers for natural love and affection are a key part of a Bankruptcy Trustee’s investigations. Shannon O’Connor takes you through the key areas of the Bankruptcy Act for families to be aware of when considering making such a transfer. 

We hope you enjoy this quarter’s edition of the Family Law Insider. Do not hesitate to reach out to one of the RSM Family Law support team if you would like further information.

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Family Law insider Articles

Self-managed super funds and divorceSelf-managed super funds and divorce

By Sam Hughes (3 min read)

Western Australia has recently brought itself in line with the rest of Australia by passing laws to allow separating de facto couples to split their superannuation benefits. Sam summarises some considerations of what happens to your super and your ongoing membership of the SMSF in the event of a split. 

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Protecting the family homeProtecting the family home

By Simeran Cheema (2min read)

A recent High Court decision, Bosanac v Commissioner of Taxation [2022] HCA 34, delivered on 12 October 2022 has upheld two important presumptions in equity, these being the presumption of resulting trust and the presumption of advancement. 

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Natural love and affection in business valuationsNatural love and affection in business valuations

By Stephanie McAuliffe (2 min read)

When completing a business valuation on an earnings basis for family law matters (or for any reason), we are largely conducting an exercise of comparison - how do the profits (“earnings”) of this business compare with the earnings generated by others in the same industry

We've set out below some key points to note...

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Is natural love and affection valid consideration for transfer of property?Is natural love and affection valid consideration for transfer of property?

By Shannon O’Connor (2 min read)

The transfer of property for “natural love and affection” quite literally means that the person is gifting the property because of their goodwill towards or emotional attachment to the recipient.

Transfers of this kind are usually between family members such as from parent to child or from one spouse to another.

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Family Law insider

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Authors

Sam Hughes
Financial Adviser - Perth
Stephanie McAuliffe
Senior Manager - Perth
Shannon

Simeran Cheema
Senior Manager - Perth

Contact Simeran

Shannon

Shannon O’Connor
Senior Manager - Perth

Contact Shannon