Thursday, September 21, 2023

 Exposure Draft Family Law Amendment Bill (no. 2) 2023.

The new exposure draft Family Law Amendment Bill (no. 2) 2023 has been posted on the Commonwealth Attorney-General's web-site, for discussion. It proposes to use family violence issues to provide a greater transfer of the property (and superannuation) from one party to the other party.

However it is not only about individuals, which will be the majority of cases.  

If passed, it will also affects one of the current loopholes viz trusts. This new exposure draft Family Law Amendment Bill (no. 2) 2023 is also going to bring partnerships and trusts into the equation through new section 10KI "Compliance by entities that are not legal persons".

As a result, if passed by Parliament, unproven family violence accusations (and many other similar reasons) will also be used to get a bigger property settlement from partnerships and trusts, as well as from individuals. This is to cut off any loopholes. This is an interesting move by the Attorney-General.