Court Saves 14 Year Old Girl from Arranged Marriage

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Whilst Australia prides itself on being a multicultural society and being accepting of the values of all cultures, the Courts have recognised that some practices may not always be in the best interests of children.

In a decision in late 2010, the Family Court of Australia restrained a 14 year old girl from leaving Australia, thus saving her from an arranged marriage to a 17 year old man she had never met.  The Department of Human Services was alerted to the problem when the girl stopped attending school.  After interviewing her, the Department was of the view that the girl did not appear to understand the consequences of marriage.

The Court accepted that it would be contrary to the girl’s welfare to permit her to be taken overseas for the purpose of the marriage.  The Judge was of the view that a 14 year old girl would not have the understanding of the significance of marriage, which would be attributable to an adult.  Given that the marriage could not be celebrated in Australia was another reason for the Judge’s decision.

The girl’s name was ordered to be placed on the Australian Federal Police Watch List and her passport was surrendered.

This decision demonstrates the Court’s views on both marriage and children.  Firstly, the Court highlighted the significant nature of marriage and that it should not be entered lightly.  Marriage is an institution, whereby both parties should enter it freely and with the proper understanding of all that marriage entails.

Secondly, the Court demonstrated that the best interests and welfare of children is the primary consideration in any proceedings in Australia, regardless of whether that conflicts with any cultural upbringing.

If you have any questions regarding any aspect of Family Law, at Everingham Solomons we have the experience and expertise to assist you because Helping You is Our Business.

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Is GST Payable on a Residential Purchase if the Proposed Use is Commercial?

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TRIn a recent full Federal Court decision, a New South Wales property developer purchased a single story house, intending to develop it into units for use other than for residential accommodation. At the time of settlement the home was occupied by a tenant. The developer adopted the view that the sale was a taxable supply because it was his intention to develop the land into commercial units and consequently claimed a tax credit from the ATO.

The ATO took a different view.

The GST legislation provides that the supply of property is not subject to GST if the premises are to be used predominantly for residential accommodation. The issue was whether the property was to be used predominantly for residential accommodation.

The developer contended that the question as to whether the premises were to be used predominantly for residential accommodation is to be determined by reference to the subjective intentions of the developer. The developer asserted that it intended to develop the property at the end of the tenancy period for uses which were not predominantly for residential accommodation.

The full Federal Court dismissed the developer’s submissions and determined that the test as to whether residential premises are to be used predominantly for residential accommodation should be determined objectively by reference to the physical characteristics of the property as at the date of acquisition and that the intentions of the future owner are irrelevant.

The implications of GST must be considered in every property transaction. It is still an area which is fraught with uncertainty.

At Everingham Solomons we have the expertise to assist you with all of your property and development matters because Helping You is Our Business.

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What’s in A Name – Part 3

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KJSbwIn previous articles we looked at Business Name and Trade Mark registration.

With online business becoming more important everyday, more and more businesses are looking to also register domain names that are capable of being easily identified with their business.

A domain name is simply a textual address for a location on the internet. An internet address with  “.au” at the end, indicates that it is registered in Australia and part of the .au domain space regulated by the Australian Domain Name Administrator (commonly referred to as the “auDA”).

Once you’ve chosen the domain name you want to use, registration is through one of the organisations accredited by auDA for that purpose. These organisations (called “Registrars”) are authorised by auDA to provide services to people who want to register a new domain name, renew their existing domain name or make changes to their domain name record.

There are a large number of these organisations and their services and fees vary. Details of these organisations are available at www.auda.org.au/registrars/accredited-registrars/

Similarly to business and company names, there are no proprietary rights in the domain name system. A registrant does not own a domain name but holds a licence to use it for a specified period of time.

Domain name licences are allocated on a first come first serve basis. Provided the relevant eligibility rules are satisfied, the first registrant to apply for a particular domain name will be permitted to licence it. There is also no hierarchy of rights in the domain name system. For example a registered trade mark does not confer any better entitlement to a domain name than a registered business name.

To sum up, the branding of your business will often require a combination of a business name, a trade mark and a domain name registration. The actual mix will vary from business to business and at Everingham Solomons we have the expertise to advise you on the right choices for you business because Helping You is Our Business.

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