Kate O’Grady presents “A review of Rosati and when (and how) the Court can take tax (and other) liabilities into account in property settlement matters”

The Full Court decision of Rosati v Rosati was decided in 1998 but is a case that is still regularly referred to and relied upon in our daily practice, particularly when considering whether Capital Gains (and other tax liabilities) should be included in the Balance Sheet and form part of the parties’ property settlement. It is a case that often divides practitioners as to when and how Rosati is applied in practice.

This presentation will review the decision in Rosati and look at how the Court has applied the case in other decisions in the 26 years since the matter was decided, including:

• Cases where a tax liability was included, why (and how) it was included, and how to apply the decision to the facts of your own case (including to increase the chances of the tax liability forming part of the Balance Sheet/ settlement);
• Cases where a tax liability was not included, why (and how) it wasn’t included, and how to apply the decisions to the facts of your own case (including to increase the chances of the tax liability NOT forming part of the Balance Sheet/ settlement); and how to adopt these cases to the facts of your own case to argue against a tax liability; and
• What evidence do you need to support your case?

The presentation will review the law around tax liabilities in family law property matters and provide practical steps and guidance for lawyers seeking to argue for (or against) the inclusion of a tax liability in a financial matter.

CLE – Family Law – Substantive

Register here for this complimentary event.