Friday, September 27, 2013

Cuts to Family Court-Impact on court delays.

In the lead up to the federal election, the coalition announced a planned $30m cut to Family Court processes in its final costings. According to the Financial Review of Friday 20 September 2013, the president of the Law council of Australia will write to the new Attorney-General George Brandis, QC to ask where the proposed cuts to the Family Court will come from. Rick O'Brien,chair of the Family Law Section of the Law Council was quoted as saying that the Family Court and the Federal Circuit court "are both already under-resourced" and it was taking too long for casesto go through the system. Mr O'Brien noted that the Federal Circuit Court,Family Court and Western Australian Family Court are struggling with workloads and delays are at "an unacceptable level". As Mediators, on a daily basis we face concerns of parties about delays in the court system and the impact of these delays on their lives. Court delays are a major reason why parties try to avoid the court system and look for a resolution which enables them to move forward with their lives.This will increasingly be the case if the already stretched courts are asked to deal with further pressure on their resources. the only clue given by the coalition to it's proposals was an indication that it proposed to "streamline Family Court processes". At this stage it is not clear what is intended by this inclusion in the coalition's costings.

Sunday, September 15, 2013

Capital gains tax exemption for small business


Small business owners often don't understand the exemption from capital gains tax that applies if the business has been owned for 15 years.
An eligible small business owner is exempt from capital gains tax and can contribute part of the proceeds into superannuation without it being counted towards the normal annual contributions limits, under the small- business capital gains tax retirement exemption.
To qualify, a capital gain must flow from the sale of a small business where the owner had either net assets of less than $6 million or the business had a turnover of less than $2 million.
If the business was owned for 15 years and the owner is over 55 and is retiring, the business can be sold tax free. Furthermore a substantial part or all of the proceeds can be injected into superannuation and not count towards the normal contributions limits.
The source for this blog is The Financial Review 16-17 February 2013.
For further information, you should see your accountant.

Saturday, September 14, 2013

World's Happiest Nation

Fascinating to note that Australia is the world's happiest nation according to the index applied by the Organisation for Economic Co-operation and Development.

Australia has kept the top spot for the third straight year, leading Sweden and Canada.

The index measures each of 11 categories in 36 nations, giving equal weight to each category.

Criteria weighed include income, jobs , health, safety and housing.

The index also showed that Australians are more satisfied with their lives than the OECD average.

The results of the survey were released in May 2013.

Well done Australia !!!

Wednesday, September 4, 2013

PEACE TALKS: Syria - a challenge for the most skilled and conscientious mediator

What right thinking person would not be distressed and inclined to join the chorus to, "Do something" about the human crisis in Syria that has been unfolding over recent weeks on the world stage?

Do we understand what is really happening there?  Who are the disputing parties?  What is the true composition of their ranks?

What are their positions in the dispute (that is, what is the bottom line that they are seeking)?

What secrets or hidden agendas are driving the dispute?

What unresolved hurts and grief from the past are interfering with a resolution?

Are the members of the disputing groups cohesive in their wishes or are they being intimidated and manipulated by strong and malevolent forces within?

What are the parents of the murdered children and of the young soldiers compelled to use force against their own people saying?

Who has the skills to engage the parties and seek the answers to these questions in an effort to help these poor people rise above their differences and have a chance of living their lives without fear and aggression?

Does the spectre of a "big brother" force bring with it more or less likelihood of resolution?

Although the stakes are much higher, these questions have much in common with those which need to be asked about every interpersonal dispute.  At Brisbane Mediations we would contend that the more peaceful the resolution the better for all parties.  What is your view?

PEACE TALKS - Denise Britton