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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 18857
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Dear Sir/Madam, I have a Court Order to do with Property

Resolved Question:

Dear Sir/Madam,

I have a Court Order to do with Property Settlement that has orders that I don't understand. Can you please help me with explanations as to what these specific orders are for or referring to please.

1) ... each party provide to the other party copies of documents concerning: a) financial matters contained in the party's Form 13 Financial Statement and Conciliation Conference Document;

For the above: for the Form 13, does that mean copies of bank statements, super funds, receipts for any assets i have, copies of statements of any loans or credit cards i have? I don't understand what "financial matters contained in the party's Form 13" means? I don't have a copy of the "Conciliation Conference Document".

2) ... each party provide to the other party copies of documents concerning: b) any financial contributions made at commencement of cohabitation;

For the above: does this mean receipts for things, or what does it mean please? What happens if I don't have a copy of receipts?

I look forward to your explanations for my above questions. Thank you in advance.
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months ago.
Good Evening

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

1. You each have to supply to each other your last 3 years of tax returns and assessments issued from the ATO for the ones you have lodged.

Yes you have to provide both the return and the assessment. The Assessment does not give the same breakdown as the return does.

2. Yes oyu have to provide the last 2 statements form the Superannuation fund you have and the other party has to do the same.

Is there anything else I can assist you with?


Customer: replied 10 months ago.

Dear Sir/Madam,



Thank you for your response. But I don't really understand your answer.


 


1. "financial matters contained in the party's Form 13 Financial Statement" - is this covered by supplying the Tax Return and Tax Assessment?


The Financial Statement is a summary of all assets and liabilities. I don't need to supply anything else?


 


2. "any financial contributions made at commencement of cohabitation" - I don't understand how the superannuation has got anything to do with the above - except perhaps the value of superannuation of commencement of cohabitation. Or, is that what it means as you suggest? Neither of us had any property or loans etc at commencement, so is the super the only thing that we would have at the commencement of cohabitation? (sorry if you were right here in the first instance, but i need a little of explanation please).


 


Many kind thanks for your assistance with this.

Expert:  Leon replied 10 months ago.
Good Evening

You have to list all your assets and liabilities.

Not sure what happened there the response to another question appeared here as well.

The form is clear that you have to list all your assets and liabilities and you complete the form by filing in the boxes.

The superannuation is listed at part J and it is what it is at the time of the application.

The value of everything is at the time of the application. In the Affidavit you explain what you came into the relationship with and what you did during the relationship.

Does this make sense?

Customer: replied 10 months ago.

Thanks. I realise that we have to complete the Form 13, but both of us have already filed a Form 13 to do with this application.


 


So, from what you have said I understand the following: the Order that states: "...each party provide to the other party copies of documents concerning: a) financial matters contained in the party's Form 13 Financial Statement" means merely completing, filing and serving a Form 13?


I don't understand that, because both parties have already filed a Form 13. Does it mean that we have to file another? Or, do we have to provide anything apart from: tax returns and assessments, super member statements and bank accounts?


I don't have any liabilities, and neither does the other party.


Do we have to provide a valuation of our cars perhaps? A valuation for furniture etc that we own (listed in our assets in the Form 13)?


 


Regarding the order: "... each party provide to the other party copies of documents concerning: b) any financial contributions made at commencement of cohabitation;": Does this only apply to the content of the Affidavit? It doesn't mean valuation of car, furniture etc at that point in time? It doesn't mean a bank account balance as at that time? I'm still unsure about the meaning of this court order.


 


Thanks.

Expert:  Leon replied 10 months ago.
Good Morning

The orders require you to Provide the Evidence Of the items listed in form 13.

So if a party lists a personal loan, then evidence of that loan must be given to the other side.

As you have no loans, if you have listed bank accounts shares etc then under the order you must provide copies of bank statements for those accounts and share certificates for the shares.

In relation to the furniture it is an estimate based on what its resale value would be and there is no evidence that you can provide for that just a list of the furniture.

In relation to financial contributions made at the commencement of the cohabitation, what that means is if you say that you came into the relationship with the property then you need to provide evidence at the date you enter the relationship the property was in your name. This would be contained in your affidavit and you would attach relevant documents to show that you were the owner of the property.

If you can show a bank balance at the time you entered cohabitation that would be good evidence as to what you say.

If you do not have a bank statement or a letter from the bank to confirm at the time you into the relationship the balance of your account was $X it is your word against the other party as to what you into the relationship with and vice versa.

The order requires you to provide evidence of what you have at the time the relationship started. It also requires you to provide evidence of what you have listed in the form 13.

Is that a little bit clearer?
Customer: replied 9 months ago.

Thank you. I think that is a lot clearer. Thanks for your kind assistance.

Expert:  Leon replied 9 months ago.
Good Evening

You are very welcome.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.

Leon, Solicitor
Category: Australia Law
Satisfied Customers: 18857
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Leon and 2 other Australia Law Specialists are ready to help you

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