Weekly Snapshot Issue: 44 – 6 September 2019

Case we are discussing…

Does the Family Court have the power under  s90AE (1)-(2)to alter property interests relating to a debt owing to the Commissioner of Taxation?

This was the question considered in the High Court Case  Commissioner of Taxation v Tomaras [2018]

The High Court ultimately found that such an Order is permissible and that in such circumstances ‘ the making of the order is reasonably necessary, or reasonably appropriate and adapted, to effect a division of property between the parties to the marriage, and it is not foreseeable at the time that the order is made that to make the order would result in the debt not being paid in full; and without the court being satisfied that, in all the circumstances, it is just and equitable to make the order’.

Podcast we recommend…

For the law students; lawyers or law enthusiasts who enjoy our weekly case summary we highly recommend the It that Case Podcast.

Joel Townsend presents this  Podcast and in each episode Joel discusses important public interest cases that have had a bearing on Law within Australia. This show avoids the unnecessary verbiage and introduces important principles of precedent law in a comprehensive, understandable way! 

Story we’re following…

You may have heard about the case of the Perth Vegan woman who sued her neighbours for having “deliberately let the smell of meat and fish they were cooking drift into the backyard of her home in Girrawheen”. The Vegan Plaintiff claimed that the smell was so bad, she could no longer enjoy use of her backyard and sued in a Tribunal.
When her claims were rejected, she appealed to the Supreme Court of Western Australia, where her claims were again rejected.

Now we’re all for alternative lifestyles and diets, but we found that this really borders on extremist behaviour. The sad reality is that the Plaintiff in this case did not stop to consider how restricting her neighbours from enjoying a barbeque in their backyard would also be denying them the very same right she is claiming.

Word of the Week…

Skeuomorph

Of Greek origin, a skeuomorph is something designed to look or sound as though it does the job it is supposed to do. The fake shutter-click noise of digital cameras is a skeuomorph. Another example is the notepad app icon looking like a real notepad.

Masters of Success…

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