WA Property settlement disclosure new company

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Becboo

Active Member
20 October 2016
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31
My ex partner and I are currently in court for property settlement but we have only attended our first hearing. To date he has refused to provide disclosure and the disclosure ordered by the court is now over due but I believe he received an extension from the court due to his previous lawyer firing him. There is no formal request with the court for an extension however his new lawyer advised me that they had asked for one.

Now my ex partners new girlfriend (since March 2017) has registered a Pty Ltd Company in her name which I believe is for the sole purpose to employ him as an employee in order to reduce his taxable income and hide assets. Is this legal loophole?

He is currently trading as a sole trader and has already change his business name once to avoid disclosure, property settlement and correct child support.

The business has current client contracts, stock, assets and employs sub contractors which i believe will be transferred to the new entity under his girlfriends name.

I have no idea what options I have or what my next course of action should be and I am self representing.
 

Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
or what my next course of action should be and I am self representing.

If there are significant assets you probably should get a lawyer. I agree with your conclusion however there are ways to unwind transactions especially when they occur after the filing date.

Child support is potentially an issue however it is separate to your property settlement. File now with CSA anyway and get the process started. CSA will do a lot of the groundwork for you in uncovering his income. He risks having his girlfriend's income considered if he starts to 'work' for her.

You can't do much until disclosure has been made. Do you have access to the 'old books' so you can cross check any new information disclosed at court?
 

Becboo

Active Member
20 October 2016
14
0
31
If there are significant assets you probably should get a lawyer. I agree with your conclusion however there are ways to unwind transactions especially when they occur after the filing date.

Child support is potentially an issue however it is separate to your property settlement. File now with CSA anyway and get the process started. CSA will do a lot of the groundwork for you in uncovering his income. He risks having his girlfriend's income considered if he starts to 'work' for her.

You can't do much until disclosure has been made. Do you have access to the 'old books' so you can cross check any new information disclosed at court?

i've just done a change of assessment through CSA which I am appealing as they did very little by way of investigation. There's not a huge amount of assets but income wise its the difference between me keeping my home or losing it so its worth fighting for. If both parties have intentionally deceived the court can I make her a party to the case?