About Avoiding Stamp Duty
Our team can help you save money through your property settlement.
Talk to our highly experienced family lawyers today.
- Our process
- The Law
- Eligibility
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged common assault in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with a specialist lawyer
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
Know Your Settlement Entitlements.
Don't let your ex dictate what you are entitled to. You have legal rights, arm yourself with knowledge before negotiating.
Our Settlement Lawyers Can Help
Meet with lawyers who understand the system and can easily explain your settlement options.
- Past Cases
- Good Results
- Happy Clients
The Law
DUTIES ACT 2008 - SECT 131
Transactions effected by or in accordance with matrimonial instrument or de facto relationship instrument.
- 1. Nominal duty is chargeable on a dutiable transaction to the extent that it is:
- a. effected by a matrimonial instrument; or
- b. in accordance with a matrimonial instrument, if –
- c. the parties to the marriage are separated or divorced from each other or the marriage has irretrievably broken down; and
- d. under the transaction, the matrimonial property is, or is to be, transferred to —
i. either, or both, of the parties to the marriage; or
ii. a child, or children, of either of the parties to the marriage, or a trustee of such a child or children; or
iii. a trustee of a superannuation fund.
- 2. Nominal duty is chargeable on a dutiable transaction to the extent that it is:
- a. effected by a de facto relationship instrument; or
- b. in accordance with a de facto relationship instrument, if —
- c. the de facto relationship between the de facto partners has ended; and
- d. under the transaction, the de facto relationship property is, or is to be, transferred to —
i. either, or both, of the de facto partners to the relationship; or
ii. a child, or children, of either of the de facto partners to the relationship, or a trustee of such a child or children.
In Plain English
After the breakdown of a marriage or de facto relationship property is often transferred to one of the parties to the relationship. A transfer of dutiable property as a result of a breakdown of a marriage or relationship may be liable for nominal duty where the property is transferred under the orders of the Family Court.
An agreement or order made up to one year after the transfer of the dutiable property will be accepted for nominal duty to apply to the transaction. Currently the rate is $20 each document.
Know Your Settlement Entitlements.
Don't let your ex dictate what you are entitled to. You have legal rights, arm yourself with knowledge before negotiating.
Our Settlement Lawyers Can Help
Meet with lawyers who understand the system and can easily explain your settlement options.
- Past Cases
- Good Results
- Happy Clients
To be eligible for nominal duty
To be eligible the property must be transferred to:
- One or both of the partners
- A child or children of one or both of the partners who is under 18 years of age at the time of the transfer
- A trustee of a child or children mentioned above
- A trustee of a superannuation fund (does not apply to de facto break ups)
Married couples
Nominal duty is chargeable on a dutiable transaction to the extent that it is effected by, or is in accordance with, a matrimonial instrument if:
1. the parties to the marriage are separated or divorced or the marriage has irretrievably broken down; and
2. the property of either or both of the parties to the marriage is being transferred to either or both of the parties to the marriage, a child of either of the parties or a trustee of such a child, or a trustee of a superannuation fund.
A ‘matrimonial instrument’ is a maintenance agreement registered or approved under the Family Law Act 1975. It should be noted that the property of either or both of the parties does not include property owned by companies or unit trusts in which either or both of the parties own some or all of the shares or units.
De-facto couples
Nominal duty is chargeable on a dutiable transaction to the extent that it is effected by, or is in accordance with, a de facto relationship instrument if:
1. the de facto relationship between the de facto partners has ended; and
2. the property of either or both of the partners to the de facto relationship is being transferred to either or both of the de facto partners to the relationship, or a child of either of the partners or a trustee of such a child.
A ‘de facto relationship instrument’ is a financial agreement or a former financial agreement approved under the Family Court Act 1997.
How to apply
In order for a dutiable transaction to be charged with nominal duty, the relevant transfer document, together with a copy of the sealed Family Court order must be lodged with the Commissioner of State Revenue. In some cases, it will also be necessary for evidence to be provided that the marriage or de facto relationship has ended, this may be done by way of a statutory declaration.
An application may also be made for a dutiable transaction to be reassessed with nominal duty where the dutiable transaction has been charged with transfer duty at the general rate, and a matrimonial or de facto relationship instrument comes into existence within 12 months after the liability to duty on the dutiable transaction arose.
Know Your Settlement Entitlements.
Don't let your ex dictate what you are entitled to. You have legal rights, arm yourself with knowledge before negotiating.
Our Settlement Lawyers Can Help
Meet with lawyers who understand the system and can easily explain your settlement options.
- Past Cases
- Good Results
- Happy Clients
The courts and prosecution take common assault charges seriously, if you are convicted of a common assault it can have a big effect on your life and mental wellbeing. It's important to remember that with a good legal team even if you are found guilty they can help to reduce any possible penalties that might be enforced. It's also possible in certain circumstances to make an application to stop a conviction showing up on a criminal record check for employment purposes.
What’s taken into account if you’re found guilty
- The circumstances of the assault
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
Prison sentence
There is a possibility of imprisonment if you are convicted of a common assault. The maximum penalty is 18 months although this can be as much as 3 years should there be circumstances of aggravation.
A prison sentence is the most severe punishment that can be handed down when you are convicted of a crime. In some circumstances, it can also be accompanied by a hefty fine.
If you are sentenced to prison in court, you will be taken immediately to a holding cell where you will be processed and wait to be transported to the appropriate prison facility.
Suspended sentence
You may recieve a suspended sentence when found guilty of common assault in court.
A suspended sentence is a prison sentence that is not put into immediate effect which means that you are not required to go to prison and you are released to live in the community.
However suspended sentences comes with conditions. If you commit a crime while on a suspended sentence, you will be sent to prison to serve the sentence. Suspended sentences are also often accompanied by another penalty, such as a fine or community based order.
It is possible to have a partially suspended prison sentence. This means that you do go to prison immediately upon sentencing however, you will be released after a designated period of time to serve the remainder of your sentence in the community.
A suspended sentence is recorded on your criminal record and can have serious consequences if you are seeking a job or trying to enter other countries. Often prison sentences are a bar to many jobs and eligibility for Visa’s
Community service
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Fine
The maximum fine for a common assault in Western Australia is $18,000 although this could be as much as $36,000 where there are circumstances of aggravation.
A fine may be handed down by the court as your whole punishment or in conjunction with another penalty.
Upon receiving a fine it must be paid immediately or you can apply to the court for time-to-pay, which enables you to pay the fine in regular instalments. You must apply for the time-to-pay option if you are unable to pay it in full immediately and the court may require documentary proof of your financial circumstances. The court’s decision for a time-to-pay application is final.
Prohibited behaviour order
You may be issued with a PBO if convicted of common assault
Prohibited behaviour orders (‘PBO’) are orders made by the court that impose certain restrictions on persons with a history of anti-social behaviour.
PBOs are issued in order to reduce the likelihood of the person committing future anti-social offences. For example, a serial graffiti offender might be banned from using public transport, a shoplifter might be banned from a shopping precinct, or a violent offender might be banned from being out after dark or drinking alcohol. The order can only be made on persons 16 years or older.
The orders will generally be publicised unless ordered otherwise by a court. The constrained person will have their name, a photograph, their town or suburb, and the constraints imposed by the PBO made public on a government website. This is done so the community can assist the police in ensuring the orders are complied with and identify any breaches. The details of the constrained persons can be found at http://www.pbo.wa.gov.au.
It is a criminal offence to breach PBO and carries a penalty of a fine and/or imprisonment. The maximum penalty is five years imprisonment, or 2 years in the case of a minor.
Know Your Settlement Entitlements.
Don't let your ex dictate what you are entitled to. You have legal rights, arm yourself with knowledge before negotiating.
Our Settlement Lawyers Can Help
Meet with lawyers who understand the system and can easily explain your settlement options.
- Past Cases
- Good Results
- Happy Clients
Our Process
Finding yourself charged with common assault can be a worrying and stressful period in your life. We have been through this process with many clients and understand you need to gain a clear legal pathway to put your mind at rest quickly so you can focus on gaining the best posible result. Our process for clients who have a matter relating to common assault is simple, transparent and listed below.
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged common assault in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with a specialist lawyer
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
Know Your Settlement Entitlements.
Don't let your ex dictate what you are entitled to. You have legal rights, arm yourself with knowledge before negotiating.
Our Settlement Lawyers Can Help
Meet with lawyers who understand the system and can easily explain your settlement options.
- Past Cases
- Good Results
- Happy Clients
The Law
Finding yourself charged with common assault can be a worrying and stressful period in your life. We have been through this process with many clients and understand you need to gain a clear legal pathway to put your mind at rest quickly so you can focus on gaining the best posible result. Our process for clients who have a matter relating to common assault is simple, transparent and listed below.
The Law
DUTIES ACT 2008 - SECT 131
Transactions effected by or in accordance with matrimonial instrument or de facto relationship instrument.
- 1. Nominal duty is chargeable on a dutiable transaction to the extent that it is:
- a. effected by a matrimonial instrument; or
- b. in accordance with a matrimonial instrument, if –
- c. the parties to the marriage are separated or divorced from each other or the marriage has irretrievably broken down; and
- d. under the transaction, the matrimonial property is, or is to be, transferred to —
i. either, or both, of the parties to the marriage; or
ii. a child, or children, of either of the parties to the marriage, or a trustee of such a child or children; or
iii. a trustee of a superannuation fund.
- 2. Nominal duty is chargeable on a dutiable transaction to the extent that it is:
- a. effected by a de facto relationship instrument; or
- b. in accordance with a de facto relationship instrument, if —
- c. the de facto relationship between the de facto partners has ended; and
- d. under the transaction, the de facto relationship property is, or is to be, transferred to —
i. either, or both, of the de facto partners to the relationship; or
ii. a child, or children, of either of the de facto partners to the relationship, or a trustee of such a child or children.
In Plain English
After the breakdown of a marriage or de facto relationship property is often transferred to one of the parties to the relationship. A transfer of dutiable property as a result of a breakdown of a marriage or relationship may be liable for nominal duty where the property is transferred under the orders of the Family Court.
An agreement or order made up to one year after the transfer of the dutiable property will be accepted for nominal duty to apply to the transaction. Currently the rate is $20 each document.
Know Your Settlement Entitlements.
Don't let your ex dictate what you are entitled to. You have legal rights, arm yourself with knowledge before negotiating.
Our Settlement Lawyers Can Help
Meet with lawyers who understand the system and can easily explain your settlement options.
- Past Cases
- Good Results
- Happy Clients
Eligibility
To be eligible for nominal duty
To be eligible the property must be transferred to:
- One or both of the partners
- A child or children of one or both of the partners who is under 18 years of age at the time of the transfer
- A trustee of a child or children mentioned above
- A trustee of a superannuation fund (does not apply to de facto break ups)
Married couples
Nominal duty is chargeable on a dutiable transaction to the extent that it is effected by, or is in accordance with, a matrimonial instrument if:
1. the parties to the marriage are separated or divorced or the marriage has irretrievably broken down; and
2. the property of either or both of the parties to the marriage is being transferred to either or both of the parties to the marriage, a child of either of the parties or a trustee of such a child, or a trustee of a superannuation fund.
A ‘matrimonial instrument’ is a maintenance agreement registered or approved under the Family Law Act 1975. It should be noted that the property of either or both of the parties does not include property owned by companies or unit trusts in which either or both of the parties own some or all of the shares or units.
De-facto couples
Nominal duty is chargeable on a dutiable transaction to the extent that it is effected by, or is in accordance with, a de facto relationship instrument if:
1. the de facto relationship between the de facto partners has ended; and
2. the property of either or both of the partners to the de facto relationship is being transferred to either or both of the de facto partners to the relationship, or a child of either of the partners or a trustee of such a child.
A ‘de facto relationship instrument’ is a financial agreement or a former financial agreement approved under the Family Court Act 1997.
How to apply
In order for a dutiable transaction to be charged with nominal duty, the relevant transfer document, together with a copy of the sealed Family Court order must be lodged with the Commissioner of State Revenue. In some cases, it will also be necessary for evidence to be provided that the marriage or de facto relationship has ended, this may be done by way of a statutory declaration.
An application may also be made for a dutiable transaction to be reassessed with nominal duty where the dutiable transaction has been charged with transfer duty at the general rate, and a matrimonial or de facto relationship instrument comes into existence within 12 months after the liability to duty on the dutiable transaction arose.
Know Your Settlement Entitlements.
Don't let your ex dictate what you are entitled to. You have legal rights, arm yourself with knowledge before negotiating.
Our Settlement Lawyers Can Help
Meet with lawyers who understand the system and can easily explain your settlement options.
- Past Cases
- Good Results
- Happy Clients
