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Legal Wendy Barry, Partner Tindall Gask Bentley Lawyers

“I ’ve separated from my partner and I’m worried (he or she) is trying to hide and move assets. What can I do to protect them?”

It is common for people who have just separated to fear their former partners will drain shared assets or amass debt in joint accounts, exposing them to financial risk. But there is much that can be done to protect assets and limit exposure to increased debt. The key to being effective in these areas is to be proactive and prepared. Once a former partner has sold or drained equity in a property, drawn down on lines of credit, or withdrawn joint savings, there are limited avenues available to restore or add back what has been removed. So prevention in these circumstances is the key. Caveats

Consider caveating a property when that property is held solely in your former partner’s name. A caveat effectively prevents the property being sold, transferred or refinanced until your caveat is dealt with. It compels the person whose property has been caveated to talk to you about the interest you are asserting in the property. A caveat should not be lodged without receiving legal advice as there can be cost consequences for caveats that are not correctly or appropriately lodged. Injunctions

Obtain an injunction preventing your former partner accessing and potentially draining assets of the relationship. An application to the court is required to obtain an injunction. It is not a simple process and legal advice should be obtained before making such an application. Bank accounts

Review all your bank accounts to work out those that are held in joint names. Then contact the bank to ensure no monies can be accessed without the signature of both parties. Review also lines of credit and where you might be ahead in your mortgage repayments. Remember that making the account “two-to-sign” puts it off limits to you (individually) so be sure this is appropriate in your circumstances. You might prefer to withdraw some of the monies in the account and, then, effect a “two-to-sign” regime with the bank. You should get advice about what is best in your circumstances before taking action. Credit cards

Drop limits on credit cards or, if appropriate, close the credit facility. Once a former partner has sold or drained equity in a property, drawn down on lines of credit, or withdrawn joint savings, there are limited avenues available to restore or add back what has been removed. So prevention in these circumstances is the key. Protect your assets after separation

You might need to pay off the card before closing it. Make sure you keep a statement of the credit facility showing the balance at separation so that if it increases post separation you will be able to prove the increase and, in certain circumstances, limit the debt to the balance at separation.

Passwords

Change passwords to bank accounts, social media accounts and computers.

Updates

Update your: • Binding death nominee – in the event of your death your superannuation will be paid to your binding death nominee. If your nominee is your former partner and you do not want him or her to receive it, you might wish to arrange to change it to the person you now want to receive your superannuation • Will to reflect your new circumstances. • Life insurance policy to reflect who you wish to benefit under the policy. If your partner has already depleted the pool do not despair. There are some remedies available, but they could come at considerable legal cost because, often, they will involve proceedings in court and, if not court proceedings, then potentially lawyer-to-lawyer negotiations.

Entertainment

A Murder at Malabar Hill

Sujata Massey Allen & Unwin, $29.99

Armed with a legal education from Oxford, Perveen Mistry has joined her father’s law firm and become one of the first female lawyers in 1920s India. Mistry Law has been appointed to execute the will of wealthy mill owner Omar Farid, who has left three widows behind. But, as Mistry examines the paperwork, she notices something strange: all three wives have signed over their full inheritance to a charity. What future will they have? Mistry is suspicious, especially since one of the widows has signed her form with an X. Could she even read the document? The Farid widows live in strict seclusion, never leaving the women’s quarters or speaking to any men. With her own tragic history close to her heart, Mistry worries that the women are vulnerable to injustice. As she comes closer to the truth, tensions escalate to murder, the widows fall under suspicion, and Mistry must figure out what’s really happening on Malabar Hill.

Win a book or in-season movie pass!

For your chance to win one of the books or an in-season pass to one of these films (courtesy of Wallis Cinemas) featured in this issue, send your name, location, phone number and despatch code, along with the book and/or film of your choice to giveaways@pj.asn.au

The Night Fire Michael Connelly Allen & Unwin, $32.99

Back when Harry Bosch was just a rookie homicide detective, he had an inspiring mentor who taught him to take the work personally and light the fire of relentlessness for every case. Now that mentor, JJ Thompson, is dead. But, after his funeral, his widow hands Bosch a murder book that Thompson took with him when he left the LAPD 20 years before – the unsolved killing of a troubled young man in an alley used for drug deals. Bosch brings the book to Renée Ballard and asks her to help him find what about the case lit Thompson’s fire all those years ago. The bond between Bosch and Ballard tightens as they become a formidable investigation team. But did Thompson steal the murder book to work the case in retirement, or to make sure it never got solved?

The Expert Witness William J Allender New Holland Publishers, $32.99

Drugs and poisons from a variety of sources have been used illegally for centuries and most conjure up an unfortunate, enduring fascination. People appear to be both attracted and repelled by them at the same time. As a forensic toxicologist, William Allender has been called to give expert witness evidence in many highprofile cases involving drug overdoses and poisons (including pesticides) used in suicides and murder. Many cases stand out owing to their unusual circumstances: • A drug-affected young man who was killed on Sydney Harbour Bridge (A Case of MDMA Madness). • A body disposed of in a wheelie bin (The Body in the Wheelie Bin Murder). • A “carer” who poisoned her elderly partner with morphine (The Black Widow). • Dianne Brimble who went on a cruise and wound up dead from a drug over-dose (Death on the High Seas).

MSG Free Eleonora Thomas Independently published

Emanuela Sopracasa is a born fighter who believes she has all the right tools in life to evolve with the times. Her parents, with their cultural traditions, had had their own ideas for her future, but Emmie, as an adult, sees things differently. She learns the ropes, lives life her way, and sees that her parents’ plan was not for her. There had to be a far greater destiny than just dishes and feeding her family. Dabbling in social media is an entirely new proposition to Emmie. She meets Nguyen Xin after a seemingly innocent friend request and her world ends up in chaos. Through a rollercoaster of further self-discovery and pain, Emmie learns people aren’t always who they seem to be. Will she find herself, or be seduced into an upside-down world and lose the woman she’s always fought to be?

Entertainment

Anzac & Aviator Michael Molkentin Allen & Unwin, $32.99

Extraordinary Australian Ross Smith rode to war at Gallipoli on horseback and, by the end of the war, was one of the most highly awarded fighter pilots. There was little in his childhood that suggested a future as one of the world’s great pioneering aviators. Smith went to war in 1914, serving with the Light Horse at Gallipoli and in the Sinai before he volunteered for the fledgling Australian Flying Corps. Smith survived two gruelling years of aerial combat over Palestine to emerge as one of the most skilled and highly decorated Australian pilots of the war. In 1919, he was a pilot on the first ever mission to survey an air route from Cairo to the East Indies, before gaining international fame for leading the first aircrew to fly from England to Australia. His attempt to exceed this by circumnavigating the world by air in 1922 would end in disaster.

Peace Garry Disher The Text Publishing Company, $29.99

Constable Paul Hirschhausen runs a one-cop station in the dry farming country south of the Flinders Ranges. He’s still new in town but the community work – welfare checks and working bees – is starting to pay off. Now Christmas is here and, apart from a grass fire, two boys stealing a ute, and Brenda Flann entering the front bar of the pub without exiting her car, Hirsch’s life has been peaceful. Until he’s called to a strange, vicious incident in Kitchener St. And Sydney police ask him to look in on a family living outside town on a forgotten back road. Suddenly, it doesn’t look like a season of goodwill at all.

Dark Waters Season commences March 5

A tenacious attorney uncovers a dark secret that connects a growing number of unexplained deaths to one of the world’s largest corporations. Corporate environmental defence attorney Rob Bilott has just made partner at his prestigious Cincinnati law firm, owing in large part to his work defending Big Chem companies. He finds himself conflicted after he’s contacted by two West Virginia farmers who believe the local DuPont plant is dumping toxic waste in the area landfill which is destroying their fields and killing their cattle. Bilott files a complaint that marks the beginning of an epic 15-year fight. While trying to expose the truth, he soon finds himself risking his future, his family and his own life. Cast: Mark Ruffalo (Robert Bilott), Anne Hathaway (Sarah Bilott), Bill Pullman (Harry Dietzler) and Tim Robbins (Tom Terp).

Miss Fisher and the Crypt of Tears

Season commences February 27

After freeing a young Bedouin girl from her unjust imprisonment in Jerusalem, Phryne Fisher begins to unravel a decade-old mystery concerning priceless emeralds, ancient curses and the truth behind the suspicious disappearance of Shirin’s forgotten tribe. British aristocrats, whose lives were impacted by the events of World War I in Mandate Palestine, become caught up in the mystery as well. Cast: Essie Davis (Phryne Fisher), Nathan Page (Detective Inspector Jack Robinson) and Ashleigh Cummings (Dorothy “Dot” Collins).

Military Wives Season commences March 12

Thrown together by life on a military base while their partners serve on a tour of duty in Afghanistan, a group of ordinary women find an unexpected way to raise their spirits and combat the isolating realities of being army wives – by forming the first ever Military Wives’ Choir. Unexpected bonds of friendship flourish and music and laughter transform their lives and help them overcome their fears for loved ones in combat. The story in the film was inspired by the award-winning BBC documentary series The Choir: Military Wives. Cast: Sharon Horgan (Lisa) and Kristin Scott Thomas (Kate).

Mulan Season commences March 26

When the Emperor of China issues a decree that one man per family must serve in the Imperial Army to defend the country from Northern invaders, Hua Mulan, the eldest daughter of an honoured warrior, steps in to take the place of her ailing father. Masquerading as a man, Hua Jun, she is tested every step of the way and must harness her innerstrength and embrace her true potential. Cast: Liu Yifei (Mulan) and Donnie Yen (Commander Tung).