Dutton concedes error in Martin case

Immigration Minister Peter Dutton has conceded there was a legal error in the decision to deport father of AFL superstar Dustin Martin, a judge has been told. Photo: AAPThe father of AFL superstar Dustin Martin is hopeful but by no means certain he’ll be able to return to Australia after Immigration Minister Peter Dutton conceded a legal error was made when deporting him.
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” I want to believe it but until I’m on that plane and sitting in Australia … I’ll be jumping, partying then,” Shane Martin told Melbourne radio 3AW.

In the Federal Court in Sydney on Tuesday, Justice John Griffiths was told the minister had agreed the deportation decision should be quashed.

Mr Martin, who had lived in Australia for 20 years, was challenging the decision which led to his deportation to New Zealand last year because of his links to the Rebels motorcycle club.

After the court was told of the minister’s concession, Mr Martin’s barrister, James Forsaith, stood up to make a submission.

“You are not going to do much better than that,” the judge quipped.

Mr Forsaith said there still was one issue related to the class of visa held by Mr Martin, and he wished to discuss the legal consequences with senior counsel.

The judge adjourned the case to December 19.

Mr Martin later told 3AW he was confused and his lawyers were still in negotiations.

“I don’t want to say I’m back when I’m not, you know what I mean?” he said.

Shane Martin has spoken to his Brownlow Medal-winning son about the concession.

“He’s happy and that but like I said, we’re not there yet. I can’t get too excited.”

His deportation meant he missed Dustin play in the 2017 AFL grand final when Richmond claimed their first flag since 1980.

Mr Dutton has been contacted for comment.

The minister in October said he based the decision to deport Mr Martin on information that wasn’t publicly available.

“I have information that is provided by the intelligence agencies, and by law I am prohibited from giving you the detail,” Mr Dutton said.

“I’ve made a decision which I am not going to change. I made a decision based on all the facts and I believe it is the right decision.”

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Fiona Nash wants back in as Nats jockey to replace her

Former Senator Fiona Nash arrives at the campaign office for Barnaby Joyce to support his campaign for the New England by-election, in Tamworth on Friday 1 December 2017. fedpol Photo: Alex Ellinghausen News. Retired Major General Jim Molan next to a Long Range Patrol Vehicle in the Conflicts 1945 to Today Gallery at the Australian War Memorial. 26 December 2012 Canberra Times Photo by Jeffrey Chan
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Half a dozen National MPs are jockeying to become Barnaby Joyce’s new deputy but the party room could hold off on a vote until it becomes clear whether Fiona Nash – who lost the job to dual citizenship – has a pathway back into the Senate.

Outspoken Queensland cabinet minister Matt Canavan, who survived his own dual citizenship scare, is considered the frontrunner, but is facing a likely challenge from NSW MP Michael McCormack and Victorian Bridget McKenzie.

Junior ministers David Gillespie and Keith Pitt, as well as backbencher Kevin Hogan, may also have a tilt at the job, which comes with a guaranteed spot in cabinet.

Absent from the list is fellow cabinet minister Darren Chester, who lacks the necessary party room support and is understood to be backing Senator McKenzie.

The party room will meet on Thursday morning, with Mr Joyce back in charge following his thumping win at the New England byelection on Saturday.

But while the MPs were expected to elect their new deputy during the meeting, some are now pushing to delay a vote until Ms Nash’s future becomes clearer.

Ms Nash was ruled ineligible by the High Court but her replacement – Liberal Hollie Hughes – was also ruled out under section 44 of the constitution. The court will publish the reasons for its Hughes verdict on Wednesday but it is unclear whether it will make orders about a replacement.

If the court orders a countback, the replacement will be hard-right Liberal and Tony Abbott ally, Jim Molan. But if it orders a casual vacancy the Coalition would get a choice. In that scenario, the Nationals would fight hard for Ms Nash’s return, setting up a clash between the Coalition partners.

“There potentially is a pathway back,” Ms Nash told Sky News on Tuesday.

“If there is a casual vacancy I’d be very keen to come back. And I know the National Party would be very keen to keep the National Party seat in the Parliament.”

Asked if she wanted the party room to hold off on voting, Ms Nash said: “I certainly believe I have done a good job and I hope people think I’ve done a good job as deputy leader. I would hope that colleagues would think about that while they’re considering whether or not they need to change deputy leader this week.”

The jockeying within the Nationals came as Labor came under further pressure to refer at least three of its MPs to the High Court over citizenship doubts. Senator Katy Gallagher and lower house MPs Justine Keay and Susan Lamb all remained dual citizens when they nominated as candidates last year.

Shadow attorney-general Mark Dreyfus said Labor had not ruled out referring Senator Gallagher to the court, but maintains it would be a waste of time and taxpayers’ money. Labor maintains their MPs are protected from disqualification because they took “reasonable steps”.

If Labor refuses to refer the MPs, the government could do it itself with the help of the Greens.

This story Administrator ready to work first appeared on Nanjing Night Net.

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List of touted candidates grows as FFA appoints Socceroos coach selection panel

Former England boss Sven Goran Eriksson is the latest name to be flagged as a short or perhaps long-term fix for the Socceroos.
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He joins the likes of Marcelo Bielsa, Gianni De Biasi, Christoph Daum, Jurgen Klinsmann, Guus Hiddink and former Serbia coach Slavoljub Muslin as high-profile, experienced managers who have been mentioned in dispatches as potential candidates for the Socceroos’ top job in recent days.

And they are just the foreign contenders. Graham Arnold, Tony Popovic, John Aloisi and Kevin Muscat have also been put in the frame as potential successors to Ange Postecoglou.

It’s hardly surprising as the seat vacated by Postecoglou is attractive, given it guarantees participation at the World Cup.

So it’s also no surprise that the FFA, which said it was in no hurry to replace the man who quit a week or so after securing Australia’s place in Russia, wants to make sure it leaves no stone unturned in its search for the right man, who it plans to appoint by mid-February, a month before Australia play their next international friendly in March.

On Tuesday the FFA announced it was appointing former Socceroos Mark Bresciano, Stan Lazaridis and Mark Schwarzer to a panel of experts who will advise the FFA on the appointment of a new coach.

It is a second FFA post for former winger Lazaridis, who is also an external member of the FFA board’s football development committee.

The trio, who have 253 international caps between them, were part of the “golden generation” for Australia and were together in the squad for the 2006 World Cup. Schwarzer and Bresciano were part of the team in South Africa 2010, while Bresciano made it to Brazil

They will be working with FFA’s head of national performance Luke Casserly, Australia’s assistant coach Ante Milicic (both of whom are also former Socceroos), FFA’s national technical director Eric Abrams and FFA’s chief medical officer Dr Mark Jones. The appointment of two international experts is expected to be finalised soon.

International search and consulting firm SRi Executive will co-ordinate the process.

“As you would expect, we have had a high level of interest already,” CEO David Gallop said.

“We are open-minded about whether the coach is Australian or someone from overseas but they must live in Australia, embrace the progress on and off the field that has been achieved with national teams over the past four years – especially in the areas of technical development and sports science – and be prepared to be an ambassador for our sport here and abroad.

“FFA’s starting point is to appoint a coach for the long term but we will be advised on this and other matters by our expert panel.”

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Government shaving super benefits a risk

Recently you made some alarming comments in relation to the future of super and the age pension. I agree that the age pension is vulnerable to government cuts, however surely super is our own money, not the government’s. Can you explain what you meant by the words “government cutting super benefits” and the possibility of our not being able to “rely on super” as a future investment vehicle?
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Every investment you make has advantages and disadvantages. For example, if you leave your money in the bank, instead of investing in shares, you negate the risk of your capital falling in value in a market downturn but you forgo potential capital gain and the tax effectiveness of franked dividends.

Apart from lack of access, the main disadvantage of placing money in superannuation is “legislative risk”, which is a fancy term for saying the government may change the rules. Just this year they have dramatically reduced the amount that could be contributed to superannuation, increased the contributions tax on concessional contributions made by high-income earners, and severely reduced the amount that can be held in the tax-free pension mode. This is why I believe a prudent investment strategy involves investing both inside and outside the superannuation environment.

Is there a general rule on how best retirees aged 65 or more might fund the purchase of a new motorcar? Do we sell shares, or cash in super or is there a smarter way to fund purchase of a depreciating asset?

It’s best to avoid borrowing at your stage in life so my preference would be to withdraw some money from your super. The reduction in the balance may well increase your age pension if you are getting one, and if your assets are in excess of the age pension limits I see no reason why you should not enjoy your money while you are alive. Just keep in mind the best value motorcars are normally fairly new second-hand ones.

If I were to invest in a managed fund using a family discretionary trust and nominate profits to be automatically reinvested into the fund, how would the reinvestment be taxed? Is it better to nominate for the profits from the managed investment funds to be paid out to the trust and have the trust distribute it to the beneficiaries?

It is my understanding that all managed investment funds send you a statement for the 2016/17 tax year and, you subsequently distribute the returns from the fund to the beneficiaries of your family trust. Do the beneficiaries declare these in their 2016/17 individual tax return even though it would have been received after June 30, 2017?

If a discretionary trust is taxed on its profits rather than distributing them, the profits will be taxed at the maximum tax rate so in most cases a trust is simply a conduit from which the income of the trust is distributed to its beneficiaries. The term “discretionary” trust means that the trustees have the discretion at the end of each financial year to decide which beneficiaries the trust income is to be distributed to. They also have the power to vary the distributions between beneficiaries for tax minimisation purposes.

If the income from the managed funds owned by the trust is reinvested, it will still be considered to have made a profit for tax purposes just as if it had been paid in cash to the trust. If the entire income has been reinvested the trust may not have the funds available to make cash distributions. If that is the case the beneficiaries will probably lend the money back to the trust as a journal entry. This could create a problem if one of the beneficiaries is a company.

Unless specified differently in the trustee’s distribution statement the tax statement provided by the fund will be apportioned between the beneficiaries on the ratio of their share of the trust’s income.

I am a pensioner aged 73. My partner is 58 years old. She could possibly get a reasonable inheritance in the near future. If she puts this money into super would it still be protected up to her pension age if I had to go into aged care? I am concerned that she would have no money after I passed on if it was used up on my aged care.

Money in superannuation is not assessed for Centrelink purposes until the member reaches pensionable age, provided the money is in the accumulation phase. However, it does become assessable if the member commences a pension from the super fund. Just keep in mind there are limits on the amount of money that can be contributed to super.

Noel Whittaker is the author of Making Money Made Simple and numerous other books on personal finance. His advice is general in nature. Readers should seek their own professional advice before making decisions. Twitter: @noelwhittaker

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