Welcome to our Sydney Mills Oakley Family Law Newsletter for July 2026.
Below we provide you with the latest updates on our team, recent developments in family law and links to interesting articles and case law in the family law arena.
It’s been another eventful month for the Sydney Mills Oakley Family Law Team. Take a look below to find out what we’ve been up to!
The Mills Oakley Family Law Sydney Team is thrilled to announce the recent promotions of the following talented lawyers as and from 1 July 2026.
We are very proud of these promotions, with the appointments reflecting the dedication and commitment of our people, and the important role they play in supporting our clients, colleagues and the continued growth of our team.
We congratulate:
Please join us in congratulating Antonia, Shannon and Ella on their well-deserved promotion.
Congratulations to our Foreign Legal Advisor, Samantha Gershon, on her recognition in the Chambers High Net Worth Guide, where she has been ranked for Family/Matrimonial: High Net Worth (International Firms).
Chambers rankings identifies the leading professional advisers to the Private Wealth Market in China. Please join us in congratulating this wonderful achievement!
In this episode of Beyond Borders: International Family Law, Susan Warda and Antonia Marran are joined by renowned Italian family law expert, Armando Cecetiello, to explore the profound differences and tactical dynamics between the family law systems of Italy and Australia.
Together they discuss:
If you are balancing a lifestyle across multiple countries, this episode emphasises why early planning and cross-border advice from specialised professionals like Susan Warda is crucial to protecting your future.
You can listen to the full episode here – A Marriage Paradise or a Divorce Disaster – Beyond Borders: International Family Law
If you or someone you know needs assistance with their international family law matter, please don’t hesitate to contact Susan Warda at [email protected] or +61 2 8289 5800.
On 16 and 17 July 2026, Mills Oakley had the pleasure of hosting the Coraggio Advisory Board’s Member Sessions for July. Susan Warda had the privilege of joining the Leadership and HR Update Panel Discussion. It was a great discussion on a topic to support their members in the execution of the strategy for the business.
Susan was also joined by fellow Mills Oakley Partner, Rachel Sutton, a leading workplace relations partner in our Sydney office.
Why the new super tax could force you to rethink your inheritance
By Grace Bacon, RSM Financial Services Australia
Grace Bacon is the Partner of the RSM Financial Services Australia (AFSL 238 282). Grace advises clients on wealth management, retirement planning and succession planning. In the below article, Grace explores the new Division 296 superannuation tax law and the accompanying implications.
From July 1 this year, the newly legislated Division 296 superannuation tax laws will came into effect, reshaping how countless Australians approach their retirement and succession planning.
The new rules will impact anyone with a total super balance exceeding $3 million and applies to every type of super fund – self-managed super funds (SMSF), retail, industry, pension or other.
Balances between $3 million and $10 million will be subject to a 30 per cent tax on super fund earnings, and balances exceeding $10 million will face a 40 per cent tax rate.
While this is a significant change in how the super of millions of Australians will be taxed, for SMSF users in particular, there is still some upside to be found.
Reset now, save later
Under the legislation, SMSF users are being offered a one-off opportunity to avoid unexpected tax bills in the future.
This capital gains tax reset is a chance to reset the cost of assets to market value before the legislation comes into effect, updating the value of all assets to be reflective of their worth at the time of the new laws being introduced. In essence, this works to create a clean break between old growth and new growth of assets.
Super was never designed as an inheritance vehicle, but low taxes made it attractive for long-term family wealth.
The catch? The reset is an all-or-nothing decision. If a fund chooses to reset, every asset in the fund must follow suit, even those that have fallen in value. Once the decision to reset is made, it cannot be reversed, and if the deadline (June 30, 2026) is missed, the opportunity is gone.
For SMSF users, this could be the single most important decision in preparing for the new tax rules, and one that will shape their tax outcomes for years.
In short, the reset doesn’t reduce tax today but it can prevent tomorrow’s tax bill from being much bigger than expected – especially when it comes to succession planning. With this in mind, here are a few considerations I’d encourage in the coming months before Division 296 comes into effect.
Australia’s new tax on large superannuation balances will force families to reconsider how super is used in succession planning.
For decades, superannuation has been a cornerstone of succession planning. Low tax rates meant wealth could stay in super for life, grow steadily and then pass to a spouse or dependants.
With the introduction of Division 296, holding large balances in super until death is no longer the best option by default – families now need to consider when super should be drawn down, not just who will eventually receive it.
Another consideration under the new legislation is the distribution of wealth between spouses, as the tax weighs up the assets of an individual, rather than assessing a couple or family as one unit. This means one spouse with $5 million in super may face higher ongoing tax than two spouses with $2.5 million each.
Perhaps the biggest shift under the new legislation is the changed role of death within super planning. Previously, death simplified super planning, but under the new rules it can do the opposite.
If not prepared for appropriately, the automatic transfer of a super balance upon the death of one spouse could push the bereaved partner over the $3 million threshold, triggering lifelong higher taxes, forced payout of super funds, or the forced sale of illiquid assets to align with death benefits payout and/or tax requirements.
To avoid being caught out when a partner passes away, I would encourage anyone undertaking estate planning to prioritise balancing super between partners from the very beginning and avoid structures that unintentionally concentrate wealth in one name.
Super was never designed as an inheritance vehicle, but low taxes made it attractive for long-term family wealth. Division 296 reinforces the principle that super is primarily to provide a retirement income, not for accumulating wealth in a tax-effective environment.
As a result, more families are expected to move surplus wealth out of super earlier, consider living inheritances or gifts to children during their lifetime or use trusts, companies or other personal structures for intergenerational wealth transfer planning.
If not appropriately prepared for, your beneficiaries may inherit not just assets, but complex tax exposure. Clear documentation, trustee succession planning and forward-looking strategy are now non-negotiable.
Think of it like this – Division 296 doesn’t eliminate the benefits of super; it just changes how families should use it. Where succession planning once focused on who gets the money, Australians now need to ask where the money sits, how long it stays there and who owns the assets.
For many families, the biggest impact of the new super tax won’t be the headline rate – it will be how it reshapes long-term planning across generations.
The best asset you can pass to your loved ones is a seamless succession strategy that promises a painless and well-planned transfer of wealth.
We work hard to ensure the best possible outcomes for our clients, and we value the feedback we receive every day. Here’s a snapshot of what some of our client’s said this month:
“Dear Susannah, I truly appreciate all the hard work, professionalism and support that you, Susan, Fiona and Carly have provided throughout this matter. I know it has been a long and challenging process, and I am grateful for everything your team has done to help me achieve this outcome. It has been a pleasure working with all of you.” [to Partners, Susan Warda and Carly Mirza-Price, and Special Counsel, Susannah Quinn]
“Thank you for all your work leading into today. The significance of everything is just sinking in. I’m so appreciative. Truly.” [to Partner, Carly Mirza-Price and Associate, Shannon Jenkin]
“I want to take the opportunity to thank you for all your advice, support and guidance throughout all of this. I’m sure this will be done very soon. You have now equipped me with clear information about what is still required to finalise this.” [to Special Counsel, Tracey Middleton]
“Hi Carly, thank you to you, Susan and Shannon for all of your preparation and hard work leading into the Hearing. I really appreciate everything that went into achieving that outcome and am very grateful for your efforts.” [to Partners, Susan Warda and Carly Mirza-Price, and Associate, Shannon Jenkin]
Referrals are important to us. If you know someone who would benefit from a confidential conversation with a family lawyer, please pass on our details and we will do our very best to look after them.
If you would like further information or have any queries regarding other matters, please do not hesitate to contact:
