News & Media

The deceased died tragically by her own hand in 2021.

Revenue recently announced on 21 February 2023 that citizens of New Zealand, Finland, Germany and South Africa (Exempt Countries) are no longer required to pay surcharge purchaser duty (SP Duty) and surcharge land tax in NSW.

I work as a Paralegal at Everingham Solomons, within the Personal Injury team, assisting with the legal work involved with compensating injured workers and victims of motor vehicle accidents.

On 7 December 2022 saw a major reform in Employment law through the implementation of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Act).

Land is the main focus of property law.

If you enter a guilty plea or are found guilty after hearing, your matter will proceed to sentence.

Once upon a time, there was a woman by the name of Mrs Donoghue.

Yes, entering into a Contract can be frustrating but did you know there is a legal doctrine known as “frustration”.

Security of your identity is not only important during your lifetime but also after death.

When it comes to fences, I often think about the great barriers built around the world throughout the course of history.

The deceased died in 2019 survived by his adult son, two adult stepchildren and a former spouse.

The Covid-19 pandemic has seen a significant uptake in technology and innovation as a result of face-to-face restrictions and travel bubbles.

A recent decision of the Victorian Supreme Court has confirmed that the consequences for a Trustee are potentially disastrous if the Trust Deed is mislaid and cannot be located.

Estate planning is more than just preparing a Will.

Anyone who has spent time on the road would have noticed speed cameras deployed as a tool to prevent excessive speed.

For many people, this time of year means connecting with loved ones from near and far.

It was announced that as at 28 November 2022, the Land and Environment Court of NSW will be revoking its COVID 19 policies resulting in hearings and Court attendances back to being conducted in person.

When you are dealing with land and a deceased Estate, your conveyancer/solicitor will use terminology you are not familiar with.

Sang Hall and Oates in their 1984 hit.

Some of the changes to legislation brought on by the COVID-19 pandemic are developments in “electronic witnessing” of signatures through audio visual links.

It’s the age-old question, who do you get to act for you in a property transaction.

The deceased died in 2018 and was survived by his second wife Nejme and 9 adult children from his first marriage.

If you have sold or purchased property before, you may be familiar with what is known as the “cooling off period”.

Are you in Year 12 at Tamworth, Quirindi, Gunnedah or Manilla.

Quite often I come across sellers, testators, shareholders, lessors/lessees and mortgagors/mortgagees wherein their names are incomplete or otherwise different from their identification documents (ID) i.

Under the Firearms Act 1996 (NSW) (“the Act”), to possess or use a firearm a person must be authorised to do so, by either a firearms licence or permit.

In recent legal news, the Mandatory Disease Testing Act (NSW) 2021 is now in force.

A landlord of a residential premises is permitted to sell their property even while it is currently being occupied by a tenant.

It is not commonly known that during family law property settlements, your superannuation entitlements form part of the matrimonial or de facto asset pool.

Leases give a Tenant a right to exclusive use of a property.

It is a commonly asked question, “When someone dies, who can request a copy of the deceased person’s will.

Headshot of Libby Campbell - Solicitor at Everingham Solomons TamworthWe have seen over recent times high profile media personalities and sports people lose their jobs based on what they have posted or said on social media in relation to political and religious views.

Section 53 of the Road Transport Act 2013 (NSW) (“RTA”) provides “A person must not, unless exempted by the statutory rules, drive a motor vehicle on any road without being licensed for that purpose”.

Preparing a Will may seem daunting, but it is important that you put in place a Will that reflects your wishes, and to reduce the burden on your family and loved ones when you die.

When buying a property you need to ascertain if the property is vacant possession or tenanted.

One of the most important things to consider when making a Will is who you wish to appoint as your executor.

Without doubt, a family law matter can be extremely emotional and stressful times for all parties involved.

There have been some recent announcements with respect to the Stamp Duty system in NSW.

Under NSW Workers Compensation law, injured workers are entitled to a permanent impairment claim if they are assessed at 11% Whole Person Impairment or greater for a physical injury or 15% Whole Person Impairment for a psychological injury.

In NSW, there are certain formalities that are required to make a valid will.

It is fairly common knowledge that when you die your bank will freeze any account that is in your sole name.

Have you got genuine concerns about residential building work that has been done at your property.

Most people only seek legal advice for problems when they arise – when going through a divorce or after an accident for example.

Once Probate or Letters of Administration has been granted by the Court in a deceased Estate, and before any assets of the Estate are distributed, the legal personal representative (i.

In my previous articles, I gave a short outline of Section 65Y of the Family Law Act which relates to the removal of a child subject to Family Law Court Orders from Australia.

Purchasing a property at auction has different challenges to buying through a negotiated sale.

The Westpac Rescue Helicopter Service (WRHS) is proud to announce a new event partnership with Tamworth based Everingham Solomons Solicitors, as the law firm celebrates its 150th anniversary of serving the North West.

On 6 April 2022 the High Court handed down their decision, overturning the previous Supreme Court and Court of Appeal decision, of Tapp v Australian Bushmen’s Campdraft & Rodeo Association Ltd.

During their lifetimes, the deceased and her late husband had a longstanding share farming arrangement with David “[T]heir aspiration to be able to enjoy an idyllic farming property depended upon their being able to secure the services of a farmer like David, who was prepared to work hard for very little income”.

But what if there isn’t a Will.

Does all development need Council approval.

Headshot of Sarah Rayner - Solicitor at Everingham Solomons TamworthNew South Wales is the first state of Australia which has introduced Laws that makes it a criminal offence to cause the loss of an unborn child.

A common document that many people put in place when completing their estate planning is a Power of Attorney.

From 1 January 2021, businesses dealing with consumers in New South Wales (NSW) are liable to penalties if they do not disclose to consumers:.

After your funeral and your family has had time to process the loss of a loved one, it is necessary for the executor to deal with the deceased’s assets and liabilities.

A Power of Attorney (POA) and Appointment of Enduring Guardian (AEG) are documents that allow you to appoint another person to make major decisions on your behalf, usually when you do not have capacity to make such decisions yourself.

In my previous column published 27 November 2021, we reviewed the law regarding traveling overseas with or removing a child from Australia, when the child is a subject to family law proceedings.

The wheels of justice will continue to turn with the help of one Tamworth teenager.

This is an often asked question by Purchasers and Real Estate Agents.

Up to the late middle ages, business was pretty steady – one family owned a cow, another some cabbages, there was mutual jealousy and so they swapped.

Psychological injuries as a result of work are significant workers compensation claims, however there is a potential defence for employers to prevent psychological claims.

Whilst the role of executor of a will cannot be forced upon a person, the role if accepted, means the executor “owes a fiduciary duty to the estate in exercise of each of the duties of an executor”.

Deposit Bonds can be quite useful when buying Property.

It is not uncommon in businesses that an employee can also simultaneously be a Shareholder and Director of a company.

People commonly operate a business through a private company.

An AVO is an Apprehended Violence Order.

Covid-19 has forced a lot of industries to adapt to a new way of business and the legal industry is no different.

If you want them for your own…… more than they could ever know…… then you should know there has been recent changes in sexual consent Laws in NSW.

A Binding Death Benefit Nomination (BDBN) is a document that allows you to decide who will receive a benefit from any Superannuation you have accrued at the time of your death.

Knock Knock,.

A recent matter in the District Court of NSW considered a claim of negligence brought against a Council.

In Australia, a party to a marriage is able to make an Application for Divorce under Section 48 of the Family Law Act 1975 (Cth).

Recently, the Federal Government announced a permanent Australian-wide firearms amnesty, commencing on 1 July 2021.

Saving money to buy property, or even pay a deposit, can be very difficult especially when buying property for the first time.

If you are a tenant, you need to understand how you can use the leased premises when entering into a commercial or retail lease.

From 11 October 2021, all paper Certificates of Title for land in NSW will be cancelled and converted to electronic Certificates of Title.

Everingham Solomons Solicitors has seen significant growth over the last 12 months.

As a huge fan of the iconic Australian movie “The Castle”, my commitment to our clientele is more than a ‘vibe’.

Headshot of Sarah Rayner - Solicitor at Everingham Solomons TamworthOver the past few years, The NSW Property Law system has been progressively moving towards a system in which land dealings are being lodged electronically.

You’ve been saving hard and have the deposit to purchase your first home.

With the recent and unfortunate resurgence of retail lockdowns it’s timely to revisit landlord and tenant obligations in the retail leasing landscape.

We recently looked at the licensing and permit requirements to obtain a firearm.

When you do a job, you rightly expect to be paid.

When people seek to make a homemade Will ‘on the cheap’ without professional advice, it can cause additional stress and anxiety for the Willmaker’s family if a dispute arises as to the meaning of the Will with associated costs of litigation to resolve issues depleting the estate.

Assault is a very common crime dealt with by the Courts, but it is often misunderstood by the lay person.

Most Australians will at some point in their lifetime sign a lease.

If you are injured at work and require workers compensation, one of the entitlements available to you is weekly payments for the period you are incapacitated to work.

I began working at Everingham Solomons in 2019 as a legal administrator and have recently began a new role as a solicitor working in the property department.

We are often asked whether a local council requires an easement for its water and sewer pipes to remain on a person’s private land and further whether council is entitled to enter upon the private land to carry out repairs and works on that infrastructure.

In February 2021, the Senate passed the Federal Circuit and Family Court of Australia Act 2020 providing for the amalgamation of our two specialist Family Law Courts in Australia: The Federal Circuit Court of Australia and The Family Court of Australia.

The Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) came into effect on 29 March 2021 and replaced the Mental Health (Forensic Provisions) Act 1990 (NSW).

Recent amendments to regulations expand the applicability of the consumer guarantees regime under the Australian Consumer Law (ACL).

The answer is sometimes.

Buying or selling real estate is an exciting prospect.

There are various enquiries and inspections you should consider undertaking when purchasing a property.

In NSW a demerit point system applies to traffic offences.

Guns.

In New South Wales the Succession Act provides that an eligible person must commence Court proceedings for provision out of the Estate of a deceased person within 12 months from the date of death.

The death of a loved one can be an upsetting and difficult time.

Recently we wrote about adult children seeking to contest their parents will.

What is a Certificate of Title or eCT.

With the increased use of online services across all areas of our lives, cybersecurity is extremely important.

Like most people do when they find themselves with a spare 5 minutes, I was scrolling through my social media feed recently and I came across some marketing material for ABC’s upcoming show Fisk.

Under NSW Workers Compensation Law if you require treatment as a result of an injury the workers compensation insurer is required to pay for the treatment if it is considered reasonably necessary.

The phrase above isn’t an introduction to a joke, but rather the exact scenario in Darby v Director of Public Prosecutions [2004] NSWCA 431.

What should be done during the Decommissioning and Rehabilitation Phase.

In 2020 the New South Wales Parliament passed the Personal Injury Commission Act 2020.

From time to time the government seeks to stimulate the economy by offering grants and exemptions to entice us to dip our toes into the property market.

Under an Option Deed and a Lease Agreement, the most common payments are the option fee and the rent.

Part of the government’s response to the economic downturn caused by Covid-19 has been to encourage spending in certain sectors.

If you have bought or sold a property in the last few years, then you may have had a conversation with your Solicitor about postponed rates.

If a person makes a promise (“the promisor”) to another that s/he will obtain an interest in the promisor’s land and in reliance upon that promise, the other person then acts to his/her detriment, the law will intervene to prevent the promisor from going back on his/her word when it would be unconscionable for the promisor to do so.

Under Workers Compensation Legislation, if a worker is assessed at 31% Whole Person Impairment or greater they are considered a “worker with highest needs”.

The State Revenue Legislation Further Amendment Act of 2020 has received Royal Assent.

The Holliday season is something a lot of us look forward to for the whole year as it brings with it some much awaited time off from work.

With the COVID-19 restrictions lightening in time for the silly season, and people are frantically organising household gatherings we would be remiss if we didn’t remind you that you have neighbours.

Renewable energy is booming in Australia.

Winter is in the rear-view mirror, the scent of Spring is in the air and Summer is approaching fast.

There have been amendments as to what water efficiency measures a landlord needs to undertake under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020.

COVID-19 is continuing to have an enormous social and business cost in Australia and governments both State and Federal have been doing their best to provide assistance.

Everingham Solomons are pleased to announce that once again a Tamworth, Quirindi, Gunnedah or Manilla Year 12 student wishing to undertake university study in Law will have a valuable opportunity to receive the benefits of our Law Bursary.

Applying to change your child’s name after separation or divorce.

There are new break fees payable by a tenant who wishes to break a fixed term lease under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020.

There have been amendments as to what constitutes damage and the rules regarding removing modifications under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020.

Did you know that for certain traffic and parking offences committed within a school zone you can incur an additional demerit point.

There have been amendments as to what constitutes alterations of a ‘minor nature’ under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020.

“Life in the fast lane” is the title of one of the Eagles’ biggest hits from the 1970s.

There are new smoke alarm obligations for landlords and tenants under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020.

On 13 August 2020 the High Court handed down their decision in the appeal of the Full Federal Court’s decision in the Mondelez case.

There are new minimum standards to clarify “What premises are fit for habitation” under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020.

Due to the unprecedented disruption caused by COVID-19, many employees’ positions have been made redundant throughout Australia.

Mobile Drug Testing (MDT) has become common procedure when motorists are pulled over for a random breath test.

After more than 100,000 NSW drivers being found to be illegally using their mobile phone during a recent pilot period of 6 months, the NSW government has now implemented Mobile Detection Cameras statewide.

Recently, the Australian Prime Minister announced a limited time only grant to assist homeowners with building a new home or substantially renovating their existing home.

So, you are looking to find the perfect property.

As Willie Nelson famously put it, being on the road is a source of freedom and enjoyment for many people.

Bankruptcy is the legal process by which you are declared as not being able to meet your debts.

In 2012 the NSW Government made significant changes to the workers compensation system.

So you have sold your house and moving to a new property, who do I need to notify.

After the terrifying incident which occurred in Victoria recently, there has been more talk about what you are required to do when you are involved in a car accident.

I have recently joined Everingham Solomons working in the litigation team.

Land tax is levied by NSW Government on 31 December each year on all property you own that is above the land tax threshold.

The Wiggles are entertaining the kiddies, there is peace in the backseat and you just have to pop in to pay for petrol, surely its ok to leave the children for just a couple of minutes.

As every new employee commences work their employer must provide them with certain documentation and the documentation from the Fair Work Commission has recently been updated.

Capacity is a fickle thing which Solicitors and other professionals are required to assess before a person can make certain decisions for themselves.

COVID-19 has made many people think about their mortality.

It’s happened.

I am writing this article overlooked by various family photos including pictures of my dog Charlie.

The coronavirus is having a significant impact on many public services and of course families.

Confused by the requirements for how to restrain children in the car.

Your payments to contractors may be subject to payroll tax if the worker is considered as an employee.

Coronavirus is the hot topic on everyone’s mind but what happens if you contract Coronavirus as a result of your employment, can you claim workers compensation.

Planning ahead for individuals can be challenging but that task can seem harder for family members of individuals affected by severe disability and will often involve more than making a standard Will and appointing a Power of Attorney or Enduring Guardian.

The tension between business risk and responsibility dates from ancient times.

If you own a Family Trust that owns residential land in NSW or intend to purchase residential land and/or premises using your Family Trust, please note that Revenue NSW considers a Family Trust to be automatically subject to the foreign person surcharge on stamp duty and Land Tax.

One of the disputes workers compensation clients will encounter with insurance companies is whether treatment is reasonably necessary following a workplace injury.

Employment Contracts can contain Restraint of Trade clauses which affect the post-employment obligations of employees to their former employer.

It is widely known that Australia is in the midst of a terrifying Bushfire season which have had a devastating effect on our residents, wildlife and fire services and others, physically, mentally and financially.

It is said, “The only constant in life is change”.

With the devastating bush fires Australia has faced in recent times, it is a timely reminder to check and ensure that your smoke alarms are installed in accordance with the legislation and more importantly that they are in good working order.

Wrong.

So, you have sold your property and have decided to purchase another.

With the festive season in full swing and enthusiastic employees awaiting a party to unwind from their work responsibilities, employers should be aware that liability for workers compensation claims is still applicable.

The position of a trustee of a trust is an important position which is governed by State and Commonwealth Legislation and Case Law.

When making a Will you need to be aware of special rules that apply to gifts to non-resident beneficiaries.

There are strict rules that apply when a Landlord wants to bring a residential tenancy to an end.

If your business need skilled workers that are in short supply, a good option for your business is to employ skilled migrants who are already in Australia on a skilled visa such as subclasses 189, 190 or 489/491.

As many of you would know, there is a 5 business day cooling off period which applies to the sale and purchase of residential real estate.

You’ve been saving hard and have the deposit to purchase your first home.

Quite often, land developers place restrictive covenants on land.

Before answering this question, we should first understand what agricultural land is.

As of the 26th of September 2019, NSW has had a change to one of its road rules.

To bring a tenancy to an end you must provide written notice to the landlord or managing agent, in a specific timeframe depending on your situation.

The deceased died in 2016 aged 76 years survived by his widow and two adult sons and 6 grandchildren.

Bad debts can cripple any business.

If you are renting out your property, your property is likely to need maintenance from time to time.

When selling your property, it is usual for a purchaser to pay 10% of the purchase price as a deposit for the property.

Libby was recently awarded the prestigious title of ‘Young Employee of the Year’ at the 2019 Tamworth Quality Business Awards.

Its my great pleasure to introduce Ya Zhang, who recently joined the team at Everingham Solomons with a most impressive and unique experience.

A company is its own legal entity.

Under the NSW Workers Compensation system a worker is assessed, once they have reached maximum medical improvement, based on a percentage of whole person impairment.

Undertaking work before being paid is a part of business.

The saying “the only constant is change” certainly applies to the law and legal practice generally.

Changes to the law in NSW has implemented a no meter, no pump policy under the Water Reform Action Plan.

In every Contract there is a set time for Completion, or ‘Settlement’ as it is often called.

Despite the recent rainfall received in the area, there has not been any significant inflows into the state’s water storages.

I am often asked by clients who want to donate their organs, if they should include this wish in their Will.

Before you can advertise a residential property for sale you are required by law to have a copy of the Contract available for prospective Purchasers to inspect.

Many individuals now plan to have children on their own without a partner.

In NSW each year there are approximately 100 deaths that occur at work or as a result of work.

In our climate, effective air conditioning is usually very important to any lease of retail or office space.

This is an often asked question.

A Contract for the sale and purchase of property includes conditions stating that the purchaser accepts the property in its current condition and state of repair subject to all defects both obvious and hidden.

Are you an Employer.

Everingham Solomons is proud to announce the successful bursar for 2018 is Claire Annis-Brown.

Everingham Solomons is proud to be one of the major sponsors and organisers of the Pedal the Peel Cycling Challenge to be held at Moore Creek Tennis Club, Moore Creek Rd, Tamworth on Sunday, 7 April 2019.

Quite often I come across sellers, testators and mortgagors wherein their names are incomplete or otherwise different from their identification documents (ID) i.

Tougher penalties for drink-driving offences came into effect in NSW aimed at reducing trauma on our roads.

I’m often asked by Landlords what’s the best form of security to take from a tenant.

Further to Libby Campbell’s article last week in regards to hours of work and the calculation of pre-injury average weekly earnings (PIAWE), for work capacity decisions made on or after 1 January 2019, there is a new regime.

The payment of weekly compensation for workers compensation matters are calculated based on the workers pre-injury average weekly earnings (PIAWE) prior to the injury date.

Many readers will be members of Self-Managed Superannuation Funds (SMSFs) and will understand in general terms the limits imposed on SMSFs with respect to the types of investments they can make.

As some of you may be aware, land transactions have been moving over to an electronic platform called PEXA.

LAMA Will is a legal document which sets out who will receive your assets when you die.

Many injured workers are faced with having their weekly payments stopped due to a change in workers compensation laws that was introduced in 2012, limiting the amount of weekly payments a worker could receive to 260 weeks (5 years) under section 39 of the Workers Compensation Act 1987.

Every business relies on cash flow to survive.

I’m frequently asked what steps need to be taken when someone dies and how long will it take.

When married or de-facto parties with children separate they should try to enter into practical and child focused arrangements between themselves in regard to the care and welfare of their children.

There are many terms which might sound quite foreign when you sell or purchase real estate property.

On 19 June 2012 the Workers Compensation Act 1987 was substantially amended, one of those amendments was to greatly limit workers and their ability to claim benefits under the Workers Compensation Act for injuries sustained whilst on a journey to and from work.

On 16 August 2018 the Federal Court handed down a significant judgment in the matter of Workpac Pty Ltd v Skene relating to the classification of casual employment.

On 19 June 2012 section 9B of the Workers Compensation Act 1987 (section 9B) was introduced that provides that no compensation will be payable for people suffering from a stroke or a heart attack, unless the nature of employment gave rise to a significantly greater risk of the worker suffering the injury.

This is a question commonly asked by both buyers and sellers.

Everingham Solomons is delighted to announce that Director Mark Grady has become a Law Society sanctioned Accredited Specialist in Personal Injury Law.

Everingham Solomons are still accepting applications from Tamworth, Quirindi, Gunnedah or Manilla students for the Sir Adrian Solomons Memorial Law Bursary.

My name is Megan Jury and I recently joined the team at Everingham Solomons as a Solicitor.

Technology has fundamentally changed the way business information is stored and shared.

Quite often during marriage, separation and/or divorce, estate planning is the last thing on your mind.

Despite common belief, your superannuation fund does not form part of your Estate and is therefore not subject to the terms of your Will.

In order for residential property in NSW to be advertised for sale, a Contract for the Sale of Land is required to be prepared.

Injured workers receiving weekly entitlements are exposed, throughout the life of their claim, to a potential work capacity decision made by the insurance company at any time.

Business relationships are like marriages.

Everingham Solomons are still accepting applications from Tamworth, Quirindi, Gunnedah or Manilla students for the Sir Adrian Solomons Memorial Law Bursary.

Recently the Fair Work Commission during its four-yearly review of Modern Awards has ruled on Domestic Violence Leave.

The deceased died in 2016 without leaving a Will.

Under NSW workers compensation law medical expenses are stopped after certain periods depending on the severity of the injury.

Everingham Solomons Solicitors is proud to announce that George Hoddle and Clint Coles have been appointed as Directors of Everingham Solomons, in recognition of their expertise in their chosen fields of law, their professionalism, their commitment to the North West and their continued growth as lawyers.

When a marriage breaks down, it is not automatic that a property settlement occurs under the provisions under the Family Law Act.

A Building Information Certificate is issued by the Local Council for the whole or part of a building.

From 1 July 2018 the purchaser of ‘new residential premises’ will be required to withhold the GST amount from the purchase price on account of the GST liability of the vendor and pay that amount directly to the Australian Taxation Office (ATO) on or before settlement.

As of 13 March 2018 for the prevention of children falling from windows, strata schemes must have window safety devices installed on all applicable windows.

The 21st century has seen an increase in the use of flexible working arrangements and alternate employment settings, which can involve the home.

You’ve found a house you love, put in an offer and it’s been accepted.

Everingham Solomons are pleased to announce that once again a Tamworth, Quirindi, Gunnedah or Manilla Year 12 student wishing to undertake university study in Law will have a valuable opportunity to receive the benefits of our Law Bursary.

Whilst a company structure generally protects directors from being personally liable to pay the company’s debts, this is not always the case.

Earlier this year, Consolidated Pastoral Company (CPC), Australia’s largest privately owned cattle enterprise, hit the market sparking the all-to-often heard debate of whether this Australian agricultural gem will be snapped up by a Foreign Investor.

Under the Local Government Act 1993 (NSW), an on-site sewage system requires an Approval to Operate from the Local Council in order to be operated lawfully.

Not all couples wish to marry, but commit themselves to each other.

Purchasing real estate – is a final inspection necessary.

Under section 66 of the Workers Compensation Act 1987 workers are able to claim for permanent impairment for injuries which are assessed at greater than 10% whole person impairment (WPI) for physical injuries, or 15%WPI or more for psychological injuries.

Employers failing to pay superannuation could be hit with Court ordered penalties and even 12 months prison stints under draft legislation released recently.

What is settlement.

A recent decision of the Western Australian Supreme Court was a timely reminder of the need to be specific when making a Will.

In 2008 the deceased died at the hands of one of her two sons.

An easement is, put simply, the right of one landowner to use land belonging to another.

My name is Alexandra Long and I have recently joined the team at Everingham Solomons as a Law Graduate.

One area of recent reform to the Victorian Residential Tenancies Act is aimed at providing tenants with clear rights in relation to the keeping of pets.

When deciding to sell residential property, whether you list with a Real Estate Agent or you intend to sell privately, the law requires that you have a copy of the proposed Contract for the sale of the property available for inspection by a prospective purchaser.

Airbnb and other similar types of short-term accommodation are now very widely used in NSW.

If you wish to purchase land you are required under the Duties Act 1997 to complete a Purchaser/s Declaration.

In 2012 there were some big changes made to workers compensation laws, the impact of which are now being realised.

Increasingly people live their lives through their mobile phones.

In a recent Supreme Court of Queensland decision, the Court held that the real estate agent was liable for the representations it had made to a purchaser which were found to be false.

Two schemes currently exist for First Home Buyers.

The heat has arrived in the North West and the countdown to Christmas is here.

Up to the late middle ages, business was pretty steady.

The Family Law Act in Australia determines whether couples are in de-facto relationships for the purpose of adjusting their property interests upon the breakdown of such relationships.

Are you wanting to sell or buy land in NSW.

If you have been injured at work you may be eligible to claim for four types of compensation under the Workers Compensation Act 1987 (NSW).

Company directors may be personally liable for a debt incurred by the company if –.

Buying a house is an exciting time however if you have not purchased a home before, or haven’t for a while, it is hard to know where to start, or how it all works.

An Attorney acting pursuant to a Power of Attorney is required to comply with any and all conditions and limitations of the Power of Attorney instrument.

PEXA is a platform for e-conveyancing and facilitates an electronic settlement of your sale or purchase of land in real-time.

Last year, the New South Wales Government introduced surcharge land tax and stamp duty upon land purchases and land holdings by foreign persons.

Sometimes getting back to work after a workplace injury is not a seamless transition, particularly if you can’t perform your previous role.

CCA company is its own legal entity.

As of Monday 20 November 2017 changes to the Graduated Licensing Scheme (the process you go through from learner to fully licensed driver) are being implemented for new licence holders.

Companies are a common structure favoured by businesses, particularly where there are a number of unrelated parties involved.

My name is Libby Campbell and I have recently joined the team at Everingham Solomons as a Solicitor.

The Family Law Act 1975 deals with adjusting the assets and liabilities of separated married and de-facto couples.

Section 44 of the Constitution has never been as interesting as it is now, especially in the seat of New England.

The deceased married Carol in 1988.

In its simplest terms Crowdfunding involves using a social media platform to request relatively small amounts of money for a particular purpose.

As a child of the deceased, a daughter or son of the deceased is deemed to be a person eligible to bring a claim under the Succession Act which allows for eligible people to make an application to vary the Will.

A discretionary trust is an extremely popular choice for all types of investments as it provides great flexibility to make income and capital distributions to various family members and their related entities.

In 2015 the deceased died suddenly at the age of 55 without leaving a Will.

A Grant of Probate is a document issued by the Supreme Court that acknowledges the validity of the deceased’s Will and authorises the Executor/s to administer the Estate.

The recent case that has been reported regarding Matthew Leveson whose body has been found in the National Park south of Sydney, raises many interesting legal questions but not as many answers.

Forge was a company in the business of building power stations and had contracted with the Western Australian government to build one at Port Hedland.

If your circumstances suddenly changed and you could no longer manage your own affairs, do you have the necessary documentation in place to authorise another person to make financial and legal decisions on your behalf.

Everingham Solomons are pleased to announce that once again a Tamworth, Quirindi, Gunnedah or Manilla Year 12 student wishing to undertake university study in Law will have a valuable opportunity to receive the benefits of our Law Bursary.

The willmaker was survived by 4 adult children.

Before you embark on a new business or venture, one of the most important decisions you will need to make is what type of structure should be set up for the venture.

The Roads and Maritime Service (RMS) has the power to suspend driving licences in certain circumstances.

Security agreements are a safety mechanism for business.

Upon the continuous service of 10 years a worker in most circumstances is able to qualify for long service leave.

In NSW if a Will maker fails to make adequate provision in their Will for the proper maintenance, education and advancement in life of those entitled to such maintenance and support, a court is empowered to make an order for family provision to an eligible applicant.

Married couples and de-facto parties may seek to have their property divided when they go their separate ways.

The harsh reality is that if you do not have a Will, you do not have a say.

This is one of the most common questions asked in relation to deceased estates.

CC.

In 2014 Sally made a Will in which she left her property to her son Peter and the remainder of her estate her to daughter Jane.

Recent decisions in the Supreme Court have reinforced the Courts preference for keeping family operated farms together in certain situations in circumstances where a Will is contested.

To make a valid Will a person must be of sound mind when the Will is made.

Everingham Solomons is proud to be one of the major sponsors and organisers of the Pedal the Peel Cycling Challenge to be held at Moore Creek Tennis Club, Moore Creek Rd, Tamworth on Sunday, 2 April 2017.

In NSW, if a person was on their way to or from work (known as ‘journey claims‘) and they suffered an injury, they have always been covered for workers compensation.

Business operators need to review their business structures on a regular basis.

Most of us understand the importance of reducing a commercial contract to writing.

Too often people don’t devote the time they should to making a valid Will and keeping it up to date.

Contrary to popular belief freedom of speech and freedom of expression does not give you immunity to make unfounded or baseless accusations or allegations, or to vindicate, ridicule or threaten.

As the holidays are upon us it is worthwhile remembering that for separated parents, the Family Law Act states that both parents have “equal shared parental responsibility” of their children, until such time that a court says otherwise.

Appointing someone as your guardian does not mean handing over your decision making power.

Are you a shareholder of a private company.

Increasingly more of us depend on the “on-line world” to communicate whether it be for business or pleasure or to stay connected with family and friends.

The Mercury has risen, Paul Kelly is making gravy, Christmas is just around the corner and the Christmas parties are now in full swing.

The Australian Institute of Company Directors released its Director Sentiment Index for the second half of the year on 1 December 2016.

A trust is a relationship between people (including companies) about property.

When marriages or de-facto relationships come to an end, it is suggested that parties finalise the financial and property matters between them.

Through the employment of staff an employer has exposure for the actions of an employee that bind the employer.

I know it’s hard to accept but if you think “I’m young and healthy, I’ll worry about estate planning when I’m old and sick”, you are WRONG.

LAMA Willmaker died in 2015 leaving a Will where she left her estate to two of her children to the exclusion of one daughter.

Electronic signature processes are increasingly being used by businesses and financial institutions.

Distributed ledger technologies utilising “blockchains” are set to change the legal industry and the industries in which our clients operate.

As a general rule, a small business employer is not required to pay redundancy pay, as set out in the National Employment Standards however there are some circumstances where you may be legally required to make these payments.

It is very common for the owners of a business operating through a company to have to provide a personal guarantee of the debt owed to the bank by the company.

How do you go about leaving unequal provision of your children in your Will.

Making a valid Will is one of the most important things a person can do to protect their loved ones.

A class action bought by credit card, consumer and business deposit customers of a bank in relation to dishonour fees, late payment fees and the like has failed in the High Court.

Whilst businesses always plan to succeed, statistics show that about 1 in 2 new businesses fail in the short to medium term.

Often, after the separation of employment both employees and employers are concerned about whether or not restraints will apply to the former employee as part of their post-employment obligations to their former employer.

Undertaking work before being paid is a part of business.

Earlier this year Judge Mahoney of the District Court reduced an award of damages of $1.

When parents separate, often one parent will wish to move away with their children.

Often a business will have staff who hoard their annual leave, whether it is to insulate themselves for a rainy day, to seek longer periods of leave in the future, or perhaps they just prefer to work rather than holiday.

In NSW there are certain formal requirements required by law in order to make a valid Will.

As a general rule, a small business employer is not required to pay redundancy pay; however, there are some circumstances where an employer may be legally required to make redundancy payments.

All too often we hear of people agreeing to be an Executor for a family member or friend without knowing what they have agreed to, what their duties and obligations are, or what they are expected to do.

Everingham Solomons are pleased to announce that once again a Tamworth, Quirindi, Gunnedah or Manilla Year 12 student wishing to undertake university study in Law will have a valuable opportunity to receive the benefits of our Law Bursary.

I was invited to meet with members of the New England Cancer Carers’ Group this week and present to them on some of the legal issues faced by those who find themselves caring for a loved one undergoing treatment for cancer or some other illness.

There is something inherently intriguing about placing numbers after words in a punchy turn of phrase where, in the absence of any context, they mean absolutely nothing.

The answer is yes and no.

What is a Fixed Term Employment Contract.

The requirement that before a property can be sold or leased, the owner or landlord must have an up-to-date swimming pool certificate of compliance, has been postponed more than once.

Clearly there is no way of determining how long you will live for.

A Will stipulates how a person’s property is to be distributed after their death.

News reports occasionally contain stories about individuals with influence in tendering processes who receive “kickbacks” for giving favourable treatment to certain tenderers.

In 2007 superannuation laws were relaxed to allow superannuation funds (“Super Funds”) to borrow money to acquire assets.

For a Will to be valid the person making it, the testator, needs to have the requisite capacity…sound mind, memory and understanding.

Increasingly a significant proportion of an individual’s personal wealth can be found in their superannuation.

The starting position in respect of a person’s last Will is that the Will Maker is entitled to dispose of his or her property entirely as he or she thinks fit.

Businesses that charge excessive payment surcharges are now on notice from the Federal Government to clean up their act or face hefty penalties.

Legislators are hoping that property buyers in New South Wales will face less frustration with the new agents underquoting laws which came into effect on the 1 January 2016.

In February the High Court gave its decision in CGU Insurance v Blakely.

In NSW it is an offence to drive a motor vehicle on any road without being licensed for that purpose.