Irrigation Users – No Meter, No Pump – Alex Long

Changes to the law in NSW has implemented a no meter, no pump policy under the Water Reform Action Plan.  Greater penalties now exist for Water Licence holders who do not comply with the obligation to install a properly working meter.

Under the plan, it will be an offence for Water Licence holders to:

  • Fail to comply with the conditions of a Water Licence or works approval which requires the installation of a meter;
  • Fail to install metering equipment when required;
  • Take water from a metered water supply work if the meter is not working properly;
  • Interfere with, damage, destroy or disconnect any metering equipment; or
  • Fail to keep the required metering records.
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Water Crisis NSW – how temporary restrictions affect your WAL or Approval. – Alex Long

Despite the recent rainfall received in the area, there has not been any significant inflows into the state’s water storages.  On 31 March 2019, the Minister for Regional Water made an order for temporary water restrictions under Section 324 of the Water Management Act 2000 (the Act).

Under Section 324, the Minister has the authority to order temporary water restrictions within a water source for a specified period if those restrictions are determined to be in the public interest. Under Section 324(1), public interest includes “to cope with a water shortage, threat to public health or safety or to manage water for environmental purposes”.… Read More

Employee Notice Periods

Are you an Employer? If so, are you aware of each of your employee’s termination notice period entitlements are?

Many employers do not take the time to understand their employment contracts and the effects of the National Employment Standards (NES). This can lead to harsh financial implications when terminating employees or, for example, selling your business, due to the requirement to provide the minimum period of notice or payment in lieu of notice.

If the notice period in the employment contract is greater than the minimum provisions under the NES, then the employment contract will apply. However, if the notice period in the employment contract is less than in the NES, the NES will prevail.… Read More

Dealing with Farm Debt – What are your options? – Alex Long

AJL B&W with bookcasesWith the ongoing drought, many farmers are facing situations where their creditors are seeking resolution of issues involving farm debts. Under the Farm Mediation Act 1994, creditors and farmers are required to engage in mediation prior to any enforcement actions being taken under a farm mortgage. As your solicitor, we can help prepare and advise for the mediation and to consider options realistically. Farmers are also entitled to have their solicitor represent them at the mediation. Mediation is a structured negotiation process where a neutral and independent mediator assists the parties to communicate effectively with one another and reach an agreement on the issues.… Read More

Do I need a Binding Death Nomination for my Superfund? – Alex Long

AJL B&W with bookcasesDespite common belief, your superannuation fund does not form part of your Estate and is therefore not subject to the terms of your Will. Most superannuation funds allow you to elect to make a binding death benefit nomination which binds the Trustee of your superfund to pay your death benefit to your nominated beneficiaries. If you do not have a binding nomination in place at the time of your death, the Trustee of your fund has the discretion to decide who is to benefit from your super. The Trustee is not bound to follow the directions of your Will, as superannuation is not an asset of the Estate.… Read More

NSW Government Grant for Farm Succession Planning – are you eligible? – Alex Long

AJL B&W with bookcasesThe importance of having a legally drafted farm succession plan is paramount in these difficult times as forward planning becomes a crucial factor in the survival of rural farms and rural small businesses.

Under the NSW Government’s Farm Household Allowance, an Activity Supplement payment of up to $3,000.00, payable to both you and your partner ($6,000.00), can be used to obtain professional legal advice on succession planning that will help improve you and your family’s future business sustainability and secure your financial position.

In a study published in 2005, it was reported that over a quarter of Australian farms were being run by owners who are over 65 years of age, making succession planning an issue of dire importance.… Read More

Will agricultural giant CPC go to a Foreign Investor? – Alex Long

AJL B&W with bookcasesEarlier 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. In February 2018, the possibility of CPC being acquired by a Foreign Investor was made potentially harder when the Australian Government announced their new formal policy and guidelines to be applied by Australia’s Foreign Investment Review Board (FIRB) to proposed acquisitions of agricultural land by a foreign investor.

The Government indicated that these new rules were implemented in order to enable more opportunity for Australians to invest in agricultural land.… Read More

Welcome Alex Long

AJL B&W with bookcasesMy name is Alexandra Long and I have recently joined the team at Everingham Solomons as a Law Graduate.

I graduated from UNE in September 2017 and am currently undergoing my Graduate Diploma of Legal Practice through the College of Law and will be admitted in June 2018 as a Solicitor

I was born and raised in Gunnedah and went to boarding school in Sydney. I completed my Bachelor of Laws through the University of New England, attending the university and Robb College in 2012 and undertaking the remainder of the degree by correspondence. I spent the last 4 years in the Northern Territory contract mustering and running the livestock administration for a Livestock Export Yard in Katherine, NT.… Read More