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!
Yes I know you probably know that, but as the holidays are celebrated, it’s a timely reminder that noise restrictions still apply during this time.
Noise restrictions apply to all types of noise but probably most relevant for the festivities is those carols and other tunes we all love to hate. This includes musical instruments.
So how loud is too loud? Essentially, if it can be heard in your neighbour’s house, it is noise that is restricted.
Music is allowed but must not be heard between the following times:
1. Friday, Saturday and any public holiday’s eve between midnight and 8am.
2. Any other day between 10pm and 8am.
The other thing to be mindful this time of the year is with respect to garden equipment and power tools. With the gardens needing to be in tip top shape for the relatives but it’s also 40⁰ during the day, the urge to get up at the crack of dawn is tempting. But this kind of noise is also restricted and cannot be heard between the following times:
1. Sunday and public holidays 8pm- 8am.
2. Any other day 8pm and 7am.
Other noise restrictions apply such as, alarms, noises made by cars (except general coming and going) and air conditioners.
Fines do apply for breach of Noise restrictions and can be given out by Police as well as your local Council.
If you can’t keep those singing voices in check over the holiday break Everingham Solomons has experienced Solicitors on deck because Helping You is Our Business.
Winter is in the rear-view mirror, the scent of Spring is in the air and Summer is approaching fast. It’s the perfect time to do the odd jobs around the house and tend to those overgrown yards. However, in order for your yard to look schmick you might be required to load up the trailer and head to the tip.
This is a timely reminder for all, that penalties for uncovered, unstable and overhanging loads can be quite harsh.
Fines for these offences will see you obtain 3 demerit points and cop a fine of $457.00 per offence.
That’s quite an expensive rubbish run!
So how can you avoid being caught for these offences?
Well there are specific considerations and rules to follow when loading up your trailer. These include ensuring that:
1. All loads are covered to secure and contain all materials within the trailer.
2. All loads are restrained using an appropriate restraint method.
3. All loads are loaded in a manner which does not make the trailer unstable or unsafe.
4. A load is not to be more than 150mm wider than the trailer or be more than 2.5m overall width, whichever is less.
5. Loads that project more than 1.2m behind a trailer have a red flag attached to the end of the load. This flag must be at least 300mm square and clearly visible.
Demerit points and fines can also apply for the following:
1. Exceeding towing capacity;
2. Not removing items that have fallen out of a vehicle/ trailer; and
3. Failing to attach a trailer to your vehicle correctly.
So if you are looking to be a weekend warrior, tip voucher in hand, cover up and secure those loads!
If you have lost your licence for accruing too many demerit points contact Everingham Solomons because Helping You is Our Business.
Did you know that for certain traffic and parking offences committed within a school zone you can incur an additional demerit point?
So not only will you incur the demerit points for whatever offence you committed, you may get an additional point for committing the offence in a School Zone. If that’s not enough, the fines that you will face are substantially higher for offences committed in a School Zone.
Take for example a Class A vehicle caught speeding, less than 10/km over the speed limit. This offence would usually get you a $121.00 fine and one demerit point. This offence committed in a School Zone would be a $200.00 fine and two demerit points.
So what are school zones and when do they apply?
Well the simple answer is they are the immediate area surrounding all NSW schools that are in effect when the lights flash. Typically, and for the majority of NSW Schools, School Zones are in effect between the hours of 8.00am – 9.30am and 2.30pm – 4.00pm on school days. School days are Monday – Fridays excluding Public Holidays and publicly notified school holidays for government schools.
However, there are some schools in NSW that have different hours of operation than the ones mentioned above. If you are worried about how you will be able to tell if a school zone is operational, these select Schools have signs that make it clear the hours in which the school zone is in effect.
Be careful though! On days such as pupil free days, where the children are not necessarily at school, these school zone speed limits can still apply.
At Everingham Solomons our team can offer advice and representation with respect to licencing matters and traffic offences because Helping You is Our Business.
Mobile Drug Testing (MDT) has become common procedure when motorists are pulled over for a random breath test.
Some illicit substances can stay in your system for weeks after you use them and as such, drug driving offences are becoming more common.
MDT utilises technology that can detect the presence of illegal drugs such as ecstasy, cannabis, cocaine and methamphetamine. Most Police vehicles now have the capacity to test for these illicit substances roadside by way of an oral fluid swab.
If your roadside test is positive, you will be required to attend a police station or mobile drug testing vehicle to give a second sample. The second sample will then be sent to a laboratory for analysis. If this test is positive you will then be charged. One of the most common drug driving offences is driving with an illicit drug present in oral fluid, blood or urine.
A first time offender will likely be given a penalty notice (fine) of $572.00 and a three (3) month suspension, however you will not be required to attend Court. A subsequent offence will incur much higher penalties and you are required to attend Court to have your matter heard. Fines of up to $3,300.00 may apply with your licence being disqualified for a minimum 6 month period.
The other common offence is driving under the influence of alcohol or another drug. This offence is far more serious and as such imposes much harsher penalties. First time offenders will receive a minimum disqualification period of twelve (12) months and fines of up to $3,300.00. Further, this offence can be subject to a term of imprisonment.
Subsequent offences can incur fines of up to $5,500.00, a disqualification period the court decides appropriate (but which is not capped) and a term of imprisonment of up to two (2) years.
Due to the serious nature of these offences, and the risk of imprisonment, if you are charged with drug related driving offences, we would suggest that you obtain legal advice as soon as possible.
At Everingham Solomons our team can offer advice and representations with respect to licence suspensions and disqualifications because Helping You is Our Business.
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.
The detection camera systems use technology which captures the front row cabin space of the vehicle to detect illegal phone use.
So perhaps a refresher of what is a legal use of a mobile while drive may assist.
An unrestricted driver is allowed to do the following while driving:
– Make or receive a call, however you must have the phone secured in a cradle or be able to use the phone without touching it.
– Use music or audio functions, however you must have the phone secured in a cradle or be able to use the phone without touching it.
– Use as a drivers aid ie: Navigation, but your phone must be secured in a cradle which is fixed to the vehicle.
If you are a learner or provisional driver, it is illegal to use your phone at all while driving.
With the recent developments in technology, there are also some recent changes and clarifications regarding phone use while driving.
All drivers are now allowed to use their phone to access their digital driver’s licence, however only if a Police officer directs you to do so.
In addition, drivers are allowed to use their phones to pay for things or complete transactions, but only in circumstances where the car is stationary and you are off the road. You are considered to be off road if you are in a driveway, carpark or in a drive through. So yes, you can pay for that Happy Meal using your phone!
Drivers found to be using their mobile phones illegally will be penalised five demerit points and a fine of $344. As an added incentive to be safe around our little ones, the fine for illegally using your phone while driving in a school zone is $457.00 and you will cop those five demerit points too.
Everingham Solomons has experienced solicitors who are able to provide advice and represent you in all traffic matters because Helping You is Our Business.
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.
The Homebuilder Grant will give eligible home owners an amount of $25,000.00 toward their building contracts.
The eligibility requirements for the grant are as follows:
1. Australian citizen/s over the age of 18 years old;
2. Owner/s of the land must not be a company or a trust;
3. Be an individual with a taxable income less than $125,000.00 or if you are a couple with a combined taxable income of less than $200,000.00;
4. Enter into a contract for building work after 4 June 2020 and before 31 December 2020, with construction commencing within 3 months of the contract date; and
5. The building contract must be either for a new home valued less than $750,000.00 or for a substantial renovation to your principle place of residence where the value of your home is not more than $1.5 million and your building contract is between $150,000.00 and $750,000.00.
There are some limitations to what you can use the grant for. You must use the grant to improve the main dwelling on the land and cannot use it for other additions such as swimming pools, sheds or other sporting/ recreational facilities.
This grant is in addition to the already existing NSW First Home-owners Grant (New Home) and the NSW First Home Buyers Assistance Scheme. It can also be used in conjunction with the Commonwealth’s First Home Loan Deposit Scheme and the First Home Super Saver Scheme.
Whether you’re looking to purchase your first home, or to purchase an investment property, Everingham Solomons have experienced Conveyancers, Solicitors and Property Specialists to assist you because Helping You is Our Business.
Bankruptcy is the legal process by which you are declared as not being able to meet your debts.
Once you are declared bankrupt a Trustee is appointed to manage and control your assets. Essentially the appointed Trustee is given the power to sell your assets as well as use any funds in your bank account(s) that are in excess of the threshold, to pay back money owed by you. Any assets that are sold or used by the Trustee makes up what is known as a bankrupt estate.
So what happens if you receive an inheritance prior to becoming bankrupt?
Much like any other funds in your bank at the time you declare or are declared bankrupt or any other asset of value, an inheritance will be used to pay back any debts you owe.
Essentially the same thing will happen if you receive an inheritance during the period of which you are bankrupt. Money or property received can be sold or used by the Trustee to pay off your debts.
So is there any way to protect an inheritance from being used to pay back your debts?
This question is difficult to answer.
You cannot simply write in a Will that you do not want the inheritance to go to the trustee of the bankrupt estate. Nor can you secretly give the bankrupt person their inheritance another way. It will be considered that you have defrauded the bankrupt estate and a claim can be made by the trustee to recover this inheritance.
However, with careful estate planning there are ways to protect an inheritance from being claimed by the bankrupt estate. A person can establish what is known as a discretionary testamentary trust. When assets are left to a trust, a trustee is appointed, which gives them the power to deal with property and assets. As the power lies with the trustee of the testamentary trust to deal with bequeathed assets, they are protected against a claim by a trustee of the bankrupt estate.
There can be many implications of creating a testamentary trust and it is not as simple as it may sound. You should seek legal advice as to the suitability of such a trust.
If you are considering bankruptcy or are concerned about a beneficiary becoming bankrupt, our experienced Solicitors can advise you because Helping You is Our Business.
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.
In NSW, under the Road Transport Act 2013 it is an offence if you are driving and you fail to stop and assist after being involved in an impact which has caused injury or death. This could be impact with another vehicle, a person, or any other object. It also applies if a person is thrown from a vehicle.
Penalties for this offence are significant, with first time offences facing 18 months imprisonment and a $3,300.00 fine.
You can be found guilty of this offence, even if the accident was not your fault.
So what assistance are you required to give in these circumstances?
Well this depends on you and your capacity to render assistance. The Legislation states that you are to give the assistance which is in your power to give. At a very minimum you should to do the following:
1. Call “000” for an Ambulance and the Police; and
2. Make the scene safe for everyone which includes things like turning off the ignition of any vehicles involved in the crash and
applying hand brakes.
So what are you required to do if no one is injured?
Well things become much simpler. If the Police do not attend the scene of the accident, you are required to report the accident to the police within 24 hours, if you had to be towed, or there was damage of any kind.
Lastly it is important to note that after any accident, if you are asked to provide your details by another driver, you must provide them with:
1. Your name, address and Licence details;
2. Your Registration details; and
3. The name and address of the owner of the Vehicle (if it is not yours).
It is important that you adhere to the road rules as there can be some harsh penalties if you get caught doing the wrong thing on our roads.
If you require assistance with fines, traffic offences, or motor vehicle claims for personal injury, Everingham Solomons have the experience and expertise to assist you because Helping You is Our Business.
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?
We hear stories of people leaving their children in the car all the time and some of the tragic consequences that can arise when they do. But is it an offence to leave the children in the car? Well, yes it certainly can be.
The Legislation that deals with these circumstances is the Children and Young Persons (Care and Protection) Act 1998 (NSW). Under this legislation, it is an offence for a person to leave a child or young person unsupervised in a motor vehicle in circumstances where:
• The child or young person becomes or is likely to become emotionally distressed, or
• The child’s or young person’s health becomes or is likely to become permanently or temporarily impaired.
Fines of up to $22,000.00 apply if you are found guilty of this offence.
Further, if a child is injured or endangered as a result of being left unsupervised in a motor vehicle, you can be charged under Criminal Law. These offences vary, but you may be charged with offences such as, abandonment of a child and causing grievous bodily harm. These offences are very serious and if convicted, you may face a lengthy term of imprisonment.
So think twice before popping to the shops or paying for that fuel, because little lives are in your hands and the consequences of this decision can be devastating.
Everingham Solomons have Solicitors with a wide range of knowledge of the Law, from traffic infringements to negligence, no matter your legal problem, we have the expertise to help because Helping You is Our Business.
Capacity is a fickle thing which Solicitors and other professionals are required to assess before a person can make certain decisions for themselves.
There are many factors which can affect ones decision making capacity; including a number of medical conditions, disability, age, and level of education.
Under Australian Law there is a presumption that an adult has their own decision making capacity.
In addition to this, there are some documents where a specific test for capacity is required. These documents usually require that a person specifically understand the nature and effect of the documents that they are signing.
Generally, this means that a person must be able to:
• Understand the facts and the choices involved with the decision;
• Weigh up the consequences and potential ramifications of the decision;
• Make a decision free from the influence of family and without coercion; and
• Communicate their decision clearly.
Remember, just because a person makes a decision that you don’t agree with, does not mean that the lacked the capacity to make that decision!
A person must have the capacity to make the decision at the time that the decision is made or effect is being given to the decision. For example a person must have capacity at the time of signing a legal document.
It is important that you think about your future while you have the capacity to do so. This might include planning for the event that you do lose the capacity to make your own decisions.
Documents such as a Power of Attorney and Appointment of Enduring Guardian can be drafted where you nominate someone to make decisions on your behalf, in the event of a loss of capacity. Unfortunately, once you lose capacity it is too late to put these documents in place.
If you wish to ascertain if you or a loved one could make a legal document or have questions about what happens after a person loses capacity please contact our office because at Everingham Solomons Helping You is Our Business.
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!