Are you renting out your property and need a plumber?

If you are renting out your property, your property is likely to need maintenance from time to time. You may consider a handyman or woman to do the “easy jobs” like replacing tap washers or taps, repairing or replacing leaking toilets and cisterns as a good low cost alternative to engaging a licensed contractor.

However, when hiring someone to do any plumbing work, you must make sure they hold a current licence.  Only a qualified and licensed plumber and/or drainer can legally undertake repairs such as but not limited to:-

  • Replacing tap washes or taps
  • Repairing or replacing leaking toilets and cisterns
  • Repairing or replacing a hot water service
  • Repairing water leaks
  • Clearing or repairing blocked sewer lines

Any person doing plumbing repairs for a payment who is not suitably licensed is breaking the law and can be fined $1,100.00.… Read More

Should you accept a lesser deposit?

When selling your property, it is usual for a purchaser to pay 10% of the purchase price as a deposit for the property. This money is usually held by the Real Estate Agent and under the standard conditions of the Contract can be recovered by Vendor if the Purchaser defaults on the Contract.

However, it is becoming increasingly more popular for Purchasers to ask if you will accept a 5% deposit or sometimes even less.

So what happens if you accept a lesser deposit?

Most of the time, the transaction is completed as normal and the money that would have been held as a deposit is simply paid to the Vendor at settlement.… Read More

Congratulations to Libby Campbell, Tamworth’s Young Employee of the Year.

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

Libby is a Tamworth local who obtained her undergraduate degrees in Arts and Law at the University of New England, Armidale.

While attending university, Libby was involved in a number of community incentives including Backtrack Youth Works, a not-for-profit organisation that assists troubled youth involved in legal proceedings.  Around this time Libby was also selected to complete an internship with Magistrate Stafford at the Armidale Local Court.  These two experiences particularly afforded Libby a very immediate view of the judicial system, even before she was qualified to practice in it.… Read More

Introducing Ya Zhang

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

Ya completed her undergraduate qualifications in law in China.  She was then admitted to practice as a lawyer in 2007.

For many years she worked from the Beijing and Shanghai offices of one of world’s largest law firms, primarily in their corporate and commercial law teams.

Ya then moved to the US where she obtained a masters degree in law from the Cornell Law School and shortly thereafter fulfilled the rigorous requirements entitling her to practice at the prestigious New York Bar.… Read More

Insolvent trading

A company is its own legal entity. While it doesn’t have a pulse, just like a person, a company can enter into contracts, incur debts, sue and be sued in its own name.

The directors of a company however must be living, breathing people.  They are the people that control the company.  Although the company is able to do things in its own name, it does so at the will of the directors.

Because a company is a separate entity from the directors that guide it, normally a company’s debts are repaid only from the company’s assets. The company’s creditors do not have access to the directors’ personal assets to repay the company’s debts. … Read More

Section 38A of the Workers Compensation Act 1987 – a bonus for workers with Highest Needs

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. This percentage then equates to varying levels of compensation. If a worker is assessed at greater than 30% whole person impairment the worker is then considered a worker with Highest Needs.

Section 38A of the Workers Compensation Act 1987 then comes into play as it provides a special provision for workers with Highest Needs. Provided the worker has some level of incapacity, the worker has access to a minimum weekly payment of compensation. Under section 38A the amount is $788.32 indexed, and is currently $840 per week.… Read More

Defensive Debtor Control – Clint Coles

Undertaking work before being paid is a part of business.  If you’ve been in business for a while you’ll know the difficulties that can arise in getting paid after the fact.

This is a situation where prevention is much better than cure.  There are a number of steps that a business can take to greatly reduce the likelihood of payment problems arising.

Although it seems simple, the first is often overlooked.  It is important to properly identify who your business is dealing with and to make an assessment of the creditworthiness of the entity you are contracting with.  People and companies can enter into contracts, but nobody else. … Read More

We are still learning – Ken Sorrenson

The saying “the only constant is change” certainly applies to the law and legal practice generally. Laws and client needs are constantly changing.

To be an expert and effective solicitor, a lifetime of continuing legal education is required.  In that context Everingham Solomons is very pleased to announce that Clint Coles has been awarded a Master of Laws degree by Sydney University.

The Master of Laws course conducted by Sydney University is without doubt one of the most rigorous and prestigious in Australia.  Clint’s studies centered particularly upon commercial law subjects such as –

  • advanced rules for the drafting and interpretation of commercial contracts, the ability for terms to be implied into contract and the availability of juristic remedies in the case of ambiguity;
  • personal and corporate insolvency including the roles of directors, proprietors, creditors and secured parties in insolvency;
  • Australian business taxes particularly the major transaction taxes of capital gains tax, stamp duty, GST and the various carve outs and concessions;
  • advanced study of the establishment and use of the commercial trust as a vehicle for business and investment, the regulation of managed investment schemes and the potential liability of trustees and beneficiaries,
  • the rationale behind and implementation of the recently developed Personal Property Securities regime in Australia, its impact on borrowers and secured parties and its role in the leasing environment; and
  • structuring strategies for asset protection in the estate and business planning context.
Read More

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.
Read More

Don’t be late! The consequences of not completing a Property Contract on time. – Katie Cook

In every Contract there is a set time for Completion, or ‘Settlement’ as it is often called. The time for Completion can be a set number of days or weeks after exchange takes place (eg 42 days or 6 weeks), or a set time after another event takes place (eg 14 days after a plan or subdivision has been registered).

Completion or Settlement is essentially when the Purchaser hands over their money and takes title to the property.

It is crucial that a purchaser in a property transaction is aware of the date that Completion is due under the Contract, as there are serious consequences when Completion doesn’t take place on time.… Read More