Your Certificate of Title and Identity Fraud

What is a Certificate of Title or eCT?

If you are a home owner, your Certificate of Title (land title deed) is an instrument executed by the Registrar General at the Land Registry Services, and is evidence of your ownership of your property. In 2018, all paper Certificates of Title held by the banks were converted to electronic certificates of title called eCT’s.

Where is the Certificate of Title normally kept?

If your property is mortgaged, your eCT is held by the mortgagee – the person or entity who lent the money to you, for example the Bank.
If you do not have a mortgage, your paper Certificate of Title should be kept in a safe place, for example:

• With your solicitor
• In a safe deposit with the Bank
• In a safe place with your other personal papers

What happens if a Certificate of Title is destroyed or misplaced?Read More

Claims by adult children in contested Wills

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. In NSW a claim must be made within 12 months of the date of death.

There is an emerging predisposition on the part of Judges of the Supreme Court that adult children bringing a claim for further additional benefits from the Estate, which their claims may be dismissed entirely or otherwise the provision made for them will be made in a paltry amount.… Read More

Oh no, where has my money gone! Cybersecurity in property transactions.

With the increased use of online services across all areas of our lives, cybersecurity is extremely important. Particularly in conveyancing transactions where large amounts of money are transferred between accounts.

Email phishing is of particular concern and requires that we all be extra vigilant in dealing with email communications. Phishing is where a criminal impersonates an organisation in order to steal or alter important information.

For example, let’s say you have a property purchase coming up and have been liaising with your solicitor via email. Your email may have already been hacked without your knowledge and the hackers have been tracking those emails.… Read More

Fisking up your Will.

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. Now I’m in no way part of the Fisk marketing team, but for context, the show will revolve around a Law Firm which practices in Wills and Estates.

The video in question showed some snippets from the show along with asking the cast if they had a Will in real life. Of the six Cast members that were asked, only one confirmed that they had a Will.… Read More

Have your workers compensation treatment expenses been paid?

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. However, there is a process to obtaining pre-approval and payment for expenses related to medical treatment as a result of your injury.

To commence with treatment you must seek pre-approval from the workers compensation insurer. Any request for reasonably necessary treatment should be approved by the insurer within 21 days of that request being made pursuant to Section 60 of the Workers Compensation Act 1987.

If the workers compensation insurer has exceeded this time frame we can intervene on your behalf to obtain a response from the insurer.… Read More

A policeman and a dog walk into a bar….

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.

Mr Darby was standing outside a nightclub in Sydney. A plain clothes police officer and his drug detection dog, Rocky, were walking past on their way to enter the club. As Rocky walked past Darby he began sniffing the air and then walked up to and placed his nose on Darby’s pocket. Rocky’s actions in placing his nose on Darby’s pockets, involved him “bunting and ferreting” Darby’s pocket and genital areas. Police subsequently searched Darby and found him to be carrying drugs.… Read More

Sir Adrian Solomons Law Bursary Recipient

The 2020 Sir Adrian Solomons Memorial Law Bursary was awarded to Riley Bomford of Calrossy Anglican School.

Riley obtained a NSW ATAR of 97.5 and band sixes in five Higher School Certificate subjects. Riley was the Calrossy boys’ school captain for 2020 and involved in charitable and community based activities too numerous to particularise in full. Riley plays rugby and cricket as well as holding refereeing and executive positions in those fields. For 2021, Riley is studying law at the University of New England whilst working full time as a court officer at the Armidale Court House.

Everingham Solomons is very proud to be associated with such a well-rounded, hard-working and community conscious individual.… Read More

Renewable Energy Projects – Part 3

What should be done during the Decommissioning and Rehabilitation Phase?

At the end of a renewable energy project’s operating life, the wind or solar farm will be decommissioned and all turbines, arrays and other infrastructure will be removed from the land. Following removal of all equipment and related infrastructure, the land will undergo a series of steps to ensure return to agricultural use. The obligations to ‘make good’ rests with the project owner.

Generally, the Development Approvals and the lease agreement contain provisions explicitly setting out the requirements for the decommissioning and the expectations around rehabilitating the land.

Further, the planning assessment process normally requires a Decommissioning and Rehabilitation Plan (DRP) to be prepared.… Read More

The New Personal Injury Commission

In 2020 the New South Wales Parliament passed the Personal Injury Commission Act 2020
which was legislation to establish a Personal Injury Commission. The idea behind the Personal Injury Commission is that it will combine the Dispute Resolution Systems of the Workers Compensation and CTP Insurance Schemes into one Tribunal. The commencement date of the Personal Injury Commission is 1 March 2021.

The New South Wales Governments hope is that the new Personal Injury Commission will make it easier and more cost effective for injured people to claim in their respective jurisdictions.

The Personal Injury Commission will adapt a digital platform and it is expected that regional cases will now proceed on par with city matters, avoiding unnecessary delay.… Read More

Helping First Home Buyers to achieve the Australian dream

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. First Home buyers have been the traditional beneficiaries of these grants, with the original First Home Owner Grant being introduced in July 2000 in an attempt to negate the effect on the property market of the newly introduced GST. Since that time there have been numerous schemes with similar names helping first home buyers realise the Australian dream of property ownership.

Eligible first home buyers can currently apply for two schemes – one that provides a grant of $10,000, and the other an exemption or concession from stamp duty.… Read More