Abolition of Certificates of Title for land in NSW

Headshot of Jessica Wadwell - Conveyancer at Everingham Solomons TamworthFrom 11 October 2021, all paper Certificates of Title for land in NSW will be cancelled and converted to electronic Certificates of Title.

What does this mean for me as a landowner?

1. If you hold a paper Certificate of Title, that paper title will be cancelled.
2. Those who pay off their mortgage will not receive a paper title.
3. A cash purchaser of land will not receive a paper title following settlement.
4. When a parcel of land is subdivided, consolidated or in any other way created, a paper title will not be issued for that new parcel of land.… Read More

New Associates Announcement

Headshot of Mark Grady - Accredited Specialist and Director at Everingham Solomons TamworthEveringham Solomons Solicitors has seen significant growth over the last 12 months.

We have welcomed a number of new staff and our existing staff have continued to develop in their careers.

Recently we celebrated Nick Hawkins and Lachlan Ennis being admitted as Solicitors to the Supreme Court of New South Wales. Nick Hawkins works in our Property Law team and Lachlan Ennis works in our Family Law team.

Today, it is with great pleasure that I announce that Solicitors Libby Campbell and Sarah Rayner have been promoted to Associates.

Libby has been with our firm since 2017 and has been a shining light in the Workers Compensation and Personal Injury space.… Read More

Introducing Lachlan Ennis

As a huge fan of the iconic Australian movie “The Castle”, my commitment to our cliental is more than a ‘vibe’. Dedication to assisting the individual client with understanding and achievable outcomes is my commitment.

In 2017 I graduated with a Bachelor of Arts and Bachelor of Laws from Macquarie University. In 2021 I completed a Post-Graduate Diploma of Legal Practice from the College of Law. Shortly thereafter I was admitted to practice as a solicitor by the Supreme Court of New South Wales.

I have been living in Tamworth since 2015 and love the numerous opportunities and lifestyle choices that the region offers.… Read More

The Death of the Title Deed

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. The electronic system is known as eConveyancing.

Recently, the Office of the Register General has announced the date in which NSW will become a 100% electronic system.

This date is being referred to as the Cessation Date.

The Cessation date of 11 October 2021 brings with it a multitude of changes.

One of the bigger changes to the system is the abolition of the Certificate of Title (CT), or more commonly known as the title deed.… Read More

When does “approval” of finance, really mean you have the loan?

Headshot of Suzanne Hindmarsh - Conveyancer at Everingham Solomons TamworthYou’ve been saving hard and have the deposit to purchase your first home. You’ve looked at many houses and finally found the one. You’ve made an offer through the real estate agent and your offer has been accepted by the vendor.

You organize your pest and building reports. You know your finance is arranged as you’ve been pre-approved by your chosen lender. WRONG!

A pre-approval of finance from a lender is only an “indication” of the amount the lender considers you may borrow based on your previous financial circumstances.

Until you make a formal loan application for the house you have chosen and subsequently you receive written confirmation of finance approval from your lender noting the details of the house you intend to purchase plus a signed loan offer, the lender is under no obligation to provide you with finance.… Read More

Covid retail leasing update

Headshot of Clint Coles - Director at Everingham Solomons TamworthWith the recent and unfortunate resurgence of retail lockdowns it’s timely to revisit landlord and tenant obligations in the retail leasing landscape.

On 13 July 2021, the Covid Retail and Other Commercial Leases (Covid 19) Regulation 2021 enacted.

In its original form, it did not require that tenants and landlords renegotiate rent as they were required to through 2020, but instead provided simply that landlords could not take ‘prescribed action’ against tenants unless they had first attempted mediation.

That situation was altered, however, on 13 August 2021 as lockdowns continued and became more widespread across the state. From that date, sections 6C & 6D were added to the regulation which, in effect re-instated the obligation of landlords to renegotiate leases under the National Code of Conduct.… Read More

Firearms: To hold and protect

Headshot of Sarah Rayner - Solicitor at Everingham Solomons TamworthWe recently looked at the licensing and permit requirements to obtain a firearm. Following on from that, we now take a look at firearms offences.

We warn you firearms offences carry heavy penalties including substantial imprisonment sentences. As with obtaining a firearm, you must have a genuine reason for possessing one. Genuine reasons include being the owner of a rural property or memberships of shooting clubs.

It is an offence to possess a firearm without a licence or permit. If found to have a firearm without a proper licence or permit, you face a maximum penalty of five (5) years imprisonment.… Read More

How to get what you deserve – ensure you get paid

Headshot of David Southwood - Solicitor at Everingham Solomons TamworthWhen you do a job, you rightly expect to be paid. Sadly, we often see clients that are chasing money for work they have done.

However, there are many things that can be done when you initially engage a client to reduce the risk that they will not pay you in the future. Similarly, in the event you are not paid, there are early steps that can be taken that will make pursuing the debt easier. Some things to consider when engaging a new client include the following:

  • Client Details: Make sure you correctly identify who your client is and ensure you have accurate details for the client.
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Skimping on a Will now may cost a small fortune later

Headshot of Lesley McDonnell - Senior Associate at Everingham Solomons TamworthWhen 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. A recent case serves as a timely reminder of why expending time and money on a professionally drawn Will now “is a sound investment” for the future.

The deceased died in 2017. The deceased was survived by her husband and her two children. The deceased left only a modest estate. When she died, the deceased left a homemade Will.… Read More

The Common Crime of Common Assault

Headshot of Dan Daley - Solicitor at Everingham Solomons TamworthAssault is a very common crime dealt with by the Courts, but it is often misunderstood by the lay person.

Originally at common law, there were two separate offences, assault, and battery. An assault being where one person causes another to fear the imminent infliction of unlawful force, whilst battery involved the actual infliction of unlawful force. Today these two previously separate offences have collapsed into one, codified in the Crimes Act 1900 (NSW).

The most frequent charge of assault before the Courts is common assault, found in section 61 of the Act. It carries a maximum penalty of 2 years in prison and/or a fine of $5,500.… Read More