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… Read More
Land tax is levied by NSW Government on 31 December each year on all property you own that is above the land tax threshold.
Generally, you don’t pay land tax on your home, known as your principal place of residence or your farm, known as primary production land. There are further exemptions which cannot be dealt with in this article.
You pay tax based on the combined value of all taxable land you own, not on each individual property. If the combined value of your land does not exceed the threshold, no land tax is payable.
For 2020 tax year, the general threshold is $734,000.… Read More
As every new employee commences work their employer must provide them with certain documentation and the documentation from the Fair Work Commission has recently been updated. The Fair Work Commission publishes the Fair Work Information Statement, which is available online. This document must be provided to every new employee in Australia before they commence work or as soon as possible after they commence work.
For employees this document provides information about Australia’s employment laws and what governs them. It provides the minimum entitlements to workers known as the National Employment Standards or NES, and also lists the minimum wage for adult permanent and casual employees.… Read More
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.… Read More
COVID-19 has made many people think about their mortality. Making a Will has become a priority for a lot of people in an effort to protect loved ones and as a means by which we can create some certainty as to our last wishes in an otherwise increasingly uncertain world.
Usually, a valid formal Will must be signed by the Willmaker in the presence of two witnesses. This requirement can present an obstacle when you take in account the current social distancing and isolation directives issued by the Government. These directives really do not make the task of signing a Will in the presence of two witnesses who are not family members an easy one.… Read More
Initially, you need to establish if the deceased person had a Will, to determine who the executor is, that is who can manage the Estate.
Next, has a grant of probate been obtained by the executor? If no, you will need to provide further information to the ATO if you wish to establish authority to deal with the tax affairs of the deceased person. If probate has been granted, then the executor has authority to notify the ATO of the person’s death and deal with their tax affairs.
Notifying the ATO of the person’s death can be in paper by completing a “Notification of a deceased person” form with a certified copy of the Death Certificate and Will and submitting it by mail.… Read More
It’s happened. The dreaded jury service summons has appeared in your mail box and you are mentally trying to figure out how many seasons of Suits you can binge watch before you have to attend. But largely you are probably thinking… Do I have to?
If you have been summoned to serve on a jury then you are legally required to attend Court on the date provided in the summons. However there are some circumstances where you can apply to be exempt or excluded from serving.
To be excluded or exempt from jury duty means that you are not allowed to serve on a jury.… Read More
I am writing this article overlooked by various family photos including pictures of my dog Charlie. He is very much a member of my family and I’d like to think that he would be well looked after if I was not able to do that personally.
Australia has a very high rate of pet ownership with over 60% of households containing one or more pets. Dogs are the most popular pet followed closely by cats and thereafter by a wide range of birds, horses and other animals.
Household pets often become very important to their owners but relatively few owners make formal provision for their pets in the event of the owner’s death or incapacity.… Read More
The coronavirus is having a significant impact on many public services and of course families. This includes the operation of the family law system and its associated courts.
The Family Law Section of the Law Council of Australia has recently published a Top 10 guide for separated parents during these testing times. Please see article below.
– Jennifer Blissett
Separated parents experience both the joys and stressors of parenting. But additional pressures and stresses such as those associated with the Covid19 Pandemic can be hard to accommodate and provoke anxiety in parent and child alike.
The Family Law Section has compiled these TOP TEN suggestions to help separated parents navigate this difficult time.… Read More