Serious Consequences For Employers Who Dodge Superannuation Payments – Terry Robinson

TLRbwEmployers failing to pay superannuation could be hit with Court ordered penalties and even 12 months prison stints under draft legislation released recently.

The legislation aims to protect workers superannuation entitlements, while modernising the way the super guarantee is enforced. The introduction of Single Touch Payroll for employers from 1 July 2019 will make it much easier for the Australian Taxation Office to monitor and identify employers who skip their superannuation obligations, rather than the current regime of self-reporting.

The Single Touch Payroll system allows employers to report salaries, wages, PAYG tax and super directly to the ATO from their payroll systems.… Read More

Buying & Selling Property, What happens on settlement day?- Katie Cook

What is settlement?

Settlement, or the Completion Date under a Contract, is essentially the day a Purchaser hands over the money to buy a property and in return is provided with the title documents and the keys.

In New South Wales settlement takes place in one of two ways:

In person via a paper settlement – this is still the most common way for settlements to proceed. It involves the legal representatives for each party (the buyer and the seller) as well as their banks meeting in person at a scheduled time. At this meeting the title documents and bank cheques are exchanged between the parties.… Read More

Be specific when making your Will – Ken Sorrenson

KJSbwA recent decision of the Western Australian Supreme Court was a timely reminder of the need to be specific when making a Will.

The deceased was a wealthy grazier who died leaving a number of farms and a significant number of Murray Grey cattle.

In his Will he made a provision gifting a farm to a particular person.  The Will went on to say that the gift of land included all farming plant and machinery on that land.

The issue before the Court was whether the cattle that were normally grazed on that land were included in the gift or putting it in another way, whether cattle came within the accepted meaning of “plant and machinery”.… Read More

Forfeiture of inheritance from deceased brother’s estate – Lesley McDonnell

In 2008 the deceased died at the hands of one of her two sons. In 2012, son Brent was tried and convicted before the Supreme Court of Western Australia for the murder of his mother. In 2014 this family was again touched by sadness when Brent’s brother and only other child of the deceased, Adrian passed away.  Adrian died without leaving a Will which meant his estate would be distributed according to the rules of intestacy. In 2016 a grant of letters of administration of Adrian’s estate was made to the Public Trustee (WA).

The Public Trustee (WA) made an application for direction from the Court as to how to distribute the part of Adrian’s estate which was made up of inheritance from his deceased mother’s estate.… Read More

‘Leave the gate as you found it’ – Clint Coles

CCAn easement is, put simply, the right of one landowner to use land belonging to another.

In the recent Supreme Court case of Pullen v Smedley, the court was asked to take a close look at the rights and obligations of rural landholders affected by easements.

Pullen had a particular type of easement known as a right of way across Smedley’s farm. It was Pullen’s only way of accessing the main road.  Along the right of way there were five sets of gates designed to allow cattle to be rotationally grazed around Smedley’s farm.

A dispute arose because Smedley wanted the gates to be kept shut, whereas Pullen wanted them open so he didn’t have to get in and out of the car ten times before he hit the main road.… Read More

Welcome Alex Long

AJL B&W with bookcasesMy name is Alexandra Long and I have recently joined the team at Everingham Solomons as a Law Graduate.

I graduated from UNE in September 2017 and am currently undergoing my Graduate Diploma of Legal Practice through the College of Law and will be admitted in June 2018 as a Solicitor

I was born and raised in Gunnedah and went to boarding school in Sydney. I completed my Bachelor of Laws through the University of New England, attending the university and Robb College in 2012 and undertaking the remainder of the degree by correspondence. I spent the last 4 years in the Northern Territory contract mustering and running the livestock administration for a Livestock Export Yard in Katherine, NT.… Read More

The pet-friendly rental debate: Victoria v New South Wales – Jessica Wadwell

JRWOne area of recent reform to the Victorian Residential Tenancies Act is aimed at providing tenants with clear rights in relation to the keeping of pets. Currently, the Victorian Act permits landlords to include a ‘no pets’ clause in their residential tenancy agreements.  However, changes to the Victorian Act will prohibit such clauses.  Whilst tenants will still be required to obtain landlord’s consent, such consent cannot be unreasonably refused.

But what are the rights of landlords and tenants in New South Wales?

The NSW Residential Tenancies Act is silent in relation to allowing, prohibiting or requiring consent for the keeping of pets.… Read More

Selling Residential Property – Terry Robinson

TLRbwWhen deciding to sell residential property, whether you list with a Real Estate Agent or you intend to sell privately, the law requires that you have a copy of the proposed Contract for the sale of the property available for inspection by a prospective purchaser. The Contract must have prescribed documents as set out in the Conveyancing Act before it can be signed by a Purchaser.  If Contracts are signed and exchanged without the relevant prescribed documents being attached, the purchaser may have a right of rescission (able to get out of the Contract).

You should contact your Solicitor or Licensed Conveyancer who will assist in preparation of the proposed Contract.… Read More

TO AIRBNB OR NOT TO AIRBNB – Ken Sorrenson

KJSbwAirbnb and other similar types of short-term accommodation are now very widely used in NSW.

This has been controversial particularly in strata title developments. The perception of “permanent” strata residents has been that short term occupancies are disruptive and sometimes actually damaging to strata property. This has led many strata developments to pass bylaws intended to prohibit short-term lettings which in many cases have been ignored by owners seeking to maximise rental returns from their properties. The issue has become whether strata developments can legally restrict short-term letting?

The NSW Department of Fair Trading view is/was that-

“Strata laws prevent an owner’s corporation restricting an owner from letting their lot, including short-term letting.… Read More

Identification requirement for purchasers of land – Suzanne Hindmarsh

SMHIf you wish to purchase land you are required under the Duties Act 1997 to complete a Purchaser/s Declaration. This Declaration is completed by each person entering into a transaction that results in the acquisition of an interest in land in New South Wales.

The purpose of this Declaration is:-

* Commonwealth Reporting Requirements is to collect and report to the Australian     Taxation Office information on transfers of land in NSW;

* Surcharge Purchaser Duty is to inform the Duties Office whether a transaction is subject to surcharge purchaser duty; and

* Surcharge Land Tax is to identify foreign persons for surcharge land tax purposes.… Read More