Parenting arrangements after separation – Sophie Newham

SKNWhen married or de-facto parties with children separate they should try to enter into practical and child focused arrangements between themselves in regard to the care and welfare of their children.

The Family Law Act 1975 governs all family law matters in Australia.

The law states that parenting matters must always consider the best interests of the child as the paramount consideration.  It must also ensure that children are protected from physical or psychological harm from being exposed to abuse, neglect or family violence.

Parents do not actually have rights over children, but rather they have “parental responsibilities”. This incorporates decision making by parents as to major long term decisions such as who children are to live with, what religion they may practice, and where they are to go to school for example.… Read More

Latent and Patent Defects from the hidden to the obvious and uncertainty in between – Jessica Wadwell

JRWThere are many terms which might sound quite foreign when you sell or purchase real estate property. For instance, you will often hear the terms “latent defect” and “patent defect”.  For many, this may be the first time you have heard these terms.  So, what do these terms actually mean and how should they impact your decision making when selling or purchasing property?

A “latent defect “is one which a purchaser is unable to reasonably discover upon an inspection of the property.  A “patent defect” is one which a purchaser, who inspects a property with reasonable care, ought to see or discover.… Read More

Journey claims and Magpies – Mark Grady

MKG-newOn 19 June 2012 the Workers Compensation Act 1987 was substantially amended, one of those amendments was to greatly limit workers and their ability to claim benefits under the Workers Compensation Act for injuries sustained whilst on a journey to and from work.

In the case of Smith v Woolworths Limited (2017) NSW WCC 290 Ms Smith was employed by Woolworths and on the day of injury she drove her vehicle within the staff carpark.  After parking her vehicle in the staff allocated carpark, she then walked along a walkway and just prior to going through the automatic doors, Ms Smith was attacked by a bird and she suffered a serious right eye injury.… Read More

Dealing with Farm Debt – What are your options? – Alex Long

AJL B&W with bookcasesWith the ongoing drought, many farmers are facing situations where their creditors are seeking resolution of issues involving farm debts. Under the Farm Mediation Act 1994, creditors and farmers are required to engage in mediation prior to any enforcement actions being taken under a farm mortgage. As your solicitor, we can help prepare and advise for the mediation and to consider options realistically. Farmers are also entitled to have their solicitor represent them at the mediation. Mediation is a structured negotiation process where a neutral and independent mediator assists the parties to communicate effectively with one another and reach an agreement on the issues.… Read More

Is this only a casual relationship? – Libby Campbell

On 16 August 2018 the Federal Court handed down a significant judgment in the matter of Workpac Pty Ltd v Skene relating to the classification of casual employment. The case involved a dump truck driver, Mr Skene who applied for a “fly in, fly out” position with Workpac at a coal mine operated by Rio Tinto in Central Queensland. Mr Skene was informed the work would be 12 hours per shift, 7 days on, and 7 days off, on a continuous roster arrangement. Mr Skene was successful in obtaining the position and was provided a “Notice of Offer of Casual Employment”, his employment was also governed by an industrial agreement.… Read More

Are heart attacks/strokes covered under workers compensation? – Mark Grady

MKG-newOn 19 June 2012 section 9B of the Workers Compensation Act 1987 (section 9B) was introduced that provides that no compensation will be payable for people suffering from a stroke or a heart attack, unless the nature of employment gave rise to a significantly greater risk of the worker suffering the injury.

For heart attacks prior to 19 June 2012, the test was whether employment was a substantial contributing factor to the injury. Section 9B seeks to make the test more onerous on the worker.

In the normal course of events, the question to be answered is whether the work that the deceased was doing significantly heightened the risk of injury.… Read More

What happens after exchange of Property Contracts? – Suzanne Hindmarsh

SMHThis is a question commonly asked by both buyers and sellers. Exchange occurs when a seller and buyer enter into a legally binding contract with each other.  For a residential property, the following list explains some of the actions required after exchange.

For a buyer:

  • We prepare the transfer electronically. This allows the land to be transferred from the seller to the buyer after settlement.
  • We prepare Requisitions on Title. This is a set of questions about the land title the seller is required to answer for the buyer.
  • We order searches which may include some of the following: Council rates enquiry, State Rail Authority enquiry and Roads and Maritime Services enquiry.
Read More

Another Accredited Specialist at Eversols – Terry Broomfield

TJBEveringham Solomons is delighted to announce that Director Mark Grady has become a Law Society sanctioned Accredited Specialist in Personal Injury Law.

To become an Accredited Specialist it is necessary to have practiced significantly in a recognised specialist area for an extensive period of time. In addition the Applicant’s knowledge of the specialist area is tested in a formal examination process as well as in extensive written work.   Further peer review is conducted to satisfy the Specialist Accreditation Board that the Applicant has the requisite knowledge to profess to be a specialist in that particular area.

Everingham Solomons Director Mark Grady is now the fifth Director to be accredited by the Law Society as an Accredited Specialist and the Second Personal injury Law Accredited Specialist.… Read More

Sir Adrian Solomons Memorial Law Bursary. Applications are now being accepted until 28 October 2018. – Clint Coles

CCEveringham Solomons are still accepting applications from Tamworth, Quirindi, Gunnedah or Manilla students for the Sir Adrian Solomons Memorial Law Bursary.

The Sir Adrian Solomons Memorial Law Bursary has long provided financial assistance for the successful applicant during their first year of university as well as an opportunity to gain valuable paid work experience in our offices periodically throughout the duration of their studies.

This year, for the first time Everingham Solomons will also be making a cash donation to the school of the successful applicant to assist in maintaining the excellent educational standards that our region can offer.

All Principals of local High Schools have been contacted and advised of the details.… Read More

Welcome Megan

MJMy name is Megan Jury and I recently joined the team at Everingham Solomons as a Solicitor.

I graduated from UNE in 2014 with a Bachelor of Criminology and graduated with a Juris Doctor from Macquarie University in 2017. I was admitted as a Solicitor in June 2018 after completing my Graduate Diploma of Legal Practice through the College of Law.

Originally from New Zealand, my husband was born and raised in Tamworth and has served in the Royal Australian Navy for many years. We have raised three outstanding daughters, one of whom is a casual secondary school teacher in Tamworth.… Read More