by Libby Campbell | Jan 20, 2018 | Workers Compensation
In 2012 there were some big changes made to workers compensation laws, the impact of which are now being realised. Approximately 6,300 workers in NSW are likely to be impacted by these changes in accordance with section 39 of the Workers Compensation Act 1987. This section states that weekly payments of compensation will cease after an aggregate period of 260 weeks (5 years) has been paid or is payable to the worker in respect of the workplace injury. The section does not apply to an injured worker if their injury has been assessed as greater than 20% whole person impairment.… Read More
by Lesley McDonnell | Jan 13, 2018 | Wills & Estates
Increasingly people live their lives through their mobile phones. In 2016 tragically a man took his own life but he left an unsent text message on his mobile phone recording his last wishes. A friend of the deceased accessed the phone after he died to look through the contact list to determine who should be informed of the deceased’s death. The friend discovered the unsent text message which stated that the deceased’s brother and nephew should “keep all that I have house and superannuation, put my ashes in the back garden”.
A family feud erupted over the status of the unsent text message left by the deceased.… Read More
by Terry Robinson | Jan 1, 2018 | Property
In a recent Supreme Court of Queensland decision, the Court held that the real estate agent was liable for the representations it had made to a purchaser which were found to be false.
The Court proceedings related to the sale of a shopping centre. The purchaser alleged that the information provided about the financial performance of the shopping centre was misleading and false
The purchaser requested information regarding the shopping centre. The agent sent a number of emails together with an Information Memorandum to the purchaser containing information about the net rentals for the centre, the rent payable under each lease and estimates of outgoings.… Read More
by Katie Cook | Dec 30, 2017 | Property
Two schemes currently exist for First Home Buyers. One is a grant of $10,000 and the other is a Stamp Duty Exemption.
First Home Buyers Assistance Scheme – (Stamp Duty exemption)
For both new and existing homes – you will not pay stamp duty up to a purchase price of $650,000, and you will get a concession from stamp duty if your purchase price is between $650,000 and $800,000.
The usual stamp duty on $650,000 is $24,760 – a huge saving!
Vacant land – you will not pay stamp duty up to a purchase price of $350,000, and you will get a concession from stamp duty if the purchase price is between $350,000 and $450,000.… Read More
by George Hoddle | Dec 23, 2017 | Business Law
The heat has arrived in the North West and the countdown to Christmas is here. This is an opportunity for employers to review how their business deals with one of the biggest liabilities that sits on their books. It is of course annual leave.
The January period in the region for many industries and sectors is often the quietest month which in turn may or may not require a fully staffed workplace.
Under the National Employment Standards (NES) workers in full time employment are guaranteed a minimum four weeks annual leave per year or for some shift workers 5 weeks. If those minimum weeks of annual leave are not taken during the calendar year the residual leave not taken accumulates.… Read More
by Clint Coles | Dec 16, 2017 | Business
Up to the late middle ages, business was pretty steady. One family owned a cow, another owned a goat, there was mutual jealousy and so they were swapped. In time, money was used to facilitate more complex exchanges. All in all, relatively few people were involved and there wasn’t a huge need for capital.
Around the 1600s though, people started exploring the world. Trade followed exploration and trade was very profitable so naturally the great families of the era liked to keep it to themselves.
However, there were two essential problems:
- firstly, intercontinental explorers were thin on the ground and trade required the wealthy to give some bold upstart a great deal of money and send him to some remote corner of the world; and
- secondly, trade exploration required a lot of capital and given the risks, often more than one family was willing to contribute on their own, so there was a need for joint investment from unrelated parties.
… Read More
by Sophie Newham | Dec 9, 2017 | Family
The Family Law Act in Australia determines whether couples are in de-facto relationships for the purpose of adjusting their property interests upon the breakdown of such relationships.
It is possible to be married and to have a partner who meets the definition of being a de-facto partner.
The court applies “elements” to determine whether, having regard to all the circumstances of the relationship that a couple “lived together on a genuine domestic basis”.
For example the court will look at aspects of the relationship such as:
- The length of the relationship;
- The nature and extent of the common residence;
- The financial relationship between the parties;
- Whether there was a sexual relationship;
- Whether the parties acquired property and how they improved or used those property assets during the relationship; and
- Whether there was a mutual commitment to a shared life.
… Read More
by Suzanne Hindmarsh | Dec 4, 2017 | Property
Are you wanting to sell or buy land in NSW? From 1 May 2016, the NSW Land and Property Information (LPI) under Section 12E Conveyancing Rules of the Real Property Act 1900, announced the Verification of Identity Standards (VOI Standards) will be applied to all land transactions. Without a VOI you cannot buy or sell land.
Verification of Identity (VOI) is a process to identify a party/parties to a conveyancing transaction. The VOI framework has been introduced to reduce fraud and improper land dealings.
So what does this mean for you if you are selling or buying property in NSW? When you visit your solicitor/conveyancer, you will need to provide original up-to-date identification documents to enable your solicitor/conveyancer to take reasonable steps to identify you when acting on your behalf in a property transaction.… Read More
by Libby Campbell | Nov 25, 2017 | Workers Compensation
If you have been injured at work you may be eligible to claim for four types of compensation under the Workers Compensation Act 1987 (NSW). Firstly, if partial or total incapacity for work results from a work injury your employer is required to pay you a weekly payment during the incapacity. Secondly, your employer is liable to pay reasonably necessary medical, hospital and rehabilitation expenses including associated travel expenses to attend the treatment. Thirdly, your employer is liable to pay permanent impairment compensation for an injury that results in a degree of whole person impairment greater than 10% for physical injuries, and greater or equal to 15% for psychological injuries.… Read More
by Ken Sorrenson | Nov 18, 2017 | Business
Company directors may be personally liable for a debt incurred by the company if –
- They are directors at the time the company incurs the debt;
- The company is insolvent at the time or becomes insolvent by incurring that debt; and
- At that time, there are reasonable grounds for suspecting that the company is insolvent or would become insolvent.
Essentially, these are creditor protection provisions which actually don’t work all that well in practical terms. From the creditor’s perspective, successful action against directors is very rare and from the company’s perspective the provisions are a disincentive to “trade on” with a view to business recovery due to the potential risks to directors of doing that.… Read More
