With the COVID-19 restrictions lightening in time for the silly season, and people are frantically organising household gatherings we would be remiss if we didn’t remind you that you have neighbours!
Yes I know you probably know that, but as the holidays are celebrated, it’s a timely reminder that noise restrictions still apply during this time.
Noise restrictions apply to all types of noise but probably most relevant for the festivities is those carols and other tunes we all love to hate. This includes musical instruments.
So how loud is too loud? Essentially, if it can be heard in your neighbour’s house, it is noise that is restricted.
Music is allowed but must not be heard between the following times:
1. Friday, Saturday and any public holiday’s eve between midnight and 8am.
2. Any other day between 10pm and 8am.
The other thing to be mindful this time of the year is with respect to garden equipment and power tools. With the gardens needing to be in tip top shape for the relatives but it’s also 40⁰ during the day, the urge to get up at the crack of dawn is tempting. But this kind of noise is also restricted and cannot be heard between the following times:
1. Sunday and public holidays 8pm- 8am.
2. Any other day 8pm and 7am.
Other noise restrictions apply such as, alarms, noises made by cars (except general coming and going) and air conditioners.
Fines do apply for breach of Noise restrictions and can be given out by Police as well as your local Council.
If you can’t keep those singing voices in check over the holiday break Everingham Solomons has experienced Solicitors on deck because Helping You is Our Business.
Renewable energy is booming in Australia. Data recently released by the Clean Energy Regulator suggests 6.3 gigawatts of total renewable energy capacity is expected to be delivered in 2020 – roughly equivalent in capacity to four large coal plants.
Wind farms and solar farms are usually located on cleared primary production land. In addition to wind turbines or solar arrays, developers also require certain area of land for access roads, transmission line easements and electrical substations.
Typical Documents
If a landowner is approached by a developer, the landowner will be provided with an Initial Licence Agreement (optional) and an Option Deed during the early stages of development, leading to an eventual Lease Agreement and/or Contract for Sale of Land once the development is approved by the authority and the option is exercised by the developer.
1. Initial Licence Agreement is a simple agreement allowing the developer site access to conduct preliminary investigations and feasibility studies. Depending on the project’s needs, not all developers sign this document with landowners.
2. Option Deed gives the developer an option to lease and/or purchase part or whole of the land from the landowner for construction and operation of the project. During the option period the landowner is paid an option fee.
3. After the project is approved and before construction commences, the option will normally be exercised and the developer will enter into a Lease Agreement with the landowner.
4. Where necessary, the developer may also exercise its option to purchase part of the land for construction of a substation, in which case the developer will enter into a Contract for Sale of Land with the landowner.
The above documents are complex and lengthy. Further, developers will usually negotiate the Option Deed and other documents at the same time before entering into the Option Deed, with the Lease Agreement and Contract for Sale of Land as attachments to the Option Deed.
Everingham Solomons have experienced Solicitors who have represented landowners in wind/solar farm projects. Please do not hesitate to contact us for any legal advice you may need in relation to a renewable energy project, because Helping You is Our Business.
Winter is in the rear-view mirror, the scent of Spring is in the air and Summer is approaching fast. It’s the perfect time to do the odd jobs around the house and tend to those overgrown yards. However, in order for your yard to look schmick you might be required to load up the trailer and head to the tip.
This is a timely reminder for all, that penalties for uncovered, unstable and overhanging loads can be quite harsh.
Fines for these offences will see you obtain 3 demerit points and cop a fine of $457.00 per offence.
That’s quite an expensive rubbish run!
So how can you avoid being caught for these offences?
Well there are specific considerations and rules to follow when loading up your trailer. These include ensuring that:
1. All loads are covered to secure and contain all materials within the trailer.
2. All loads are restrained using an appropriate restraint method.
3. All loads are loaded in a manner which does not make the trailer unstable or unsafe.
4. A load is not to be more than 150mm wider than the trailer or be more than 2.5m overall width, whichever is less.
5. Loads that project more than 1.2m behind a trailer have a red flag attached to the end of the load. This flag must be at least 300mm square and clearly visible.
Demerit points and fines can also apply for the following:
1. Exceeding towing capacity;
2. Not removing items that have fallen out of a vehicle/ trailer; and
3. Failing to attach a trailer to your vehicle correctly.
So if you are looking to be a weekend warrior, tip voucher in hand, cover up and secure those loads!
If you have lost your licence for accruing too many demerit points contact Everingham Solomons because Helping You is Our Business.
There have been amendments as to what water efficiency measures a landlord needs to undertake under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020
Before a landlord is able to pass on water usage charges to the tenant, the residential property must be separately metered, meet the water efficiency measures prescribed by the Residential Tenancies Act, and the charges must not exceed the amount payable by the landlord (according to the water supplier’s bill or other evidence).
The changes provide additional water efficiency measures, including all taps and toilets on the property need to be checked at the start of a tenancy so any leaks are fixed. Taps and toilets must also be checked whenever any other water efficiency measures are installed, repaired, upgraded or any leaks fixed. This requirement applies to existing and new tenancy agreements from 23 March 2020.
From 23 March 2025, all toilets in rented properties must be dual flush with a minimum three-star rating in accordance with the Commonwealth Water Efficiency Labelling and Standards (WELS) scheme. The WELS scheme uses a rating system to help consumers make informed choices about the water efficiency of products they buy.
Landlords who intend to replace or upgrade existing toilets in their property should consider installing dual flush toilets with a minimum three-star WELS rating to meet the water efficiency requirements by 23 March 2025.
If you need assistance with any property or land matters contact Everingham Solomons because Helping You is Our Business.
Click here for more information on Suzanne Hindmarsh.
COVID-19 is continuing to have an enormous social and business cost in Australia and governments both State and Federal have been doing their best to provide assistance.
Currently many small businesses are relying upon government wage subsidies for ongoing viability. A leading economics research firm has projected that almost 1/4 of a million small businesses are at risk of failure.
The Federal Government recently announced new insolvency laws aimed at assisting small businesses to regain viability. These laws are modelled on legislation that has been in place in the US for many years commonly known as “Chapter 11”. The objective is to provide a process that potentially allows stressed businesses to take action to restructure before it becomes too late to save the business.
The key points of the new laws are –
• They are intended to commence on 1 January 2021 following the lifting of various temporary COVID-19 insolvency relief measures;
• They will be available to “small companies” which is defined as any incorporated business with liabilities of less than $1 million;
• A company wishing to access the provisions will have 20 business days to propose a debt restructuring plan during which the company can continue to trade;
• A new category of insolvency practitioner will be introduced specifically to assist companies with restructuring plans; and most importantly
• Unlike current insolvency procedures, during the initial part of the restructuring process, the company will remain under the control of its directors.
It is hoped that these new processes will be less costly to implement and more tailored to individual circumstances than existing measures.
The full details of the provisions are yet to be announced. The Business Law Team at Everingham Solomons will follow the developments closely because, Helping You is Our Business.
Everingham Solomons are pleased to announce that once again a Tamworth, Quirindi, Gunnedah or Manilla Year 12 student wishing to undertake university study in Law will have a valuable opportunity to receive the benefits of our 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.
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.
Local High Schools have been contacted and advised of the details. Interested students should liaise with the Principal or Careers Advisor of their school, who will assist them in making a formal application for this Bursary.
We emphasise that the selection process does not depend solely on academic merit. We appreciate that students come from a variety of backgrounds and accordingly the selection process concentrates on the attributes of the student as a whole, rather than solely academic achievement.
The Bursary has gained widespread interest since its inception and continues to provide a valuable opportunity for current Year 12 students wishing to pursue a legal career. The Bursary is also open to students currently undertaking a gap year who will be commencing university study in 2021.
Everingham Solomons view the Bursary as a continuing commitment to young people in the communities of Tamworth, Quirindi, Manilla and Gunnedah and we encourage interested students to apply. Applications will be accepted until 8 January 2021.
If you would like more information on the Law Bursary, please contact Everingham Solomons because, Helping You is Our Business.
Click here for more information on Libby Campbell.
Applying to change your child’s name after separation or divorce.
Under the Family Law Act 1975 (Cth), parents are required to make decisions jointly in regards to all matters concerning their child’s long-term care, welfare and development.
If both parents agree to change their child’s name, the process is simple. In New South Wales, applications to register a change of a child’s name are governed by Section 28 of the Births, Deaths and Marriages Registration Act 1995.
‘The parents of a child may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the child’s name if –
a) The child’s birth is registered in the State, or
b) The child was born outside Australia, the child’s birth is not registered in Australia and the child has been a resident in the State for at least 3 consecutive years immediately preceding the date of the application.’
The approved form is titled an ‘Application to Register a Change of Name for a Child (Under 18)’. Once completed, this form should be lodged with the Registry of Births, Deaths and Marriages for determination. It is noted, if the child in question is over the age of 12 years at the time the application is lodged, that child will be required to sign the application form.
An application for registration of a change of a child’s name may be made by one parent in the following circumstances:
a) ‘the applicant is the sole parent named in the registration of the child’s birth under this Act or any other law (including a corresponding law), or
b) there is no other surviving parent of the child, or
c) a court approves the proposed change of name.’
Expanding on part (c) as described in the above paragraph, prior to making an application to the Court, parents must attend a Family Dispute Resolution Conference in an attempt to resolve their differences. If it is not appropriate for the parents to attend such a Conference, the Family Dispute Resolution Practitioner will issue a certificate pursuant to Section 60i of the Family Law Act, enabling the parent or parents in receipt of the Section 60i Certificate, to make an application directly to the Court.
In the case of Chapman v Palmer (1978), the Full Court of the Family Court of Australia considered in what circumstances it would be appropriate to change a child’s surname. The Full Court determined the following factors should be considered:
1. The welfare of the child is the paramount consideration;
2. The short and long term effects of any change in the child’s surname;
3. Any embarrassment likely to be experienced by the child if his or her name is different from that of the parent with custody or care or control;
4. Any confusion of identity which may arise for the child if his or her name is changed or is not changed;
5. The effect which any change in surname may have on the relationship between the child and the parent whose name the child bore during the marriage; and
6. The effect of frequent or random changes of name.
At Everingham Solomons we have the expertise and experience to assist you with all legal matters associated with Family Law because Helping You is Our Business.
ReThere are new break fees payable by a tenant who wishes to break a fixed term lease under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020
Mandatory break fees apply to all fixed-term agreements of 3 years or less, when a tenant ends the agreement early. This applies to agreements that are entered into from 23 March 2020.
The break fees are:
• 4 weeks rent if less than 25 per cent of the agreement has expired
• 3 weeks rent if 25 per cent or more but less than 50 per cent of the agreement has expired
• 2 weeks rent if 50 per cent or more but less than 75 per cent of the agreement has expired
• 1 weeks rent if 75 per cent or more of the agreement has expired
For example:
• If 7 months of a 12 month tenancy agreement (or 58 per cent) has expired, a tenant would need to pay a fee equal to 2 weeks rent to the landlord to end the agreement early
• If 2 months of a 6 month tenancy agreement (or 33 per cent) has expired, the tenant would need to pay a fee equal to 3 weeks rent to the landlord to end their agreement early
If you need assistance with any property or land matters contact Everingham Solomons because Helping You is Our Business.
Click here for more information on Suzanne Hindmarsh.
There have been amendments as to what constitutes damage and the rules regarding removing modifications under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020
Tenants are responsible for any damage they cause to the property.
At the end of the tenancy, a tenant is responsible for leaving the property in the same condition as at the start of the tenancy, except fair, wear and tear. This includes making sure any alterations, additions or renovations are removed and also fixing any damage caused to the property. A tenant can choose whether to remove any ‘fixtures’ they have installed, provided they repair or compensate the landlord for any damage caused by removing the fixture. A tenant cannot remove any fixtures if the landlord paid for them.
If tenants do not remove the alterations, additions or renovations to a satisfactory standard, or the work is likely to adversely affect the landlord’s ability to let the premises to other tenants, the landlord may apply to the NSW Civil and Administrative Tribunal to seek compensation from the tenant for the costs involved.
If you need assistance with any property or land matters contact Everingham Solomons because Helping You is Our Business.
Click here for more information on Suzanne Hindmarsh.
Did you know that for certain traffic and parking offences committed within a school zone you can incur an additional demerit point?
So not only will you incur the demerit points for whatever offence you committed, you may get an additional point for committing the offence in a School Zone. If that’s not enough, the fines that you will face are substantially higher for offences committed in a School Zone.
Take for example a Class A vehicle caught speeding, less than 10/km over the speed limit. This offence would usually get you a $121.00 fine and one demerit point. This offence committed in a School Zone would be a $200.00 fine and two demerit points.
So what are school zones and when do they apply?
Well the simple answer is they are the immediate area surrounding all NSW schools that are in effect when the lights flash. Typically, and for the majority of NSW Schools, School Zones are in effect between the hours of 8.00am – 9.30am and 2.30pm – 4.00pm on school days. School days are Monday – Fridays excluding Public Holidays and publicly notified school holidays for government schools.
However, there are some schools in NSW that have different hours of operation than the ones mentioned above. If you are worried about how you will be able to tell if a school zone is operational, these select Schools have signs that make it clear the hours in which the school zone is in effect.
Be careful though! On days such as pupil free days, where the children are not necessarily at school, these school zone speed limits can still apply.
At Everingham Solomons our team can offer advice and representation with respect to licencing matters and traffic offences because Helping You is Our Business.
With the COVID-19 restrictions lightening in time for the silly season, and people are frantically organising household gatherings we would be remiss if we didn’t remind you that you have neighbours!
Renewable energy is booming in Australia. Data recently released by the Clean Energy Regulator suggests 6.3 gigawatts of total renewable energy capacity is expected to be delivered in 2020 – roughly equivalent in capacity to four large coal plants.
There have been amendments as to what water efficiency measures a landlord needs to undertake under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020
COVID-19 is continuing to have an enormous social and business cost in Australia and governments both State and Federal have been doing their best to provide assistance.
Everingham Solomons are pleased to announce that once again a Tamworth, Quirindi, Gunnedah or Manilla Year 12 student wishing to undertake university study in Law will have a valuable opportunity to receive the benefits of our Law Bursary.
Under the Family Law Act 1975 (Cth), parents are required to make decisions jointly in regards to all matters concerning their child’s long-term care, welfare and development.