by George Hoddle | Sep 3, 2016 | Employment
Often, after the separation of employment both employees and employers are concerned about whether or not restraints will apply to the former employee as part of their post-employment obligations to their former employer.
In New South Wales a restraint is valid to the extent to which it is not against public policy bearing in mind an employer is not entitled to be protected against mere competition but is protecting its legitimate interests by enforcing the restraints. Such interests may include employer’s trade secrets, confidential information, the employer’s goodwill, including its connections with its customers.
It is also worth noting that there are statutory obligations under the Corporations Act that an employee cannot use information obtained to gain advantage for themselves or for someone else which may cause detriment to a corporation.… Read More
by Clint Coles | Aug 27, 2016 | Business
Undertaking work before being paid is a part of business. If you’ve been in business for a while you’ll know the difficulties that can arise in getting paid after the fact.
This is a situation where prevention is much better than cure. There are a number of steps that a business can take to greatly reduce the likelihood of payment problems arising.
Although it seems simple, the first is often overlooked. It is important to properly identify who your business is dealing with and to make an assessment of the creditworthiness of the entity you are contracting with. People and companies can enter into contracts, but nobody else. … Read More
by Mark Grady | Aug 20, 2016 | Personal Injury
Earlier this year Judge Mahoney of the District Court reduced an award of damages of $1.57m by 25% because the injured passenger was not wearing a seat belt and got into a car with a person he knew or ought to have known was under the influence of alcohol.
The case of Vance v Chambers [2016] NSW DC 79 involved two friends who, after fishing and consuming alcohol together drove along a beach at Sandon River, just south of Yamba. The vehicle hit a ‘washout‘ on the beach and as a result the car being driven by the defendant rolled. … Read More
by Lesley McDonnell | Aug 13, 2016 | Wills & Estates
An enduring Power of Attorney is a legal document that permits a person (‘the Principal’) to appoint a trusted friend or family member, or more than one (‘the attorney’) to step into the Principal’s shoes and manage their legal and financial affairs if for some reason the Principal’s decision making ability is lost. This type of Power of Attorney is aptly named an enduring Power of Attorney because the attorney’s power to make decisions for the Principal endures or continues if the Principal loses their mental capacity to manage their own affairs.
Any person who acts as an attorney pursuant to an enduring Power of Attorney document has a number of duties.… Read More
by Sophie Newham | Aug 6, 2016 | Family
When parents separate, often one parent will wish to move away with their children. This can be for a range of reasons including obtaining new employment, to seek support of their family or to live with a new partner.
Relocation matters are becoming increasingly common in the family law courts, however they do not form a discrete subset of cases but rather are determined in accordance with the guiding principle of the law, namely whether it is in the best interests of the children to relocate, which forms the framework of the Family Law Act 1975.
The best interests of children are met by:
- Ensuring that children have the benefit of both of their parents having a meaningful involvement in their lives; and
- Protecting children from physical or psychological harm, from being subjected to or exposed to abuse, neglect or family violence;
- Ensuring that children receive adequate and proper parenting to help them achieve their full potential;
- Ensuring that parents fulfil their duties, and meet their responsibilities concerning the care, welfare and development of their children.
… Read More
by Keiran Breckenridge | Jul 30, 2016 | Employment
Often a business will have staff who hoard their annual leave, whether it is to insulate themselves for a rainy day, to seek longer periods of leave in the future, or perhaps they just prefer to work rather than holiday.
For a business, this hoarding can create issues. Greater financial provision has to be made for annual leave entitlements. Uncertainty can exist as to whether those staff members may seek long periods of leave at a time not suitable to the business. Employee errors or even fraud can remain undetected if an employee never takes annual leave.
The ability for an employer and an employee to agree to cash out some of an employee’s annual leave has not featured in most Modern Awards.… Read More
by Lesley McDonnell | Jul 23, 2016 | Wills & Estates
In NSW there are certain formal requirements required by law in order to make a valid Will. Whilst “compliance with formal requirements for the making of a Will…may involve unwanted expense and inconvenience for a prospective Will-maker” during their lifetime, a failure to observe these formalities in life can lead to large unintended expenses after death when the intended beneficiaries, and potential claimants on an estate are forced to ask a Court to determine the deceased’s wishes.
Where a person leaves a document that does not comply with the formal requirements for the making of a Will, the matter normally has to be determined by a Court.… Read More
by Terry Robinson | Jul 16, 2016 | Business
As a general rule, a small business employer is not required to pay redundancy pay; however, there are some circumstances where an employer may be legally required to make redundancy payments.
The National Employment Standards confirms that a small business employer is not required to pay redundancy where an employee’s position becomes redundant. Notwithstanding these National Employment Standards, an employer may be obliged to pay redundancy because of the terms of a “modern award” or an “enterprise agreement”.
Who is a “small business employer”?
An employer who employs fewer than 15 employees at that time is deemed a small business employer.… Read More
by Natasha Wood | Jul 9, 2016 | Wills & Estates
All too often we hear of people agreeing to be an Executor for a family member or friend without knowing what they have agreed to, what their duties and obligations are, or what they are expected to do.
An Executor is the person/s you appoint in your Will to administer and distribute your estate upon your death. Your Executor does not have to have any legal knowledge or experience, but they must be someone you trust implicitly to act in the best interests of your Estate.
The primary functions of the Executor are to:
- Obtain Grant of Probate, if required. Whether or not Probate is required will depend upon the nature and value of the deceased’s assets.
… Read More
by Terry Broomfield | Jul 2, 2016 | General
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 provides 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.
All Principals of 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.… Read More
