by Sophie Newham | Nov 28, 2015 | Family
Often married or de-facto couples separate but do not effect a property settlement until many years later. This can make dividing assets more complicated.
The Family Court of Australia effectively adopts a 5 step approach in regard to dividing assets by way of property settlements. The court will only consider making orders in relation to a property settlement if it is fair and reasonable to do so.
The court must firstly identify and value the assets and liabilities of the parties.
It then must consider the financial and non-financial contributions made by the parties, such as who paid the mortgage and outgoings, who cared for the children and who made unpaid contributions to a business partnership or improvements to property for example.… Read More
by Clint Coles | Nov 21, 2015 | Commercial Litigation
In September 2015, the Supreme Court of NSW delivered its judgment in Capogreco v Rogerson. It’s an interesting case and perhaps a timely deterrence for would-be horsemen, tempted to act hastily in the shadow of the Melbourne Cup.
The proceedings centered around a race horse called Arlington. Arlington was originally purchased by Gerry Harvey as a yearling for $1.55 million and then syndicated. One of the syndicate owners, a Mr Rogerson, sold a 25% share to Mr & Mrs Capogreco for almost $500,000.
Apparently, it came as some surprise to Mr & Mrs Capogreco when the great expectations that they held for Arlington were not realised.… Read More
by Natasha Wood | Nov 14, 2015 | Criminal
Under section 110 of the Road Transport Act 2013 it is an offence to:
- drive a motor vehicle;
- occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion; or
- occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle,
with a prescribed concentration of alcohol (PCA) present in breath or blood.
The statutory penalties for PCA offences are as follows:
For a low range offence (reading between 0.05 and 0.08) a maximum fine of $1,100 and a minimum disqualification period of 3 months.
For a mid-range offence (reading between 0.08… Read More
by George Hoddle | Nov 7, 2015 | Employment
Since 1 January 2014 the Fair Work Commission has had powers to make orders to prevent workplace bullying.
Workers who believe they are being bullied can apply to the Fair Work Commission for assistance.
A worker is deemed to have been bullied, while at work if:
- An individual or group of individuals repeatedly behaves unreasonably towards another worker, or a group of workers of which the worker is a member; and
- That behaviour creates a risk to health and safety.
A worker is defined broadly as including employees, contractors, sub-contractors, outworkers, apprentices or trainees and work experience students. The Fair Work Act does not apply to volunteers and members of the Australian Defence Force.… Read More
by Lesley McDonnell | Oct 31, 2015 | Wills & Estates
A Willmaker died in 2014 leaving a Will he had made in 2009. The Willmaker was survived by his adopted son Rodney, 3 adult daughters, 2 grandchildren Kerryn and Roxanna and his ex-wife Rae.
The only asset of the Willmaker at the date of his death were two shares in a company. The most substantial asset of the company consisted of NSW farmland and was valued for probate purposes at $2 million. Located on the Property were two substantial dwellings – one a home in which the Willmaker had lived in for many years and a second dwelling in which Rae had resided in since 1984.… Read More
by Clint Coles | Oct 24, 2015 | Property
On 1 January 2016 the current First Home Owners Grant (New Homes) Scheme (‘the grant’) of $15,000 will reduce to $10,000. The reduction in the grant is one further step in a general pattern of diminishing government incentives for first home buyers.
Applicants will likely be eligible for the grant if:
- they are a natural person over 18 years of age;
- they have not previously owned a residential property jointly, separately or with some other person in any state or territory of Australia, and occupied that property for a continuous period of six months;
- the property being purchased is:
- a home that has not previously been occupied or sold as a residence;
- a vacant block of land on which the applicant builds a new home; or
- a home that has been unoccupied since it has been substantially renovated.
… Read More
by Terry Robinson | Oct 17, 2015 | Business
It is not uncommon for parties to a contract such as the sale and purchase of a business or a landlord and tenant of commercial premises to enter into Heads of Agreement prior to any contract being entered into.
If the Heads of Agreement are signed both parties, are the parties bound?
This has resulted in many disputes being submitted to the Courts for determination.
Normally Heads of Agreement are entered into as a gesture of good faith and a promise to proceed with the transaction. Usually Heads of Agreement are not meant to bind the parties to the terms of the agreement.… Read More
by Keiran Breckenridge | Oct 10, 2015 | Business
The Personal Property Security Register (PPSR) is an increasingly prominent tool for businesses, particularly for those that supply goods on credit or that lease/hire out goods to other businesses. But many businesses still do not understand the PPSR or how to apply it effectively.
The PPSR is an on-line noticeboard on which a person, who obtains an interest in another’s personal property as part of a transaction that secures payment or the performance of an obligation, can register their interest for the world to see. Personal property does not include land and fixtures but does include things like motor vehicles, household goods, plant and equipment used by a business, the inventory of a business, intellectual property and company shares.… Read More
by Terry Robinson | Oct 3, 2015 | Criminal
There are criminal penalties and civil remedies for defamation and the laws apply to all forms of communication, including social media.
Under s529(3) of the Crimes Act 1900, it is an offence to publish, without lawful excuse, a matter defamatory to another person knowing the matter to be false, and with intent to cause serious harm, or being reckless as to whether such harm has been caused.
The offence of defamation carries a maximum penalty of 3 years imprisonment.
In accordance with the Defamation Act 2005 defamation is a tort for which damages can be recovered. As indicated in the case of Mickle v Farley in which the NSW District Court awarded damages in the sum of $105,000 for defamatory comments posted on a social medial site, you must think before you post.… Read More
by Mark Grady | Sep 26, 2015 | Criminal
Recently, the High Court handed down a ruling in favour of Roseanne Beckett, a woman who had been wrongfully arrested, convicted and imprisoned for 10 years for the alleged attempted murder of her husband. After protesting her innocence for 26 years, Ms Beckett was awarded $2.3 million in damages to be paid by the state of NSW for ‘malicious prosecution’. In fact, she had been framed by a dodgy detective with a vendetta against her family. Although this is an extreme case, it begs the question: do you know your rights when you are arrested?
The police can arrest you if:
- you are committing an offence or
- they have reasonable grounds to suspect you have committed an offence
- you are breaching the peace
- you have breached any bail conditions you may have
- a warrant has been issued for your arrest or
- you are to be served with an Apprehended Violence Order.
… Read More
