Introducing Dan Daley – Solicitor

I have recently joined Everingham Solomons working in the litigation team.
My professional qualifications include graduating with a Bachelor of Commerce, Bachelor of Laws and a Graduate Diploma in Education from the University of New England. I also hold a Graduate Diploma in Legal Practice through the College of Law. I have been admitted as a Solicitor to the Supreme Court of New South Wales and the High Court of Australia.
Previous to joining Everingham Solomons, I have worked in the finance and education sectors, as well as in other law firms.
Although I have only recently commenced working at Everingham Solomons, my connection to the firm is strong, having been the recipient of the inaugural Sir Adrian Solomons Memorial Law Bursary in 1998.… Read More

What is land tax?

Land tax is levied by NSW Government on 31 December each year on all property you own that is above the land tax threshold.

Generally, you don’t pay land tax on your home, known as your principal place of residence or your farm, known as primary production land. There are further exemptions which cannot be dealt with in this article.

You pay tax based on the combined value of all taxable land you own, not on each individual property. If the combined value of your land does not exceed the threshold, no land tax is payable.

For 2020 tax year, the general threshold is $734,000.… Read More

Toot, Toot, Chugga, Chugga: Do I leave them in the car?

The Wiggles are entertaining the kiddies, there is peace in the backseat and you just have to pop in to pay for petrol, surely its ok to leave the children for just a couple of minutes?

We hear stories of people leaving their children in the car all the time and some of the tragic consequences that can arise when they do. But is it an offence to leave the children in the car? Well, yes it certainly can be.

The Legislation that deals with these circumstances is the Children and Young Persons (Care and Protection) Act 1998 (NSW). Under this legislation, it is an offence for a person to leave a child or young person unsupervised in a motor vehicle in circumstances where:

• The child or young person becomes or is likely to become emotionally distressed, or
• The child’s or young person’s health becomes or is likely to become permanently or temporarily impaired.… Read More

New employee? New information and the latest law on personal/carer’s leave

As every new employee commences work their employer must provide them with certain documentation and the documentation from the Fair Work Commission has recently been updated. The Fair Work Commission publishes the Fair Work Information Statement, which is available online. This document must be provided to every new employee in Australia before they commence work or as soon as possible after they commence work.

For employees this document provides information about Australia’s employment laws and what governs them. It provides the minimum entitlements to workers known as the National Employment Standards or NES, and also lists the minimum wage for adult permanent and casual employees.… Read More

When does a person have capacity?

Capacity is a fickle thing which Solicitors and other professionals are required to assess before a person can make certain decisions for themselves.
There are many factors which can affect ones decision making capacity; including a number of medical conditions, disability, age, and level of education.

Under Australian Law there is a presumption that an adult has their own decision making capacity.

In addition to this, there are some documents where a specific test for capacity is required. These documents usually require that a person specifically understand the nature and effect of the documents that they are signing.

Generally, this means that a person must be able to:

• Understand the facts and the choices involved with the decision;

• Weigh up the consequences and potential ramifications of the decision;

• Make a decision free from the influence of family and without coercion; and

• Communicate their decision clearly.… Read More

Making your Will while under lockdown

COVID-19 has made many people think about their mortality. Making a Will has become a priority for a lot of people in an effort to protect loved ones and as a means by which we can create some certainty as to our last wishes in an otherwise increasingly uncertain world.

Usually, a valid formal Will must be signed by the Willmaker in the presence of two witnesses. This requirement can present an obstacle when you take in account the current social distancing and isolation directives issued by the Government. These directives really do not make the task of signing a Will in the presence of two witnesses who are not family members an easy one.… Read More

Dealing with the Australian Taxation Office (“ATO”) after someone has died?

Initially, you need to establish if the deceased person had a Will, to determine who the executor is, that is who can manage the Estate.

Next, has a grant of probate been obtained by the executor? If no, you will need to provide further information to the ATO if you wish to establish authority to deal with the tax affairs of the deceased person. If probate has been granted, then the executor has authority to notify the ATO of the person’s death and deal with their tax affairs.

Notifying the ATO of the person’s death can be in paper by completing a “Notification of a deceased person” form with a certified copy of the Death Certificate and Will and submitting it by mail.… Read More

“I’m so excited to be selected for Jury Service”…. said no one ever.

It’s happened. The dreaded jury service summons has appeared in your mail box and you are mentally trying to figure out how many seasons of Suits you can binge watch before you have to attend. But largely you are probably thinking… Do I have to?

If you have been summoned to serve on a jury then you are legally required to attend Court on the date provided in the summons. However there are some circumstances where you can apply to be exempt or excluded from serving.

To be excluded or exempt from jury duty means that you are not allowed to serve on a jury.… Read More

Pets – the often forgotten members of your Family

I am writing this article overlooked by various family photos including pictures of my dog Charlie. He is very much a member of my family and I’d like to think that he would be well looked after if I was not able to do that personally.

Australia has a very high rate of pet ownership with over 60% of households containing one or more pets. Dogs are the most popular pet followed closely by cats and thereafter by a wide range of birds, horses and other animals.

Household pets often become very important to their owners but relatively few owners make formal provision for their pets in the event of the owner’s death or incapacity.… Read More

Coronavirus – Managing Parenting in a Pandemic.

The coronavirus is having a significant impact on many public services and of course families. This includes the operation of the family law system and its associated courts.

The Family Law Section of the Law Council of Australia has recently published a Top 10 guide for separated parents during these testing times. Please see article below.

– Jennifer Blissett

Separated parents experience both the joys and stressors of parenting. But additional pressures and stresses such as those associated with the Covid19 Pandemic can be hard to accommodate and provoke anxiety in parent and child alike.

The Family Law Section has compiled these TOP TEN suggestions to help separated parents navigate this difficult time.… Read More