by Mark Grady | Apr 19, 2014 | Wills & Estates
There are certain classes of people that may contest a Will. The law appreciates that a person has the right to choose who their Estate is left to, but the Succession Act 2006 allows some people to challenge a Will if they have been unfairly left out.
The people that are able to challenge a Will include the following;
- A wife or husband;
- Those that are in a de facto relationship, with the deceased, at the time of death;
- A child of the deceased;
- A former wife or husband of the deceased; and
- A grandchild or member of the household that has been dependent on the deceased.
… Read More
by Rebecca Greenland | Apr 12, 2014 | Business
Many businesses register intellectual property rights to protect their products, logos and brands. You might think that once the IP rights have been registered, there is nothing further to do, however this can be a trap with serious ramifications.
As discovered in a recent case involving a large well-known US camper van company, failing to take action on IP infringement can be costly.
The case involved an Australian business utilising the name and a similar logo to that of the US company. The Australian business began using the name and logo in the late 1970s, however it wasn’t until 1985 that the US company discovered the “copy-cat”.… Read More
by Sara Burnheim | Apr 5, 2014 | Family
When parties to a relationship have separated, both parties can continue to make financial and other contributions towards the assets and members of the family. This could involve running a business or being a stay at home parent to care for a child.
This issue was recently raised in the Full Court of the Family Court of Australia appeal of Marsh and Marsh [2014] FamCAFC 24. The parties were married in 1979 and separated in 2000. The parties were divorced in 2008 and in June 2010, the wife commenced proceedings before the Court for the purposes of dividing the parties’ assets.… Read More
by Clint Coles | Mar 29, 2014 | Uncategorised
The last number of months has seen the media filled with a number of high profile criminal cases which has in turn generated a great deal of media attention and public discussion about the court’s effectiveness in dealing with criminals.
In criminal matters the court has two essential tasks. The first is concluding whether or not the defendant is guilty. If he or she is so found to be, the second task is to decide what sentence is appropriate in all of the circumstances.
It often appears as though the court’s second task, the exercise of sentencing discretion, is the one that draws the most public attention. … Read More
by Ken Sorrenson | Mar 22, 2014 | Wills & Estates
The form of power of attorney (‘POA”) now used in NSW is a very simple but often misunderstood form.
Whilst the standard form is simple, it will often be appropriate to make significant changes to it to reflect the individual circumstances of the person giving the POA.
The issues that may need to be covered by a POA are constantly evolving. A good example of this is the treatment of so-called “digital assets” which are becoming more and more important to all of us.
Research in the USA indicates –
- More than half of individuals over 65 use the Internet;
- 95% of people have an online presence from the age of 2; and
- A representative sample of Internet users had, on average, 25 passwords.
… Read More
by Mark Grady | Mar 15, 2014 | Employment
If your business that wants to sponsor somebody from overseas there are a number of requirements, most of which are relatively straight forward, but the one that many businesses are not able to comply with straight away is that of “training benchmarks”.
Training benchmarks are evidence that an employer, has spent or will spend a certain amount on training. The purpose is to ensure that employers are investing in Australian employees before they are able to sponsor overseas workers.
There are two ways that an employer can meet the training benchmarks.
The first way is to provide evidence that in the twelve months prior to lodging the application that at least 1% of payroll has been spent on training of employees of the business. … Read More
by Abbey Huckstep | Mar 8, 2014 | Business
What is being changed?
The Privacy Amendment (Enhancing Privacy Protection) Act 2012 amends the existing Privacy Act 1988.
When?
New laws taking effect from 12 March 2014.
Who is effected?
The new laws effect businesses and most government bodies that collect and transfer personal information in Australia.
What are the main changes?
Of the 13 newly introduced Australian Privacy Principles (APPs), the most significantly changed are as follows:-
- APP 1 (open and transparent management of personal information): Entities must ensure that they manage personal information in an open and transparent way. Entities must have a clearly expressed and up to date privacy policy which deals with a number of prescribed matters.
… Read More
by Keiran Breckenridge | Mar 1, 2014 | Uncategorised
Hello, my name is Keiran Breckenridge. I started with Everingham Solomons about a month ago in the role of Special Counsel. Before joining Everingham Solomons, I worked for another firm in the region for two years and, before that, I worked in Sydney at a couple of mid-sized commercial law firms. My family and I made our ‘tree change’ over three and half years ago, and we are all very happy to live, work and learn in this beautiful part of the world.
I have been admitted as a solicitor for over 17 years now. My practice is mainly in the commercial / business law field with particular focus on commercial disputes and insolvency law and practice.… Read More
by Sophie Newham | Feb 22, 2014 | Family
In Eufrosin & Eurfrosin [2013] FamCA 311, recently decided in the Family Court of Australia, the court was required to consider the division of a $6 million dollar lottery win by a wife, six months after the parties had separated.
The facts were the parties married in 1987 and separated in 2008. The husband was aged 62 and the wife aged 55 at the time of the hearing. The parties had adopted “traditional roles” of the husband being the principal breadwinner and the wife being the primary home maker and carer of the children throughout the marriage. Their joint pool of assets had a net value of over $2.4… Read More
by Lesley McDonnell | Feb 15, 2014 | Property
Buying off the plan involves an element of mystery and a high degree of uncertainty particularly for the unwary. Buying off the plan differs from when you buy an existing property. The main difference is that buying off the plan requires you to imagine the finished product, a building that is yet to be constructed and often exists only in the form of plans and artists impressions, whereas buying an existing property is much more certain insofar as what you see and inspect is what you get.
Just as each development differs so to does the contract for an off the plan purchase. … Read More
