by Terry Broomfield | Feb 11, 2012 | Uncategorised
We are pleased to announce that the 2011 bursary recipient is local student Nathan Whale. Nathan completed Year 12 at Farrer Memorial Agricultural High School in 2010 and then undertook a gap year. This is the third time a student from Farrer has been awarded the Bursary.
Nathan has enrolled in a Bachelor of Business Information Systems – Bachelor of Laws Degree at the University of Wollongong. We are very confident that he will prove to be an outstanding student and, ultimately, an exceptional asset to the legal community.
The continued interest shown in the Sir Adrian Solomons Memorial Bursary by Higher School Certificate students from our local schools has been extensive and the quality of the applicants every year has made the selection process very difficult indeed.… Read More
by Lesley McDonnell | Feb 4, 2012 | Wills & Estates
Making a Will is one of the most important things a person can do during their lifetime. Like many things in life though preparation is the key and very often people fail to take the time to put in place a Will that carries out their wishes. An integral part of making a will should include seeking legal advice. Why? The reason is simple. Whilst the law recognizes a person’s right to decide who inherits their estate, the law equally recognizes a person’s right to contest or challenge a will. Also failing to make a will at all can be a time-consuming and expensive process for family members that can be avoided if an up-to-date will is in place.
… Read More
by Clint Coles | Jan 28, 2012 | Uncategorised
An Apprehended Violence Order (“AVO”) is an order of the court that restricts the behaviour of the person against whom the order is made.
A court has the power to make an AVO against someone, if the applicant or protected person has reasonable grounds to fear and in fact fears violence, intimidation or stalking.
All AVOs have a condition that the person against whom the order is made (“the defendant”) must not assault, molest, harass, threaten, stalk, intimidate or otherwise interfere with the protected person. In addition, the applicant can apply to the court for additional orders, such as those that restrict the defendant from approaching or going within a certain distance of the protected person.… Read More
by Sara Burnheim | Jan 21, 2012 | Uncategorised
There are instances whereby parents assist their children financially even when those children are grown up and have families of their own. Whether it be helping with mortgage payments, providing rent free accommodation, helping out with the groceries or an inheritance at the end, these may be significant from a Family Law perspective.
Parents usually don’t mind helping their children, but what happens when your child separates from their partner and they want to benefit from your generosity?
This was argued recently in the matter of Ross & Audley [2011]. The parties commenced cohabitation in 1986 and were married in 1987.… Read More
by Rebecca Greenland | Jan 14, 2012 | Employment
1 January 2012 saw the commencement of the harmonised Work Health and Safety Act. To date, the new legislation to implement a national approach to workplace health and safety has been adopted by the Commonwealth, New South Wales, Queensland, Northern Territory and ACT governments.
The Work Health & Safety (WHS) legislation requires those persons who have a duty to ensure health and safety in the workplace to manage, or at least minimise, risks to workers so far as is reasonably practicable.
This duty applies to the person who is conducting a business or undertaking (a PCBU). A PCBU includes:
– employers
– corporations
– associations
– partnerships
– sole traders
– volunteer organisations that employ workers
The PCBU must ensure the health and safety of workers, and also has a duty of care in relation to customers and visitors to the workplace.… Read More
by Mark Johnson | Jan 7, 2012 | Uncategorised
There is a great deal of illegal downloading of copyright material via the internet worldwide. It has been going on for years. The copyright owners are in a terrific flap about it. They call it “theft”. There will be a great deal less of it, in Australia at least, if the copyright owners are successful in their appeal to the High Court in the case of Roadshow Films Pty Limited v iiNet Limited.
Films and other works the subject of copyright can be downloaded through unauthorised file sharing on the BIT Torrent system, the operation of which is pretty technical but the effect of which is that anyone with a computer and access to the internet can download and enjoy all manner of copyright protected works without paying a cent other than the subscription fee to the internet service provider.… Read More
by Lesley McDonnell | Dec 31, 2011 | Wills & Estates
As the year draws to a close, it is timely to commit to new goals for the coming year. As you spend time with family and loved ones this Christmas, we encourage you to consider estate planning as one of your goals for the coming year.
This could mean one of two things. It could mean making a will for the first time which is tailored to suit your personal and financial circumstances. Or updating your current will in case your circumstances have changed since the last time you made your will.
One recent case serves as a timely reminder that just as life does not standstill nor should your will be locked away in a drawer and forgotten. … Read More
by Clint Coles | Dec 24, 2011 | Uncategorised
With the festive season upon us it is important to be mindful of the laws relating to drink driving.
With 70 percent of drink drivers convicted in the local court having no previous criminal history, it seems clear that this is an offence which often catches law abiding people off guard.
It is important to remember that the limits of blood alcohol content (BAC) differ for different classes of driver.
The limit for Learner and Provisional drivers is zero. For drivers of public and heavy vehicles the BAC limit is 0.02. For ordinary licence holders the limit is 0.05.
Passengers acting as ‘supervisors’ to a learner driver can also be charged with exceeding the prescribed limit of alcohol content whilst acting as a supervisor. … Read More
by Jessica Simmonds | Dec 17, 2011 | Business
With holidays around the corner, it’s not surprising that many employees tend to lose their inhibitions at work-related end of year celebrations.
Employer Responsibilities
As part of their obligations, and to avoid the litigious pitfalls due to an employee’s inappropriate conduct, employers must take reasonable steps to mitigate their legal exposure and to avoid inappropriate workplace behaviour at the Christmas party, or any other work function
Practical Steps for Employers
Ten basic precautions employers can take include the following:
- Ensure all policies and procedures are clear and that they are understood by all employees. A written reminder just prior to the function may assist to ensure employees are aware of the company’s expectations with regard to their behaviour.
… Read More
by Terry Robinson | Dec 10, 2011 | Business
What rights does a Vendor have to reclaim goods sold after delivery where the Purchaser becomes insolvent and is unable to pay?
In a recent Supreme Court decision of Gilgandra Marketing Co-Operative Limited v Australian Commodities and Merchandise Pty Limited and Others the parties entered into Contracts for the sale of a large quantity of wheat which was supplied from the Narrabri area to the Sydney container terminal and then shipped to Bangladesh.
At the time of litigation, the wheat was at the port in Bangladesh but the purchaser had not taken physical delivery.
The seller instituted proceedings seeking among other things a right to take possession of the wheat based on a claim that the title to the goods had not passed to the Purchaser because the Purchaser had not taken actual delivery of the wheat from the carrier.… Read More
