Are You A Sub-Contractor Owed Money By A Contractor?

TRUnder recent changes to the law, sub-contractors can now claim against the principal or head contactor for payments due to them from the person that contracted them to carry out the work.

Before the amendments, if you were owed money by a contractor you had to obtain a judgment in a Court or an adjudication certificate, whilst at the same time not knowing whether the contractor who owed you the money had the funds. The consequent delay in that process sometimes allowed the contractor to “do a runner”.

The changes effectively enable a sub-contractor to earmark and secure money owed to a contractor by the principal contractor.… Read More

New Associate

TJBThe Directors are delighted to announce the appointment of Jessica Simmonds as Associate to the firm.

Jessica joined Everingham Solomons some 9 years ago initially as a Law Clerk whilst studying for her Law Degree.

Jessica has developed over the years an expertise in Wills and Estates including Family Provision Act claims in addition to pursuing her strong interest in Employment Law.

Jessica has been a regular speaker at various interest groups to assist people navigating the complex legislation surrounding the respective rights and obligations cast upon both employers and workers.

Jessica during her time at Everingham Solomons has made a substantial contribution that has now been most appropriately recognised in elevating her to the position of Associate with this firm.… Read More

Applications now open for the Sir Adrian Solomons Law Bursary

TJBEveringham 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 was first given in 1998.  It provides financial assistance for the successful applicant during their first year as well as an opportunity to gain valuable 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

Introducing Sara Burnheim

saraMy name is Sara Burnheim and I have recently joined Everingham Solomons.  I will be working mainly in the Family Law area.

It seems like a lifetime ago that I started my legal career here in Tamworth as a young undergraduate law clerk.

Now I am back some 6 years after leaving and I feel that I have come back home, a more experienced (and worldly) solicitor.

Since leaving Tamworth in 2005 I have had a variety of different experiences, from working in more remote communities, travelling overseas working and taking in the wonders of Europe, to a stint at Parliament House in Sydney.… Read More

But It Was Left to Me

Jenni BlissettWhen couples separate they are often required to divide the assets and debts that have been accumulated during the course of their relationship.  There are a number of ways this can be done.  The couple can agree to divide their property without court intervention.  Where the parties cannot agree on how to divide their assets or debt it is possible to apply to the court for orders as to how their property and debts should be divided.

When a case goes to court to determine a financial order, the court generally begins by determining the assets and liabilities of the parties. … Read More

New Senior Associate

TJBThe Directors are delighted to announce the appointment of Ms Lesley McDonnell as Senior Associate who has been with Everingham Solomons for  almost 7 years.

The Directors are also wishing to acknowledge Lesley’s recent achievement in qualifying for her Masters of Laws at the University of Sydney.  Lesley is to graduate later this year where she will be justly rewarded for the tireless effort she has applied in achieving outstanding results in her Postgraduate Degree.

The Directors remain indebted to Lesley as being the primary Solicitor servicing our Quirindi office for the last few years in addition to being available for her Tamworth clients.… Read More

No Will?

JBBIf you die, without a Will, or without an effective Will, your Estate is dealt with as set out in Chapter 4 of the Succession Act 2006.

If, when you die, you have a spouse (somebody to whom you are married or with whom you were carrying on a domestic partnership), the practical effect of the legislation is that your spouse will be entitled to the whole of your Estate.

If you and your spouse have children, your spouse will continue to be entitled to the whole of your Estate.

However, if you have children, who aren’t the children of your spouse, then your spouse is entitled to your personal effects, a statutory legacy and one half of the remainder of your Estate.… Read More

A Rose By an Other Name

Most family law matters that come before the court regarding children concern disputes as to where a child is to live, or how much time they are to spend with a parent.  However in a recent Family Court decision, the Court not only had to rule on the amount of time two children were to spend with each parent, but was also forced to step in and choose the name of a two year old girl because her parents could not agree on a name.

The child’s parents separated before the child was born and there had been no agreement in what the child’s name would be. … Read More

Solicitors Trust Accounts

JBBSolicitors Trust Accounts are regulated by the Legal Profession Act 2004 and the Legal Profession Regulation 2005.  These laws are in place to regulate the conduct of money held in Trust for clients. Such money might include funds required to settle property purchases, to pay stamp duty, for distributions in deceased estates, for debts recovered, for settlement of claims, or funds required to pay legal expenses.

Trust accounts are subject to external examination every year, as well as periodic random audits by the Law Society’s Trust Department. These external examiners and auditors will check transactions through the Trust accounts to ensure they comply with the Regulations.… Read More

Workplace Bullying

RHGEmployers are entitled to direct and control how employees carry out their work and to provide feedback on employee performance. But employers (and senior employees) should be mindful not to “let the power go to their heads” and tip the scale from constructive criticism to workplace bullying.

Workplace bullying can be difficult to define, but is generally classified as repeated unreasonable behaviour that threatens, intimidates or humiliates a person in the workplace and usually has negative effects on the bullied persons’ health and safety.

Bullying can be quite overt, such as physical assault or being demeaned and patronized in front of colleagues.… Read More