Women in Business Charity Trivia Afternoon

RHGI have my reindeer antlers ready and my santa suit on standby; I have been reading the encyclopedia and atlas every night to brush up on my general knowledge. I am gearing up for the Women in Business Charity Trivia Afternoon co-hosted by Eversols and Forsyths Accountants.

With Anna Moulder of ABC New England North West as our Quiz Whiz Master, we will be hosting a trivia afternoon with a Christmas twist in support of World Vision.

Teams of six will battle it out to be crowned Trivia Quiz Whiz champions.

For a bit of fun, we are asking attendees to get into the festive spirit by wearing some Christmas bling.

All monies raised will be put towards purchasing gifts for women and children via World Vision’s Gifts program, such as “helping a woman start a business” and “sending a girl to school”.

Date:                           Thursday, 5 December 2013

Time:                          3pm to 5pm

Venue:                        Forsyths, Level 3, V Guy Kable Building, 201 Marius Street, Tamworth

Ticket Price:              $15 per person, tables of six

To reserve your table at the Women in Business Charity Trivia Afternoon, register at here by 2 December, or call the office on 02 6766 1066.

So get your Santa/thinking caps on and grab a friend, sister, mother or colleague to join you for an afternoon of Women in Business in support of World Vision.

Click here for more information on Rebecca Greenland.

Division of Jointly Owned Property

CCIt is very common in society for two or more people to buy a property jointly.

When it comes to real property, that is land and buildings, there are essentially two types of co-ownership.

The first is joint tenancy.  The other common form of co-ownership is called in tenants in common.

Joint tenants are often married.  Tenants in common are often business partners.

Regardless of the manner in which property is owned, often it becomes the case that one of the co-owners no longer wishes to hold on to the property.

Problems arise when people cannot agree how to end to their joint ownership in assets, like land, which is not divisible.

The relief that is available to a joint owner in these circumstances comes from section 66G of the Conveyancing Act.  That Act gives the court power to order the sale of the land and to bring about the end of the joint ownership.

In the usual course, the court will appoint a trustee to hold the property for sale and to forward the proceeds to the owners.

Because the law realises that a joint owner should be able to realise the interest held in their property, the court will only refuse such an application if there are special reasons for doing so.

The relevant application is complex and is required to be heard in the Supreme Court of NSW.  The proceedings and any negotiated  resolution of the matter can be lengthy.

If you have any questions concerning the termination of co-tenancy please don’t hesitate to contact Everingham Solomons, because Helping You is Our Business.

Click here for more information on Clint Coles.

Builders and Contractors need to protect their interests

TRMost media, focuses on the interests of the home owners being exploited by builders.

Builders however, have legitimate interests and as the contract proceeds, the builder will become vulnerable by investing a significant part of his working capital in the building project. In doing so, the builder is trusting the owners will pay him the agreed price for the contracted work.

Unfortunately, there are owners who will try to avoid paying the full price of their building contracts. The builder should protect his right to payment by:

  • fully documenting the building contract including all plans, specifications inclusions and PC items. The contract should
    contain all essential conditions and be signed by all parties.
  • fully documenting all variations and their likely costs in writing and having that document signed by the parties before any work is performed on the variation. This will clarify any confusion before the work is commenced;
  • making claims in writing for all properly available extensions of the contract term, immediately they occur. The general practice of seeking to catch up the time at the end of the project should not be adopted;
  • keeping a project day diary of events, worked carried out and conversations; and
  • immediately suspending the contract works, the moment the owners stop paying or start underpaying progress claims.

By doing these simple things will potentially save a builder or contractor much grief as it severely limits the owner’s opportunities for mischief at a later time.

At Everingham Solomons we have the expertise to guide you with all of your legal matters because Helping You is Our Business.

Click here for more information on Terry Robinson

Family Law Expertise continues at Everingham Solomons

saraThe Family Law team at Everingham Solomons continues to expand it’s knowledge base after I successfully graduated with a Master of Applied Law (Family Law) through the College of Law on Wednesday, 16 October 2013.

I commenced studying my Masters in late 2011 when I started working at Everingham Solomons. This involved combining full time study with full time work to successfully complete the course in a two year period.

Undertaking a Masters through the College of Law has assisted me considerably in being able to provide my client’s with up to date advice. The knowledge and practical training that I received was invaluable.

At the graduation for all of the College of Law Master of Applied Law programs, the graduands were treated to a formal address by Professor Gillian Triggs who is the current President of the Australia Human Rights Commission.

I believe that it is important for Lawyers to enhance their skills in their areas of expertise. The College  of Law offers the Master of Applied Law courses in Commercial Litigation, In-House Practice, Wills and Estates and Family Law. There were six graduands in Family Law who attended upon the ceremony.

Throughout the course I undertook advanced children and property subjects, advocacy and general conduct of matters.

I am delighted to have finished my Master’s. Perhaps in 2014 I will look at further studies but in the meantime, I look forward to using my increased knowledge to work with my client’s to achieve the best possible outcome for them.

If you have any issues in relation to any Family Law matter, you should seek legal advice from Everingham Solomons as we have the experience and expertise to assist you because Helping You is Our Business.

Click here for more information on Sara Burnheim.

Primary Production Land Tax Exemption

ATHLand tax is imposed annually on the total land value of all taxable land owned in NSW. However, land that is used for primary production is exempt.

 

Qualifying for the primary production exemption is not a straight forward process. The Office of State Revenue (OSR) has implemented increasingly strict guidelines surrounding what land qualifies.

Under the Land Tax Management Act 1956 (NSW), land that is zoned rural and is used for primary production qualifies for the exemption. However, land that is not zoned rural must pass a stricter test. Not only must non-rural land be used for primaryproduction, it must also:

  • have a significant and substantial commercial purpose or character; and
  • be engaged in for the purpose of profit on a continuous or repetitive basis.

Determining whether an operation has a “significant and substantial commercial purpose or character” may take into account:-

  • The size of the herd;
  • productivity of the operation;
  • attempts made to improve the land/operation; and
  • time spent conducting the operation.

The requirement that the primary production “be engaged in for the purpose of profit” does not mean the operation must in fact be profitable, however, it has been suggested that a lack of profit can be used as evidence of a lack of a profitable purpose.

The starting point in demonstrating that land qualifies for the primary production exemption is to keep thorough records for the land. This may include detailed trading records, buy/sell records etc. Historical records detailing past use of the land are also useful in demonstrating that the primary production use has been engaged in “on a continuous or repetitive basis.”

At Everingham Solomons we have the expertise to assist land owners with in dealing with land tax issues as well as with any other dealings with the OSR.

If you have any questions regarding the primary production land tax exemption, please do not hesitate to contact the experienced team at Everingham Solomons because Helping You is Our Business.

Click here for more information on Abbey Huckstep.

Accolades from NSW Business Chamber

TJBThe Directors and staff are delighted with their success at the recent New England and North West Business Chamber Awards having now become a State Finalist for Excellence in Business Ethics.

Whilst historically Everingham Solomons and its predecessors have delivered legal services in the New England and North West for in excess of 140 years it has strived to be the best.  However the manner in which those services are delivered has always assumed paramount importance.

Since well before the inception of “specialisation” as sanctioned by the Law Society of New South Wales in the 1990’s, Everingham Solomons has embraced the need to specialise.  This firm has been acknowledged to have more Accredited Specialists than any other firm outside the metropolitan areas.  To provide client services with a level of legal specialisation has assumed substantial importance with numerous of our Solicitors having completed Masters of Law Programs as well as becoming Accredited Specialist in the areas of Law in which they are passionate.

To be accepted by our clients as trusted advisors has long been a core value of this firm.  To have this formally acknowledged brings a great deal of satisfaction to the Directors and staff alike.

The Directors and staff are absolutely delighted in having the manner in which we act on behalf of our clients formally acknowledged in this way by the NSW Business Chamber with the cornerstone of our values firmly based upon uncompromising honesty and integrity.

Everingham Solomons looks forward to representing the New England and North West as a State Finalist in Sydney at the NSW Business Chamber Awards at the end of November 2013.

We acknowledge with gratitude the continuing support of all our clients many of whom have become our active advocates to those in need of legal services.  For all those special people we sincerely thank you.

Click here for more information on Terry Broomfield.

Is your rental property being used illegally?

RHGA recent decision in the Land and Environment Court should be reviewed by landlords who rent their property for short-term stays to ensure the use of the property is not in breach of the Local Environmental Plan for the area.

The case of Dobrohotoff v. Bennic determined that the renting of a house to party goers for short-term stays was not a permitted residential dwelling use in the Gosford local government area.

The house, located in a beachside residential suburb, was usually rented out for weekends and week long stays. The neighbour brought the claim against the owner of the property after the neighbour’s complaints about late night parties and loud events such as buck’s & hen’s nights were ignored.

The neighbour’s case was brought on the basis that the house was not being used as a dwelling house as the short-term occupation by temporary tenants was inconsistent with the concept of a “dwelling”. The neighbour argued that the use was more akin to tourist accommodation, which was not permitted in the residential zone.

The owner of the house submitted that they had rented the property for short-term stays for a number of years, as had the previous owner.

The court determined that whilst renting of a property to a family or group as a genuine holiday house for periods of over one week would be permitted within the zoning, the use of the property for parties and functions was not a valid use of a dwelling house.

The decision is a timely warning, as we approach the holiday season, for landlords to check their local council zoning restrictions to ensure their rental properties are being utilized for an approved purpose. It is also important to note that the responsibility for complying with council zonings lies with the landlord, and not their real estate agent.

If you are considering purchasing an investment property, it is important that you advise your solicitor if you are intending to rent the property for short-term stays so that the necessary enquiries can be made of council before committing to the purchase. The Property Team at Everingham Solomons is well equipped to assist you with these zoning issues becauseHelping You is Our Business.

Click here for more information on Rebecca Greenland.

Changes to 457 Visa from 1 July 2013

MKG-newThe Migration Amendment (Temporary Sponsored Visa) Bill 2013 was passed in July 2013.  Although there are some positives for employers that are sponsoring overseas workers, generally they do not assist.

The Sub-Class 457 Visa allows skilled workers to come to Australia and for businesses to hire overseas workers on a full time basis for up to four years.  The purpose of the Visa is to fill a skill shortage.

The most draconian change is that employers must now prove that they attempted to hire Australian citizens and permanent residents before hiring overseas workers.  An employer must provide evidence of any retrenchments or redundancies in the four months prior, any testing undertaken and evidence of attempts to recruit local workers.

There is an increase in application fees from $455 to $900 but there are also a lot more additional fees that are payable such as fees for secondary applicants which includes children or spouses.

Perhaps the only positive for employers and workers alike is that if a worker ceased employment with a sponsor, they had to find another sponsor within 28 days or leave the country.  This period has been extended to 90 days which will give workers a better opportunity to find other employers and proposed sponsors an ability to complete any applications.

With the recent change in government, it will be of great interest to see if there amendments to the recent changes.

If we can of any assistance, please call us at Everingham Solomons because Helping You is Our Business.

Click here for more information on Mark Grady.

Are your grandchildren your dependents?

KJSbwGrandparents are often very generous in their support of their grandchildren. Sometimes that is a matter of choice. Sometimes, a matter of necessity. The issue of whether a grandchild is financially dependent upon a grandparent can be relevant in many areas of the law.

It is quite common theses days for grandparents to wish to pass their death benefit superannuation entitlements to their grandchildren . The ability to demonstrate the financial dependency of the grandchild is very relevant in this context.

In order to pay a superannuation death benefit to a grandchild, and for the grandchild to receive it tax-free, the grandchild needs to establish financial dependency upon the grandparent.

Financial dependency is a matter of fact and in each particular situation needs to be individually assessed. Case law suggests that financial dependency can arise even when the financial assistance provided was to enable the grandchild to maintain a standard of living higher than the necessities of life. Not surprisingly, the ATO takes a less generous approach.

The ATO position is that financial dependency occurs where the grandchild is wholly or substantially maintained financially by the grandparent. The following points are drawn from published rulings issued by the ATO –

  • If the financial support provided merely supplements the grandchild’s income and represents “quality of life” payments, it would not be considered substantial support;
  • issues of quality of life and enjoying a reasonable standard of living are irrelevant for the purposes of determining dependency;
  • paying for social outings, medication, pocket money, entertainment and sporting costs will not be sufficient;
  • amounts spent on luxury items such as entertainment rather than child’s day to day living expenses are not relevant;
  • payment of private school fees are not of themselves evidence of financial dependency but when coupled with other factors such as payment of necessary food, shelter and clothing expenses can be relevant to the issue of dependency; and
  • the financial support must be regular.

Often the biggest single issue to overcome to establish dependency is lack of proper records. Retaining evidence of expenditure on a grandchild will always be critical to proving financial dependency.

At Everingham Solomons we can assist you with all your estate planning including situations involving complex structures such as superannuation funds because Helping You is Our Business.

Click here for more information on Ken Sorrenson.

Employing Migrant Workers

MKG-newIt is the responsibility of the business to ensure that their employees are allowed to work in Australia.

On 1 June 2013 there were amendments to the legislation that broadens those people that can be found responsible for employing illegal workers.

The changes to the legislation also gives the government greater powers to obtain evidence and introduces not only harsher but more far reaching penalties.

It is the responsibility of the business to take reasonable steps to determine whether a worker is able to work in Australia. It is irrelevant that the workers are sourced directly or through a contractor or a labour hire company.

The fines range from $3,060 per illegal worker for an individual up to $255,000 for a corporation, again per illegal worker. What can you do to ensure that a non-citizen is able to work:

  1. sight an Australian or New Zealand passport;
  2. sight an Australian or New Zealand birth certificate;
  3. use the Department of Immigration and Citizenship Visa entitlement and
    verification online services (VEVO);
  4. sight the worker’s passport that has a valid work Visa label.

Copies of all documentation that you sight need to be kept.

It is imperative that workers are checked to ensure that they are able to work in Australia as the penalties are great.

If you need assistance in this regard, please call us as Helping You is Our Business.

Click here for more information on Mark Grady.