On Wednesday 26 October, Eversols in conjunction with the NAB are hosting a Women in Business fundraising event in support of Frocktober at the Forum 6.
As the event will be in support of Frocktober, we are inviting female professionals to leave behind their boring suits and office attire and to glam up old Hollywood style for a special screening of “High Society” starring Grace Kelly.
Ladies this is your opportunity to put on a dress and if you are more daring to channel the glamour of a foregone era in a 1950s Hollywood inspired dress, and come along and participate in a quality networking event with fellow business women and professionals.
The movie intermission will feature an auction of various exciting items including an auction of male working bees who will visit the successful bidders home to attend to a hive of outside chores all in a bid to raise funds for Ovarian Cancer Research.
The aim of the evening is twofold. Firstly, the event will provide a forum for female professionals to meet, network and enjoy what promises to be a very entertaining evening. Secondly the event is in support of Frocktober which seeks to raise funds for Ovarian Cancer Research and for good reason, with an average of 3 women being diagnosed with Ovarian Cancer each day.
To reserve your spot in the next Women in Business event:
Under 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. It has the potential to minimise the risk of non-payment due to a contractors insolvency or dishonesty.
The legislation effectively freezes money in the hands of the principal contractor before it is paid to the person or entity who owes the sub-contractor the money.
A sub-contractor must first lodge and serve an adjudication application on the contractor and then serve on the principal contractor a “payment withholding request”.
The principal contractors’ obligation is to withhold an amount equal to the amount specified until either the contractor pays the sub-contractor or there is an adjudication certificate in your favour.
If an adjudication certificate is served on the principal contractor, the principal contractor must pay the sub-contractor the amount withheld.
If the principal contractor does not comply with the request, it becomes liable for the debt owed to the sub-contractor.
In effect the new amendments allow a sub-contractor to use money owed to the contractor by the principal contractor as security for the sub-contractors entitlements to payment under the sub-contract.
The process is very much paper and time driven and needs to be carefully managed to ensure the documentation is correct and the time limits observed.
If you require assistance in recovering your debts, Everingham Solomons have the experience, because Helping You is Our Business.
The 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.
Well done Jessica!
Click here for more information on Jessica Simmonds.
Click here for more information on Terry Broomfield.
Everingham 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.
We emphasise that the selection process does not depend solely on academic merit. We appreciate that students come from a variety of backgrounds and accordingly the selection process concentrates on the attributes of the student as a whole, rather than solely academic achievement.
The Bursary has gained widespread interest since its inception and continues to provide a valuable opportunity for current Year 12 students wishing to pursue a legal career.
Everingham Solomons view the Bursary as a continuing commitment to young people in the communities of Tamworth, Quirindi, Manilla and Gunnedah and we encourage interested students to apply. Applications will be accepted until 30 November, 2010.
Click here for more information on Terry Broomfield.
My 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.
Finally I have followed my true passion which is the law, and family law at that.
After working in Politics I came to the realisation that I am better at assisting individuals through their legal difficulties to bring them satisfaction and resolution, rather than being part of a global solution.
I am committed to ensuring that each client receives my full attention in their matter to give them the best results within the framework of the legislation.
I started my Family Law career when I was in Coonamble, principally working on children’s matters. When returning to the law, I worked for a Family Law firm in Bowral expanding my knowledge and confirming my dedication to that area.
I have commenced my Masters in Family Law providing me with the most up to date knowledge and practice to give clients the service that they require.
I am thrilled to be back in Tamworth and at Everingham Solomons as part of a dedicated and committed team.
At Everingham Solomons, Helping You is Our Business
When 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. The court considers what direct financial contributions each person has made (such as wages), it considers indirect financial contributions (such as inheritances). The court also considers non financial contributions such as caring for children, domestic duties and also the respective age, health and ability to earn income is taken into account.
There are a number of broad principles that will be considered by a court when determining how an inheritance could be considered. Assets are not protected simply because they have been inherited by one party.
The court will look at when the inheritance was received and the stage of the relationship at the time of the inheritance. Generally, when an inheritance is received very late in the relationship or after separation the court will treat it as a contribution made by the spouse who received it, however, this is not always the case. The size of the inheritance in contrast to the other assets owned by the parties is also relevant.
When there are no substantial assets owned by the couple but there is an inheritance it is more likely the court will make an order for a property settlement from the inheritance, even if the inheritance was received after the date of separation.
This was illustrated in the case of Schirmer and Sharpe (2005). The facts were that the parties were married for 9 years. During the course of the marriage the parties had four children. The total net property at the time of separation was $9,000.00. At the time of the trial it was $833,833.00. The increase was mainly due to an inheritance the wife received three years after separation. The Trial Judge made an order which took into consideration the financial contribution made by the wife (being the inheritance) ordering the wife to receive 90% of the asset pool the husband to receive 10%. The husband appealed this decision but the Full Court dismissed the appeal and found that the Trial Judge to be correct.
When you are considering separating or have separated, you should seek legal advice. At Everingham Solomons we have the experience and expertise to assist you because Helping You is Our Business.
Click here for more information on Jennifer Blissett.
The 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.
Lesley pursuit of further studies is a tremendous example of the initiative shown by our Solicitors in pursuing further qualifications to provide the highest quality of specialist service to our clients.
Specialisation has been embraced by this firm for many years with a focus of providing such services that otherwise normally may be only available in the city.
Congratulations Lesley for qualifying for your Postgraduate Degree of Masters of Laws and becoming a Senior Associate – well done !
Click here for more information on Terry Broomfield.
If 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.
There is provision for your spouse to have a preferential right to acquire certain property from the Estate.
The legislation provides for the situation where there is more than one spouse. Your first reaction will be “How could that be? Isn’t it a crime to be married to more than one person at a time?” However, a person could be legally married and then also be living in a domestic relationship with another and thus have two spouses at the time of his or her death.
So the legislation makes provision for the distribution of the Estate amongst the spouses.
The legislation also makes provision for a distribution of the Estate where the deceased’s children are the children of either or both of the spouses.
But what happens if the deceased had children, but they are not children of either of the surviving spouses? The legislation makes provision for the Estate to be distributed between the spouses and those children.
Doesn’t all this sound complex? Wouldn’t it be easier to make a Will where you determine who gets the Estate and not the Government.
The Law Society of NSW has arranged for free seminars to be held across the state on Friday 19 August 2011 to better acquaint people with the need of having a Will. A seminar will occur in Tamworth on that day at the Community Centre commencing at 2.00pm and in Quirindi at the Quirindi Library commencing at 12pm. If you would like more information about making a Will please come along because Helping You is Our Business.
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. The child had not yet been registered and the mother referred to the child by one name and the father referred to the child by another name.
The child already went by the father’s surname, however in an attempt to compromise, the mother offered to hyphenate the first name. The father would not agree however, claiming that the name the mother picked (even the hyphenation) was blasphemous to his Islamic faith.
It became apparent to Justice Forrest that the father was somewhat controlling of the mother and her capability to act independently of him.
Justice Forrest stated, “I am drawn to the conclusion that the father’s opposition to the name (chosen by the mother) is yet another example of his determination to control the mother and her parenting of these two children.”
What was also interesting in this case was that the father was married to another woman at the time of his “relationship” with the mother and in a sense had two women “on the go”. He also had children to his other marriage.
The Family Court decided that whilst the girl will ultimately decide for herself which name she preferred to be called, it was the Court’s decision that until such time, the first name chosen by the mother should be used and ordered that the girl be registered by that name.
Should you require Family Law advice, at Everingham Solomons we have the experience and expertise to assist you because Helping You is Our Business.
Solicitors 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.
Solicitors are required to have written instructions to transfer funds from the Trust account. Often these instructions are incorporated into the Costs Agreement the firm enters into with the client. Also, a Solicitor may provide a Bill to a client, and advise that funds held in Trust for the purpose of meeting their legal costs will be transferred in settlement of the account unless an objection is received within a specified period.
Contrary to a common misconception, Solicitors do not earn any interest on clients funds held in their Trust account. In this state, all interest earned on funds in Solicitors Trust accounts is paid directly to the Law Society of New South Wales.
Clients may decide, particularly if a significant amount is involved for a lengthy period, to instruct their Solicitor to deposit their Trust funds into a Controlled Money account to earn interest on their money whilst it remains under the control of the Solicitor. To do so, the Client must provide written instructions to their Solicitor, which includes nominating the institution and type of account to be used.
On completion of a matter where there were Trust transactions, the Solicitor is required to provide a Trust Statement to the Client. Also, on 30 June each year, subject to some exceptions, the Solicitor is required to provide Trust Statements to all Clients where there has been Trust transactions within the preceding 12 months.
Should you have any queries about Trust accounts we would be happy to discuss them with you because Helping You is Our Business.
On Wednesday 26 October, Eversols in conjunction with the NAB are hosting a Women in Business fundraising event in support of Frocktober at the Forum 6.
