by Ken Sorrenson | Aug 18, 2018 | Business
Business relationships are like marriages. Some stand the test of time, others do not.
A company in which two or more unrelated parties are directors and shareholders is a very common structure. The parties involved usually know each other well and learn to accommodate each other’s idiosyncrasies for the good of the ongoing business. That frequently changes when business operators age or die bringing new people into the business.
The recent case of Advanced Fuels Technology v Blythe arose in that factual situation.
The company Advanced Fuel Technology (AFT) had operated for many years under the equal control and management of Mr Blythe and Mr Thompson.… Read More
by Clint Coles | Aug 11, 2018 | General
Everingham Solomons are still accepting applications from Tamworth, Quirindi, Gunnedah or Manilla students for the Sir Adrian Solomons Memorial Law Bursary.
The Sir Adrian Solomons Memorial Law Bursary has long provided financial assistance for the successful applicant during their first year of university as well as an opportunity to gain valuable paid work experience in our offices periodically throughout the duration of their studies.
This year, for the first time Everingham Solomons will also be making a cash donation to the school of the successful applicant to assist in maintaining the excellent educational standards that our region can offer.
All Principals of local High Schools have been contacted and advised of the details.… Read More
by George Hoddle | Aug 4, 2018 | Employment
Recently the Fair Work Commission during its four-yearly review of Modern Awards has ruled on Domestic Violence Leave.
In response to the submissions of Unions and the demands of the general public on the issue, the Fair Work Commission has sought to protect workers, noting “family and domestic violence is a community issue and requires a community response.”
The Fair Work Commission has released the final domestic violence leave model which will be inserted into all modern awards which will see Domestic Violence Leave being made available to workers from 1 August 2018.
The key elements of the incoming domestic violence leave are as follows;
- The Leave will be unpaid;
- The entitlement is up to 5 days leave annually;
- It will apply to all employees including full time casuals and part-time employees;
- The leave will not accumulate from year to year but will be available in full at beginning of each 12 month period;
The new provision will protect employees from any adverse action an employer may take against an employee for taking time off in accordance with the Domestic Violence Leave regime.… Read More
by Lesley McDonnell | Jul 28, 2018 | Wills & Estates
The deceased died in 2016 without leaving a Will. The deceased was survived by his estranged second wife, his ex-wife, and his two children, Thomas and William aged 19 and 16 respectively. The value of the deceased’s distributable estate was just over $430,000. At the time of his death, the deceased and his second wife had been separated for several years with the Court noting “There can be little doubt…the marriage had irretrievably broken down”. As the deceased died intestate (without leaving a Will) the deceased’s estate was distributed “not according to the wishes of the deceased as expressed in a Will, but according to a regime established by statute”.… Read More
by Alex Long | Jul 21, 2018 | Farm Succession
The importance of having a legally drafted farm succession plan is paramount in these difficult times as forward planning becomes a crucial factor in the survival of rural farms and rural small businesses.
Under the NSW Government’s Farm Household Allowance, an Activity Supplement payment of up to $3,000.00, payable to both you and your partner ($6,000.00), can be used to obtain professional legal advice on succession planning that will help improve you and your family’s future business sustainability and secure your financial position.
In a study published in 2005, it was reported that over a quarter of Australian farms were being run by owners who are over 65 years of age, making succession planning an issue of dire importance.… Read More
by Libby Campbell | Jul 14, 2018 | Workers Compensation
Under NSW workers compensation law medical expenses are stopped after certain periods depending on the severity of the injury. For all accepted injuries there is a minimum of two years from the date of the injury or the date of the last weekly payment that reasonably necessary medical expenses will be covered by the workers compensation insurer. If the worker is assessed between 11% and 20% whole person impairment the worker’s medical expenses are then covered for five years from the date of injury or from the date of the last weekly payment. If the worker is assessed at greater than 20% whole person impairment the worker’s medical expenses are covered for life.… Read More
by Terry Robinson | Jul 7, 2018 | General
Everingham Solomons Solicitors is proud to announce that George Hoddle and Clint Coles have been appointed as Directors of Everingham Solomons, in recognition of their expertise in their chosen fields of law, their professionalism, their commitment to the North West and their continued growth as lawyers.
George was admitted as a Solicitor in 2008 and holds a bachelor of Law and a bachelor of commerce.
George’s work is focused on commercial litigation, dispute resolution and employment law matters with a particular focus on rural issues.
George has been involved in a number of large complex commercial matters whilst working in Sydney prior to joining the firm.… Read More
by Sophie Newham | Jun 30, 2018 | Family
When a marriage breaks down, it is not automatic that a property settlement occurs under the provisions under the Family Law Act.
In the recent case of Higgins, which was before the Family Court in 2018, the questions arose as to whether or not a wife was entitled to a division of property under the Family Law Act.
The facts of this case were, the husband was aged 76 years, the wife was aged 43 years.
The parties met in 2006, at this time the wife was working as an escort, the husband became her client. The parties married in 2012 and separated in 2015.… Read More
by Jessica Wadwell | Jun 23, 2018 | Property
A Building Information Certificate is issued by the Local Council for the whole or part of a building. The certificate is a confirmation from Council that Council will not issue an order, or take proceedings for an order or injunction, for the repair, demolition, alteration, addition or rebuilding of the building. The certificate also provides a confirmation that Council will not initiate proceedings with regard to any encroachment by the building onto land either owned or controlled by Council. The certificate is issued for a specified period, being a period of seven (7) years and only covers such matters which exist or occur at the time of issue of the certificate.… Read More
by Lesley McDonnell | Jun 16, 2018 | Property
From 1 July 2018 the purchaser of ‘new residential premises’ will be required to withhold the GST amount from the purchase price on account of the GST liability of the vendor and pay that amount directly to the Australian Taxation Office (ATO) on or before settlement. This represents a change to the current regime where a vendor who makes a taxable supply of new residential premises is required to remit the GST to the ATO after lodging their BAS. Under the new regime, the responsibility for payment of the GST to the ATO shifts to the purchaser who will pay the GST liability of the vendor out of the purchase price of the property.… Read More
