Is your strata property window safety device compliant? – Suzanne Hindmarsh

SMHAs of 13 March 2018 for the prevention of children falling from windows, strata schemes must have window safety devices installed on all applicable windows. If window safety devices are not installed by this date, owner corporations may face fines.

Which windows must be covered?  Any openable window where the internal floor is more than 2 metres above the outside ground level and being a window that is less than 1.7 metres above the inside floor level. For example, where a lounge room is on the second floor with a large window taking up most of the external wall. This will need a window safety device on this window.… Read More

Home based employment – what are you covered for under workers compensation? – Libby Campbell

Home based employment – what are you covered for under workers compensation? – Libby Campbell

The 21st century has seen an increase in the use of flexible working arrangements and alternate employment settings, which can involve the home. However are employees covered by workers compensation if they are working from home and there are no other employees or witnesses to vouch for their activities and potential injuries, and how far does it extend?

A recent decision made by Senior Arbitrator McDonald in the Workers Compensation Commission on 18 January of this year touched on this issue. The case involved a couple who ran a financial advice company from their home. In June 2010 the female partner died at home as the result of injuries inflicted by her partner, who was not found guilty of murder due to mental illness.… Read More

Ready Set Go! Contract Races and Gazumping – Katie Cook

You’ve found a house you love, put in an offer and it’s been accepted! Time to break out the champagne? Not just yet….

One of the most important things to remember when buying a property is that the Contract is not binding on either the purchaser or seller until Contracts are exchanged. That is the contract, evidencing all of the important terms have been signed by both the vendor and purchaser and the contracts have physically been exchanged.

Agents are legally bound to pass on to owners all offers made up to exchange. This means that although your offer has been accepted, another buyer may also make an offer on the property.… Read More

Are you in Year 12 at Tamworth, Quirindi, Gunnedah or Manilla? Are you wanting to study Law next year at University? Great news – the applications are now open for the Sir Adrian Solomons Memorial Law Bursary – Clint Coles

CCEveringham 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 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.… Read More

Do directors need an indemnity from the corporation they represent? – Terry Robinson

TLRbwWhilst a company structure generally protects directors from being personally liable to pay the company’s debts, this is not always the case. Further Directors may be fined personally by ASIC, or may have to pay the companies taxation liabilities such as PAYG or employee superannuation payments.

So, yes it is a good idea to have what is called a Deed of Access and Indemnity.

The deed is a contract between each director and the Company.

It gives the Directors access to the company’s records, payment of legal costs, and requires the company to affect directors and officers insurance, both during the director’s appointment and for a period of years thereafter.… Read More

Will agricultural giant CPC go to a Foreign Investor? – Alex Long

AJL B&W with bookcasesEarlier this year, Consolidated Pastoral Company (CPC), Australia’s largest privately owned cattle enterprise, hit the market sparking the all-to-often heard debate of whether this Australian agricultural gem will be snapped up by a Foreign Investor. In February 2018, the possibility of CPC being acquired by a Foreign Investor was made potentially harder when the Australian Government announced their new formal policy and guidelines to be applied by Australia’s Foreign Investment Review Board (FIRB) to proposed acquisitions of agricultural land by a foreign investor.

The Government indicated that these new rules were implemented in order to enable more opportunity for Australians to invest in agricultural land.… Read More

The importance of on-site sewage system registration – Jessica Wadwell

JRWUnder the Local Government Act 1993 (NSW), an on-site sewage system requires an Approval to Operate from the Local Council in order to be operated lawfully.  For an Approval to Operate to issue, and to remain force, the system must be inspected by the Local Council.  Councils are permitted to charge fees for these inspections.  Depending upon the risk rating of the system, the period for inspections varies from every 1-10 years.  The Local Government (General) Regulation 2005 (NSW) outlines performance standards and operational requirements.

It is the owner’s responsibility to ensure the system is registered and operating satisfactorily. It is recommended that owners undertake their own inspections, in addition to Council’s inspections, to ensue systems are operated satisfactorily. … Read More

Two children and a long relationship but was it a de-facto relationship? – Sophie Newham

SKNNot all couples wish to marry, but commit themselves to each other. The term in which a couple who are committed and live in a domestic relationship together is referred to as a “de facto relationship”. In such relationships sometimes it is hard to pinpoint when the relationship commenced and when such relationship ended.

Such questions arose in the case of Weldon and Levitt (2017).

Short facts of this matter were as follows:

  • Relationship between the parties was a relationship for approximately 12 or so years.
  • The parties had two children together.
  • The parties held no joint accounts.
  • With the exception of 12 months the parties resided in separate residences, when residing in separate residences neither party shared expenses for each other’s households.
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Final Inspections – Suzanne Hindmarsh

SMHPurchasing real estate – is a final inspection necessary?

A final inspection is arranged by a purchaser with a Real Estate Agent to inspect a property prior to completion.  The purpose of this inspection is to ensure the improvements and inclusions have not been damaged or removed since contracts were exchanged and the property has been left in a clean and tidy condition.

There have been instances where improvements and inclusions have been removed, damage has occurred due to vandalism or removalists, or the property has been left in an unsightly and dirty condition.  A purchaser has very little recourse once completion (i.e.… Read More

If you die from a workplace injury, can you also claim compensation for permanent impairment? – Libby Campbell

Under section 66 of the Workers Compensation Act 1987 workers are able to claim for permanent impairment for injuries which are assessed at greater than 10% whole person impairment (WPI) for physical injuries, or 15%WPI or more for psychological injuries. If the date of injury was to occur today the maximum payout, or 100%WPI for permanent impairment would be $598,560.

If death results from an injury, the worker’s dependents, such as a spouse or child, are able to claim a lump sum death benefit claim under section 25 of the Workers Compensation Act 1987. If death was to occur today the current pay out figure is $781,900.… Read More