Introducing Morgan Papas

I am the newest addition to the Everingham Solomons Personal Injury Team.

I have been working at Everingham Solomons since September 2022 as a Law Graduate in the Personal Injury team, and I was recently admitted to the Supreme Court of New South Wales as a Solicitor in April 2023.

I am originally from Broken Hill and completed my schooling there and moved to Armidale in 2018 after finishing my High School Certificate. I commenced studying a double bachelor’s degree in Law and Criminology and lived on campus at Duval College during my four years of study.

After finishing my degree in 2022, I returned home to Broken Hill where I completed my Graduate Diploma of Legal Practice through the College of Law. During this time, I undertook work experience at Legal Aid, where I assisted on several criminal and family law matters. This experience allowed me to gain skills in advocacy, research, and ethics.

I moved to Tamworth in August 2022 where I commenced working at Everingham Solomons with Mark Grady. I was exposed to the world of personal injury and became fascinated with the processes and legislation involved in this area. Here in the personal injury team, we focus on all types of matters involving workers compensation, common law claims, public liability claims, and motor vehicle accidents.

When I’m not at work, I enjoy playing Australian Rules Football and Oztag, or catching up with friends.

As a Solicitor, I enjoy engaging with clients and helping them through complicated processes whilst protecting and maintaining their best interests to achieve a just and fair outcome. I look forward to doing this for the local community as part of the Everingham Solomons team, because Helping You is Our Business.

Click here for more information on Morgan Papas.

New Exemptions from Foreign Surcharges

NSW Revenue recently announced on 21 February 2023 that citizens of New Zealand, Finland, Germany and South Africa (Exempt Countries) are no longer required to pay surcharge purchaser duty (SP Duty) and surcharge land tax in NSW.

For now, we will put aside surcharge land tax for a later advertorial and look at SP Duty.

Generally, when foreign buyers purchase residential related property in NSW they must pay an additional 8% SP Duty on top of the usual stamp duty.

In NSW, you are generally not a foreign person if you are a:

  1. 1. Citizen of Australia
  2. 2. Person who is ordinarily a resident of Australia. To meet this requirement, you need to:
  • have actually been in Australia during 200 or more days of the preceding

12 months; and

  • not be subject to any time limit to leave. So, you would need a permanent entry visa (not a work visa and the like).

As part of the recent update, Revenue NSW decided that charging SP Duty is inconsistent with international tax treaties entered into by the Federal Government with the Exempt Countries.

SP Duty for non-individuals (such as companies, trusts and partnerships) that arises because of an entity’s connection with the Exempt Countries may also be affected by international tax treaties. At a general level, a corporation is considered foreign when a foreign person holds a substantial interest (20%) in the corporation.

To put all of this into perspective:

  1. If Alex is not a citizen of Australia or a person who is ordinarily a resident, then Alex may be a foreign person.
  2. If Alex is purchasing a $1,000,000 property in East Tamworth, the estimated stamp duty is approximately $40,110.
  3. 3. As a foreign person, Alex could pay up to an additional $80,000 in SP Duty on the $1,000,000 purchase (8% of purchase price). So, the total duty Alex pays in addition to the purchase price would be $120,110.

But, in this scenario, if Alex is from an Exempt Country (i.e. New Zealand, Finland, Germany or South Africa), Alex may now save $80,000 in SP Duty

On the other hand, Alex may be entitled to a refund if this amount was previously paid on or after 1 July 2021.

If we can assist you with your property transaction, please contact Everingham Solomons because Helping You is Our Business.

Click here for more information on Jesse Martin.


Introducing Josiah Moore

I work as a Paralegal at Everingham Solomons, within the Personal Injury team, assisting with the legal work involved with compensating injured workers and victims of motor vehicle accidents.

Originally from the shores of Newcastle, in 2015 I moved inland to Tamworth.

I am currently completing my law degree at the University of New England and am eager to assist clients however I can.

Having come from the coast, there are many differences that are noticeable, but one thing remains the same regardless of where you are in Australia, the idea of a ‘fair go’. Since commencing at Everingham Solomons in 2019, I have had the privilege, alongside a fantastic team, of helping those people who have been impacted by personal injuries achieve their own fair go in a system that can oftentimes feel overwhelming.

If you’ve suffered an injury and are in need of a helping hand along the path to compensation, we would be glad to assist you at Everingham Solomons, because Helping You is Our Business.

Click here for more information on Josiah Moore.

Innovation to help our clients

The Covid-19 pandemic has seen a significant uptake in technology and innovation as a result of face-to-face restrictions and travel bubbles.

Everingham Solomons has undertaken renovations to accommodate new facilities and practices to help better serve our clients.  Some of these changes include offering two audio visual link dedicated rooms, which allow our clients access to psychiatrist medical assessments, Court proceedings, and other relevant assessments and consultations.

These are being utilised successfully and take significant pressure and stress off our clients as we have the technology set up ready for the assessment and our clients can simply walk into the room, complete the assessment or attend the consultation without having the additional stress of technology concerns or travel that otherwise would be required, particularly to Sydney.

Our firm has also invested in significant technology upgrades and programs which will continue to assist our clients with signing forms electronically, briefing barristers with the touch of a button, and organising large cases with clarity and seamless organisation.  Such technology will assist with preparing matters for Court and ensuring the Judge also has documents easily identifiable and accessible.

We have seen the introduction of these measures as significantly reducing the costs for clients and increasing the speed of the progression of matters.

Everingham Solomons, while being regionally based, is still able to provide clients with direct contact with Sydney based barristers and medical assessors without the expense of traveling.

We hope the new additions will continue to provide for greater access and flexibility to our clients because Helping You is Our Business.

Click here for more information on Libby Campbell.

Hi Ho, Hi Ho, it’s back to Court we go

It was announced that as at 28 November 2022, the Land and Environment Court of NSW will be revoking its COVID 19 policies resulting in hearings and Court attendances back to being conducted in person.

During the COVID 19 pandemic NSW Courts switched to Audio Visual Link (AVL) methods to conduct trials and court attendances to limit contact, however they have slowly been transitioning back toward usual pre-pandemic practice.

Most branches of the Local, District, Supreme and Federal Courts have already repealed their COVID policies and have made the transition back to in person attendances and the remaining NSW Courts are sure to follow soon.

In accordance with pre-pandemic procedures, a party can request to attend Court by AVL, however this needs to be approved by the Registrar of that Court.

There does appear to be some beneficial changes that were driven by the pandemic, which will overall make the Court systems easier to navigate with less attendances being required including submission of Orders being conducted online.

If you need to appear in Court, contact Everingham Solomons to see one of our Litigation team because Helping You is Our Business.

Click here for more information on Sarah Rayner.

Electronic Witnessing Requirements

Headshot of Nick Hawkins - Solicitor at Everingham Solomons TamworthSome of the changes to legislation brought on by the COVID-19 pandemic are developments in “electronic witnessing” of signatures through audio visual links.

In 2020 the Electronic Transactions Act 2000 (NSW) was amended to allow signatures to be formally witnessed through any platform or program that allows visual communication between two or more people such as Zoom, Skype or FaceTime. Through such audio visual links a witness can attest to another person’s signature on a document, the swearing of an affidavit and verify the identity of the person signing.

Importantly, even though the witness is not in the same room as the person signing the document, a lot of the formal requirements remain the same.  The witness must still observe the person signing the document over the audio visual link. This requires the witness to ensure they can confirm the identity of the person signing and can clearly see them write their signature in every instance.

The witness must then sign their own copy of the document being executed as a counterpart, or have the signatory scan a copy to the witness or post the original to the witness to sign as soon as possible. If the documents are signed by the signatory and witness in counterparts, both of the separate copies are considered parts of the original document.

One important difference with electronic witnessing is that the document being signed must include a statement clearly identifying that the document was witnessed electronically in accordance with section 14G of the Electronic Transactions Act 2000.

Although COVID restrictions have now eased, it appears that this legislative change is here to stay as it was extended indefinitely in 2021. This has been a widely welcomed and useful progression to legal witnessing requirements and is a practical way to witness signatures on many different types of documents including Wills, affidavits and contracts.

If you have any questions regarding electronic witnessing, contact a solicitor at Everingham Solomons because Helping You is Our Business.

Click here for more information on Nick Hawkins.

Applications are now open for the Sir Adrian Solomons Memorial Law Bursary

Headshot of Libby Campbell - Solicitor at Everingham Solomons TamworthAre 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

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 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.

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.

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. The Bursary is also open to students currently undertaking a gap year who will be commencing university study in 2023.

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 Thursday, 12 January 2023.

If you would like more information on the Law Bursary, please contact Everingham Solomons because, Helping You is Our Business.


Do I need a solicitor?

Headshot of Suzanne Hindmarsh - Conveyancer at Everingham Solomons TamworthMost people only seek legal advice for problems when they arise – when going through a divorce or after an accident for example. But what if your lawyer is like a best friend you didn’t know you needed?

If you consult a lawyer BEFORE a legal issue arises, they can help you anticipate and prevent serious legal problems, saving you a lot of money and heartache in the long run.

If you’ve never worked with a lawyer before, some common situations where getting legal advice from a lawyer may be necessary include:

• The sale or purchase of a house, property or business
• An accident involving personal injury or property damage
• A family problem such as divorce or a child custody dispute
• Workplace disputes including discrimination or harassment on the job
• When you are starting a business
• The drafting of a will, trust, or estate plan

So when should you talk to your solicitor? It is best to communicate with your conveyancer/solicitor as soon as you have decided to embark on a new venture.

For example if you plan to purchase a property – you should get your solicitor to review the contract before you sign it. Otherwise you may encounter problems of not completing the contract on time, or there may be disputes over inclusions which were not itemized on the contract prior to exchange. These and many other problems can be avoided if the purchaser consults with their conveyancer/solicitor from the very beginning.

Another example is when you are selling a property. By law you must have a contract of sale drafted BEFORE you market a property. A marketing contract is provided to your real estate agent for the purposes of advertising your property. However, if your property has been on the market for a long time or you choose to put the property up for auction. Before doing so, your marketing contract should be reviewed as there could have been legislation changes that affect the marketing contract. If the agent uses the outdated marketing contract as the auction contract and proceeds to auction. This can cause issues for the vendor allowing a purchaser to withdraw from the contract up to the time of settlement. This can have devastating consequences and costs for the vendor.

Another time that is especially critical to see your solicitor first is when purchasing a business. Once committed, it is very difficult or costly to change business entities if you have not selected the most tax-advantageous business structure. Related issues such as the transfer of employee entitlements again can be very costly if not adequately covered in the initial negotiations.

At Everingham Solomons, we have the expertise in Property Law, Business Law, Family Law, Wills and Estates to help you make the right decisions. The sooner you speak to us, the more we can help because Helping You is Our Business.

Click here for more information on Suzanne Hindmarsh.


New Associates Announcement

Headshot of Mark Grady - Accredited Specialist and Director at Everingham Solomons TamworthEveringham Solomons Solicitors has seen significant growth over the last 12 months.

We have welcomed a number of new staff and our existing staff have continued to develop in their careers.

Recently we celebrated Nick Hawkins and Lachlan Ennis being admitted as Solicitors to the Supreme Court of New South Wales. Nick Hawkins works in our Property Law team and Lachlan Ennis works in our Family Law team.

Today, it is with great pleasure that I announce that Solicitors Libby Campbell and Sarah Rayner have been promoted to Associates.

Libby has been with our firm since 2017 and has been a shining light in the Workers Compensation and Personal Injury space.

Sarah has been with our firm since 2019 and has had a huge impact in our Property Law team.

Libby and Sarah have shown exceptional leadership qualities and we are so proud to have them as part of the Everingham Solomons team.

When the company was founded in Tamworth almost 150 years ago, it would have been hard to imagine it would grow to become one of the largest regional law firms in NSW.

With over 20 full-time lawyers, solicitors and conveyancers specialising in everything from property law, family law, criminal law, business law and personal injury, Everingham Solomons has all your legal needs covered. Helping You is Our Business so give us a call.

Click here for more information on Libby Campbell or Click here for more information on Sarah Rayner.


Introducing Lachlan Ennis

As a huge fan of the iconic Australian movie “The Castle”, my commitment to our clientele is more than a ‘vibe’. Dedication to assisting the individual client with understanding and achievable outcomes is my commitment.

In 2017 I graduated with a Bachelor of Arts and Bachelor of Laws from Macquarie University. In 2021 I completed a Post-Graduate Diploma of Legal Practice from the College of Law. Shortly thereafter I was admitted to practice as a solicitor by the Supreme Court of New South Wales.

I have been living in Tamworth since 2015 and love the numerous opportunities and lifestyle choices that the region offers.

I have a passion for all things farming and agriculture, and in my spare time I enjoy assisting my parents on their rural property. I have also been known to participate in rugby union, usually spotted standing on the wing like all good forwards.

As a member of the Everingham Solomons Family Law team, I practice in all areas of divorce of matrimonial property, spousal maintenance and parenting matters. I look forward to continuing to learn and contributing to our community with Everingham Solomons, where Helping You is Our Business.

Click here for more information on Lachlan Ennis.