Hands on the wheel, not on your phone.

After more than 100,000 NSW drivers being found to be illegally using their mobile phone during a recent pilot period of 6 months, the NSW government has now implemented Mobile Detection Cameras statewide.

The detection camera systems use technology which captures the front row cabin space of the vehicle to detect illegal phone use.

So perhaps a refresher of what is a legal use of a mobile while drive may assist.
An unrestricted driver is allowed to do the following while driving:

– Make or receive a call, however you must have the phone secured in a cradle or be able to use the phone without touching it.… Read More

On the road again, just can’t wait to get on the road again?

As Willie Nelson famously put it, being on the road is a source of freedom and enjoyment for many people. More than this though, having a licence is crucial for people in rural and regional areas, given the tyranny of distance and lack of public transport alternatives.
Despite the importance of a drivers licence, many people lose it for significant periods of time due to poor behaviour on the roads. Previous legislation in this area meant that any driver who committed three relevant offences within a five year period could be declared a Habitual Traffic Offender (HTO). The effect of HTO declaration was that the Roads and Maritime Services would impose a further five-year licence disqualification on top of any disqualification imposed by the court.… Read More

Is my inheritance safe if I have declared bankruptcy?

Bankruptcy is the legal process by which you are declared as not being able to meet your debts.
Once you are declared bankrupt a Trustee is appointed to manage and control your assets. Essentially the appointed Trustee is given the power to sell your assets as well as use any funds in your bank account(s) that are in excess of the threshold, to pay back money owed by you. Any assets that are sold or used by the Trustee makes up what is known as a bankrupt estate.
So what happens if you receive an inheritance prior to becoming bankrupt?
Much like any other funds in your bank at the time you declare or are declared bankrupt or any other asset of value, an inheritance will be used to pay back any debts you owe.… Read More

What are your legal obligations when you are involved in a car accident?

After the terrifying incident which occurred in Victoria recently, there has been more talk about what you are required to do when you are involved in a car accident.

In NSW, under the Road Transport Act 2013 it is an offence if you are driving and you fail to stop and assist after being involved in an impact which has caused injury or death. This could be impact with another vehicle, a person, or any other object. It also applies if a person is thrown from a vehicle.

Penalties for this offence are significant, with first time offences facing 18 months imprisonment and a $3,300.00… Read More

Introducing Dan Daley – Solicitor

I have recently joined Everingham Solomons working in the litigation team.
My professional qualifications include graduating with a Bachelor of Commerce, Bachelor of Laws and a Graduate Diploma in Education from the University of New England. I also hold a Graduate Diploma in Legal Practice through the College of Law. I have been admitted as a Solicitor to the Supreme Court of New South Wales and the High Court of Australia.
Previous to joining Everingham Solomons, I have worked in the finance and education sectors, as well as in other law firms.
Although I have only recently commenced working at Everingham Solomons, my connection to the firm is strong, having been the recipient of the inaugural Sir Adrian Solomons Memorial Law Bursary in 1998.… Read More

“I’m so excited to be selected for Jury Service”…. said no one ever.

It’s happened. The dreaded jury service summons has appeared in your mail box and you are mentally trying to figure out how many seasons of Suits you can binge watch before you have to attend. But largely you are probably thinking… Do I have to?

If you have been summoned to serve on a jury then you are legally required to attend Court on the date provided in the summons. However there are some circumstances where you can apply to be exempt or excluded from serving.

To be excluded or exempt from jury duty means that you are not allowed to serve on a jury.… Read More

Riding in cars with Boys… and Girls.

Confused by the requirements for how to restrain children in the car? It can be quite daunting and sometimes hard to get accurate information regarding child restraints and the legal requirements for car seats.

So let us break it down for you.

Under the NSW Road Rules 2014 you must restrain a child as follows:

Age                                                         Type of restraint

0-6 months                                           Approved rear facing restraint

6 months to 4 years                            Rear or forward-facing approved child restraint with an inbuilt harness

4 years to 7 years                                Forward-facing approved child restraint with an inbuilt harness or an approved                                                                            booster seat

7 years plus (145cm or shorter)       It is strongly recommended to use an approved booster seat

7 years plus (145cm or taller)            Adult lap-sash seatbelt

Additional requirements for the above approved restraints are that they must be properly adjusted and fastened.… Read More

Where the bloody hell…. did my money go?

It is widely known that Australia is in the midst of a terrifying Bushfire season which have had a devastating effect on our residents, wildlife and fire services and others, physically, mentally and financially. The old Australian adage about how when times are tough, mateship prevails has proven to be true and in typical fashion the people of Australia have rallied. We have seen unprecedented levels of donations well into the hundreds of millions of dollars, to assist the victims, fire services, charities and wildlife agencies.

While many of these organisations are legitimately accepting donations to assist those in need, we have also seen an increase of scammers defrauding people by claiming to be assisting those affected by the bushfire disaster.… Read More

Where’s the Fire?

With the devastating bush fires Australia has faced in recent times, it is a timely reminder to check and ensure that your smoke alarms are installed in accordance with the legislation and more importantly that they are in good working order. The Law in relation to smoke alarms in New South Wales is pretty clear. There is a requirement for all buildings in which people sleep to have working smoke alarms installed. Firstly, how do you make sure they are working? NSW Fire and Rescue recommend testing smoke alarms once a month (press and hold the test button) and changing the batteries every 12 months.… 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

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.… Read More