I began working at Everingham Solomons in 2019 as a legal administrator and have recently began a new role as a solicitor working in the property department.
I graduated from the University of New England in 2019 with a Bachelor of Business (Financial Management) and Bachelor of Laws. In 2021 I also obtained a Graduate Diploma of Legal Practice from the College of Law and was admitted as a Solicitor to the Supreme Court of New South Wales.
While working as a legal administrator and paralegal at Everingham Solomons I gained experience working across a number of fields including: workers compensation; property and conveyancing matters and; wills and estate planning. I have now joined Everingham Solomons’ experienced property team to provide legal services in conveyancing, leasing and estate planning matters.
Before moving to Tamworth I grew up in Inverell, in the northern New England area. In my spare time I am an avid reader of anything fiction as well as political biographies and commentaries and also enjoy watching movies.
I am excited to have the opportunity to continue my professional career as a solicitor at Everingham Solomons and provide excellent legal services to the region, because Helping You is Our Business.
The Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) came into effect on 29 March 2021 and replaced the Mental Health (Forensic Provisions) Act 1990 (NSW).
There are a number of changes that this new piece of legislation introduces in relation to the previous act. This new act makes amendments and additions to the previous definitions relating to cognitive impairment and mental illness and/or mental condition, now referred to as a “mental health impairment”.
A mental health impairment is now defined as a “temporary or ongoing disturbance of thought, mood, volition, perception or memory” which “would be regarded as significant for clinical diagnostic purposes” that “impairs the emotional wellbeing, judgment or behaviour of the person.” The mental health impairment can come about due to anxiety, affective disorder, psychotic disorder or a substance-induced disorder that is not of a temporary nature.
Under section 5 of the new act, cognitive impairment is defined as “an ongoing impairment in adaptive functioning and comprehension, reasoning, judgment, learning or memory which result from damage to or dysfunction, developmental delay or deterioration of the person’s brain or mind.” Cognitive impairment can relate to intellectual disability, borderline intellectual functioning, dementia, acquired brain injury, drug or alcohol related brain damage and autism amongst other causes.
Section 15 of the new act outlines a list of factors that a Magistrate may take into account in deciding whether diversion is more appropriate then dealing with the matter otherwise in accordance with the criminal law. These factors include:
• The nature of the mental health or cognitive impairment,
• The seriousness and circumstances of the alleged offence,
• The suitability of the sentencing options available,
• Any changes in the circumstances of the defendant,
• The defendant’s criminal history,
• Any previous mental health diversion,
• Any treatment plan and its contents,
• Whether the defendant is likely to endanger the safety of themselves, the alleged victim, or any other member of the public, and
• Any other relevant factor.
The intersection between mental health, cognitive impairment and the criminal law can be quite complex. Should issues relating to mental health and/or cognitive impairment arise in criminal law proceedings, it is important to ensure you are represented by someone with knowledge and expertise in this area. Our experienced team at Everingham Solomons can look after these issues for you because Helping You is Our Business.
Guns. And I’m not talking about the ones you see on the beach in Summer.
Gun laws in Australia are heavily regulated, and as such there are plenty of ways to find yourself in trouble, if you do not follow the Laws and Regulations carefully.
There are two main hurdles when looking to obtain a firearm. There are the licensing requirements and then there is the permit you are required to hold, so that you may obtain a firearm.
In order to obtain a firearms licence you must make an application. The first requirement is to show that you have a genuine reason for wanting to obtain a firearm. Genuine reasons include; vermin control, hunting, sports shooting, farming and a requirement for employment.
You will also be required to undertake a safety course and a background check which includes a criminal history check along with an intelligence check.
This process is an application so the authority has the discretion to refuse your application. There are a few reasons you may be denied a licence for example certain criminal activity will prohibit you from obtaining a licence.
In addition to not being granted a licence, the authority can suspend or revoke a licence at any time.
If you have been granted a firearms licence, then you may apply for a Permit to Acquire. This is done each time you wish to acquire a firearm.
You will need a valid reason for wanting to obtain a fire arm and generally it must be directly related to the genuine reason you provided with respect to obtaining your gun licence.
The application must include a declaration as to where the firearm is intended to be kept as well as address the safekeeping requirements as set out by the Legislation.
Further background checks are conducted upon a person submitting a permit application.
Once issued, you will be able to take the permit to a Licensed Firearms Dealer and obtain a firearm.
On top of the above, if the Commissioner is of the opinion that you are not fit to possess a firearm, they can issue a Firearms Prohibited Order which will prohibit you from possessing a firearm.
Recently, the Police have been conducting inspections of firearms locally so if you have found yourself in need of some advice, contact Everingham Solomons because Helping You is Our Business.
The 2020 Sir Adrian Solomons Memorial Law Bursary was awarded to Riley Bomford of Calrossy Anglican School.
Riley obtained a NSW ATAR of 97.5 and band sixes in five Higher School Certificate subjects. Riley was the Calrossy boys’ school captain for 2020 and involved in charitable and community based activities too numerous to particularise in full. Riley plays rugby and cricket as well as holding refereeing and executive positions in those fields. For 2021, Riley is studying law at the University of New England whilst working full time as a court officer at the Armidale Court House.
Everingham Solomons is very proud to be associated with such a well-rounded, hard-working and community conscious individual.
If you would like more information on the Law Bursary, please contact Everingham Solomons because, Helping You is Our Business.
Riley is pictured here with Everingham Solomons Director, Clint Coles.
What should be done during the Decommissioning and Rehabilitation Phase?
At the end of a renewable energy project’s operating life, the wind or solar farm will be decommissioned and all turbines, arrays and other infrastructure will be removed from the land. Following removal of all equipment and related infrastructure, the land will undergo a series of steps to ensure return to agricultural use. The obligations to ‘make good’ rests with the project owner.
Generally, the Development Approvals and the lease agreement contain provisions explicitly setting out the requirements for the decommissioning and the expectations around rehabilitating the land.
Further, the planning assessment process normally requires a Decommissioning and Rehabilitation Plan (DRP) to be prepared. A DRP typically sets out the requirements in relation to the removal of infrastructure and rehabilitation of land to an agreed state as negotiated between the landowners and the project owner.
From a landowner’s perspective, it is essential that the lease agreement clearly sets out the responsibilities for decommissioning and rehabilitation and provides for security of the funding to enable decommissioning.
In determining an agreed standard for the land at the end of decommissioning, landowners should consider the following:
• Removal of unwanted infrastructure and decision on which (if any) roads, access tracks, gates and/or fences and other infrastructure should remain on the land after the termination of the lease;
• Rehabilitation of land (e.g. pasture type and condition, erosion control, weed control); and
• Return or replacement of any landowners’ farm infrastructure (e.g. fences, gates, water points).
A landowner may also wish to seek ongoing evidence that the project owner has the capacity to fund the decommissioning activity and that such funds are set aside securely for that purpose. Examples include bank guarantees, a sinking fund, a trust fund or a deposit held by the landowner.
Everingham Solomons have experienced Solicitors who have represented landowners in wind and solar farm projects. Please do not hesitate to contact us for any legal advice you may need in relation to a renewable energy project because Helping You is Our Business.
The Holliday season is something a lot of us look forward to for the whole year as it brings with it some much awaited time off from work.
It also brings with it a number of Public Holidays, and who doesn’t love a public holiday!
So what Public holidays do we have to look forward to over the holiday season?
In NSW Christmas day, 25 December 2020 and Boxing Day are recognised as Public Holidays.
As Boxing Day falls on a Saturday this year, there is an additional Public holiday on 28 December 2020. Bonus!
New Year’s Day is also a public holiday falling on Friday 1 January 2020.
So let’s talk about what happens when a Public holiday falls on a day you would usually be required to work.
If you a full time or part time employee, then your employer is required to pay you your base rate for the day. So if you would usually work five (5) hours on a Tuesday and a public holiday falls on a Tuesday, then you are entitled to get paid for five (5) hours. If your usual hours do not fall on a day that is public holiday, then you are not entitled to be paid.
If your employer requires you to work on a Public holiday or you agree to do so, then you are entitled to take the hours you worked off on another day in substitution for the Public Holiday. Depending on your award, enterprise agreement or other registered agreement, you may be entitled to a higher rate of pay for hours worked on a Public Holiday.
What about the casual employees out there?
There is no obligation for casual employees to work on public holidays. However if you do, then you are usually well compensated. Depending on your industry, public holiday rates can be up to triple your ordinary rate of pay. The rate for public holiday pay is entirely dependent on what award, enterprise agreement or other registered agreement that your employment falls under.
The Staff and Directors at Everingham Solomons wish you all a Wonderful Holiday Period and a Happy New Year and note we will be back in the office on 4 January 2021 because Helping You is Our Business.
With the COVID-19 restrictions lightening in time for the silly season, and people are frantically organising household gatherings we would be remiss if we didn’t remind you that you have neighbours!
Yes I know you probably know that, but as the holidays are celebrated, it’s a timely reminder that noise restrictions still apply during this time.
Noise restrictions apply to all types of noise but probably most relevant for the festivities is those carols and other tunes we all love to hate. This includes musical instruments.
So how loud is too loud? Essentially, if it can be heard in your neighbour’s house, it is noise that is restricted.
Music is allowed but must not be heard between the following times:
1. Friday, Saturday and any public holiday’s eve between midnight and 8am.
2. Any other day between 10pm and 8am.
The other thing to be mindful this time of the year is with respect to garden equipment and power tools. With the gardens needing to be in tip top shape for the relatives but it’s also 40⁰ during the day, the urge to get up at the crack of dawn is tempting. But this kind of noise is also restricted and cannot be heard between the following times:
1. Sunday and public holidays 8pm- 8am.
2. Any other day 8pm and 7am.
Other noise restrictions apply such as, alarms, noises made by cars (except general coming and going) and air conditioners.
Fines do apply for breach of Noise restrictions and can be given out by Police as well as your local Council.
If you can’t keep those singing voices in check over the holiday break Everingham Solomons has experienced Solicitors on deck because Helping You is Our Business.
Winter is in the rear-view mirror, the scent of Spring is in the air and Summer is approaching fast. It’s the perfect time to do the odd jobs around the house and tend to those overgrown yards. However, in order for your yard to look schmick you might be required to load up the trailer and head to the tip.
This is a timely reminder for all, that penalties for uncovered, unstable and overhanging loads can be quite harsh.
Fines for these offences will see you obtain 3 demerit points and cop a fine of $457.00 per offence.
That’s quite an expensive rubbish run!
So how can you avoid being caught for these offences?
Well there are specific considerations and rules to follow when loading up your trailer. These include ensuring that:
1. All loads are covered to secure and contain all materials within the trailer.
2. All loads are restrained using an appropriate restraint method.
3. All loads are loaded in a manner which does not make the trailer unstable or unsafe.
4. A load is not to be more than 150mm wider than the trailer or be more than 2.5m overall width, whichever is less.
5. Loads that project more than 1.2m behind a trailer have a red flag attached to the end of the load. This flag must be at least 300mm square and clearly visible.
Demerit points and fines can also apply for the following:
1. Exceeding towing capacity;
2. Not removing items that have fallen out of a vehicle/ trailer; and
3. Failing to attach a trailer to your vehicle correctly.
So if you are looking to be a weekend warrior, tip voucher in hand, cover up and secure those loads!
If you have lost your licence for accruing too many demerit points contact Everingham Solomons because Helping You is Our Business.
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 2021.
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 8 January 2021.
If you would like more information on the Law Bursary, please contact Everingham Solomons because, Helping You is Our Business.
Click here for more information on Libby Campbell.
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.
– Use music or audio functions, however you must have the phone secured in a cradle or be able to use the phone without touching it.
– Use as a drivers aid ie: Navigation, but your phone must be secured in a cradle which is fixed to the vehicle.
If you are a learner or provisional driver, it is illegal to use your phone at all while driving.
With the recent developments in technology, there are also some recent changes and clarifications regarding phone use while driving.
All drivers are now allowed to use their phone to access their digital driver’s licence, however only if a Police officer directs you to do so.
In addition, drivers are allowed to use their phones to pay for things or complete transactions, but only in circumstances where the car is stationary and you are off the road. You are considered to be off road if you are in a driveway, carpark or in a drive through. So yes, you can pay for that Happy Meal using your phone!
Drivers found to be using their mobile phones illegally will be penalised five demerit points and a fine of $344. As an added incentive to be safe around our little ones, the fine for illegally using your phone while driving in a school zone is $457.00 and you will cop those five demerit points too.
Everingham Solomons has experienced solicitors who are able to provide advice and represent you in all traffic matters because Helping You is Our Business.
I began working at Everingham Solomons in 2019 as a legal administrator and have recently began a new role as a solicitor working in the property department.
The Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) came into effect on 29 March 2021 and replaced the Mental Health (Forensic Provisions) Act 1990 (NSW).
Guns. And I’m not talking about the ones you see on the beach in Summer.
At the end of a renewable energy project’s operating life, the wind or solar farm will be decommissioned and all turbines, arrays and other infrastructure will be removed from the land. Following removal of all equipment and related infrastructure, the land will undergo a series of steps to ensure return to agricultural use. The obligations to ‘make good’ rests with the project owner.
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.