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.

All Principals of 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 2019.

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 28 September 2018.

Click here for more information on Clint Coles

Welcome Alex Long

AJL B&W with bookcasesMy name is Alexandra Long and I have recently joined the team at Everingham Solomons as a Law Graduate.

I graduated from UNE in September 2017 and am currently undergoing my Graduate Diploma of Legal Practice through the College of Law and will be admitted in June 2018 as a Solicitor

I was born and raised in Gunnedah and went to boarding school in Sydney. I completed my Bachelor of Laws through the University of New England, attending the university and Robb College in 2012 and undertaking the remainder of the degree by correspondence. I spent the last 4 years in the Northern Territory contract mustering and running the livestock administration for a Livestock Export Yard in Katherine, NT.

I come from a strong agricultural background having worked in many different sectors from cropping, grain handling, cattle and horses and growing up on the farm.

In my spare time, I love competing in camp drafting on my three horses and droving cattle. It’s been a big change going from the paddock to the office however I have to say, that I have loved my first week and can’t wait for my second.

I am very excited about my move to Tamworth and cannot wait to get involved in the lifestyle and great opportunities offered by this diverse region. I’ve always played a range of different sports and am amazed at the variety of sporting activities that Tamworth offers.

I’ve had previous experience as a Law Clerk in Gunnedah and at Everingham Solomons I will be working with Director Terry Robinson and his team in Property and Business Law. I look forward to meeting with clients, providing excellent service and advice and developing new working relationships because at Everingham Solomons, Helping You is Our Business.

Click here for more information on Alex Long.

Licence Conditions – Natasha Wood

NKW-booksAs of Monday 20 November 2017 changes to the Graduated Licensing Scheme (the process you go through from learner to fully licensed driver) are being implemented for new licence holders.

These changes only apply to new licence holders, being people applying for a new category of licence after 20 November 2017.

For new licence holders after 20 November 2017, there are 3 major changes:

1. Hazard Perception Test

The Hazard Perception Test (“HPT”) is a computer based test that measures a driver’s ability to recognise potentially dangerous situations and respond appropriately. Currently Provisional P1 (red) licence holders must pass the HPT to progress to a Provisional P2 (green) licence. As of 20 November 2017 Learner Drivers will need to pass the HPT before they are eligible to undertake a driving test.

2. Driver Qualification Test

The Driver Qualification Test (DQT) is a two part computer based test that assess a driver’s knowledge of the road rules and a driver’s ability to recognise and respond to hazards. Currently Provisional P2 licence holders must pass the DQT to progress to a full licence.  On 20 November 2017 the DQT will be abolished for new licence holders.

3. Extension of Licensing Period for Suspended Drivers

A driver must hold a Provisional P2 licence for a period of 2 years before they are eligible for a full licence. Under the new scheme, drivers will not have to undergo any further testing at this stage however they will only be eligible for a full licence if they have not committed an offence resulting in suspension. Where a Provisional P2 driver receives a demerit point suspension, or has their licence suspended for unsafe driving, they will remain a provisional driver for an extra 6 months for every suspension they receive.

All existing Licence conditions and restrictions for learner and provisional drivers (eg. speed limits, probation on driving high powered vehicles; peer passenger restriction; zero blood alcohol limit; prohibition on using a mobile phone while driving; and displaying plates on the front and rear of the vehicle) remain in force.

At Everingham Solomons Solicitors we have the knowledge and experience to assist you in all traffic law matters because Helping You is Our Business.

Click here for more information on Natasha Wood.

Welcome, Libby Campbell.

Welcome, Libby Campbell.

My name is Libby Campbell and I have recently joined the team at Everingham Solomons as a Solicitor.

I was born and educated in Tamworth where I attended Tamworth Public School and McCarthy Catholic College. I then attended the University of New England in Armidale graduating with a Bachelor of Arts, majoring in Sociology, and a Bachelor of Laws before completing my studies with a Graduate Diploma in Legal Practice through the College of Law in Sydney.

While I love visiting the capital cities and traveling overseas, I choose to live and work in Tamworth because our region provides wonderful opportunities and lifestyle. I have always played in the local competitions for netball and oztag, and I enjoy watching the latest production from the Tamworth Musical Society.

I bring to my role at Everingham Solomons prior experience working in a multinational specialist personal injury firm.  At Everingham Solomons, I will continue my work in personal injury, particularly Workers Compensation, working with Director Mark Grady. I will also be pursuing my interest in Family Law working with Director Jennifer Blissett. Additionally, I will further develop my knowledge in property law, having worked locally in the real estate industry prior to commencing my tertiary studies.

Everingham Solomons is a progressive legal firm, with a strong focus on developing and maintaining current legal knowledge relevant to the lives and businesses of our clients. We have accredited specialists in Personal Injury Law, Family Law, Property Law and Business Law. This proven expertise coupled with vast practice experience of the Directors of the firm enables Everingham Solomons to service clients in the North West and far beyond.

I am looking forward to meeting clients and assisting with your legal matters.

Click here for more information on Libby Campbell.

Helping You is Our Business.

Citizen by birth or citizen by descent – Mark Grady

MKG-newSection 44 of the Constitution has never been as interesting as it is now, especially in the seat of New England. There are five cases including our local member, who are to be referred to the High Court.  The facts in each case are different but all involve s.44(i) of the Constitution.

Section 44(i) states that any person is disqualified if they are “a subject or citizen or entitled to the rights or privileges of a subject or citizen of a foreign power”.

The section has been looked at by the High Court most comprehensively in Sykes v Cleary [2] [1992] HCA60 (Sykes case).

The facts in the Sykes case involve a Mr Delacretaz and Mr Kardamitsis both whom were born overseas. Both had utilised their foreign citizenship before becoming Australian citizens and the question was had they renounced their citizenship.  It was held that they had not and both were ineligible to stand.

Justice Brennan said;

“to take an extreme example, if a foreign power were mischievously to confer its nationality on members of the Parliament, so as to disqualify them, it would be absurd to recognise the foreign law confirming foreign nationality”.

Justice Dean said;

“an Australian born citizen is not disqualified by reason of the second limb of s44(i) unless he or she has established, asserted, accepted or acquiesced in the relevant relationship with the foreign power”.

Each of the cases that will come before the High Court involve different facts, some of which are similar to those in the Sykes case but most of them are different. The questions that will need to be determined include does a foreign citizenship automatically disqualify a candidate, what amounts to reasonable steps to ensure you are a foreign citizen and is consent a consideration?

At Everingham Solomons we have the expertise and experience to assist you because Helping You is Our Business.

Click here for more information on Mark Grady.

What are the Advantages of a Family or Discretionary Trust? – Terry Robinson

TLRbwA discretionary trust is an extremely popular choice for all types of investments as it provides great flexibility to make income and capital distributions to various family members and their related entities.

The ability to split the trust income in the most tax advantageous way each year is clearly an attractive trait of a discretionary trust.

This feature is further enhanced by the fact that amounts derived by the trust effectively retain their character when distributed to the beneficiaries.

Consequently, this allows for non-assessable amounts for example pre-capital gains tax, amounts arising from the capital gains tax 50% general discount, the small business concessions et cetera, to be distributed tax effectively to the beneficiaries, which cannot be achieved via a company or unit trust structure.

Another desirable feature of a discretionary trust is its potential asset protection qualities. A discretionary trust with a corporate trustee has traditionally been regarded as an effective structure for asset protection purposes on the basis that the corporate trustee only acts in its capacity as trustee of the trust and trust creditors generally only have recourse against the corporate trustee’s assets and the assets of the trust.

Creditors generally have no claim against the trust beneficiaries’ assets.

Accordingly it is prudent to ensure the corporate trustee does not have any assets of significant value.

As no one beneficiary has direct ownership of the trust assets, this allows for flexibility in making distributions to various beneficiaries each year in order to achieve the best tax outcome.

This structure, which has no clear ownership entitlements, is also one of its main drawbacks where unrelated parties for example business partners, want to be in business together.

In those circumstances the use of a partnership of discretionary trusts or a unit trust, could be more appropriate.

At Everingham Solomons, we have the expertise to advise you because Helping You is Our Business.

Click here for more information on Terry Robinson

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

TJBEveringham 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 provides 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.

All Principals of 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 2018.

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 30 September 2017.

Click here for more information on Terry Broomfield.

Licence Appeal – Natasha Wood

NKW-booksThe Roads and Maritime Service (RMS) has the power to suspend driving licences in certain circumstances. If your licence is suspended by the RMS for speeding by more than 30 kilometres per hour, or loss of demerit points if you are a provisional licence holder, you can appeal the suspension to the Local Court.

The Court does not determine guilt or innocence at the appeal. It determines whether the suspension should be upheld or whether the appeal should be allowed. In making this decision the Court will take into consideration the following:

  1. the circumstances of the offence, for example where you were driving from and where you were going, how you came under notice, why you were speeding;
  2. your traffic record, for example how long you have been driving for and if you have committed any prior offences; and
  3. your need for a licence for example if you will lose your job if you lose your licence, or if a sick relative is reliant upon you to drive them to medical appointments, or no availability of public transport.

To support your application we recommend:

  1. obtaining a reference from your employer, or someone who has known you for a lengthy period, attesting your good character; and
  2. attending the Traffic Education Program conducted by the PCYC. This program is designed to increase participants’ awareness of their obligation as road users and the consequences of dangerous driving in the hope that it will reduce the rate of reoffending.

If you need advice and / or representation for a traffic matter, the solicitors at Everingham Solomons can assist you because Helping You is Our Business.

Click here for more information on Natasha Wood.

Pedal the Peel Cycling Challenge – 2nd April 2017 – Terry Robinson

TLRbwEveringham Solomons is proud to be one of the major sponsors and organisers of the Pedal the Peel Cycling Challenge to be held at Moore Creek Tennis Club, Moore Creek Rd, Tamworth on Sunday, 2 April 2017.

The event is unique to Tamworth because it caters for all levels of rider fitness and experience.

You can choose from a flat 16 km or 24 km course or the more challenging 55 km or 115 km hilly courses.

The event is designed to encourage all levels of riders (minimum age 12 years) to become involved, have a great fun day and help raise money for local charities.

It is unique because we don’t ask you to raise thousands of dollars sponsorship to ride in the Challenge.

You only need to pay your registration fee of $50 per rider or $100 for a group of 4 riders.

Included in the registration fee is a steak sandwich and drink which will be provided on return to the start/finish location at Moore Creek Tennis Club. There will also be live music at the start/finish site, so you can enjoy some socialising on your return.

It’s unique because it supports lesser known and less well-supported community organisations.

This year the event will support Youth Insearch which is a grass roots, early intervention program which works with at risk youth and focuses on resolving adolescent issues at peer level. This organisation has had tremendous results in assisting at risk youth change their lives.

We are also supporting the Banksia Acute Mental Health Unit at the Tamworth Base Hospital and other mental health charities in the Tamworth region.

We all know that mental health has become a huge issue and this is our way of helping address mental health in our region.

You know the event will be well-run and costs kept to an absolute minimum because it is an event organised by the Rotary Clubs of Tamworth First Light and the Rotary Club of Sunrise.

I encourage you to get a team together, challenge your friends and work mates…remember 4 riders only costs $100 and the money goes to deserving local charities. Let’s help make this event a fantastic success.

You can register online at www.pedalthepeel.org.au

Everingham Solomons Solicitors supporting our community.

Click here for more information on Terry Robinson

Freedom of Speech / Freedom of Post – Natasha Wood

NKW-booksContrary to popular belief freedom of speech and freedom of expression does not give you immunity to make unfounded or baseless accusations or allegations, or to vindicate, ridicule or threaten.

The prevalence of social media, its instantaneousness and reach makes it imperative that you consider the impact and effect of what you post online.

The several occasions in which the District Court has awarded damages for defamatory social media posts appears to have raised awareness of the civil remedies however, the criminal penalties and potential impact on ongoing court proceedings continue to be overlooked by a significant number of social media users. Making threatening or intimidating posts on social media does not protect you from prosecution simply because it was not done face to face. A comment that is threatening or intimidating in nature and incites fear in the person to whom it was directed, can result in charges, regardless of the method by which it was made.

People who are engaged in court proceedings often feel the need to post detrimental material or vent their frustrations. Whilst the recommended course of action is to refrain from doing so, if you must post, it is essential that you consider the impact that the post could have on your case should it be relied upon as evidence.

There can be serious ramifications so be astute in all forms of communication and think before you post, send or speak.

The Solicitors at Everingham Solomons have the knowledge and expertise to assist you with all court related matters because Helping You is Our Business.

Click here for more information on Natasha Wood.