When does a person have capacity?

Capacity is a fickle thing which Solicitors and other professionals are required to assess before a person can make certain decisions for themselves.
There are many factors which can affect ones decision making capacity; including a number of medical conditions, disability, age, and level of education.

Under Australian Law there is a presumption that an adult has their own decision making capacity.

In addition to this, there are some documents where a specific test for capacity is required. These documents usually require that a person specifically understand the nature and effect of the documents that they are signing.

Generally, this means that a person must be able to:

• Understand the facts and the choices involved with the decision;

• Weigh up the consequences and potential ramifications of the decision;

• Make a decision free from the influence of family and without coercion; and

• Communicate their decision clearly.… Read More

Sir Adrian Solomons Memorial Law Bursary

TJBEveringham Solomons are still accepting applications from Tamworth, Quirindi, Gunnedah or Manilla students for the Sir Adrian Solomons Memorial Law Bursary.

The Sir Adrian Solomons Memorial Law Bursary was first given in 1998.  It provides financial assistance for the successful applicant during their first year as well as an opportunity to gain valuable work experience in our offices periodically throughout the duration of their studies.

The Principals of local High Schools have been contacted and advised of the correct format for submitting applications.  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.… Read More

Are you in Year 12 at Tamworth, Quirindi, Gunnedah or Manilla?

TJBAre 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 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.… Read More

Introducing George Hoddle

GRHGreetings my name is George Hoddle, I am the most recent addition to the Everingham Solomons Dispute Resolution Team.

I originally grew up on a farm in the Gunnedah area and my wife is originally from Armidale so the move has felt in some ways a bit of a home coming. I have been impressed with the economic growth and opportunities this area is providing.

With two children under two and having gone from a two bedroom inner city apartment to being able to have a menagerie of chickens, cats and dogs my family is thriving in its new country environment.… Read More

Appealing a Driver’s Licence Suspension

CCThere are a few circumstances in which the Roads and Maritime Service (RMS), or Road Transport Authority as they used to be called, can decide to suspend your driver’s licence.

These are the types of suspensions in which you receive a letter from the RMS in the mail, not the type where your licence is confiscated by a police officer.

Sometimes the decision of the RMS may appear to you to be harsh however, there may be good grounds for you to apply to the court to overturn it and have your licence suspension lifted.

The relevant provisions differentiate between provisional drivers, or P-platers and full licence holders.… Read More

Criminal Sentencing

CCThe last number of months has seen the media filled with a number of high profile criminal cases which has in turn generated a great deal of media attention and public discussion about the court’s effectiveness in dealing with criminals.

In criminal matters the court has two essential tasks.  The first is concluding whether or not the defendant is guilty.  If he or she is so found to be, the second task is to decide what sentence is appropriate in all of the circumstances.

It often appears as though the court’s second task, the exercise of sentencing discretion, is the one that draws the most public attention. … Read More

Introducing Keiran Breckenridge

KXBbwHello, my name is Keiran Breckenridge. I started with Everingham Solomons about a month ago in the role of Special Counsel. Before joining Everingham Solomons, I worked for another firm in the region for two years and, before that, I worked in Sydney at a couple of mid-sized commercial law firms. My family and I made our ‘tree change’ over three and half years ago, and we are all very happy to live, work and learn in this beautiful part of the world.

I have been admitted as a solicitor for over 17 years now. My practice is mainly in the commercial / business law field with particular focus on commercial disputes and insolvency law and practice.… Read More

Quotes, Estimates and Enforceability

CCOften, if you consult a contractor to do any sort of work, you will be provided at the outset with either an estimate, or a quote.  The two are very different.

If you have been given and have accepted a quote, a contract is created.  The contractor can only charge the quoted amount for the work done.

If you have been provided with an estimate on the other hand, a contract is not created.  Two essential elements of a contract are that:

  1. the terms are certain; and
  2. there is an intention to create a legally binding relationship.

A quote fulfills both of the above elements, whilst an estimate fulfills neither.… Read More

Misleading and Deceptive Conduct

CCFederal legislation provides protection for people that are misled in business.  Section 18 of the Australian Consumer Law says that a person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.

The courts have spent much time in considering what sort of conduct is able to be categorised as misleading or deceptive or conduct likely to mislead or deceive.

Generally to be misleading there must be a statement made about a fact, and the statement must be false.  To make a statement of fact is to refer to an objective feature which is not reasonably disputable. … Read More

Women in Business Charity Trivia Afternoon

RHGI have my reindeer antlers ready and my santa suit on standby; I have been reading the encyclopedia and atlas every night to brush up on my general knowledge. I am gearing up for the Women in Business Charity Trivia Afternoon co-hosted by Eversols and Forsyths Accountants.

With Anna Moulder of ABC New England North West as our Quiz Whiz Master, we will be hosting a trivia afternoon with a Christmas twist in support of World Vision.

Teams of six will battle it out to be crowned Trivia Quiz Whiz champions.

For a bit of fun, we are asking attendees to get into the festive spirit by wearing some Christmas bling.… Read More