by Terry Broomfield | Oct 19, 2013 | Uncategorised
The Directors and staff are delighted with their success at the recent New England and North West Business Chamber Awards having now become a State Finalist for Excellence in Business Ethics.
Whilst historically Everingham Solomons and its predecessors have delivered legal services in the New England and North West for in excess of 140 years it has strived to be the best. However the manner in which those services are delivered has always assumed paramount importance.
Since well before the inception of “specialisation” as sanctioned by the Law Society of New South Wales in the 1990’s, Everingham Solomons has embraced the need to specialise. … Read More
by Clint Coles | Aug 3, 2013 | Uncategorised
History has shown that disputes often arise over fences that divide separately owned properties.
A fence can be an asset that you share with people that you don’t know, don’t want to know, or didn’t know would be so unreasonable.
In a rural setting the cost of repairing fences is often significant. The cost of not repairing fences can sometimes be even greater.
Who owns the fence, who wrecked it, who should fix it, to what standard and at what cost are all common dispute issues.
Thankfully, there is a piece of legislation which answers most of the above questions and provides a mechanism to resolve fencing disputes.… Read More
by Terry Broomfield | Jul 20, 2013 | Uncategorised
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.
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.… Read More
by Clint Coles | Jun 15, 2013 | Uncategorised
The Home Building Act 1989 (‘the act’) is a set of laws designed specifically to help residential homeowners who have received sub-standard building work.
The act can help almost any homeowner from almost any form of bad building related work
The act provides protection to homeowners who have constructed a new home, including cases where the home was built with structural defects, with poor quality materials or in a way that departed from the building plans. However, the act is not limited to new buildings and also applies to renovations and home additions as well as any isolated specialist work, like plumbing, electrical work, tiling and cabinet or kitchen making. … Read More
by Clint Coles | Mar 23, 2013 | Uncategorised
In business deals, sometimes one party just won’t pay up.
As a creditor (person who is owed money) one option that is available is to pursue the debtor (person who owes the money) through the court system for payment.
Unfortunately however, sometimes debtors don’t respond to court proceedings. The issuing of a statement of claim, entering of judgment and enforcing of an order can be a long, and cumbersome exercise. The debtor gets to keep your money in his pocket for months while you jump through the hoops.
If, however, the party that owes you money is a corporation, there is another very, very effective alternative available to you.… Read More
by Mark Johnson | Feb 16, 2013 | Uncategorised
The law is that a person who causes the death of another by an illegal and dangerous act or by criminal negligence is guilty of manslaughter.
On 9 February 2007, David Hay died in Belmore, Sydney after taking methadone supplied to him by a woman called Natalie Burns. She or her husband or both may have helped him inject. A few hours before, Mr Hay had taken olanzapine and cannabis. Methadone is very dangerous when taken with other drugs. Mr Hay showed signs of an adverse reaction to the methadone shortly after taking it and Mrs Burns, rather than helping him in any way, told her husband to throw him out of her flat. … Read More
by Mark Johnson | Nov 10, 2012 | Uncategorised
No, not the winner of the 1985 Melbourne Cup but invasions of a person’s interest in the beneficial use and enjoyment of his land.
Nuisance is a branch of the law, which defines obligations of neighbourliness.
The nuisances with which farmers are probably most familiar are fire and noxious weeds.
The risk of fire at harvest time is well known to farmers. A fire that gets away during a harvest on wheat country can destroy hundreds of acres of crops. Losses can run to the hundreds of thousands of dollars. If the owner of the land where the fire started had not properly assessed the risk of the fire and taken reasonable steps to protect against it then he will be liable for the loss of his neighbour’s crops.… Read More
by Lesley McDonnell | Nov 3, 2012 | Uncategorised
With the summer months fast approaching, attention is once again turning to the use of backyard swimming pools. Following a series of inquests into swimming pool deaths, recommendations have been made to improve pool safety around swimming pools. Last month the Swimming Pools Amendment Bill 2012 was introduced into Parliament. The amendments sought to be made to current legislation are designed to address the high rate of non-compliance with swimming pool barriers. Possible changes to the current legislation centre around the requirement for private swimming pools to be registered, self certification of pools and an inspection program.
The proposed amendments will require pool owners to self-register their pool, free of charge, on a statewide online register. … Read More
by Clint Coles | Oct 27, 2012 | Uncategorised
Fiduciary relationships are common in day to day life and especially common in the world of business. However, they are the result of a legal principal that is not well understood.
If you are an employer, a partner in business, a company director, a beneficiary under a trust, or someone that engages a real estate, property, insurance, finance or any other kind of agent, chances are that you have the benefit of a fiduciary relationship, without even knowing it.
A fiduciary relationship is a bond between parties which is imposed by the law of equity. It does not require the parties to agree that such a relationship exists or for the parties to do anything at all.… Read More
by Sara Burnheim | Sep 15, 2012 | Uncategorised
The Family Court and the Federal Magistrates Court will be asked at times to make orders in relation to where a child should live and how much time they are to spend with the other parent. When these Courts make orders, the orders are based on the current circumstances that surround a child’s life. However, life is full of changes and sometimes, the orders that were previously made are not practical anymore.
What then will these Courts do if you want to change such orders?
The leading case on such matters is Rice v Asplund (1979) FCL 90-725 whereby Chief Justice Evatt said the Court “… should not lightly entertain an application … To do so would be to invite endless litigation for change is an ever present factor in human affairs … there must be evidence of a significant change in circumstances.”… Read More
