by Sara Burnheim | Feb 25, 2012 | Uncategorised
In every family law property case there must be full and frank disclosure of all financial information.
The matter of disclosure and making informed decisions was raised in the recent case of Nyles & Nyles [2011] FamCA 565 whereby the husband sought to set aside Orders on the basis of the wife failing to disclose pertinent financial information.
The facts of the case were that the wife was a director and shareholder in a company which was possibly going to be placed on the public market. If this was to occur, the wife stood to receive significant financial gain. Despite this, the husband and wife entered into consent orders prior to the information relating to the public float being available.… Read More
by Terry Robinson | Feb 18, 2012 | Uncategorised
All those involved in the design of structures such as architects, engineers and building designers are now required to practice “safe design” under the new work health and safety laws.
The concept of “safe design” requires a designer to ensure, so far as is reasonably practicable that the plan, substance or structure is designed to be without risks to the health and safety of persons.
Designers will have a duty to provide a safety report and risk assessment to their clients for all design projects including residential housing.
A study in 2007 estimated that up to two thirds of the deaths in the construction industry was linked to poor design and planning.… Read More
by Terry Broomfield | Feb 11, 2012 | Uncategorised
We are pleased to announce that the 2011 bursary recipient is local student Nathan Whale. Nathan completed Year 12 at Farrer Memorial Agricultural High School in 2010 and then undertook a gap year. This is the third time a student from Farrer has been awarded the Bursary.
Nathan has enrolled in a Bachelor of Business Information Systems – Bachelor of Laws Degree at the University of Wollongong. We are very confident that he will prove to be an outstanding student and, ultimately, an exceptional asset to the legal community.
The continued interest shown in the Sir Adrian Solomons Memorial Bursary by Higher School Certificate students from our local schools has been extensive and the quality of the applicants every year has made the selection process very difficult indeed.… Read More
by Clint Coles | Jan 28, 2012 | Uncategorised
An Apprehended Violence Order (“AVO”) is an order of the court that restricts the behaviour of the person against whom the order is made.
A court has the power to make an AVO against someone, if the applicant or protected person has reasonable grounds to fear and in fact fears violence, intimidation or stalking.
All AVOs have a condition that the person against whom the order is made (“the defendant”) must not assault, molest, harass, threaten, stalk, intimidate or otherwise interfere with the protected person. In addition, the applicant can apply to the court for additional orders, such as those that restrict the defendant from approaching or going within a certain distance of the protected person.… Read More
by Sara Burnheim | Jan 21, 2012 | Uncategorised
There are instances whereby parents assist their children financially even when those children are grown up and have families of their own. Whether it be helping with mortgage payments, providing rent free accommodation, helping out with the groceries or an inheritance at the end, these may be significant from a Family Law perspective.
Parents usually don’t mind helping their children, but what happens when your child separates from their partner and they want to benefit from your generosity?
This was argued recently in the matter of Ross & Audley [2011]. The parties commenced cohabitation in 1986 and were married in 1987.… Read More
by Mark Johnson | Jan 7, 2012 | Uncategorised
There is a great deal of illegal downloading of copyright material via the internet worldwide. It has been going on for years. The copyright owners are in a terrific flap about it. They call it “theft”. There will be a great deal less of it, in Australia at least, if the copyright owners are successful in their appeal to the High Court in the case of Roadshow Films Pty Limited v iiNet Limited.
Films and other works the subject of copyright can be downloaded through unauthorised file sharing on the BIT Torrent system, the operation of which is pretty technical but the effect of which is that anyone with a computer and access to the internet can download and enjoy all manner of copyright protected works without paying a cent other than the subscription fee to the internet service provider.… Read More
by Clint Coles | Dec 24, 2011 | Uncategorised
With the festive season upon us it is important to be mindful of the laws relating to drink driving.
With 70 percent of drink drivers convicted in the local court having no previous criminal history, it seems clear that this is an offence which often catches law abiding people off guard.
It is important to remember that the limits of blood alcohol content (BAC) differ for different classes of driver.
The limit for Learner and Provisional drivers is zero. For drivers of public and heavy vehicles the BAC limit is 0.02. For ordinary licence holders the limit is 0.05.
Passengers acting as ‘supervisors’ to a learner driver can also be charged with exceeding the prescribed limit of alcohol content whilst acting as a supervisor. … Read More
by Terry Broomfield | Nov 19, 2011 | Uncategorised
Everingham 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
by Mark Johnson | Oct 22, 2011 | Uncategorised
There is a lot of it going around and it can have a lethal affect on one’s financial health.
The Australian Law Reform Commission defined “sexual transmitted debt” as:
“the transfer of responsibility for a debt incurred by a party to his/her partner in circumstances in which the fact of the relationship, as distinct from an appreciation of the reality of the responsibility of the debt, is the predominant factor in the partner accepting liability”.
Probably, the most common way of catching sexually transmitted debt is by signing a guarantee at the request of one’s partner without thinking about it or taking advice. … Read More
by Rebecca Greenland | Oct 15, 2011 | Uncategorised
I have my dress chosen, the high heels co-ordinated; I am wondering whether elbow-length gloves and some pearls would be the final additions to my outfit? I am getting frocked-up for the Women in Business Charity Movie Night co-hosted by Eversols and the National Australia Bank.
With the assistance of Forum 6 Cinema, we have secured a private screening of the classic “High Society”, starring the glamorous Grace Kelly, in support of Ovarian Cancer.
As the event will support Frocktober, we are asking attendees to wear a dress to the movie. For those more daring, 1950s Hollywood glamour will be the theme of the night.… Read More
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