So, you are looking to find the perfect property. You have spoken to your bank and know the price range which works best for you. You have even remembered to factor stamp duty into your budget. For those who may have forgotten, stamp duty is a duty which is payable when you acquire property in NSW. For example, purchasing a property for $400,000 would incur stamp duty of $13,452. If you are a first home buyer, you may be eligible for an exemption from duty.
If you are acquiring property as a gift, stamp duty is still payable, unless an exemption applies. As there is no purchase price, stamp duty is calculated on the value of the property which must be evidenced by a Valuation.
A Valuation may also be needed for purchase transactions involving related parties. In such a situation, stamp duty would be calculated on the greater of the purchase price and the value of the property.
Upon stamping of the Contract and/or Transfer, Revenue NSW will require that you complete a Purchaser/Transferee Declaration. The purpose of the declaration is to report to the Australian Taxation Office on the transfer of land and to identify if you are a foreign person as Surcharge Purchaser Duty and Surcharge Land Tax may be applicable.
Supporting evidence must also be furnished to Revenue NSW. For instance, if you are acquiring land in your own name and are an Australian citizen, you will need to produce a certified copy of your full Birth Certificate (not extract), current Australian Passport or Australian Citizenship Certificate. If the name on any of your documents is not your current name i.e. you have since married, you will need to produce evidence of your change of name. Such evidence includes your Marriage Certificate issued by the Registry of Births Deaths and Marriages. The ceremonial certificate signed on your wedding day is not sufficient evidence.
To make the transition to home ownership as smooth as possible, contact the expert team at Everingham Solomons, where Helping You is Our Business.
Click here for more information on Jessica Wadwell
As Willie Nelson famously put it, being on the road is a source of freedom and enjoyment for many people. More than this though, having a licence is crucial for people in rural and regional areas, given the tyranny of distance and lack of public transport alternatives.
Despite the importance of a drivers licence, many people lose it for significant periods of time due to poor behaviour on the roads. Previous legislation in this area meant that any driver who committed three relevant offences within a five year period could be declared a Habitual Traffic Offender (HTO). The effect of HTO declaration was that the Roads and Maritime Services would impose a further five-year licence disqualification on top of any disqualification imposed by the court.
Although the HTO scheme has been abolished since 2017, under the Road Transport Amendment (Driver Licence Disqualification) Act 2017 (NSW), there are many people who still have years, if not decades of licence disqualification to serve under the old scheme.
All is not lost however, as applications can be made to the Court to quash old HTO declarations under clause 65 of schedule 4 of the Road Transport Act 2013 (NSW).
Such an application will be successful only if:
• a certified copy of the person’s driving record is provided to the Court;
• the offender has served the minimum disqualification period (two or four years depending on the offence);
• the offender has not been convicted of any further serious driving offences; and
• the magistrate determines that “the disqualification imposed by the declaration is a disproportionate and unjust consequence having regard to the total driving record of the person in the special circumstances of the case”.
If you require assistance in relation to licence disqualification or other traffic matters, our team of experienced solicitors at Everingham Solomons can assist you because Helping You is Our Business.
Bankruptcy is the legal process by which you are declared as not being able to meet your debts.
Once you are declared bankrupt a Trustee is appointed to manage and control your assets. Essentially the appointed Trustee is given the power to sell your assets as well as use any funds in your bank account(s) that are in excess of the threshold, to pay back money owed by you. Any assets that are sold or used by the Trustee makes up what is known as a bankrupt estate.
So what happens if you receive an inheritance prior to becoming bankrupt?
Much like any other funds in your bank at the time you declare or are declared bankrupt or any other asset of value, an inheritance will be used to pay back any debts you owe.
Essentially the same thing will happen if you receive an inheritance during the period of which you are bankrupt. Money or property received can be sold or used by the Trustee to pay off your debts.
So is there any way to protect an inheritance from being used to pay back your debts?
This question is difficult to answer.
You cannot simply write in a Will that you do not want the inheritance to go to the trustee of the bankrupt estate. Nor can you secretly give the bankrupt person their inheritance another way. It will be considered that you have defrauded the bankrupt estate and a claim can be made by the trustee to recover this inheritance.
However, with careful estate planning there are ways to protect an inheritance from being claimed by the bankrupt estate. A person can establish what is known as a discretionary testamentary trust. When assets are left to a trust, a trustee is appointed, which gives them the power to deal with property and assets. As the power lies with the trustee of the testamentary trust to deal with bequeathed assets, they are protected against a claim by a trustee of the bankrupt estate.
There can be many implications of creating a testamentary trust and it is not as simple as it may sound. You should seek legal advice as to the suitability of such a trust.
If you are considering bankruptcy or are concerned about a beneficiary becoming bankrupt, our experienced Solicitors can advise you because Helping You is Our Business.
In 2012 the NSW Government made significant changes to the workers compensation system. For injured workers who made workers compensation claims prior to 2012 their weekly payments ceased on 25 December 2017, if they had not been assessed at greater than 20% whole person impaired. If injured workers later went on to be assessed at greater than 20% whole person impaired the workers compensation insurer was not reimbursing payments to the injured worker for the period they went without receiving weekly payments of compensation.
However, new case law decided on 17 June 2020 has now overturned any misconception that weekly payments were not payable for the period that the weekly payments stopped up until the assessment of greater than 20% whole person impairment. The two cases are Hochbaum v RSM Building Services Pty Ltd (Hochbaum); Whitton v Technical and Further Education Commission t/as TAFE NSW [2020] NSWCA 113 (Whitton).
Previously it was thought that section 39(3) Workers Compensation Act 1987 provided that an assessment needed to be completed by an Approved Medical Specialist before the weekly payments would be payable and therefore the assessment did not act retrospectively. Following the decision in Hochbaum and Whitton the court has made it clear that subsection 3 only provides a mechanism for assessment and not a time frame. Additionally section 39(2) simply states the only threshold required for weekly payments to continue is for the worker to be assessed at greater than 20% whole person impairment and it does not matter when that assessment occurs.
If your weekly payments ceased on 25 December 2017 and there was a delay in receiving an assessment of greater than 20% whole person impairment, and your weekly payments were temporarily not paid, please contact our office because you may be entitled to reimbursement. We have two WIRO approved solicitors to assist you with your workers compensation claims because Helping You is Our Business.
Click here for more information on Libby Campbell.
So you have sold your house and moving to a new property, who do I need to notify?
First, you should contact Australia Post and complete the mail redirection form to have any mail redirected to your new address. This redirection can be for a period of 1, 3, 6 or 12 months. You also need to ensure everyone in the household will be covered under the redirection form.
Some government departments like Roads & Maritime Services and the Firearms Registry have requirements that you need to advise them within 14 days of your change of address.
The other organisations/businesses you need to advise of your change of address are:-
• Roads & Maritime Services for your driver’s licence, vehicle/trailer/caravan and boat registrations
• Firearms Registry
• Services Australia: – Centrelink, Medicare, Child Support Agency
• Department of Veterans’ Affairs
• Australian Taxation Office
• Electoral Commission
• Recreational Fishing Licence
• Bank/Credit Union/Financial Institution
• Insurance providers
• Company Share registries
• Tradesperson/professional licence i.e. plumber/builder and real estate agent/conveyancer
• Accountant/Financial Advisor
• Solicitor
• Superannuation Fund
• Childcare/School/Tertiary
• Utilities e.g. Electricity/Telephone/Water/Gas/Council rates
• Pet Registration
• Doctor/Dentist/Optomerists/Podiatrist/Physiotherapist/Chiropractor etc
• Private Health Insurance
• Pap Test registry
• DonateLife
• Magazine subscriptions
• E-toll provider
• Seniors Card
• Internet provider
• Pay TV/Netflix etc
• Loyalty/Reward cards
• Gym
• Family and friends
Most of the above organisations/businesses can be updated online or some you may need to physically attend and provide an identification document. Don’t forget that it is also essential that you contact the above organisation/businesses if you receive a new email address or mobile phone number.At Everingham Solomons we have the experience and expertise to assist you because Helping You is Our Business.
Click here for more information on Suzanne Hindmarsh.
After the terrifying incident which occurred in Victoria recently, there has been more talk about what you are required to do when you are involved in a car accident.
In NSW, under the Road Transport Act 2013 it is an offence if you are driving and you fail to stop and assist after being involved in an impact which has caused injury or death. This could be impact with another vehicle, a person, or any other object. It also applies if a person is thrown from a vehicle.
Penalties for this offence are significant, with first time offences facing 18 months imprisonment and a $3,300.00 fine.
You can be found guilty of this offence, even if the accident was not your fault.
So what assistance are you required to give in these circumstances?
Well this depends on you and your capacity to render assistance. The Legislation states that you are to give the assistance which is in your power to give. At a very minimum you should to do the following:
1. Call “000” for an Ambulance and the Police; and
2. Make the scene safe for everyone which includes things like turning off the ignition of any vehicles involved in the crash and
applying hand brakes.
So what are you required to do if no one is injured?
Well things become much simpler. If the Police do not attend the scene of the accident, you are required to report the accident to the police within 24 hours, if you had to be towed, or there was damage of any kind.
Lastly it is important to note that after any accident, if you are asked to provide your details by another driver, you must provide them with:
1. Your name, address and Licence details;
2. Your Registration details; and
3. The name and address of the owner of the Vehicle (if it is not yours).
It is important that you adhere to the road rules as there can be some harsh penalties if you get caught doing the wrong thing on our roads.
If you require assistance with fines, traffic offences, or motor vehicle claims for personal injury, Everingham Solomons have the experience and expertise to assist you because Helping You is Our Business.
I have recently joined Everingham Solomons working in the litigation team.
My professional qualifications include graduating with a Bachelor of Commerce, Bachelor of Laws and a Graduate Diploma in Education from the University of New England. I also hold a Graduate Diploma in Legal Practice through the College of Law. I have been admitted as a Solicitor to the Supreme Court of New South Wales and the High Court of Australia.
Previous to joining Everingham Solomons, I have worked in the finance and education sectors, as well as in other law firms.
Although I have only recently commenced working at Everingham Solomons, my connection to the firm is strong, having been the recipient of the inaugural Sir Adrian Solomons Memorial Law Bursary in 1998. In fact, my sister Laura, who is now also a solicitor, won the same bursary the following year – a “Daley Double” so to speak. Working at Everingham Solomons some twenty odd years after receiving the Bursary completes the circle. It is personally rewarding to work for Everingham Solomons given the support they provided me via the Law Bursary when I was a local high school and university student.
On a personal note, my interests include equestrian pursuits, particularly Australian Stock Horses and polocrosse as well as spending time with my family.
Tamworth is a great place to work and live. I am looking forward to providing excellent legal service as part of the Everingham Solomons team, because Helping You is our Business.
Land tax is levied by NSW Government on 31 December each year on all property you own that is above the land tax threshold.
Generally, you don’t pay land tax on your home, known as your principal place of residence or your farm, known as primary production land. There are further exemptions which cannot be dealt with in this article.
You pay tax based on the combined value of all taxable land you own, not on each individual property. If the combined value of your land does not exceed the threshold, no land tax is payable.
For 2020 tax year, the general threshold is $734,000.
Land tax is now able to be paid online. Property owners can easily register by visiting the land tax online portal and entering the Correspondence ID and Client ID found on their 2019 Notice of Assessment. If these details have not been received before, there is a pre-registration page on Revenue NSW website.
Once the online registration has been confirmed, property owners can opt-in to receive their future Notice of Assessment via email as well as:-
Lodge a return, request an exemption or make any changes to property details
View a summary of the assessment notice and account balance
Use the online calculator to estimate the amount of land tax liability
View or update contact details and foreign person status
Send documents to support an application, or in relation to a query
View an online service history summary
View land holdings and any exemptions
Track requests
If you have any questions on land tax or other legal issues, we have a team of experienced people who will be able to assist because Helping You is Our Business.
Click here for more information on Suzanne Hindmarsh.
The Wiggles are entertaining the kiddies, there is peace in the backseat and you just have to pop in to pay for petrol, surely its ok to leave the children for just a couple of minutes?
We hear stories of people leaving their children in the car all the time and some of the tragic consequences that can arise when they do. But is it an offence to leave the children in the car? Well, yes it certainly can be.
The Legislation that deals with these circumstances is the Children and Young Persons (Care and Protection) Act 1998 (NSW). Under this legislation, it is an offence for a person to leave a child or young person unsupervised in a motor vehicle in circumstances where:
• The child or young person becomes or is likely to become emotionally distressed, or
• The child’s or young person’s health becomes or is likely to become permanently or temporarily impaired.
Fines of up to $22,000.00 apply if you are found guilty of this offence.
Further, if a child is injured or endangered as a result of being left unsupervised in a motor vehicle, you can be charged under Criminal Law. These offences vary, but you may be charged with offences such as, abandonment of a child and causing grievous bodily harm. These offences are very serious and if convicted, you may face a lengthy term of imprisonment.
So think twice before popping to the shops or paying for that fuel, because little lives are in your hands and the consequences of this decision can be devastating.
Everingham Solomons have Solicitors with a wide range of knowledge of the Law, from traffic infringements to negligence, no matter your legal problem, we have the expertise to help because Helping You is Our Business.
As every new employee commences work their employer must provide them with certain documentation and the documentation from the Fair Work Commission has recently been updated. The Fair Work Commission publishes the Fair Work Information Statement, which is available online. This document must be provided to every new employee in Australia before they commence work or as soon as possible after they commence work.
For employees this document provides information about Australia’s employment laws and what governs them. It provides the minimum entitlements to workers known as the National Employment Standards or NES, and also lists the minimum wage for adult permanent and casual employees.
On 19 August 2019, the Full Federal Court handed down a decision in relation to the method of accruing and taking paid personal leave under the NES. This case is known as the Mondelez decision and confirmed that full time and part time employees are entitled to the same amount of paid personal/carer’s leave for each year of employment, being 10 days per year. The case is currently on appeal to the High Court but at the present time the Mondelez decision is law and the Fair Work Information Statement reflects the current law.
The Information Statement also details the requirements for ending employment, what notice period is required and what should be included in your final pay. If the employee believes the termination was unfair they have 21 days to file a claim in the Fair Work Commission.
For Employers, it is important you record when and how the Fair Work Information Statement was provided to all employees. If you require any assistance with employment law matters please contact our office because Helping You is Our Business.
Click here for more information on Libby Campbell.
So, you are looking to find the perfect property. You have spoken to your bank and know the price range which works best for you. You have even remembered to factor stamp duty into your budget. For those who may have forgotten, stamp duty is a duty which is payable when you acquire property in NSW. For example, purchasing a property for $400,000 would incur stamp duty of $13,452. If you are a first home buyer, you may be eligible for an exemption from duty.
As Willie Nelson famously put it, being on the road is a source of freedom and enjoyment for many people. More than this though, having a licence is crucial for people in rural and regional areas, given the tyranny of distance and lack of public transport alternatives.
Bankruptcy is the legal process by which you are declared as not being able to meet your debts.
In 2012 the NSW Government made significant changes to the workers compensation system. For injured workers who made workers compensation claims prior to 2012 their weekly payments ceased on 25 December 2017, if they had not been assessed at greater than 20% whole person impaired. If injured workers later went on to be assessed at greater than 20% whole person impaired the workers compensation insurer was not reimbursing payments to the injured worker for the period they went without receiving weekly payments of compensation.
So you have sold your house and moving to a new property, who do I need to notify?
As every new employee commences work their employer must provide them with certain documentation and the documentation from the Fair Work Commission has recently been updated. The Fair Work Commission publishes the Fair Work Information Statement, which is available online. This document must be provided to every new employee in Australia before they commence work or as soon as possible after they commence work.