http://www.turnbullhill.com.au/ Mon, 25 Jun 2012 03:30:01 Turnbull Hill Lawyers Articles http://www.turnbullhill.com.au/articles/6-Things-You-Can-Do-To-Improve-Employee-Attendance.html http://www.turnbullhill.com.au/articles/6-Things-You-Can-Do-To-Improve-Employee-Attendance.html Employee Absenteeism - What can you do about it? Excessive absenteeism can be costly for business in terms of both replacement costs and lost productivity. If not managed properly, chronic offenders can also be a source of frustration for those employees who generally do the right thing. Below are 6 things that you can do to improve attendance in the workplace: 1. Make Employees Aware of Expectations Make sure employees... http://www.turnbullhill.com.au/articles/Meal-Breaks-for-Award-Employees.html http://www.turnbullhill.com.au/articles/Meal-Breaks-for-Award-Employees.html How long is a meal break for Award Employees? This article provides a brief update on the status of meal breaks while at work for Award employees. Under Work Choices there was a statutory entitlement to a 30 minute meal break.  No such entitlement exists under the Fair Work Act. However, most Modern Awards will provide for meal breaks (some paid, some unpaid). To determine the length of your meal break you really need... http://www.turnbullhill.com.au/articles/Property-Settlement:-How-to-Save-Money-on-Legal-Costs.html http://www.turnbullhill.com.au/articles/Property-Settlement:-How-to-Save-Money-on-Legal-Costs.html How can I save money on my Family Law Property Settlement? If you want legal advice about your entitlement from a property settlement, you can reduce your legal costs by compiling your own list of ASSETS & DEBTS before you see your lawyer... Not surprisingly, the first step in sorting out a property settlement is to get together an accurate list of assets and debts and their values... whether the asset is owned in joint... http://www.turnbullhill.com.au/articles/Workers-in-NSW-have-a-$481,950-reason-to-have-a-Will.html http://www.turnbullhill.com.au/articles/Workers-in-NSW-have-a-$481,950-reason-to-have-a-Will.html Why Should All Workers in NSW Have a Will? Over the last few years there have been major changes to the NSW Workers Compensation Laws which relate to workers who are killed at work. These changes make it even more crucial that every worker in NSW has a valid Will in place. Under the old Law, if a worker was killed at work, and they had financial dependants - ie a spouse or school aged children - those dependants would have shared... http://www.turnbullhill.com.au/articles/Mortgage-Sales---Lenders-Have-New-Duties.html http://www.turnbullhill.com.au/articles/Mortgage-Sales---Lenders-Have-New-Duties.html Mortgage Sales:  Lenders New Duties to Take Reasonable Care Lenders and their agents need to comply with new obligations to take reasonable care when the Lender is exercising its power of sale under a registered Mortgage. The new laws started on 1 November 2011 and require Lenders to take reasonable care when exercising their power of sale to ensure a property is sold for not less than its market value or for the best... http://www.turnbullhill.com.au/articles/Buying-Residential-Property-at-Auction.html http://www.turnbullhill.com.au/articles/Buying-Residential-Property-at-Auction.html Everything you need to know about buying a residential property at auction Auctions can be fun, frenetic and financially dangerous.  With several hundred thousand dollars on the line the tension on the day can be palpable.  The stakes are high for Vendors and Purchasers, so make sure you understand the process, because it is a battleground that takes no prisoners.  Real Estate Agents will take a property... http://www.turnbullhill.com.au/articles/Fair-Work-Australia-&-New-Changes-to-Modern-Award-Rates.html http://www.turnbullhill.com.au/articles/Fair-Work-Australia-&-New-Changes-to-Modern-Award-Rates.html How will the Annual Wage Review Decision affect me? Fair Work Australia recently handed has down its Annual Wage Review Decision for 2012. In summary, the decision from Fair Work Australia means that all Modern Award rates of pay are to be increased by 2.9%, with commensurate increases in hourly rates on the basis of a 38 hour week. The increase is to be effective from the first full pay period commencing on or after 1 July... http://www.turnbullhill.com.au/articles/Business-Contracts:-The-Devil-is-in-the-Details.html http://www.turnbullhill.com.au/articles/Business-Contracts:-The-Devil-is-in-the-Details.html Overlooking important "fine print" in business contracts can get you badly burnt by that "Devil in the detail" We’re all guilty of overlooking the fine print of legal documents, agreements and contracts on occasions, particularly when it comes to dealing with telecommunications, utilities and credit providers.  Our thinking is usually...I’ll just sign this because... http://www.turnbullhill.com.au/articles/GPS-Tracking-in-work-vehicles:-Make-sure-it's-legal!.html http://www.turnbullhill.com.au/articles/GPS-Tracking-in-work-vehicles:-Make-sure-it's-legal!.html Are you thinking about using GPS tracking devices? GPS vehicle tracking is becoming more common in the work place. Over the last few years the costs involved with installing GPS tracking devices in work vehicles has decreased, allowing small to medium business owners to begin tracking their fleet. However, while using GPS software to track the movements of employees may sound like a good idea, it is not without risk to the business... http://www.turnbullhill.com.au/articles/Sell-My-Business---Always-have-your-business-ready-for-sale!.html http://www.turnbullhill.com.au/articles/Sell-My-Business---Always-have-your-business-ready-for-sale!.html How do I sell my business? Probably all business owners have some sort of plan as to how they want to retire from "the business". For many business owners, the plan will involve selling the business or a share in it...and if all goes as expected there'll be plenty of time to make sure the business is ‘market ready’... in the same manner you would if you were selling your home. However,... http://www.turnbullhill.com.au/articles/If-I-pay-my-employees-above-award-rates,-do-I-still-have-to-pay-penalties-....html http://www.turnbullhill.com.au/articles/If-I-pay-my-employees-above-award-rates,-do-I-still-have-to-pay-penalties-....html If I pay my employees above-award rates, do I still have to pay penalties, allowances, loadings and overtime rates due to them under a modern award? Many employers pay above-award rates either to attract good quality employees or because the demand for labour outstrips supply. In addition to paying above-award rates, employers are then obligated to pay all of the other award monetary entitlements, the cost of which is inflated... http://www.turnbullhill.com.au/articles/Copyright-Law-in-Australia---9-Facts-You-Should-Know!.html http://www.turnbullhill.com.au/articles/Copyright-Law-in-Australia---9-Facts-You-Should-Know!.html Can I claim copyright? It’s possible that you or your business creates material over which you could claim copyright – for example, you may create a logo, newsletter, drawings or designs. If you do, then you are likely the owner of original copyright which affords you protection against others using or infringing that copyright in certain circumstances. We find that copyright is not that well understood and... http://www.turnbullhill.com.au/articles/Some-steps-you-can-take-to-assist-with-the-management-of-cash-flow-and-debt-collection.html http://www.turnbullhill.com.au/articles/Some-steps-you-can-take-to-assist-with-the-management-of-cash-flow-and-debt-collection.html Clients who take forever to pay their bills and treat you like a bank can be frustrating at the best of times. According to credit information company Dun & Bradstreet, it now takes an average 55.6 days to be paid – the slowest rate of payment in three years. Focusing on a healthy cash flow is essential for any successful business. Getting business debts under control is crucial for small to medium enterprises,... http://www.turnbullhill.com.au/articles/Can-I-Eliminate-Award-Coverage-If-I-Pay-My-Employees-Above-Award-Wages.html http://www.turnbullhill.com.au/articles/Can-I-Eliminate-Award-Coverage-If-I-Pay-My-Employees-Above-Award-Wages.html We often hear employers say “Joe Bloggs is not covered by any award because I pay him a salary well above the award minimum rates”. This is a common misconception amongst business owners which can lead to non-compliance with award terms and ultimately land you in hot water! Modern Award coverage is determined by referring to the “Coverage” clause contained within every modern award. Award... http://www.turnbullhill.com.au/articles/The-Pros-and-Cons-of-Electing-Trial.html http://www.turnbullhill.com.au/articles/The-Pros-and-Cons-of-Electing-Trial.html In the criminal jurisdictions of Australia and New Zealand (and some other Western criminal jurisdictions) prosecutions are commenced by the laying of an “information” in a first instance court, which may or may not be the court which ultimately determines the matter.  For example, in New South Wales (NSW), Australia, even charges for very serious offences which will be determined in the District Court or the... http://www.turnbullhill.com.au/articles/Safe-Work-Australia---Releases-New-Fact-Sheets.html http://www.turnbullhill.com.au/articles/Safe-Work-Australia---Releases-New-Fact-Sheets.html Which new fact sheets should I be aware of? Safe Work Australia has recently released fact sheets on emergency plans, falling objects and labour hire duties. These sheets are designed to assist “persons conducting a business or undertaking” (PCBUs) understand their duties under the new work health and safety laws. The new laws came into effect on the 1st January this year in the Commonwealth, New South Wales,... http://www.turnbullhill.com.au/articles/Social-Media-Policy-...Something-Old,-Something-New.html http://www.turnbullhill.com.au/articles/Social-Media-Policy-...Something-Old,-Something-New.html Is your Social Media Policy legal? While a typical definition of "social media" might refer to internet-based applications which facilitate the creation and exchange of user-generated content, arguably social media in a broader sense has existed for hundreds of years. For example, Dr. Martin Luther's letter of "95 theses" that he nailed to a church door in 1517 led to a flurry of... http://www.turnbullhill.com.au/articles/Contract-of-Sale:-Preserving-'Retention-of-Title'-Rights-Over-Products-Sold-On-Credit.html http://www.turnbullhill.com.au/articles/Contract-of-Sale:-Preserving-'Retention-of-Title'-Rights-Over-Products-Sold-On-Credit.html Many businesses supply goods on credit subject to 'retention of title' provisions in their sales agreements. This article discusses the effect of the Personal Property Securities Act 2009 registration system (effective 30 January 2012) on the enforceability of such provisions and the contract of sale. What is a 'retention of title' provision? In normal circumstances, title (more commonly referred to... http://www.turnbullhill.com.au/articles/Drug-and-Alcohol-Testing-in-the-Workplace.html http://www.turnbullhill.com.au/articles/Drug-and-Alcohol-Testing-in-the-Workplace.html Does drug and alcohol testing fall under OH&S initiatives? A recent decision by the Full Bench of Fair Work Australia has confirmed the importance of employer occupational health and safety initiatives in the workplace. This most recent case in the construction industry involved a subcontractor requiring its employees to comply with the random workplace drug and alcohol testing procedures imposed upon it by the principal... http://www.turnbullhill.com.au/articles/Personal-Property-Securities-Act-2009---6-Things-You-Should-Know!.html http://www.turnbullhill.com.au/articles/Personal-Property-Securities-Act-2009---6-Things-You-Should-Know!.html Are you ready for the Personal Property Securities Act 2009? The Personal Property Securities Act 2009 legislation for Australia introduces a single national system for registering security interests in relation to personal property.  The new regime is arguably the most significant change affecting businesses since the introduction of the GST in 2000. Here are 6 things you need to know about Personal Property Security and... http://www.turnbullhill.com.au/articles/Lump-sum-contributions-in-property-settlements....html http://www.turnbullhill.com.au/articles/Lump-sum-contributions-in-property-settlements....html It is often the case that in a marriage (or in a defacto relationship) one person makes a significant financial contribution by bringing substantial assets into the relationship or receiving assets during the relationship (eg an inheritance). If the parties separate what effect does this financial contribution have on the division of the property? The first thing to say is that an asset owned at the commencement of the... http://www.turnbullhill.com.au/articles/Changing-Parental-Responsibility-following-Final-Orders-in-the-Children's-Court....html http://www.turnbullhill.com.au/articles/Changing-Parental-Responsibility-following-Final-Orders-in-the-Children's-Court....html This article is mainly about s90(2A)(c) of the Children and Young Persons (Care and Protection) Act 1998 (NSW), which provides that before granting leave to vary or rescind a Care Order, the Children's Court must take into account the length of time for which the child or young person has been in the care of his or her present carer. In this context, a Care Order usually means a Final Order allocating parental responsibility,... http://www.turnbullhill.com.au/articles/How-duplication-on-the-internet-increases-your-legal-risk....html http://www.turnbullhill.com.au/articles/How-duplication-on-the-internet-increases-your-legal-risk....html Before the internet came along the copying of original works typically relied on human intervention.  A manuscript to be published would go through many hands before printed copies were available in book form.  The slow labour-intensive character of distribution systems meant that there were many opportunities to correct an error or withhold an item from public release.  The time involved in publishing also... http://www.turnbullhill.com.au/articles/Can-I-change-my-child's-surname-after-separation?.html http://www.turnbullhill.com.au/articles/Can-I-change-my-child's-surname-after-separation?.html In NSW if you and your former partner agree to change your child's name, all that is needed to make the change is to file an 'Application for a Change of Name' with the Registry of Births Deaths and Marriages. However what happens if you cannot agree on what name your child should have? There have been many cases before the Court commenced by parents who cannot agree on what surname their child should use.... http://www.turnbullhill.com.au/articles/Five-reasons-why-your-product-planning-needs-to-cover-legal-risks....html http://www.turnbullhill.com.au/articles/Five-reasons-why-your-product-planning-needs-to-cover-legal-risks....html In all the excitement of bringing a new product or service to the marketplace it is easy to overlook the related legal risks - which may, at the time, seem trivial or inconsequential. However, at every step of the way from the naming of your product or service to the delivery of it, 'hidden' legal risks can potentially cause you serious embarrassment, and in some cases might place your business itself at risk. Here... http://www.turnbullhill.com.au/articles/Parentified-Children...Neglect-or-Abuse?.html http://www.turnbullhill.com.au/articles/Parentified-Children...Neglect-or-Abuse?.html I have recently learned of a case in the Children's Court of New South Wales, where a father caring for his children on his own became reliant on the older of those children to carry out household tasks and care for younger siblings. Not only were the older children responsible for meal preparation and household cleaning, it also fell to them to ensure the younger children got to school and to take care of their father’s... http://www.turnbullhill.com.au/articles/Traffic-Laws-in-NSW:-3-Strikes-&-You're-Off-the-Road!.html http://www.turnbullhill.com.au/articles/Traffic-Laws-in-NSW:-3-Strikes-&-You're-Off-the-Road!.html When it comes to NSW driving laws, what does the term "habitual offender" mean?   If you have not ever been charged with a traffic offence in NSW, then the term "habitual offender declaration" is one you probably don’t need to know much about right now.  However, if you are facing your third (or greater) conviction for a serious traffic offence, you may be about to... http://www.turnbullhill.com.au/articles/Reminder:-the-Paid-Parental-Leave-scheme-has-started....html http://www.turnbullhill.com.au/articles/Reminder:-the-Paid-Parental-Leave-scheme-has-started....html This is just a quick reminder that since 1 July 2011, employers are responsible for providing parental leave pay to eligible employees who have, or adopt, a child. Centrelink will contact you if you're required to provide parental leave pay, and will provide you with the required funds before you need to make the payment. You will need to withhold the usual PAYG tax. However, you don’t have to pay superannuation on... http://www.turnbullhill.com.au/articles/What-Can-You-Do-If-Employees-Make-a-Workers'-Compensation-Claim-When-Being-Counselled....html http://www.turnbullhill.com.au/articles/What-Can-You-Do-If-Employees-Make-a-Workers'-Compensation-Claim-When-Being-Counselled....html What Can You Do If Employees Make a Workers' Compensation Claim When Being Counselled For Poor Work Performance? It is not uncommon for employees to lodge a workers’ compensation claim (usually associated with stress or anxiety) when they are warned for poor work performance or inappropriate conduct in the workplace, particularly if termination of employment is imminent. While such a tactic may delay the... http://www.turnbullhill.com.au/articles/Patent-Law:-Can-my-invention-be-Patented?.html http://www.turnbullhill.com.au/articles/Patent-Law:-Can-my-invention-be-Patented?.html Can I patent my invention? Whether your new product or other invention came about from a sudden flash of inspiration, or was the culmination of many years of sweat and tears, you may be anxious to protect this intellectual property you have created, and discourage others from stealing it. Apart from new products, patents may also protect intellectual property rights in relation to new manufacturing processes, testing processes, and... http://www.turnbullhill.com.au/articles/Do-you-know-the-difference-between-a-Power-of-Attorney-&-an-Enduring-Guardian?.html http://www.turnbullhill.com.au/articles/Do-you-know-the-difference-between-a-Power-of-Attorney-&-an-Enduring-Guardian?.html What is the difference between Power of Attorney and an Enduring Guardian? POWER OF ATTORNEY What is a Power of Attorney? A Power of Attorney enables you to appoint a person (or people) to be your “attorney”. What can my Attorney do? Your attorney can manage your assets for you and can do anything on your behalf that you can lawfully do yourself, which could include paying bills from your bank... http://www.turnbullhill.com.au/articles/A-Child's-Attachment-to-Temporary-Carers...a-Legal-Conundrum.html http://www.turnbullhill.com.au/articles/A-Child's-Attachment-to-Temporary-Carers...a-Legal-Conundrum.html Allegations of a child having been neglected or abused, may lead to that child residing with temporary carers while investigations and court proceedings run their course. Particularly in the case of a young child, a lengthy period of such temporary care will almost inevitably lead to "attachment" between child and carer. However, such attachment becomes problematic if, as is frequently the case, it is later argued... http://www.turnbullhill.com.au/articles/Will-the-Family-Court-Order-that-a-child-must-be-immunised?.html http://www.turnbullhill.com.au/articles/Will-the-Family-Court-Order-that-a-child-must-be-immunised?.html Immunisation of a child is an issue relevant to Parental Responsibility under the Family Law Act and the Family Court therefore has the power to make Orders that a child be immunised. An application may be filed with the Family Court when parents cannot agree about whether immunisation should occur. When deciding upon such an issue the paramount consideration will be what is in the best interest of a child. Specialised expert... http://www.turnbullhill.com.au/articles/Employees-are-entitled-to-change-their-leave-from-annual-to-sick-leave....html http://www.turnbullhill.com.au/articles/Employees-are-entitled-to-change-their-leave-from-annual-to-sick-leave....html One such issue that you may not be aware of is that if one of your employee’s becomes ill while on annual leave, they’re entitled to change their leave from annual to sick leave - this is provided for in the Fair Work Act. Of course the employee has to provide evidence that would satisfy a reasonable person that they were unfit for work during the relevant period. For example, this evidence may be provided by way of a... http://www.turnbullhill.com.au/articles/The-role-of-Family-Reports-in-Family-Law-matters....html http://www.turnbullhill.com.au/articles/The-role-of-Family-Reports-in-Family-Law-matters....html When parents are before a Court seeking Orders regarding arrangements for their children the Judge will often Order a Family Report. Family Reports are written by Family Consultants who are trained psychologists and/or social workers who specialise in child and family issues after separation and divorce. The report is an important document that will be relied upon as evidence. It will recommend what will best meet the needs of the... http://www.turnbullhill.com.au/articles/What-happens-to-real-property-upon-death,-when-it-is-owned-with-another-person?.html http://www.turnbullhill.com.au/articles/What-happens-to-real-property-upon-death,-when-it-is-owned-with-another-person?.html Real property can be, for example, a house, land or commercial premises.  For the purposes of this article let's call real property, "property". There are two ways you can hold property with another person, ie. Joint Tenants or Tenants in Common.  How you are described on the Title Deed with that other person will determine what happens to the property upon your death. If you are... http://www.turnbullhill.com.au/articles/Newcastle-Show-Holiday-2011.html http://www.turnbullhill.com.au/articles/Newcastle-Show-Holiday-2011.html Newcastle Show Holiday is Friday 18 March 2011 Are my employees entitled to Newcastle Show Holiday? Two significant events occurred during December 2009 and January 2010, which further changed the industrial landscape for NSW employers. In December 2009, the NSW Parliament referred its industrial powers to the Federal Parliament – meaning that all private sector NSW employers and employees previously covered by the... http://www.turnbullhill.com.au/articles/Complimentary-briefing-on-your-obligations-under-the-Fair-Work-Act.html http://www.turnbullhill.com.au/articles/Complimentary-briefing-on-your-obligations-under-the-Fair-Work-Act.html ... or other workplace issues It's now just over 12 months since the Fair Work Act came into full effect, including the application of Modern Awards and the National Employment Standards across most workplaces.  Additionally, there have been further changes which took effect from 1 January 2011 eg.  Paid Parental Leave. We're finding that quite a few employers are still not fully aware of their... http://www.turnbullhill.com.au/articles/Sole-Traders,-Partnerships-&-Non-Trading-Corporations-in-NSW-are-now-covered-by-modern-awards.html http://www.turnbullhill.com.au/articles/Sole-Traders,-Partnerships-&-Non-Trading-Corporations-in-NSW-are-now-covered-by-modern-awards.html You're probably aware that from 1 January 2010 most NSW employers and employees became covered by the federal modern awards. However, those employers who operated as unincorporated entities (including sole traders and partnerships) and other non trading corporations which were covered by a NSW award as at 31 December 2009, did not become covered by the federal modern awards but continued to be covered by those NSW awards until 31... http://www.turnbullhill.com.au/articles/Indemnity:-Signing-Away-Your-Rights!.html http://www.turnbullhill.com.au/articles/Indemnity:-Signing-Away-Your-Rights!.html Do you know what it means to provide an Indemnity? Have you ever been asked to sign a “Deed of Release” or a “Waiver Deed” and wondered what it really means? We see these types of documents come across our desks every day. We are familiar with their content and the risks that lay within these documents for the unwary. These types of documents are a necessary part of life. Without them,... http://www.turnbullhill.com.au/articles/Do-you-know-the-affect-of-divorce-or-marriage-on-your-Will....html http://www.turnbullhill.com.au/articles/Do-you-know-the-affect-of-divorce-or-marriage-on-your-Will....html ...Power of Attorney and Appointment of Enduring Guardian documents? Your Will and divorce Divorce revokes any benefit to your former spouse and also the appointment of your former spouse as your executor, trustee or guardian. Divorce does not, however, revoke an appointment of your former spouse as trustee of property left on trust for the children of you and your former spouse. Your Will and marriage Unless your... http://www.turnbullhill.com.au/articles/Preventing-the-preventable-and-preserving-your-insurance-cover.html http://www.turnbullhill.com.au/articles/Preventing-the-preventable-and-preserving-your-insurance-cover.html Periodically I write stories in our newsletter about real life commercial disasters which are so easily preventable but which have a habit of recurring with such frustratingly monotonous regularity that I feel compelled to warn readers in the hope that you may benefit from the mistakes of others. This is such a story. Suppose, for a moment, that you are a builder, plumber, electrician or other tradesperson who regularly does... http://www.turnbullhill.com.au/articles/Insolvency-Statistics.html http://www.turnbullhill.com.au/articles/Insolvency-Statistics.html In December 2010, I published an article concerning the Profiles of Debtors. The Insolvency and Trustee Service Australia (ITSA) published its report Profiles of Debtors in 2009 which provides useful statistics and information on Australian debtors. ASIC has provided a similar report Insolvency Statistics: External Administrators Reports 1 July 2007 – 30 June 2010. The main findings of this report are summarised below. ... http://www.turnbullhill.com.au/articles/Back-to-basics-for-insurers-in-Australia-'general-rules-of-construction'-apply.html http://www.turnbullhill.com.au/articles/Back-to-basics-for-insurers-in-Australia-'general-rules-of-construction'-apply.html In November 2010, the High Court of Australia issued it's decision in Selected Seeds Pty Ltd v QBEMM Pty Ltd. QBEMM, Selected Seeds' insurer, had earlier declined to pay for property damage which arose from contaminated seed. However, the High Court sided with the appellant, rejecting QBEMM's argument that the property damage arose from failure of the seed to fulfil its use or function, an excluded risk. The... http://www.turnbullhill.com.au/articles/Directors'-responsibilities-for-payment-of-company-tax.html http://www.turnbullhill.com.au/articles/Directors'-responsibilities-for-payment-of-company-tax.html In recent times there has been a view among company directors that, in times of financial distress, payment of company tax can safely be deferred until after other creditors have been paid. Priority of attention is sometimes given to payment of trade creditors, particularly those to whom directors' personal guarantees have been given. The rationale for this view is, firstly, to ensure a continuing line of credit with suppliers for... http://www.turnbullhill.com.au/articles/Paid-Parental-Leave...don't-forget-to-register!.html http://www.turnbullhill.com.au/articles/Paid-Parental-Leave...don't-forget-to-register!.html The Paid Parental Leave scheme started on 1 January 2011. The employer’s role in providing Parental Leave Pay will be voluntary until 30 June 2011. This means employers have time to make any necessary adjustments to the payroll system. From 1 July 2011, employers will be responsible for providing Parental Leave Pay to their eligible employees who have or adopt a child from 1 July 2011, and have worked in the business for 12... http://www.turnbullhill.com.au/articles/New-Laws-to-secure-debts-due-to-you---are-you-ready?.html http://www.turnbullhill.com.au/articles/New-Laws-to-secure-debts-due-to-you---are-you-ready?.html As a business owner it may be that you extend credit to your customers either with or without taking some kind of security such as a personal guarantee or by reserving ownership of goods through retention of title provisions in your terms of trade. In either case, and in many others, your credit management system will shortly need to receive your serious attention. In May 2011, the Commonwealth Personal Property Securities Act, 2009,... http://www.turnbullhill.com.au/articles/If-you've-been-injured-in-a-car-accident-in-NSW-caused-by-the-fault-of-another-driver....html http://www.turnbullhill.com.au/articles/If-you've-been-injured-in-a-car-accident-in-NSW-caused-by-the-fault-of-another-driver....html Information Disclaimer: Due to advertising restrictions in New South Wales we are only allowed to display information to clients. If you agree you are a client, or reside outside New South Wales, you may view this section. If you are not a client, please press the "Back" button on your browser. If you’ve been injured in a car accident in New South Wales caused by the fault of another driver, you... http://www.turnbullhill.com.au/articles/If-you've-been-injured-in-NSW-as-a-result-of-a-criminal-act-of-violence....html http://www.turnbullhill.com.au/articles/If-you've-been-injured-in-NSW-as-a-result-of-a-criminal-act-of-violence....html Information Disclaimer: Due to advertising restrictions in New South Wales we are only allowed to display information to clients.  If you agree you are a client, or reside outside New South Wales, you may view this section.  If you are not a client, please press the "Back" button on your browser. If you've been injured in NSW as a result of a criminal act of violence, including sexual... http://www.turnbullhill.com.au/articles/If-you've-suffered-an-injury-as-a-result-of-being-wrongly-treated-in-a-NSW-hospital....html http://www.turnbullhill.com.au/articles/If-you've-suffered-an-injury-as-a-result-of-being-wrongly-treated-in-a-NSW-hospital....html Information Disclaimer: Due to advertising restrictions in New South Wales we are only allowed to display information to clients.  If you agree you are a client, or reside outside New South Wales, you may view this section.  If you are not a client, please press the "Back" button on your browser.   If you’ve been treated in a NSW hospital and the level of treatment you... http://www.turnbullhill.com.au/articles/Profile-of-Debtors.html http://www.turnbullhill.com.au/articles/Profile-of-Debtors.html The Insolvency and Trustee Service Australia (ITSA) has recently published its report Profiles of Debtors in 2009. This report provides some useful information about the profile of people who were not able to pay their debts and became bankrupt in 2009. Although the findings may not be repeated in 2011, the chances are the profile of the 2011 debtors will be similar. Accordingly, if you are in business and you provide credit, you... http://www.turnbullhill.com.au/articles/Intervening-in-a-Child's-life---Starting-a-Proceeding-in-the-NSW-Children's-Court.html http://www.turnbullhill.com.au/articles/Intervening-in-a-Child's-life---Starting-a-Proceeding-in-the-NSW-Children's-Court.html Under the Children and Young Persons (Care and Protection) Act 1998 (NSW), the Director-General of the Department of Human Services is required to provide services and facilities relevant to the welfare of children and young persons. This will often, in specific cases, include taking action to intervene where a child is considered to be at risk of "significant harm", or "in need of care and... http://www.turnbullhill.com.au/articles/Renovating-your-home-unit-contrary-to-the-Strata-By-Laws-can-be-costly....html http://www.turnbullhill.com.au/articles/Renovating-your-home-unit-contrary-to-the-Strata-By-Laws-can-be-costly....html Before you start ripping up the carpets in your home unit, it pays to consult your Strata By-Laws, your Strata Manager and your neighbours. What is yours to change is everything inside your unit that won’t impact upon the neighbours. Walls You may change the appearance of your walls if they cannot be seen from the street; changing the structure of your walls or anything that might impact upon insulation requires that... http://www.turnbullhill.com.au/articles/Don't-let-your-customer's-Purchase-Order-set-your-terms-of-trade....html http://www.turnbullhill.com.au/articles/Don't-let-your-customer's-Purchase-Order-set-your-terms-of-trade....html If you supply goods and services based on receipt of a written Purchase Order, make sure you understand and are comfortable with agreeing to the terms of the Purchase Order. The Purchase Order can set out the terms of your supply if you let it - and the chances are the terms will be to the advantage of your customer, not you. This is a very basic example, but let's assume a customer of yours provides you with a written... http://www.turnbullhill.com.au/articles/A-caveatable-interest-can-be-created-by-an-Agreement-containing-the-property-owner's-consent.html http://www.turnbullhill.com.au/articles/A-caveatable-interest-can-be-created-by-an-Agreement-containing-the-property-owner's-consent.html There has been a recent decision in the Supreme Court of New South Wales in Bellissimo v. JCL Investments Pty Limited [2009] NWSC 1260 (2 November 2009) which examined the extent to which a consent, given in a document,  to lodgement of a Caveat establishes a caveatable interest of the Caveator (that is, the person claiming an interest in another's property). In the decision it was acknowledged that historically there... http://www.turnbullhill.com.au/articles/Commercial-Leases---get-them-in-writing.html http://www.turnbullhill.com.au/articles/Commercial-Leases---get-them-in-writing.html I recently spoke to a client who is the owner of a commercial warehouse that he had leased out to a tenant some time ago. The tenant was in substantial arrears of rent and outgoings (electricity, water, council rates, insurance, etc). Our client wanted to put in place a written Lease Agreement - unfortunately, at the time of leasing the premises to the tenant, our client failed to put in place a formal written lease agreement. Not... http://www.turnbullhill.com.au/articles/Supply-Contracts-and-Terms-of-Trade.html http://www.turnbullhill.com.au/articles/Supply-Contracts-and-Terms-of-Trade.html Supply Contracts & Agreements Many businesses categorise themselves as suppliers – suppliers of raw products, finished goods or even services.  Fewer businesses categorise themselves as receivers of goods or services. It follows that a large proportion of businesses pay attention (in varying degrees) to their supply terms, whether they are “standard” terms of trade documents which are... http://www.turnbullhill.com.au/articles/Clubs/Organisations-may-not-be-liable-for-Back-Rates-levied-by-Councils.html http://www.turnbullhill.com.au/articles/Clubs/Organisations-may-not-be-liable-for-Back-Rates-levied-by-Councils.html If you’re a member of a community or recreational organisation (a not for profit or otherwise) or if you know someone who is, and that organisation occupies land leased from the Crown, this will be of interest. Recently we were instructed to act for such an organisation. The organisation has received a notice from a local council notifying it that the Council has levied rates in respect of the previous ten years! ... http://www.turnbullhill.com.au/articles/Are-you-considering-buying-a-franchise-or-franchising-your-business.html http://www.turnbullhill.com.au/articles/Are-you-considering-buying-a-franchise-or-franchising-your-business.html Buying a franchise or franchising your business is a major business decision and, although it is a rapidly expanding means of doing business in Australia, franchising is not a guarantee of success. The commitment in capital and borrowing is often significant and there are many important considerations that should not be overlooked.   Successful franchising combines the skills and experience of the franchisor, the... http://www.turnbullhill.com.au/articles/Having-a-Will-which-saves-tax.html http://www.turnbullhill.com.au/articles/Having-a-Will-which-saves-tax.html Most people are aware of the importance of having an up-to-date Will which expresses their current wishes in relation to who gets what when they die.   In many cases, you can save your beneficiaries a lot of money by having a Will which is tax effective. These types of Wills normally cost more than a “regular” Will because they contain detailed provisions which create a Trust called a... http://www.turnbullhill.com.au/articles/Points-to-consider-when-selling-your-business.html http://www.turnbullhill.com.au/articles/Points-to-consider-when-selling-your-business.html 1. See your advisors early Many vendors leave their run far too late when it comes to involving their professional advisors in the sale process.   Your lawyer can assist in providing initial structure advice, preparing a good confidentiality deed prior to negotiating with potential purchasers and providing guidance during the negotiation period on issues such as employment, contract transfers, lease issues, tax law and... http://www.turnbullhill.com.au/articles/Selling-a-business...the-bottom-line.html http://www.turnbullhill.com.au/articles/Selling-a-business...the-bottom-line.html Reflecting on recent matters where Turnbull Hill Lawyers have acted on the sale of businesses, we’ve noticed that many business owners place their business on the market, and even accept offers to purchase the business, without giving enough thought to some important factors which can seriously affect the funds they receive.   When calculating a sale price or later negotiating with purchasers, vendors of course... http://www.turnbullhill.com.au/articles/If-you're-involved-in-a-dispute-about-building-work,-the-CTTT-can-provide-ways-of-resolving-disputes.html http://www.turnbullhill.com.au/articles/If-you're-involved-in-a-dispute-about-building-work,-the-CTTT-can-provide-ways-of-resolving-disputes.html Are you building or renovating your own home? Are you a builder or tradesperson who is renovating or building someone else’s home? Has a dispute arisen between the parties? If so, the following may be of interest to you. Home building disputes are very common…we regularly act for people embroiled in such disputes. These disputes often arise where there is a misunderstanding about the scope of work to be... http://www.turnbullhill.com.au/articles/You-may-want-to-remind-your-staff-about-what-is-acceptable-behaviour-at-the-Christmas-Party....html http://www.turnbullhill.com.au/articles/You-may-want-to-remind-your-staff-about-what-is-acceptable-behaviour-at-the-Christmas-Party....html DRAFT EMAIL TEMPLATE FOR EMPLOYERS STAFF CHRISTMAS PARTY EMAIL This draft email was written for employers wanting to remind staff about what is acceptable behaviour. *** DRAFT EMAIL - IMPORTANT MESSAGE – EVERYONE MUST READ Hi everyone, As you are aware the Christmas Party is being held at (insert venue) tonight from (insert commencement time). This is a time for us to celebrate the festive season... http://www.turnbullhill.com.au/articles/If-you-do-not-nominate-a-beneficiary-to-receive-the-proceeds-of-your-life-insurance....html http://www.turnbullhill.com.au/articles/If-you-do-not-nominate-a-beneficiary-to-receive-the-proceeds-of-your-life-insurance....html then it will be distributed in accordance with the terms of your Will. You may not be aware of this but the proceeds of your life insurance policy will not be distributed in accordance with the terms of your Will if you have nominated a beneficiary of the life insurance policy. When you take out a Life Insurance Policy you can usually nominate who you wish to receive the proceeds of the policy upon your death…that... http://www.turnbullhill.com.au/articles/Parents-of-disabled-children-can-NOW-put-in-place-PROTECTIVE-TRUSTS....html http://www.turnbullhill.com.au/articles/Parents-of-disabled-children-can-NOW-put-in-place-PROTECTIVE-TRUSTS....html to be used to fund their child's needs when the parents die... Some good, helpful information...it may be of interest to you or someone you know... More and more often our advice is being sought by the parents of disabled children, concerned to put in place a mechanism to fund the needs of their child, once the parents die. This email looks at this predicament... The example of Bonnie set out below, is typical... ... http://www.turnbullhill.com.au/articles/When-is-a-DeFacto-Relationship-Not-a-Relationship.html http://www.turnbullhill.com.au/articles/When-is-a-DeFacto-Relationship-Not-a-Relationship.html The end of a de facto relationship may lead to property being divided between the parties to that relationship, so it is important to know what a de facto relationship is and how to establish whether it exists in a particular situation. Even if a person is married, a relationship that he or she has with another person, other than the one they are married to, might later be found to be a de facto relationship. It is usually easy to... http://www.turnbullhill.com.au/articles/Information-for-employers---paid-Parental-Scheme-which-will-commence-at-the-beginning-of-next-year.html http://www.turnbullhill.com.au/articles/Information-for-employers---paid-Parental-Scheme-which-will-commence-at-the-beginning-of-next-year.html The Federal Government has announced a paid parental leave scheme (“the Scheme”) which is to commence on 1 January 2011. If you have any employees who become eligible for paid parental leave, your business will not have to fund the Scheme. It is to be fully funded by the Federal Government. However, payments made to your employees pursuant to the scheme will generally be made by your business in the usual way. ... http://www.turnbullhill.com.au/articles/Summary---Parental-Leave-Pay-under-the-new-Paid-Parental-Leave-Scheme.html http://www.turnbullhill.com.au/articles/Summary---Parental-Leave-Pay-under-the-new-Paid-Parental-Leave-Scheme.html The entitlement to Parental Leave Pay is up to 18 weeks paid leave at the national minimum wage (presently $569.90 per week) and subject to the eligibility criteria will be payable no matter whether the employee is a full time, part time or casual employee. To be eligible your employee must be the child's primary care giver and must: 1. be in paid work and have: a. been engaged in work continuously for at least 10 of... http://www.turnbullhill.com.au/articles/You-can-now-register-your-defacto-relationship-with-the-Office-of-Births,-Deaths-&-Marriages....html http://www.turnbullhill.com.au/articles/You-can-now-register-your-defacto-relationship-with-the-Office-of-Births,-Deaths-&-Marriages....html Parliament has recently passed a Bill that allows couples in a de facto relationship the ability to register the relationship. This gives legal recognition to the relationship, regardless of the sex of the persons in that relationship. A person can now be considered a de facto partner of another person if the person is in a registered relationship, whether or not the other criteria for identifying a de facto relationship are met. Any... http://www.turnbullhill.com.au/articles/Partnership-&-shareholder-agreements-should-help-business-owners-&-their-families-avoid-arguments....html http://www.turnbullhill.com.au/articles/Partnership-&-shareholder-agreements-should-help-business-owners-&-their-families-avoid-arguments....html Bill and Nell had farmed a large rural property for 50 years. The farm was registered in Bill’s name as he inherited the farm from his Uncle. He married Nell and they had been together for 45 years. Bill and Nell had 2 children, Peter and John. Both boys worked with Bill on the farm. Bill, Nell, Peter and John traded as a partnership. The partnership expanded its activities and purchased and sold rural properties as the... http://www.turnbullhill.com.au/articles/If-you-want-to-get-paid-for-your-work-or-products,-you-need-to-know-exactly-who-your-customers-are.html http://www.turnbullhill.com.au/articles/If-you-want-to-get-paid-for-your-work-or-products,-you-need-to-know-exactly-who-your-customers-are.html Recently we were involved in a situation where our client was owed hundreds of thousands of dollars for work done, but it turned out that it had not properly identified who its customer was.   When the work was arranged the assumption had been made that the customer was the person our client's employee had spoken to arrange the work, but on the evidence available at a preliminary hearing, this proved not to be the... http://www.turnbullhill.com.au/articles/Transitional-Provisions-in-Modern-Awards-("Phasing"-Penalty-Rates).html http://www.turnbullhill.com.au/articles/Transitional-Provisions-in-Modern-Awards-("Phasing"-Penalty-Rates).html This article should be read in conjunction with my previous article “Transitional Provisions in Modern Awards” written on 1 July 2010. This article focuses on how to phase in (and possibly phase out) penalty/loading rates under the transitional provisions that are included in most modern awards. The model transitional provisions that are included in most modern awards provide for the phasing in of penalty... http://www.turnbullhill.com.au/articles/Don't-become-the-victim-of-an-insurer-"Doctor-Shopping".html http://www.turnbullhill.com.au/articles/Don't-become-the-victim-of-an-insurer-"Doctor-Shopping".html If you're involved in a motor vehicle accident or injured at work and make a claim, expect the insurance company to require you to see one of their doctors for examination. This of itself is not a problem...in fact it is quite reasonable for the insurer to have you examined by one of its doctors before it agrees to pay your claim. What is unreasonable is when the insurance company doesn't like its doctors'... http://www.turnbullhill.com.au/articles/Are-you-considering-entering-into-a-new-relationship-and-have-some-concerns-about-your-finances?.html http://www.turnbullhill.com.au/articles/Are-you-considering-entering-into-a-new-relationship-and-have-some-concerns-about-your-finances?.html If so, a Binding Financial Agreement can be the solution you are looking for... After the initial stage of a new relationship, our heads start to rule our hearts. Anyone entering a new relationship may have some concerns about their financial vulnerability. Can I pursue a personal relationship without exposing my personal assets? Many of us are concerned about the challenges of intermingling our finances with new relationships.... http://www.turnbullhill.com.au/articles/What-are-an-Executor's-Duties?.html http://www.turnbullhill.com.au/articles/What-are-an-Executor's-Duties?.html An Executor is the person appointed under the terms of a Will to ensure that a deceased person’s wishes are carried out in accordance with their Will. An executor’s duties include: making funeral arrangements; identifying the deceased’s assets and ensuring their security; identifying any debts including any tax payable; making an application for a grant of Probate with the Supreme Court, if required;... http://www.turnbullhill.com.au/articles/Transitional-Provisions-in-Modern-Awards.html http://www.turnbullhill.com.au/articles/Transitional-Provisions-in-Modern-Awards.html From 1 July 2010, transitional provisions that are contained within most Modern Awards commence for most national system employers and employees. However, if you have only just become a national system employer from 1 January 2010 as a result of the NSW government handing back its industrial relations powers to the Commonwealth, then you will remain subject to the relevant pre-modern (state) award (now known as a “Division 2B... http://www.turnbullhill.com.au/articles/Importance-of-giving-your-Attorney-a-copy-of-your-Will....html http://www.turnbullhill.com.au/articles/Importance-of-giving-your-Attorney-a-copy-of-your-Will....html Powers of Attorney are an important and frequently used document…particularly to facilitate the sale of a house to fund nursing home accommodation for the old as their mental capacity deteriorates. This common situation highlights the potential for an Attorney’s decision to undermine the Will of the person giving the Power of Attorney (“the Principal”), and how important it can be for the Principal... http://www.turnbullhill.com.au/articles/Avoid-the-wreckage....html http://www.turnbullhill.com.au/articles/Avoid-the-wreckage....html Our litigation solicitors are often engaged in trying to solve problems after the event - a little like carefully picking through the wreckage after a car has gone over the cliff. That is also why we have a team of passionately dedicated estate planners. Estate planning is all about creating structures to prevent the car from going over the cliff. It is about seeing problems in the future and putting in place a plan to avoid them for... http://www.turnbullhill.com.au/articles/Some-pitfalls-affecting-'claims-made'-liability-insurance....html http://www.turnbullhill.com.au/articles/Some-pitfalls-affecting-'claims-made'-liability-insurance....html Consider this hypothetical scenario: Joe, a successful financial advisor, has just completed his 10th year in business. The recent economic recession is looking more distant every day that passes, and experienced financial advisers like Joe are enjoying a steady increase in new clients. However, just as Joe reaches his office one day, a letter arrives. It's from lawyers acting for one of his former clients, Bob Smith. Bob was one... http://www.turnbullhill.com.au/articles/Directors-in-Troubled-Times:-Notes-for-Company-Directors.html http://www.turnbullhill.com.au/articles/Directors-in-Troubled-Times:-Notes-for-Company-Directors.html When debtors are beating on the door, how do directors sleep at night? “Like babies. They wake up in the middle of the night crying and screaming and frequently need a drink”. Of course, there are far more company directors than babies. There are about 2 million company directors in Australia. In my experience, they range from the directors of publicly listed companies at the “big end of... http://www.turnbullhill.com.au/articles/Moving-with-the-Children.html http://www.turnbullhill.com.au/articles/Moving-with-the-Children.html Many of us are very mobile. We may wish to move to a new area for many reasons...work, relationship, lifestyle. This can be a difficulty if you are separated and have children. Let us assume: 1. You have two children. They have always lived in Newcastle. 2. The children live primarily with you. They spend time with the other parent five nights a fortnight. Holiday time is equal. There is no Court order but this arrangement... http://www.turnbullhill.com.au/articles/Why-conventional-insurance-is-occurrence-based.html http://www.turnbullhill.com.au/articles/Why-conventional-insurance-is-occurrence-based.html Most consumers of insurance products expect their policy will pay out for a claimable incident which occurs during the policy period - that is, during the period for which premiums are paid. Accordingly, if a fire or accident occurs the day after the policy period ends, it will not be covered under the relevant policy, unless the policy has been renewed. These are examples of occurrence-based insurance. Such insurance is suitable for... http://www.turnbullhill.com.au/articles/Distinguishing-Independent-Contractors-from-Employees.html http://www.turnbullhill.com.au/articles/Distinguishing-Independent-Contractors-from-Employees.html The recent Administrative Appeals Tribunal of Australia (AAT) decision in the case of Associated Translators and Linguists Pty Limited and Commission of Taxation [2010] AATA 260 has again highlighted the distinction between employees and independent contractors and the cost to business if the incorrect characterisation is made. The Company had treated Mr Sani as an independent contractor. The Commissioner of Taxation initially ruled... http://www.turnbullhill.com.au/articles/Fairness-and-equality-in-your-Will-requires-a-lot-of-thought-and-a-well-crafted-document.html http://www.turnbullhill.com.au/articles/Fairness-and-equality-in-your-Will-requires-a-lot-of-thought-and-a-well-crafted-document.html Following is an example of how a commonly used term in a Will which on the face of it appears fair, can actually result in very unfair consequences. Patrick and Jane are in their early fifties and have three children aged 26, 21 and 13. They have a Will which makes equal provision for the three children. The eldest child Charles is a qualified accountant. He has just graduated from university. He is in full-time employment... http://www.turnbullhill.com.au/articles/"When-is-it-necessary-to-provide-first-aid-or-medical-treatment?".html http://www.turnbullhill.com.au/articles/"When-is-it-necessary-to-provide-first-aid-or-medical-treatment?".html Can I be charged for failing to provide medical treatment? As a general principle, people, even doctors, cannot be charged or sued for failing to provide first aid treatment to an injured person. However, this general principle has several significant exceptions, which are the subject of this article. In relation to workplaces, section 24(2) of the Occupational Health and Safety Act (NSW) provides that: A person at a place of... http://www.turnbullhill.com.au/articles/Employer-fairly-dismissed-an-employee-who-did-not-respond-to-reasonable-requests....html http://www.turnbullhill.com.au/articles/Employer-fairly-dismissed-an-employee-who-did-not-respond-to-reasonable-requests....html Fair Work Australia (FWA) has ruled that an employer was entitled to sack a worker who did not comply with a request for details of his extended sick leave and plans for returning to work. P, the worker, was engaged in the IT industry. He went on sick leave in June 2009 and thereafter provided medical certificates in support of his absence, which certificates stated that his absence was due to “a medical... http://www.turnbullhill.com.au/articles/Taking-short-cuts-does-not-achieve-a-good-Will....html http://www.turnbullhill.com.au/articles/Taking-short-cuts-does-not-achieve-a-good-Will....html careful consideration by you and an Estate Planning and Complex Wills specialist will We have all had the experience of having to paint a room, a shed, a cupboard or a house. There are any number of short cuts: • Don’t prepare the surface properly (it’s too hard); • Buy cheap paint; • Only put one coat on; • Don’t use precautions such as masking tape... http://www.turnbullhill.com.au/articles/Interlock-driver-licence-for-PCA-and-DUI-offenders.html http://www.turnbullhill.com.au/articles/Interlock-driver-licence-for-PCA-and-DUI-offenders.html Recent statistics show that over 15 percent of drink-drivers return to court for another drink-driving offence within five years (Bureau of Crime Statistics and Research, NSW, 9 December 2009). In many cases, the second offence is committed just a few months after the driver has regained his or her driver licence following disqualification for the first offence. Such drivers pose a serious risk to themselves and other road-users. ... http://www.turnbullhill.com.au/articles/Changes-to-the-Law-of-Intestacy.html http://www.turnbullhill.com.au/articles/Changes-to-the-Law-of-Intestacy.html What are the changes to the Law of Intestacy? What is Intestacy? A person dies “intestate” if they die without leaving a valid Will. Commonly, people die intestate in the following circumstances: If they have never made a Will. If they have made a Will, but later revoke it without making a replacement Will. If they have made a Will, but married after the Will was made, in which case, the Will... http://www.turnbullhill.com.au/articles/Truck-operators-need-to-be-aware-that-there-are-big-fines-for-overloading.html http://www.turnbullhill.com.au/articles/Truck-operators-need-to-be-aware-that-there-are-big-fines-for-overloading.html All competent truckies know that overloading is a serious offence, but some drivers and truck operators are surprised to discover just how big the fines can be in some instances. The RTA's Heavy Vehicle Driver Handbook notes that it is the operator's responsibility to make sure the mass limit for a vehicle is not exceeded, and that the penalty for overloading a vehicle "may exceed $2,200 for an individual and... http://www.turnbullhill.com.au/articles/Loans-to-adult-children---a-risky-business.html http://www.turnbullhill.com.au/articles/Loans-to-adult-children---a-risky-business.html Parents, quite understandably, want to encourage and support their offspring. Sometimes that involves financial assistance being provided to adult children in the form of a loan. Unfortunately, many arrangements like this are poorly documented, and may cause great anguish later on, particularly if one of those adult children becomes sick, dies unexpectedly, is adjudged bankrupt, or is affected by a relationship breakdown. For example: ... http://www.turnbullhill.com.au/articles/What-do-I-need-to-include-in-an-effective-restraint-of-trade-clause-in-an-employment-contract..?.html http://www.turnbullhill.com.au/articles/What-do-I-need-to-include-in-an-effective-restraint-of-trade-clause-in-an-employment-contract..?.html The Supreme Court has once again revisited the subject of restraint of trade clauses in employment contracts. The result has not been encouraging for employers in professional services firms wishing to protect their hard earned investment in good will against the ravages of former employees who leave and compete in business against their former bosses. On 1st March, 2010, the Court delivered its judgment in the case of Stacks/Taree v... http://www.turnbullhill.com.au/articles/An-Estate-Planning-and-Complex-Wills-specialist-can-make-sure-your-Will-is-fair.html http://www.turnbullhill.com.au/articles/An-Estate-Planning-and-Complex-Wills-specialist-can-make-sure-your-Will-is-fair.html Patrick and Jane are in their early fifties and have three children aged 26, 21 and 13. They have a Will which makes equal provision for the three children. The eldest child Charles is a qualified accountant. He has just graduated from university. He is in full-time employment earning $50,000.00 per year. The middle child Anne is a second year university student and has two years to complete her economics degree. The youngest... http://www.turnbullhill.com.au/articles/Your-Will-should-be-drafted-by-a-solicitor-who-specialises-in-estate-planning....html http://www.turnbullhill.com.au/articles/Your-Will-should-be-drafted-by-a-solicitor-who-specialises-in-estate-planning....html and drafting complex wills…because if you get your Will wrong it could cost your family dearly George and Mildred owned a house at Charlestown. They attended their solicitor to have their Wills drafted. The solicitor didn’t find out enough about George and Mildred’s circumstances to be able to properly recommend the best Wills for their situation. The solicitor didn’t ask any questions about... http://www.turnbullhill.com.au/articles/Newcastle-Show-Holiday---Important-Clarification-for-NSW-State-System-Employers.html http://www.turnbullhill.com.au/articles/Newcastle-Show-Holiday---Important-Clarification-for-NSW-State-System-Employers.html Newcastle Show Holiday - Important Clarification for NSW State System Employers as at 31/12/09 This article is reference to a Turnbull Hill email that went out early March, 2010. I understand (although I have not been able to confirm) there may be pending a decision of one of the industrial tribunals which could impact upon the obligations in relation to Newcastle Show Holiday of those employers who were NSW state system employers... http://www.turnbullhill.com.au/articles/Newcastle-Show-Holiday:-An-entitlement-for-NSW-private-sector-employees.html http://www.turnbullhill.com.au/articles/Newcastle-Show-Holiday:-An-entitlement-for-NSW-private-sector-employees.html Newcastle Show Holiday is Friday 26 March Here is the current legal position on it. Two significant events occurred during December and January, which have yet again changed the industrial landscape for NSW employers. In December, the NSW Parliament referred its industrial powers to the Federal Parliament – this means all private sector NSW employers and employees previously covered by the NSW state award system... http://www.turnbullhill.com.au/articles/Trying-to-fairly-look-after-people-in-your-Will-it-pays-to-really-understand-what-you-do-&-don't-own.html http://www.turnbullhill.com.au/articles/Trying-to-fairly-look-after-people-in-your-Will-it-pays-to-really-understand-what-you-do-&-don't-own.html Recently I saw the sad consequences of someone not dealing properly in their Will with their jointly owned real estate. I think most people these days are aware that you can own real estate with someone else in two ways – as a joint tenant, or as a tenant in common. Most people are probably also aware that if you own real estate as a joint tenant, you can’t gift your interest in your Will – as, on your... http://www.turnbullhill.com.au/articles/What-happens-to-my-Superannuation-when-I-die?.html http://www.turnbullhill.com.au/articles/What-happens-to-my-Superannuation-when-I-die?.html Did you know that some types of assets are not usually able to be distributed in accordance with the terms of your Will. One of these assets is your Superannuation. You might ask, well what happens to my Superannuation upon my death? The answer is that it is distributed in accordance with the Trust Deed that governs your superannuation fund. The Trust Deed will usually allow you to put into effect a Nomination of Beneficiary Form,... http://www.turnbullhill.com.au/articles/The-6th,-7th,-8th,-9th-&-10th-National-Employment-Standards.html http://www.turnbullhill.com.au/articles/The-6th,-7th,-8th,-9th-&-10th-National-Employment-Standards.html The last of the series of emails relating to teh National Employment Standards (NES). The 6th NES - Community service leave You must allow your employees leave to engage in eligible community service activity. Eligible community service activity includes: a) jury service; and b) voluntary activity that involves dealing with an emergency or natural disaster, when requested to do so by a recognised emergency management... http://www.turnbullhill.com.au/articles/Do-the-Police-have-right-to-search-my-home...?.html http://www.turnbullhill.com.au/articles/Do-the-Police-have-right-to-search-my-home...?.html Can the NSW Police search my home or car? Under the law of New South Wales (NSW), Police may enter a home or other premises if they have a search warrant, and may also enter premises without a warrant if they believe someone there has suffered a significant physical injury, or is in imminent danger of significant physical injury, or that entry into the premises is necessary to prevent a breach of the peace. If they have a search... http://www.turnbullhill.com.au/articles/The-NSW-Children's-Court.html http://www.turnbullhill.com.au/articles/The-NSW-Children's-Court.html The Infant Protection Act 1904 contained the first statutory reference in New South Wales, Australia (NSW), to a "Children's Court", although it was not until the following year that further legislation, the Neglected Children and Juvenile Offenders Act 1905, defined the jurisdiction of the Children's Court at that time. Now, in 2009, there are six permanent Children's Courts in NSW, but... http://www.turnbullhill.com.au/articles/Personal/carer's-leave---the-5th-of-the-National-Employment-Standards.html http://www.turnbullhill.com.au/articles/Personal/carer's-leave---the-5th-of-the-National-Employment-Standards.html Under the National Employment Standards (NES), from 1 January 2010 your full time employees will accrue 10 days of paid personal/carer’s leave (which includes sick leave) per year. Personal/carer’s leave can be taken when your employee is ill or has suffered an injury, or if your employee needs to provide care and support to a member of their immediate family or household. Immediate family means a spouse, de facto... http://www.turnbullhill.com.au/articles/The-4th-of-the-National-Employment-Standards---Annual-Leave.html http://www.turnbullhill.com.au/articles/The-4th-of-the-National-Employment-Standards---Annual-Leave.html The fourth of the Federal System's National Employment Standards (NES) relates to Annual Leave. The entitlement is four weeks' Annual Leave (five weeks if the employee is a shift worker). Paid annual leave is accrued progressively during a year of service on the basis of ordinary hours worked. When one of your employees is on Annual Leave, you must pay them at their base rate of pay for their ordinary hours of work in... http://www.turnbullhill.com.au/articles/The-right-to-request-flexible-work-arrangements---the-second-of-the-National-Employment-Standards.html http://www.turnbullhill.com.au/articles/The-right-to-request-flexible-work-arrangements---the-second-of-the-National-Employment-Standards.html The second of the National Employment Standards (NES) provides that if you employ a parent who has responsibility for the care of a child that is under school age, or under 18 and has a disability, the parent may request you allow for a change in working arrangements to assist the parent to care for the child. The request can only be made by the parent if s/he has completed at least 12 months of continuous service with you (and if they... http://www.turnbullhill.com.au/articles/Reasonable-Additional-Hours.html http://www.turnbullhill.com.au/articles/Reasonable-Additional-Hours.html A ruling in a September Court case provides an example of what constitutes "reasonable additional hours". This case is useful in getting an understanding of what "reasonable additional hours" means. Notwithstanding the Law will change from 1 January 2010. Note: If you are a national system employer, under current law you cannot ask your full-time employees to work unreasonable additional hours in... http://www.turnbullhill.com.au/articles/The-3rd-National-Employment-Standard-...-the-right-to-unpaid-parental-leave.html http://www.turnbullhill.com.au/articles/The-3rd-National-Employment-Standard-...-the-right-to-unpaid-parental-leave.html The 3rd National Employment Standard (NES) provides for at least 12 months unpaid parental leave for your full-time employees who have worked in your business for at least 12 months, and for your long term casual employees who would have an ongoing expectation of employment. Note, this NES is extended to apply to State System employees as well as Federal System employees. The NES provide the statutory minimum entitlements which will... http://www.turnbullhill.com.au/articles/The-first-of-the-10th-National-Employment-Standards---the-38-hour-week.html http://www.turnbullhill.com.au/articles/The-first-of-the-10th-National-Employment-Standards---the-38-hour-week.html The 1st of the National Employment Standards (NES) is that which provides that the maximum weekly hours are 38 hours for full-time employees (or if the employee works less than 38 hours per week, then their ordinary hours of work in a week), subject to reasonable additional working hours.   The NES does not restrict the period over which hours can be averaged if done via a modern award or enterprise agreement...otherwise... http://www.turnbullhill.com.au/articles/Many-employers-are-still-getting-it-wrong-when-it-comes-to-paying-their-employees-correctly....html http://www.turnbullhill.com.au/articles/Many-employers-are-still-getting-it-wrong-when-it-comes-to-paying-their-employees-correctly....html You may have heard about the results of the latest findings from the Fair Work Ombudsman about their business audits in Newcastle. The following is an extract from the media release on Monday: “$60,000 back-pay for Newcastle workers A number of workers at Newcastle in regional NSW have been back-paid more than $60,700 following intervention by the Fair Work Ombudsman. The largest recovery was $16,100 for a plumber... http://www.turnbullhill.com.au/articles/Traffic-Law---Common-Offences-and-Penalties.html http://www.turnbullhill.com.au/articles/Traffic-Law---Common-Offences-and-Penalties.html A List of Traffic Law Common Offences & Penalties Traffic Law in NSW is a complex and an extensive system of Rules and Regulations. It is not uncommon for an individual charged with an offence under one piece of legislation to be sentenced by a penalty prescribed under different legislation. A summary of the most common offences and their penalties as at April 2011 are listed below: Offence ... http://www.turnbullhill.com.au/articles/Vodafone-"Class-Action"...-What-is-a-Class-Action?.html http://www.turnbullhill.com.au/articles/Vodafone-"Class-Action"...-What-is-a-Class-Action?.html You might have read recently about the 'class action lawsuit' being brought against Vodafone Australia. It is claimed that nearly 18,000 Vodafone customers (and also some Vodafone dealers) have joined the lawsuit, which arises from allegations of poor performance on the Vodafone network. One of the problems facing an aggrieved customer, is the economics of bringing legal action. Also, the financial loss arising from a... http://www.turnbullhill.com.au/articles/New-Tax-Agent-Services-Regime-commenced-1-March-2010---do-you-need-to-register?.html http://www.turnbullhill.com.au/articles/New-Tax-Agent-Services-Regime-commenced-1-March-2010---do-you-need-to-register?.html This regime will affect all tax and BAS agents providing tax agent or BAS services. This includes, but is not limited to persons providing tax advice, ascertaining tax liabilities, entitlements or obligations and representing clients in dealings with the Commissioner. This will affect accountants, bookkeepers and some lawyers. The new regime is intended to ensure that tax agent services and BAS services provided to taxpayers are of an... http://www.turnbullhill.com.au/articles/Know-your-rights.html http://www.turnbullhill.com.au/articles/Know-your-rights.html This is designed to provide general information only. If specific legal advice is required, the services of a competent legal advisor should be sought.   You don’t have to     go with the Police to a Police Station (unless you’ve been arrested and informed of the charge or have given a positive reading on a roadside breath test). take part in a Police line-up or... http://www.turnbullhill.com.au/articles/Lawyers-practising-in-deceased-estate-disputes-risk-losing-money-if-they-don't-comply-with-new-rules.html http://www.turnbullhill.com.au/articles/Lawyers-practising-in-deceased-estate-disputes-risk-losing-money-if-they-don't-comply-with-new-rules.html Written by Adrian Corbould - The Supreme Court’s relatively new Practice Note relating to deceased estate disputes has been in place for the past three months, having taken effect from 1 June 2009.   We have observed over the past months that the Court's desired aim of reducing the costs and running time of such matters is quickly taking effect.   If you take instructions in these... http://www.turnbullhill.com.au/articles/Employers-need-to-get-ready-for-the-new-National-Employee-Standards.html http://www.turnbullhill.com.au/articles/Employers-need-to-get-ready-for-the-new-National-Employee-Standards.html Written by Gavin Hanrahan, Partner - The 1st of the National Employment Standards (NES) is that which provides that the maximum weekly hours are 38 hours for full-time employees (or if the employee works less than 38 hours per week, then their ordinary hours of work in a week), subject to reasonable additional working hours.   The NES does not restrict the period over which hours can be averaged if done via a modern... http://www.turnbullhill.com.au/articles/Court-directs-Contested-Wills-traffic-to-the-Express-Lane.html http://www.turnbullhill.com.au/articles/Court-directs-Contested-Wills-traffic-to-the-Express-Lane.html Written by Adrian Corbould - THE NSW Supreme Court has recently introduced new rules to simplify deceased estates disputes, with the expectation of these measures to cut costs and finalise will challenges more rapidly. Some of the changes include online eCourt determination of progress orders, compulsory mediation, and a standard affidavit for applications brought under the Family Provision Act and the Succession Act. The NSW Supreme... http://www.turnbullhill.com.au/articles/How-your-family-business-can-most-easily-be-put-at-risk-by-non-trading-issues.html http://www.turnbullhill.com.au/articles/How-your-family-business-can-most-easily-be-put-at-risk-by-non-trading-issues.html Written by Warwick Gilbertson, Partner - Most family businesses are operated within complex structures such as family trusts or companies...and often a combination of these. Most of these structures still provide potential tax benefits and other important benefits such as asset protection for key family members in the business. Lately, there has also been rapid growth in the use of self-managed super funds for family... http://www.turnbullhill.com.au/articles/It-depends-on-what-you-say---not-what-you-mean.html http://www.turnbullhill.com.au/articles/It-depends-on-what-you-say---not-what-you-mean.html Written by John Woodward, Partner - To every lawyer who comes under my supervision, I commence our working relationship by giving a little address. I say that the single most important weapon in the armoury of a good lawyer is the ability to communicate effectively – both in writing as well as in the spoken word. In fact, I would like to suggest in this article that the ability to communicate effectively is an important... http://www.turnbullhill.com.au/articles/Successful-challenge-to-Unjust-Mortgage.html http://www.turnbullhill.com.au/articles/Successful-challenge-to-Unjust-Mortgage.html Written by John Woodward, Partner - The Supreme Court of New South Wales has delivered a further reminder to banks and other secured lenders that, when considering loan applications, they must have regard to more than just the value of the property being offered as security. In Permanent Trustee Australia Limited - v – Grusevski [2005] NSWSC 1281 the Court set aside a mortgage notwithstanding its finding that, at the time she...