turnbullhill.com.au/ Turnbull Hill Lawyers Articles en 30/11/00-1 10:00:00 AM http://www.turnbullhill.com.au/articles/the-fwc-clarifies-the-meaning-of--casual-employment--and--casual-employee-.html http://www.turnbullhill.com.au/articles/the-fwc-clarifies-the-meaning-of--casual-employment--and--casual-employee-.html At long last some much needed clarity around the meaning of "casual employment". During my 22 years working in the law, employers have always been at risk of an employee, whom they had engaged and paid as a casual, maintaining at some later time that they were actually a permanent employee under the common law...and therefore... Fri, 03 May 2013 11:22:00 +1000 http://www.turnbullhill.com.au/articles/swimming-pool-owners-must-register-their-swimming-pool-by-29th-october-2013---.html http://www.turnbullhill.com.au/articles/swimming-pool-owners-must-register-their-swimming-pool-by-29th-october-2013---.html Changes to the Law Some important changes to the Swimming Pools Act 1992 have recently come into effect. The changes introduce new pool safety compliance laws and mean that pool owners are now responsible for ensuring their pool complies and is registered with the State Government. The new laws apply to owners of: Swimming... Fri, 03 May 2013 10:24:00 +1000 http://www.turnbullhill.com.au/articles/estate-planning-and-enduring-powers-of-attorney--what-can-your-attorney-really-do-.html http://www.turnbullhill.com.au/articles/estate-planning-and-enduring-powers-of-attorney--what-can-your-attorney-really-do-.html Many Australians operate businesses or hold assets in family discretionary trusts. The trustees of the trust can be individuals or a company. If the trustee is a company, its directors are often the primary beneficiaries of the trust. Many Australians are also setting up Self-Managed Super Funds (SMSF), which are a special form of trust.... Wed, 01 May 2013 14:55:00 +1000 http://www.turnbullhill.com.au/articles/court-proceedings-for-parenting-orders-and-the-need-for-family-dispute-resolution.html http://www.turnbullhill.com.au/articles/court-proceedings-for-parenting-orders-and-the-need-for-family-dispute-resolution.html When a couple with children separates, they need to put in place an arrangement for their children’s ongoing care and maintenance. Arrangements can be by agreement or pursuant to a court order. Most people do agree. Generally they do so without the help of a third party. Sometimes the couple goes to mediation and reaches an... Mon, 29 Apr 2013 10:20:00 +1000 http://www.turnbullhill.com.au/articles/federal-magistrates-court-of-australia-changes-name-to-federal-circuit-court-of-australia.html http://www.turnbullhill.com.au/articles/federal-magistrates-court-of-australia-changes-name-to-federal-circuit-court-of-australia.html On Friday 12 April 2013, the Federal Magistrates Court of Australia changed its name to the Federal Circuit Court of Australia. As a consequence Federal Magistrates will now be referred to as Judges. Over the past 12 years there has been a shift in the balance of workload between the Federal Circuit Court and the Family Court of... Mon, 29 Apr 2013 09:44:00 +1000 http://www.turnbullhill.com.au/articles/important-changes-to-your-rights-in-criminal-matters.html http://www.turnbullhill.com.au/articles/important-changes-to-your-rights-in-criminal-matters.html On 25 March 2013, the NSW Parliament passed two very significant pieces of legislation. The two Acts are: The Evidence Amendment (Evidence of Silent) Act 2013; and The Criminal Procedure Amendment (Mandatory Pre Trial Defence Disclosure) Act 2013 These two Acts will significantly change the rights that NSW citizens have... Wed, 24 Apr 2013 15:48:00 +1000 http://www.turnbullhill.com.au/articles/what-you-need-to-know-about-the-nsw-government-s-new-construction-guidelines.html http://www.turnbullhill.com.au/articles/what-you-need-to-know-about-the-nsw-government-s-new-construction-guidelines.html New procurement Guidelines for all NSW infrastructure projects will come into effect on 1 July 2013. Changes to the existing guidelines were driven by the Hon. Mike Baird (NSW Treasurer and Minister for Industrial Relations) who has stated that he was responding to pressure to maintain consistency with Victoria and Queensland. All... Mon, 15 Apr 2013 15:08:00 +1000 http://www.turnbullhill.com.au/articles/workplace-bullying--the-new-proposed-laws-and-what-they-could-mean-for-employers---.html http://www.turnbullhill.com.au/articles/workplace-bullying--the-new-proposed-laws-and-what-they-could-mean-for-employers---.html Workplace bullying and harassment is a serious issue impacting many businesses across Australia and it’s been on the rise over the last few years. A study of adult workers in 2010 by the Workplace Bullying Institute (WBI) found that 35 per cent had suffered from some form of bullying in the workplace, in the form of being verbally... Thu, 11 Apr 2013 14:43:00 +1000 http://www.turnbullhill.com.au/articles/effective-exclusion-clauses-in-commercial-contracts--2-lessons-for-business-owners.html http://www.turnbullhill.com.au/articles/effective-exclusion-clauses-in-commercial-contracts--2-lessons-for-business-owners.html A recent decision in the case of LA Rosa v Nudrill [2013] WASCA 18 serves as a reminder to all business owners that exclusion clauses in contracts are not watertight and will not always protect the parties involved from the consequences of negligence. In this case, the exclusion clause in question was related to goods that were carried... Tue, 09 Apr 2013 13:01:00 +1000 http://www.turnbullhill.com.au/articles/the-unfair-dismissal-high-income-threshold-explained.html http://www.turnbullhill.com.au/articles/the-unfair-dismissal-high-income-threshold-explained.html The high income threshold for unfair dismissals refers to the highest possible income an employee can have, unless they are covered by an award or enterprise agreement, before they are excluded from making an unfair dismissal claim against their organisation. This threshold applies under the Fair Work Act 2009 (Cth) and changes every year on... Thu, 21 Mar 2013 09:31:00 +1100 http://www.turnbullhill.com.au/articles/workplace-investigations--internal-vs-external.html http://www.turnbullhill.com.au/articles/workplace-investigations--internal-vs-external.html Workplace Investigations typically take place following one or more employees acting inappropriately, and they are becoming an increasingly challenging and time consuming problem for employers to deal with. The type of investigation, and the resources the employer allocates to resolving the issue, depends on the seriousness of the behaviour... Fri, 15 Mar 2013 14:40:00 +1100 http://www.turnbullhill.com.au/articles/-732-133-76-reasons-why-an-executor-should-obtain-the-best-legal-advice---.html http://www.turnbullhill.com.au/articles/-732-133-76-reasons-why-an-executor-should-obtain-the-best-legal-advice---.html In a Decision of the NSW Supreme Court handed down on 31 January 2013, a Judge has ordered a person who obtained a Grant of Probate of a Will, and then distributed the estate pursuant to the Grant of Probate, to reimburse the estate for the monies distributed. The Law essentially provides an executor with protection from claims on him or... Fri, 15 Mar 2013 10:56:00 +1100 http://www.turnbullhill.com.au/articles/commercial-leases-in-nsw--common-questions---answers.html http://www.turnbullhill.com.au/articles/commercial-leases-in-nsw--common-questions---answers.html Commercial Leases: Q&As Is stamp duty payable on the creation or assignment of a lease? Since 1 January 2008, stamp duty has not been payable on a Commercial Lease executed on or after that date. However, it is still payable on the transfer or assignment of a Lease. How long can a lease term be? Generally there is no... Fri, 15 Mar 2013 10:31:00 +1100 http://www.turnbullhill.com.au/articles/occupier-of-retail-shop-not-liable-for-the-actions-of-a--suspected-fraudster-.html http://www.turnbullhill.com.au/articles/occupier-of-retail-shop-not-liable-for-the-actions-of-a--suspected-fraudster-.html On the 8th of February 2013, the New South Wales Court of Appeal handed down its Decision in an appeal by a store owner against a finding it was liable to compensate one of its customers who was injured by suspected fraudsters. The facts of this case as generally set out in the Decision were as follows. At about 11.35am on 17... Tue, 12 Mar 2013 09:57:00 +1100 http://www.turnbullhill.com.au/articles/injuries-caused-by-use-of-your-farm-machinery---who-s-liable-.html http://www.turnbullhill.com.au/articles/injuries-caused-by-use-of-your-farm-machinery---who-s-liable-.html The Australian Centre for Agricultural Health and Safety reported that between 1 January and 30 September 2012, there were 102 “on-farm” injury events reported in Australian print media ... including 37 fatalities. Of those injury events, nearly a quarter involved mobile farm machinery (not including farm vehicles, motor cycles,... Wed, 27 Feb 2013 15:39:00 +1100 http://www.turnbullhill.com.au/articles/estrangement--what-does-it-mean-in-the-law-of-succession-in-new-south-wales-.html http://www.turnbullhill.com.au/articles/estrangement--what-does-it-mean-in-the-law-of-succession-in-new-south-wales-.html Estrangement has been described as “the condition which results from the attitudes or conduct of one or both parties” (Andrews v Andrews [2011] NSWSC 115). On some occasions in claims for family provision, the condition of estrangement comes before the Courts for determination as a result of the failure of a testator to make... Fri, 15 Feb 2013 13:26:32 +1100 http://www.turnbullhill.com.au/articles/the-claimants--insurance-lawyer-should-understand-the-claimant--their-loss---how-it-affects-them---.html http://www.turnbullhill.com.au/articles/the-claimants--insurance-lawyer-should-understand-the-claimant--their-loss---how-it-affects-them---.html Insurance disputes generally involve two parties, the Insurer and the Claimant. One generally a multi-national company, and the other more often than not, a person. Claimants’ Insurance Lawyers should be expert at not only interpreting insurance policies and negotiating with insurance companies and their lawyers, but also in being... Fri, 01 Feb 2013 09:53:00 +1100 http://www.turnbullhill.com.au/articles/changes-to-unfair-dismissal-laws-in-2013.html http://www.turnbullhill.com.au/articles/changes-to-unfair-dismissal-laws-in-2013.html The time for lodging an Unfair Dismissal Claim or a General Protections Claim is now the same, 21 days...and this should result in all the issues in dispute between an employee and employer being resolved in a timelier manner Prior to the start of this Year, an employee who thought he/she had been unfairly dismissed had 14 days from the... Tue, 29 Jan 2013 14:06:00 +1100 http://www.turnbullhill.com.au/articles/rego-labels-are-no-longer-required-in-nsw.html http://www.turnbullhill.com.au/articles/rego-labels-are-no-longer-required-in-nsw.html From 1 January 2013, registration labels in NSW are no longer a legal requirement for light vehicles, including cars, motorcycles and trailers up to a gross vehicle mass of 4.5 tonnes. It’s not an offence to keep your old registration label on your car. However, after 1 January 2013, all registration labels on light vehicles can be... Fri, 25 Jan 2013 17:00:00 +1100 http://www.turnbullhill.com.au/articles/avoid-risk--there-are-new-insurance-requirements-for-licensed-agents-commencing-1-july-2013---.html http://www.turnbullhill.com.au/articles/avoid-risk--there-are-new-insurance-requirements-for-licensed-agents-commencing-1-july-2013---.html Starting on 1 July 2013, if you are operating as a licensed agent pursuant to the Property, Stock and Business Agents Act 2002 (“Act”) you will need to have in place a minimum level of professional indemnity insurance. In case you are wondering whether this applies to you, licensed agents include real estate agents, stock and... Fri, 25 Jan 2013 16:04:00 +1100 http://www.turnbullhill.com.au/articles/business-of-the-future--the-importance-of-planning-and-forethought.html http://www.turnbullhill.com.au/articles/business-of-the-future--the-importance-of-planning-and-forethought.html A while ago, I attended a two day training seminar. The presenter spoke of proactive business relationships, the power of positive thinking, enthusiasm and team building - very much the sort of thing you would expect to hear from any motivational speaker. In illustrating his stories, the presenter drew some parallels with the aviation... Fri, 25 Jan 2013 13:52:00 +1100 http://www.turnbullhill.com.au/articles/safeguard-your-business-from-loss-in-2013.html http://www.turnbullhill.com.au/articles/safeguard-your-business-from-loss-in-2013.html The following article outlines a number of ways to help business owners safeguard their business from sustaining losses during tough economic conditions throughout 2013. Identify & Manage Risks Regardless of size, location and industry, every business is susceptible to sustaining some kind of loss, financial or otherwise, from... Thu, 24 Jan 2013 14:45:00 +1100 http://www.turnbullhill.com.au/articles/illegal-tree-removal-and-destruction---a--growing--issue.html http://www.turnbullhill.com.au/articles/illegal-tree-removal-and-destruction---a--growing--issue.html The illegal removal or destruction of trees is a growing issue in NSW that has a maximum penalty, under the Environmental Planning and Assessment Act 1979, of $1.1 million, plus an additional fine of $110,000 for each day the offence continues. As the world becomes more environmentally friendly there is mounting pressure for local... Tue, 15 Jan 2013 09:27:00 +1100 http://www.turnbullhill.com.au/articles/commercial-leases--understanding-the-basics.html http://www.turnbullhill.com.au/articles/commercial-leases--understanding-the-basics.html What is a commercial lease? As the expression suggests, a commercial lease refers to the lease of commercial property.  This includes office space, industrial units, workshops and warehouses, retail shops (whether they are within a shopping centre or not), storage sheds, working yards and other non-residential property. If you... Fri, 11 Jan 2013 14:06:00 +1100 http://www.turnbullhill.com.au/articles/small-businesses-need-to-monitor-cash-flow-at-christmas.html http://www.turnbullhill.com.au/articles/small-businesses-need-to-monitor-cash-flow-at-christmas.html An article taken from the first edition of our e-Precedents... While Christmas is a time of rejoice for most retailers, it’s also the time when small businesses are most likely to become insolvent. Businesses in sectors such as services or manufacturing suffer losses because many shut down for a couple of weeks. While they are... Thu, 20 Dec 2012 09:03:00 +1100 http://www.turnbullhill.com.au/articles/2012-has-been-a-tough-year-for-business-owners.html http://www.turnbullhill.com.au/articles/2012-has-been-a-tough-year-for-business-owners.html As another year draws to a close business people everywhere are saying that 2012 has been a tough year. It has been tough retaining customers and keeping market share and it has been tough paying creditors. Smart business people have been tightening the belt, keeping an eye on recurrent expenditure and postponing or cancelling non urgent... Wed, 19 Dec 2012 09:15:00 +1100 http://www.turnbullhill.com.au/articles/christmas-is-a-time-to-be-extra-careful-on-the-road.html http://www.turnbullhill.com.au/articles/christmas-is-a-time-to-be-extra-careful-on-the-road.html An article taken from the first edition of our e-Precedents... The Christmas holiday period coincides with an increase in fatalities on NSW roads. In 2011 in NSW there were 15 fatalities between school concluding and New Years Day. Every life lost is a tragic reminder that we must all play a part to stay safe on the road. The 15... Tue, 18 Dec 2012 09:56:00 +1100 http://www.turnbullhill.com.au/articles/coles-must-pay-the-following-failed-appeal.html http://www.turnbullhill.com.au/articles/coles-must-pay-the-following-failed-appeal.html An article taken from the first edition of our e-Precedents... The New South Wales Court of Appeal has ordered Coles Supermarkets to pay damages of nearly half a million dollars to a lady who was recovering from cancer when she was hit and injured by a trolley whilst shopping in one of its stores. The lady, 48 at the time, was struck by... Mon, 17 Dec 2012 09:57:00 +1100 http://www.turnbullhill.com.au/articles/issues-between-neighbours.html http://www.turnbullhill.com.au/articles/issues-between-neighbours.html An article taken from the first edition of our e-Precedents... Many contentious issues arise between neighbours involving trees, whether it be overhanging branches or encroaching tree roots. Access onto your neighbour’s property can also result in conflict. If possible, the best way to resolve these problems is, firstly, to talk to... Fri, 14 Dec 2012 10:14:00 +1100 http://www.turnbullhill.com.au/articles/when-are-you-actually--driving--a-motor-vehicle-.html http://www.turnbullhill.com.au/articles/when-are-you-actually--driving--a-motor-vehicle-.html Reference: Changes to the NSW Road Rules & Traffic Laws (2012) An article taken from the first edition of our e-Precedents... This can be a very important question for someone; especially if they think what they are doing is legal, when in fact it is not. However, like a lot of Law, the answer is not certain until a Judge... Thu, 13 Dec 2012 16:28:00 +1100 http://www.turnbullhill.com.au/articles/newcastle-roofing-company-fined--100-000-after-employee-falls-through-a-roof.html http://www.turnbullhill.com.au/articles/newcastle-roofing-company-fined--100-000-after-employee-falls-through-a-roof.html The importance of risk management for your business in 2013... As first reported in the Newcastle Herald... A family run roofing business based in Lake Macquarie, has been ordered to pay almost $100,000 after an employee was injured as a result of falling through an old skylight roof panel while on the job. The victim fell over nine... Wed, 05 Dec 2012 15:50:00 +1100 http://www.turnbullhill.com.au/articles/for-those-involved-in-the-building-and-construction-industry-----how-to-ensure-you-get-paid----.html http://www.turnbullhill.com.au/articles/for-those-involved-in-the-building-and-construction-industry-----how-to-ensure-you-get-paid----.html The Building and Construction Industry Security of Payment Act 1999 ... The seasonally adjusted figures published last month by the Australian Bureau of Statistics (ABS) tell a story that most people in the construction industry are already familiar with: the total value of building work being carried out is continuing to decline. ... Thu, 29 Nov 2012 00:00:00 +1100 http://www.turnbullhill.com.au/articles/enduring-power-of-attorney--epa---why-it-s-vital-to-seek-advice-from-a-lawyer-who-is-a-specialist.html http://www.turnbullhill.com.au/articles/enduring-power-of-attorney--epa---why-it-s-vital-to-seek-advice-from-a-lawyer-who-is-a-specialist.html Noel Whittaker, a leading finance expert with over 25 years experience and the author of 17 bestselling books, recently wrote an article in the Newcastle Herald (22/11/2012) about the complexities involved in having an Enduring Power of Attorney (EPA). In the article he goes on to explain why it’s vital to seek advice from a lawyer who... Fri, 23 Nov 2012 00:00:00 +1100 http://www.turnbullhill.com.au/articles/accountancy-firm-discriminated-against-an-employee-suffering-from-depression.html http://www.turnbullhill.com.au/articles/accountancy-firm-discriminated-against-an-employee-suffering-from-depression.html Wagga Wagga accountancy firm Bush and Campbell Pty Ltd has suffered immeasurable damage to its reputation and brand, a hefty payout and the cost of lengthy Fair Work proceedings when it admitted to discriminating against a former long-serving accountant on the basis of mental disability (depression). The Company admitted it was in breach... Fri, 16 Nov 2012 00:00:00 +1100 http://www.turnbullhill.com.au/articles/property-settlement-and-contributions-after-a-long-marriage-ends.html http://www.turnbullhill.com.au/articles/property-settlement-and-contributions-after-a-long-marriage-ends.html When a court makes a decision about property settlement it follows a four step process: Ascertaining the property owned by the parties, including the value of the property. Assessing the contributions made by each party. Examining the future needs of the parties. Ensuring that the decision made is just and... Thu, 15 Nov 2012 00:00:00 +1100 http://www.turnbullhill.com.au/articles/company-power-of-attorney.html http://www.turnbullhill.com.au/articles/company-power-of-attorney.html Consider this situation... You are the sole shareholder and officer of the company that is your primary business vehicle.    You have a Will and it is all up-to-date so when you die you should be protected – right? As you understand it your shares in the company will pass under the terms of your Will to your... Wed, 14 Nov 2012 00:00:00 +1100 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... Wed, 14 Nov 2012 00:00:00 +1100 http://www.turnbullhill.com.au/articles/itsa-provides-4-focus-points-for-insolvency-compliance-strategy-2012-2013.html http://www.turnbullhill.com.au/articles/itsa-provides-4-focus-points-for-insolvency-compliance-strategy-2012-2013.html ITSA has released its Insolvency Compliance Strategy 2012-2013 which confirms that, between July 2012 and June 2013, ITSA will concentrate the resources in its compliance program on specified technical areas by: extending its review in the 2012-2013 year to outlays and expenses taken by practitioners to ensure the outlays taken are... Wed, 07 Nov 2012 00:00:00 +1100 http://www.turnbullhill.com.au/articles/nsw-worker-wins-bid-to-sue-mining-company-over-car-crash.html http://www.turnbullhill.com.au/articles/nsw-worker-wins-bid-to-sue-mining-company-over-car-crash.html Read first... Unfortunately in NSW we are not allowed to publish or distribute anything that could be considered advertising for personal injury claims or workers compensation. You can only view this content if you agree that you are a potential client, a client, or if you live outside of NSW. function toggle(obj) { var... Mon, 05 Nov 2012 00:00:00 +1100 http://www.turnbullhill.com.au/articles/insolvency-law-update.html http://www.turnbullhill.com.au/articles/insolvency-law-update.html Fair Entitlements Guarantee Bill 2012 (1st November 2012) Following the review of the Fair Work Act 2009 conducted earlier this year, the federal government has introduced a number of Bills into the Parliament to reform the Act. One of the Bills is the Fair Entitlements Guarantee Bill 2012 which was introduced to provide for financial... Mon, 05 Nov 2012 00:00:00 +1100 http://www.turnbullhill.com.au/articles/spotlight-firmly-on-insolvency-in-construction-industry.html http://www.turnbullhill.com.au/articles/spotlight-firmly-on-insolvency-in-construction-industry.html NSW GOVERNMENT CONSIDERS HOW TO PROTECT SUB-CONTRACTORS, 25 OCTOBER 2012 A Discussion and Issues Paper Inquiry into construction industry insolvency in NSW (Issues Paper) has been released and is currently available for comment as the NSW Government attempts to progress its agenda to safeguard the interests of sub-contractors in the... Fri, 02 Nov 2012 00:00:00 +1100 http://www.turnbullhill.com.au/articles/go-lo-is-gone--3-lessons-for-business-owners.html http://www.turnbullhill.com.au/articles/go-lo-is-gone--3-lessons-for-business-owners.html Retail Adventures, the largest trader of discount stores in Australia, has been placed into voluntary administration. Retail Adventures brands include Go-Lo, Sam’s Warehouse, Chickenfeed and Crazy Clark’s. Under the voluntary administration, Retail Adventures will trade its 238 stores across the country and continue to... Fri, 02 Nov 2012 00:00:00 +1100 http://www.turnbullhill.com.au/articles/it-ll-be-right-mate--going-into-business-with-friends-and-family---.html http://www.turnbullhill.com.au/articles/it-ll-be-right-mate--going-into-business-with-friends-and-family---.html Business people are continuing to enter commercial arrangements with enthusiasm and high hopes, and failing to put in place sensible documentation to cover the all-too-regular fall-outs that occur. Two recent examples highlight the risks of this “normal” casual approach… Case Study 1:  Plumbing business down... Wed, 31 Oct 2012 00:00:00 +1100 http://www.turnbullhill.com.au/articles/changes-to-the-nsw-road-rules---traffic-laws.html http://www.turnbullhill.com.au/articles/changes-to-the-nsw-road-rules---traffic-laws.html Changes to the NSW Road Rules Changes to the NSW Road Rules NSW Roads and Maritime Services recently announced a number of changes to the NSW Road Rules due to commence on 1 November 2012. The most significant amendment involves the rules regarding mobile phone use while driving. Mobile Phones and GPS Under the new  NSW... Fri, 26 Oct 2012 00:00:00 +1100 http://www.turnbullhill.com.au/articles/10-rules-for-executives-to-follow-when-confronted-with-a-disciplinary-meeting.html http://www.turnbullhill.com.au/articles/10-rules-for-executives-to-follow-when-confronted-with-a-disciplinary-meeting.html Disciplinary meetings can be stressful and demanding for both executive employees and employers. Indeed, many employees have never had to attend a disciplinary meeting and many employers have never had to conduct one. In these circumstances, where one or both parties are inexperienced, it is common for either party to make rash,... Tue, 16 Oct 2012 00:00:00 +1100 http://www.turnbullhill.com.au/articles/international-child-abduction-and-the-hague-convention.html http://www.turnbullhill.com.au/articles/international-child-abduction-and-the-hague-convention.html There has recently been significant media attention regarding the case of Garning -v- Department of Community, Child Safety & Disability Services and Anor regarding the application to return four children to Italy, under the Hague Convention. On 3 October 2012, Justice Forrest of the Family Court of Australia confirmed Orders... Tue, 16 Oct 2012 00:00:00 +1100 http://www.turnbullhill.com.au/articles/have-you-been-named-as-a-defendant-in-an-application-for-an-avo-.html http://www.turnbullhill.com.au/articles/have-you-been-named-as-a-defendant-in-an-application-for-an-avo-.html Prior to making an AVO the Court must be satisfied of the following: That the person seeking protection has reasonable grounds to fear and fears: That you will commit a violence offence upon them, or That you will intimidate or stalk that person or any other person that they have has a domestic relationship with. ... Tue, 16 Oct 2012 00:00:00 +1100 http://www.turnbullhill.com.au/articles/when-can-a-police-officer-search-you-.html http://www.turnbullhill.com.au/articles/when-can-a-police-officer-search-you-.html When does a NSW police officer have the right to search you? NSW Police can stop and search you in the following circumstances: If you agree; If you are under arrest or in custody; If police have a search warrant; If police suspect, on reasonable grounds, that you are carrying stolen property or you are carrying... Tue, 16 Oct 2012 00:00:00 +1100 http://www.turnbullhill.com.au/articles/what-if-i-don-t-want-my-children-to-receive-a-share-of-my-estate-until-they-reach-a-certain-age-.html http://www.turnbullhill.com.au/articles/what-if-i-don-t-want-my-children-to-receive-a-share-of-my-estate-until-they-reach-a-certain-age-.html This is a particularly complex area of Will drafting. Certain wording can mean your children receive an “expectant share” in your estate when you die, but only take “possession” of that share when they reach the stipulated age.  For example, the following clause will work in that way: “I give my estate to... Fri, 12 Oct 2012 00:00:00 +1100 http://www.turnbullhill.com.au/articles/who-is-included-in-a-gift-to-your--children--in-your-will-.html http://www.turnbullhill.com.au/articles/who-is-included-in-a-gift-to-your--children--in-your-will-.html It is common for parents to make provision for their children in their Wills as a group.  For example, the Will might be worded: “I give the whole of my estate to my children who survive me, and if more than one, in equal shares”. Such a gift is known as a “class gift”.  The advantage of a class gift... Fri, 12 Oct 2012 00:00:00 +1100 http://www.turnbullhill.com.au/articles/15-powerful-reasons-to-choose-turnbull-hill-lawyers-to-take-the-stress-out-of-your-conveyancing---.html http://www.turnbullhill.com.au/articles/15-powerful-reasons-to-choose-turnbull-hill-lawyers-to-take-the-stress-out-of-your-conveyancing---.html This article is an extension of the previous article "3 main things to consider when choosing a Conveyancing Lawyer". 1. Experience & Qualifications You'll have an expert team with a proven track-record dealing with your sale or purchase with over 40 years experience (since 1969) and having handled more... Fri, 12 Oct 2012 00:00:00 +1100 http://www.turnbullhill.com.au/articles/3-main-things-to-consider-when-choosing-a-conveyancing-lawyer-in-nsw---.html http://www.turnbullhill.com.au/articles/3-main-things-to-consider-when-choosing-a-conveyancing-lawyer-in-nsw---.html How do I choose the right Conveyancing Lawyer? When you are buying or selling real estate choosing the right conveyancer is one of the most important decisions you will ever make in your lifetime. Choosing an inexperienced conveyancer could lead you to purchase a property riddled with issues or result in your sale not going through to... Wed, 26 Sep 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/wrist-injury-claim-allowed--despite-being-unreported-and-exaggerated---.html http://www.turnbullhill.com.au/articles/wrist-injury-claim-allowed--despite-being-unreported-and-exaggerated---.html Read first... Unfortunately in NSW we are not allowed to publish or distribute anything that could be considered advertising for personal injury claims or workers compensation. You can only view this content if you agree that you are a potential client, a client, or if you live outside of NSW. function toggle(obj) { var... Mon, 24 Sep 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/what-is-a-prenup-.html http://www.turnbullhill.com.au/articles/what-is-a-prenup-.html What is a Prenup in NSW? Prenuptial Agreements (PNAs), commonly known as ‘prenups’, are generally perceived negatively in society and have a social stigma attached to them, which is why so many Australians do not consider them when they get married. In fact, research by popular wedding website theknot.com.au found that... Wed, 19 Sep 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/achieving-a-high-performance-culture-in-your-business.html http://www.turnbullhill.com.au/articles/achieving-a-high-performance-culture-in-your-business.html Achieving a high-performance culture in your business Managing employee performance and setting expectations is critical to the success of achieving a high performance culture. Those business owners who achieve this type of culture tend to do so because they properly set expectations with their employees from the outset and then follow... Tue, 18 Sep 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/unsigned-wills---when-intention-is-everything.html http://www.turnbullhill.com.au/articles/unsigned-wills---when-intention-is-everything.html Unsigned Wills - When Intention is Everything Generally, for a Will to be valid it needs to be signed by a Willmaker (testator) in the presence of two witnesses, who should also sign at the same time. These witnesses shouldn’t be beneficiaries under the Will. However, in NSW, the Court may dispense with this requirement if the... Mon, 17 Sep 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/refusing-an-employee-request-for-flexible-work-arrangements.html http://www.turnbullhill.com.au/articles/refusing-an-employee-request-for-flexible-work-arrangements.html Flexible Work Hours / Arrangements A recent Decision of Fair Work Australia (FWA) provides further guidance on what are relevant considerations for an employer when considering an employee’s request for flexible work hours or arrangements. The case, AMWU v Mildura Rural City Council, required Deputy President Smith (DP Smith)... Wed, 12 Sep 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/when-a--punch-up--at-work-is-in-the-course-of-employment---.html http://www.turnbullhill.com.au/articles/when-a--punch-up--at-work-is-in-the-course-of-employment---.html Read first... Unfortunately in NSW we are not allowed to publish or distribute anything that could be considered advertising for personal injury claims or workers compensation. You can only view this content if you agree that you are a potential client, a client, or if you live outside of NSW. function toggle(obj) { var... Tue, 11 Sep 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/the-fair-work-ombudsman-launches-another-pregnancy-discrimination-case---.html http://www.turnbullhill.com.au/articles/the-fair-work-ombudsman-launches-another-pregnancy-discrimination-case---.html Pregnancy Discrimination The Fair Work Ombudsman (FWO) has commenced a prosecution against a Perth company and one of its managers for alleged pregnancy discrimination. The company operates a Child Care Centre. FWO alleges that after the manager became aware of an employee’s pregnancy, the manager,  on behalf of the... Tue, 11 Sep 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/worker-denied-compo-by-aat-for-falling-from-a-stretcher.html http://www.turnbullhill.com.au/articles/worker-denied-compo-by-aat-for-falling-from-a-stretcher.html Read first... Unfortunately in NSW we are not allowed to publish or distribute anything that could be considered advertising for personal injury claims or workers compensation. You can only view this content if you agree that you are a potential client, a client, or if you live outside of NSW. function toggle(obj) { var... Mon, 10 Sep 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/accountancy-firm-slugged-over--26-000-for-unlawful-termination.html http://www.turnbullhill.com.au/articles/accountancy-firm-slugged-over--26-000-for-unlawful-termination.html Unlawful Termination The Federal Magistrates Court has ruled that an accountancy firm breached various sections of the Fair Work Act 2009 when it dismissed a 68 year old accountant due to his physical disability. In this case, the Employee had been employed by the firm for over 5 years when he developed a heart condition requiring... Wed, 05 Sep 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/will-you-still-have-a--right-to-silence--.html http://www.turnbullhill.com.au/articles/will-you-still-have-a--right-to-silence--.html You still have a 'Right to Silence'... "But it may harm your defence if you do not mention, when questioned, something you later rely on in Court” On 14 August 2012, the NSW Government foreshadowed amendments to be made to the Evidence Act (NSW) which would affect a person's right to remain silent in... Tue, 04 Sep 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/redundancy-selection-process-irrelevant-in-determining-the-fairness-of-dismissal.html http://www.turnbullhill.com.au/articles/redundancy-selection-process-irrelevant-in-determining-the-fairness-of-dismissal.html   Summary: If an employer is forced to make one or more employees redundant for a legitimate and valid reason, such as a downturn in business, the employer's selection process by which they choose which employees are made redundant is now deemed to be irrelevant in determining the fairness of... Tue, 28 Aug 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/disabled-boy-settles-case-against-private-hospital.html http://www.turnbullhill.com.au/articles/disabled-boy-settles-case-against-private-hospital.html Read first... Unfortunately in NSW we are not allowed to publish or distribute anything that could be considered advertising for personal injury claims or workers compensation. You can only view this content if you agree that you are a potential client, a client, or if you live outside of NSW. function toggle(obj) { var... Tue, 28 Aug 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/the-dangers-of-outsourcing-your-social-media.html http://www.turnbullhill.com.au/articles/the-dangers-of-outsourcing-your-social-media.html Considerations for Business Owners In our related article, ‘Why Employers Need a Social Media Policy’, we highlighted why having a policy is important for effectively managing the risks associated with your employees using social media in your workplace. We also understand that managing social media internally is not... Fri, 24 Aug 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/misconduct-at-work-can-lead-to-a-summary-dismissal.html http://www.turnbullhill.com.au/articles/misconduct-at-work-can-lead-to-a-summary-dismissal.html Are your employees doing what they're told? An employee following the reasonable directives of their employer is one of the most fundamental and essential ingredients of the employment relationship. If this element of the relationship begins to break down, then the employment relationship can become fatally flawed. Many employees... Mon, 13 Aug 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/world-1st--australian-judge-defines-conception.html http://www.turnbullhill.com.au/articles/world-1st--australian-judge-defines-conception.html When Does Conception Begin? In a world first, a Brisbane judge has made a ruling on conception that is set to have a significant impact on parents in Queensland who have, or are planning to have, children through surrogacy. Judge Leanne Clare, of the Brisbane Children's Court, ruled that conception has only occurred when a... Fri, 10 Aug 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/can-you-be-found-guilty-with-no-conviction-recorded-.html http://www.turnbullhill.com.au/articles/can-you-be-found-guilty-with-no-conviction-recorded-.html Guilty, with No Conviction Yes. The NSW Crimes (Sentencing Procedure) Act allows criminal Courts in NSW to make a finding of guilt against someone, however not record a conviction. This means that in this situation you would be found guilty with no conviction recorded. The Criminal Court that finds you guilty may make one of the... Wed, 08 Aug 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/intellectual-property-in-australia--explained.html http://www.turnbullhill.com.au/articles/intellectual-property-in-australia--explained.html What is Intellectual Property? In today’s digital age we are increasingly seeing Intellectual Property (IP) infringement battles in the news headlines (Apple vs. Samsung). These widely publicised battles highlight the importance of IP and why it’s so imperative for companies to protect theirs. The Importance of Protecting... Wed, 08 Aug 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/don-t-leave-your-child-s-guardian-out-of-pocket.html http://www.turnbullhill.com.au/articles/don-t-leave-your-child-s-guardian-out-of-pocket.html The Cost to Guardians Tim and Tina were killed in a motor vehicle accident. They had 2 children aged 6 and 4. In their Wills they had appointed Tina’s brother and his wife, John and Joanna, as guardians of the children. John and Joanna knew that they weren’t bound to accept the appointment and responsibilities but did so... Tue, 07 Aug 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/who-is-your-child-s-guardian-.html http://www.turnbullhill.com.au/articles/who-is-your-child-s-guardian-.html Guardians of Children Drafting a Will for the parents of young children raises the issue of the appointment of guardians for those children.  Barry and Barbara have two children aged 7 and 4.  Their life is dedicated to raising their children.  It was an emotional journey to have to consider being absent from their... Tue, 07 Aug 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/why-employers-need-a-social-media-policy.html http://www.turnbullhill.com.au/articles/why-employers-need-a-social-media-policy.html Social Media Policy 75% of businesses don’t have a formal policy in place on the use of social media 1 ...Do you? In a recent report Sensis and AIMIA it was found that 62% of online Australians use social media, 27% of small businesses have a social media presence and 34% of medium-sized businesses engage... Fri, 03 Aug 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/inheritance-planning--10-things-to-consider.html http://www.turnbullhill.com.au/articles/inheritance-planning--10-things-to-consider.html Inheritance Planning The way in which you divide your Estate and manage your inheritance is very important if you want to secure your family's financial future. Inheritance Planning is more than just having a valid Will in place, it's a tailored plan that takes into consideration your assets, financial standing and personal... Mon, 30 Jul 2012 16:06:04 +1000 http://www.turnbullhill.com.au/articles/abortion---pregnancy-termination---who-has-jurisdiction-.html http://www.turnbullhill.com.au/articles/abortion---pregnancy-termination---who-has-jurisdiction-.html Is an unborn child still a "child" under the Family Law Act? In the recent case of Talbot & Norman [2012] a father sought urgent Orders restraining his former partner from terminating a pregnancy.  Justice Murphy of the Family Court of Australia found that the Family Court has no jurisdiction to make such Order when it... Tue, 24 Jul 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/protecting-high-income-employees-by-providing-a-guarantee-of-annual-earnings.html http://www.turnbullhill.com.au/articles/protecting-high-income-employees-by-providing-a-guarantee-of-annual-earnings.html Why should I provide a Guarantee of Annual Earnings? Together with the 2.9 % increase to minimum wages, the high income threshold has increased from 1 July 2012. This is because the high income threshold is indexed on 1 July each year. The threshold was $118,100 with an unfair dismissal compensation limit of $59,050. Now, as of 1... Mon, 23 Jul 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/how-can-the-paid-parental-leave-scheme-help-employers-.html http://www.turnbullhill.com.au/articles/how-can-the-paid-parental-leave-scheme-help-employers-.html What is the Paid Parental Leave scheme? The Paid Parental Leave scheme is set up to help employers retain valuable staff by providing financial support for parents while they're off work caring for a newborn or recently adopted child. If you're an Employer, you will receive funds from the Department of Human Services before... Fri, 13 Jul 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/the-australian-business-register--abr--has-been-upgraded.html http://www.turnbullhill.com.au/articles/the-australian-business-register--abr--has-been-upgraded.html The Australian Business Register (ABR) has been upgraded... If you have a registered Business Name you'll be interested to know that the Australian Business Register has been upgraded recently. The ABR now links users to the Australian Securities and Investments Commission's (ASIC) new business name registration service which... Fri, 13 Jul 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/8-reasons-why-you-should-get-a-will.html http://www.turnbullhill.com.au/articles/8-reasons-why-you-should-get-a-will.html Should I get a Will? Here's the 8 most compelling reasons why you should make a Will, and keep it current! If you have been putting off making a Will, because the thought of your own mortality is too much to deal with, then STOP.  Think of your family first!! If you Die without a Will... 1. An administrator will be... Wed, 11 Jul 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/self-managed-superannuation-fund---the-trustee-basics.html http://www.turnbullhill.com.au/articles/self-managed-superannuation-fund---the-trustee-basics.html SELF MANAGED SUPERANNUATION FUND (“SMSF”) TRUSTEE  BASICS Running a SMSF is very different from belonging to a large fund where someone else looks after your benefits. In a SMSF you are responsible for all of the administration of the fund including all compliance, reporting tax obligations. 1.  Role as... Wed, 11 Jul 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/superannuation-contributions-2013.html http://www.turnbullhill.com.au/articles/superannuation-contributions-2013.html SUPERANNUATION CONTRIBUTIONS The Australian Taxation Office (“ATO”) has released the superannuation contributions caps for the 2012/2013 year which we have set out below.   In this article we explore the types of contributions that can be made to superannuation and the caps that set a limit on the amount of... Wed, 11 Jul 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/dad-and-partner-pay--dapp-.html http://www.turnbullhill.com.au/articles/dad-and-partner-pay--dapp-.html New law provides Dads and Partners with paid leave… Fathers of new babies can now look forward to payment of two weeks’ leave following the passing of legislation in federal parliament on 28 June 2012. The Paid Parental Leave Act 2010 will now include a payment called ‘Dad and Partner Pay’... Fri, 29 Jun 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/resign-or-be-fired-.html http://www.turnbullhill.com.au/articles/resign-or-be-fired-.html Resign or be fired? When faced with the need to terminate the employment of a worker, sometimes employers will offer the employee the option to resign or face termination of employment. In this situation the employee may feel like they are being forced to resign. Often this approach is taken for two main reasons: The employer... Fri, 29 Jun 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/family-violence--new-amendments-to-the-family-law-act.html http://www.turnbullhill.com.au/articles/family-violence--new-amendments-to-the-family-law-act.html Important amendments to the Family Law Act relating to family violence came into effect on 7 June 2012...  Family violence and abuse have always been very important issues in parenting cases in the Family Court and Federal Magistrates Court. Important amendments to the Family Law Act 1975 ("the Act"), specifically... Mon, 25 Jun 2012 00:00:00 +1000 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... Thu, 21 Jun 2012 00:00:00 +1000 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... Fri, 15 Jun 2012 00:00:00 +1000 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... Fri, 15 Jun 2012 00:00:00 +1000 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... Wed, 13 Jun 2012 00:00:00 +1000 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... Tue, 12 Jun 2012 00:00:00 +1000 http://www.turnbullhill.com.au/articles/buying-residential-property-at-auction.html http://www.turnbullhill.com.au/articles/buying-residential-property-at-auction.html What you need to know when 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... Tue, 12 Jun 2012 00:00:00 +1000 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.... Tue, 05 Jun 2012 00:00:00 +1000 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... Thu, 31 May 2012 00:00:00 +1000 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 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 every employee may sound like a good idea, it is not without risk to the business owner. Thu, 24 May 2012 00:00:00 +1000 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... Thu, 10 May 2012 00:00:00 +1000 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... Wed, 04 Apr 2012 00:00:00 +1000 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... Mon, 05 Mar 2012 00:00:00 +1100 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... Mon, 05 Mar 2012 00:00:00 +1100 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... Mon, 05 Mar 2012 00:00:00 +1100 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... Mon, 05 Mar 2012 00:00:00 +1100 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... Tue, 28 Feb 2012 00:00:00 +1100 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 Do you have a legal Social Media Policy? 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... Tue, 28 Feb 2012 00:00:00 +1100 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... Wed, 08 Feb 2012 00:00:00 +1100 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... Mon, 06 Feb 2012 00:00:00 +1100 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... Tue, 24 Jan 2012 00:00:00 +1100 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... Fri, 20 Jan 2012 00:00:00 +1100 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. ... Thu, 19 Jan 2012 00:00:00 +1100 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... Thu, 19 Jan 2012 00:00:00 +1100 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... Thu, 19 Jan 2012 00:00:00 +1100 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... Mon, 16 Jan 2012 00:00:00 +1100 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... Mon, 12 Dec 2011 00:00:00 +1100 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... Mon, 07 Nov 2011 00:00:00 +1100 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... Fri, 21 Oct 2011 16:57:39 +1100 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. Tue, 16 Aug 2011 00:00:00 +1000 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,... Mon, 30 May 2011 00:00:00 +1000 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... Mon, 30 May 2011 00:00:00 +1000 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... Tue, 24 May 2011 00:00:00 +1000 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... Tue, 24 May 2011 00:00:00 +1000 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... Mon, 23 May 2011 00:00:00 +1000 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... Thu, 28 Apr 2011 00:00:00 +1000 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... Wed, 06 Apr 2011 21:04:29 +1000 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... Wed, 06 Apr 2011 00:00:00 +1000 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... Wed, 06 Apr 2011 00:00:00 +1000 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... Mon, 28 Feb 2011 00:00:00 +1100 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... Wed, 16 Feb 2011 00:00:00 +1100 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... Wed, 09 Feb 2011 00:00:00 +1100 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... Tue, 08 Feb 2011 00:00:00 +1100 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... Wed, 02 Feb 2011 00:00:00 +1100 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. ... Fri, 21 Jan 2011 00:00:00 +1100 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... Tue, 18 Jan 2011 00:00:00 +1100 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... Tue, 18 Jan 2011 00:00:00 +1100 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.... Sun, 16 Jan 2011 00:00:00 +1100 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... Thu, 13 Jan 2011 00:00:00 +1100 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... Thu, 13 Jan 2011 00:00:00 +1100 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. Wed, 12 Jan 2011 00:00:00 +1100 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. ... Wed, 12 Jan 2011 00:00:00 +1100 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. ... Wed, 12 Jan 2011 00:00:00 +1100 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... Wed, 22 Dec 2010 00:00:00 +1100 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... Wed, 22 Dec 2010 00:00:00 +1100 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... Tue, 14 Dec 2010 00:00:00 +1100 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... Tue, 14 Dec 2010 00:00:00 +1100 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... Tue, 14 Dec 2010 00:00:00 +1100 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 Commercial Leases - Always get them in writing! 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 Commercial... Tue, 14 Dec 2010 00:00:00 +1100 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... Tue, 14 Dec 2010 00:00:00 +1100 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... Tue, 14 Dec 2010 00:00:00 +1100 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. ... Tue, 14 Dec 2010 00:00:00 +1100 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... Tue, 14 Dec 2010 00:00:00 +1100 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... Tue, 14 Dec 2010 00:00:00 +1100 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. ... Tue, 14 Dec 2010 00:00:00 +1100 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... Mon, 29 Nov 2010 00:00:00 +1100 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... Wed, 03 Nov 2010 01:00:00 +1100 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... Mon, 01 Nov 2010 00:00:00 +1100 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... Mon, 06 Sep 2010 00:00:00 +1000 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... Wed, 04 Aug 2010 00:00:00 +1000 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... Wed, 04 Aug 2010 00:00:00 +1000 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... Thu, 29 Jul 2010 00:00:00 +1000 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... Wed, 21 Jul 2010 00:00:00 +1000 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... Wed, 21 Jul 2010 00:00:00 +1000 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. ... Wed, 14 Jul 2010 00:00:00 +1000 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 Read first... Unfortunately in NSW we are not allowed to publish or distribute anything that could be considered advertising for personal injury claims or workers compensation. You can only view this content if you agree that you are a potential client, a client, or if you live outside of NSW. function toggle(obj) { var... Wed, 14 Jul 2010 00:00:00 +1000 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... Tue, 13 Jul 2010 00:00:00 +1000 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;... Thu, 01 Jul 2010 00:00:00 +1000 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... Thu, 01 Jul 2010 00:00:00 +1000 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... Wed, 30 Jun 2010 00:00:00 +1000 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... Tue, 29 Jun 2010 00:00:00 +1000 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... Wed, 16 Jun 2010 00:00:00 +1000 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... Tue, 15 Jun 2010 00:00:00 +1000 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... Fri, 04 Jun 2010 00:00:00 +1000 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... Wed, 02 Jun 2010 00:00:00 +1000 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... Tue, 01 Jun 2010 00:00:00 +1000 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... Fri, 21 May 2010 00:00:00 +1000 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... Wed, 19 May 2010 00:00:00 +1000 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... Thu, 22 Apr 2010 00:00:00 +1000 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; ... Tue, 20 Apr 2010 00:00:00 +1000 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... Wed, 14 Apr 2010 00:00:00 +1000 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... Thu, 08 Apr 2010 00:00:00 +1000 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... Tue, 30 Mar 2010 01:00:00 +1100 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,... Tue, 30 Mar 2010 01:00:00 +1100 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... Tue, 30 Mar 2010 01:00:00 +1100 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... Mon, 29 Mar 2010 01:00:00 +1100 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... Tue, 23 Mar 2010 00:00:00 +1100 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... Thu, 18 Mar 2010 00:00:00 +1100 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... Tue, 16 Mar 2010 00:00:00 +1100 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... Thu, 18 Feb 2010 00:00:00 +1100 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 Superannuation After Death 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 terms of the... Wed, 03 Feb 2010 00:00:00 +1100 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... Tue, 22 Dec 2009 00:00:00 +1100 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... Fri, 18 Dec 2009 00:00:00 +1100 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. Thu, 17 Dec 2009 00:00:00 +1100 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... Mon, 07 Dec 2009 00:00:00 +1100 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... Thu, 19 Nov 2009 00:00:00 +1100 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... Tue, 03 Nov 2009 00:00:00 +1100 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... Mon, 02 Nov 2009 00:00:00 +1100 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... Wed, 28 Oct 2009 00:00:00 +1100 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... Tue, 06 Oct 2009 01:00:00 +1100 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... Mon, 28 Nov -0001 10:00:00 +1000 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... Mon, 28 Nov -0001 10:00:00 +1000 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... Mon, 28 Nov -0001 10:00:00 +1000 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. ... Mon, 28 Nov -0001 10:00:00 +1000 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... Mon, 28 Nov -0001 10:00:00 +1000 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,... Mon, 28 Nov -0001 10:00:00 +1000 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... Mon, 28 Nov -0001 10:00:00 +1000 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... Mon, 28 Nov -0001 10:00:00 +1000