http://www.turnbullhill.com.au/ Turnbull Hill Lawyers Articles http://www.turnbullhill.com.au/?process=views/article.php&articleId=11741 http://www.turnbullhill.com.au/?process=views/article.php&articleId=11741 Parliament has recently passed a Bill that allows couples in a de facto relationship the ability to register the relationship. This gives legal recognition to the relationship, regardless of the sex of the persons in that relationship. A person can now be considered a de facto partner of another person if the person is in a registered relationship, whether or not the other criteria for identifying a de facto relationship are met. Any two (2)... http://www.turnbullhill.com.au/?process=views/article.php&articleId=8912 http://www.turnbullhill.com.au/?process=views/article.php&articleId=8912 Many company directors have long taken the view that meeting payment of debts to the Commissioner of Taxation (“Commissioner”) should be prioritised above meeting payment of debts to other creditors. A failure to meet such debts could result in liability attaching to themselves personally under the provisions of the taxation legislation enacted in Australia. This is particularly so in situations where the company is not... http://www.turnbullhill.com.au/?process=views/article.php&articleId=11668 http://www.turnbullhill.com.au/?process=views/article.php&articleId=11668 Bill and Nell had farmed a large rural property for 50 years. The farm was registered in Bill’s name as he inherited the farm from his Uncle. He married Nell and they had been together for 45 years. Bill and Nell had 2 children, Peter and John. Both boys worked with Bill on the farm. Bill, Nell, Peter and John traded as a partnership. The partnership expanded its activities and purchased and sold rural properties as the... http://www.turnbullhill.com.au/?process=views/article.php&articleId=8936 http://www.turnbullhill.com.au/?process=views/article.php&articleId=8936 Recently we were involved in a situation where our client was owed hundreds of thousands of dollars for work done, but it turned out that it had not properly identified who its customer was. When the work was arranged the assumption had been made that the customer was the person our client's employee had spoken to arrange the work, but on the evidence available at a preliminary hearing, this proved not to be the case. The customer was... http://www.turnbullhill.com.au/?process=views/article.php&articleId=11558 http://www.turnbullhill.com.au/?process=views/article.php&articleId=11558 This article should be read in conjunction with my previous article “Transitional Provisions in Modern Awards” written on 1 July 2010. This article focuses on how to phase in (and possibly phase out) penalty/loading rates under the transitional provisions that are included in most modern awards. The model transitional provisions that are included in most modern awards provide for the phasing in of penalty... http://www.turnbullhill.com.au/?process=views/article.php&articleId=11349 http://www.turnbullhill.com.au/?process=views/article.php&articleId=11349 If you're involved in a motor vehicle accident or injured at work and make a claim, expect the insurance company to require you to see one of their doctors for examination. This of itself is not a problem...in fact it is quite reasonable for the insurer to have you examined by one of its doctors before it agrees to pay your claim. What is unreasonable is when the insurance company doesn't like its doctors' opinion and it arranges for you... http://www.turnbullhill.com.au/?process=views/article.php&articleId=11348 http://www.turnbullhill.com.au/?process=views/article.php&articleId=11348 If so, a Binding Financial Agreement can be the solution you are looking for... After the initial stage of a new relationship, our heads start to rule our hearts. Anyone entering a new relationship may have some concerns about their financial vulnerability. Can I pursue a personal relationship without exposing my personal assets? Many of us are concerned about the challenges of intermingling our finances with new relationships. Taking the... http://www.turnbullhill.com.au/?process=views/article.php&articleId=11281 http://www.turnbullhill.com.au/?process=views/article.php&articleId=11281 An Executor is the person appointed under the terms of a Will to ensure that a deceased person’s wishes are carried out in accordance with their Will. An executor’s duties include: making funeral arrangements; identifying the deceased’s assets and ensuring their security; identifying any debts including any tax payable; making an application for a grant of Probate with the Supreme Court, if required; paying all... http://www.turnbullhill.com.au/?process=views/article.php&articleId=11273 http://www.turnbullhill.com.au/?process=views/article.php&articleId=11273 From 1 July 2010, transitional provisions that are contained within most Modern Awards commence for most national system employers and employees. However, if you have only just become a national system employer from 1 January 2010 as a result of the NSW government handing back its industrial relations powers to the Commonwealth, then you will remain subject to the relevant pre-modern (state) award (now known as a “Division 2B... http://www.turnbullhill.com.au/?process=views/article.php&articleId=11742 http://www.turnbullhill.com.au/?process=views/article.php&articleId=11742 Powers of Attorney are an important and frequently used document…particularly to facilitate the sale of a house to fund nursing home accommodation for the old as their mental capacity deteriorates. This common situation highlights the potential for an Attorney’s decision to undermine the Will of the person giving the Power of Attorney (“the Principal”), and how important it can be for the Principal to... http://www.turnbullhill.com.au/?process=views/article.php&articleId=11234 http://www.turnbullhill.com.au/?process=views/article.php&articleId=11234 Our litigation solicitors are often engaged in trying to solve problems after the event - a little like carefully picking through the wreckage after a car has gone over the cliff. That is also why we have a team of passionately dedicated estate planners. Estate planning is all about creating structures to prevent the car from going over the cliff. It is about seeing problems in the future and putting in place a plan to avoid them for you... http://www.turnbullhill.com.au/?process=views/article.php&articleId=11146 http://www.turnbullhill.com.au/?process=views/article.php&articleId=11146 Consider this hypothetical scenario: Joe, a successful financial advisor, has just completed his 10th year in business. The recent economic recession is looking more distant every day that passes, and experienced financial advisers like Joe are enjoying a steady increase in new clients. However, just as Joe reaches his office one day, a letter arrives. It's from lawyers acting for one of his former clients, Bob Smith. Bob was one of the... http://www.turnbullhill.com.au/?process=views/article.php&articleId=11145 http://www.turnbullhill.com.au/?process=views/article.php&articleId=11145 When debtors are beating on the door, how do directors sleep at night? “Like babies. They wake up in the middle of the night crying and screaming and frequently need a drink”. Of course, there are far more company directors than babies. There are about 2 million company directors in Australia. In my experience, they range from the directors of publicly listed companies at the “big end of town”, to... http://www.turnbullhill.com.au/?process=views/article.php&articleId=11137 http://www.turnbullhill.com.au/?process=views/article.php&articleId=11137 Before you start ripping up the carpets in your home unit, it pays to consult your Strata By-Laws, your Strata Manager and your neighbours. What is yours to change is everything inside your unit that won’t impact upon the neighbours. Walls You may change the appearance of your walls if they cannot be seen from the street; changing the structure of your walls or anything that might impact upon insulation requires that you talk... http://www.turnbullhill.com.au/?process=views/article.php&articleId=11041 http://www.turnbullhill.com.au/?process=views/article.php&articleId=11041 Many of us are very mobile. We may wish to move to a new area for many reasons...work, relationship, lifestyle. This can be a difficulty if you are separated and have children. Let us assume: 1. You have two children. They have always lived in Newcastle. 2. The children live primarily with you. They spend time with the other parent five nights a fortnight. Holiday time is equal. There is no Court order but this arrangement has been in... http://www.turnbullhill.com.au/?process=views/article.php&articleId=11028 http://www.turnbullhill.com.au/?process=views/article.php&articleId=11028 Most consumers of insurance products expect their policy will pay out for a claimable incident which occurs during the policy period - that is, during the period for which premiums are paid. Accordingly, if a fire or accident occurs the day after the policy period ends, it will not be covered under the relevant policy, unless the policy has been renewed. These are examples of occurrence-based insurance. Such insurance is suitable for... http://www.turnbullhill.com.au/?process=views/article.php&articleId=11026 http://www.turnbullhill.com.au/?process=views/article.php&articleId=11026 The recent Administrative Appeals Tribunal of Australia (AAT) decision in the case of Associated Translators and Linguists Pty Limited and Commission of Taxation [2010] AATA 260 has again highlighted the distinction between employees and independent contractors and the cost to business if the incorrect characterisation is made. The Company had treated Mr Sani as an independent contractor. The Commissioner of Taxation initially ruled that Mr... http://www.turnbullhill.com.au/?process=views/article.php&articleId=10954 http://www.turnbullhill.com.au/?process=views/article.php&articleId=10954 Following is an example of how a commonly used term in a Will which on the face of it appears fair, can actually result in very unfair consequences. Patrick and Jane are in their early fifties and have three children aged 26, 21 and 13. They have a Will which makes equal provision for the three children. The eldest child Charles is a qualified accountant. He has just graduated from university. He is in full-time employment earning... http://www.turnbullhill.com.au/?process=views/article.php&articleId=10933 http://www.turnbullhill.com.au/?process=views/article.php&articleId=10933 As a general principle, people, even doctors, cannot be charged or sued for failing to provide first aid treatment to an injured person. However, this general principle has several significant exceptions, which are the subject of this article. In relation to workplaces, section 24(2) of the Occupational Health and Safety Act (NSW) provides that: "A person at a place of work must not, without reasonable excuse, refuse any... http://www.turnbullhill.com.au/?process=views/article.php&articleId=10727 http://www.turnbullhill.com.au/?process=views/article.php&articleId=10727 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. Steven, the worker, was engaged in the IT industry. He went on sick leave in June 2009 and thereafter provided medical certificates in support of his absence, which certificates stated that his absence was due to “a medical... http://www.turnbullhill.com.au/?process=views/article.php&articleId=10718 http://www.turnbullhill.com.au/?process=views/article.php&articleId=10718 If you supply goods and services based on receipt of a written Purchase Order, make sure you understand and are comfortable with agreeing to the terms of the Purchase Order. The Purchase Order can set out the terms of your supply if you let it - and the chances are the terms will be to the advantage of your customer, not you. This is a very basic example, but let's assume a customer of yours provides you with a written Purchase Order as... http://www.turnbullhill.com.au/?process=views/article.php&articleId=10692 http://www.turnbullhill.com.au/?process=views/article.php&articleId=10692 careful consideration by you and an Estate Planning and Complex Wills specialist will We have all had the experience of having to paint a room, a shed, a cupboard or a house. There are any number of short cuts: • Don’t prepare the surface properly (it’s too hard); • Buy cheap paint; • Only put one coat on; • Don’t use precautions such as masking tape (that’s too... http://www.turnbullhill.com.au/?process=views/article.php&articleId=10691 http://www.turnbullhill.com.au/?process=views/article.php&articleId=10691 There has been a recent decision in the Supreme Court of New South Wales in Bellissimo v. JCL Investments Pty Limited [2009] NWSC 1260 (2 November 2009) which examined the extent to which a consent, given in a document,  to lodgement of a Caveat establishes a caveatable interest of the Caveator (that is, the person claiming an interest in another's property). In the decision it was acknowledged that historically there have been... http://www.turnbullhill.com.au/?process=views/article.php&articleId=10661 http://www.turnbullhill.com.au/?process=views/article.php&articleId=10661 Recent statistics show that over 15 percent of drink-drivers return to court for another drink-driving offence within five years (Bureau of Crime Statistics and Research, NSW, 9 December 2009). In many cases, the second offence is committed just a few months after the driver has regained his or her driver licence following disqualification for the first offence. Such drivers pose a serious risk to themselves and other road-users. However,... http://www.turnbullhill.com.au/?process=views/article.php&articleId=10588 http://www.turnbullhill.com.au/?process=views/article.php&articleId=10588 All competent truckies know that overloading is a serious offence, but some drivers and truck operators are surprised to discover just how big the fines can be in some instances. The RTA's Heavy Vehicle Driver Handbook notes that it is the operator's responsibility to make sure the mass limit for a vehicle is not exceeded, and that the penalty for overloading a vehicle "may exceed $2,200 for an individual and $11,000 for a... http://www.turnbullhill.com.au/?process=views/article.php&articleId=10578 http://www.turnbullhill.com.au/?process=views/article.php&articleId=10578 Parents, quite understandably, want to encourage and support their offspring. Sometimes that involves financial assistance being provided to adult children in the form of a loan. Unfortunately, many arrangements like this are poorly documented, and may cause great anguish later on, particularly if one of those adult children becomes sick, dies unexpectedly, is adjudged bankrupt, or is affected by a relationship breakdown. For example: - If... http://www.turnbullhill.com.au/?process=views/article.php&articleId=10577 http://www.turnbullhill.com.au/?process=views/article.php&articleId=10577 The Supreme Court has once again revisited the subject of restraint of trade clauses in employment contracts. The result has not been encouraging for employers in professional services firms wishing to protect their hard earned investment in good will against the ravages of former employees who leave and compete in business against their former bosses. On 1st March, 2010, the Court delivered its judgment in the case of Stacks/Taree v... http://www.turnbullhill.com.au/?process=views/article.php&articleId=10576 http://www.turnbullhill.com.au/?process=views/article.php&articleId=10576 Patrick and Jane are in their early fifties and have three children aged 26, 21 and 13. They have a Will which makes equal provision for the three children. The eldest child Charles is a qualified accountant. He has just graduated from university. He is in full-time employment earning $50,000.00 per year. The middle child Anne is a second year university student and has two years to complete her economics degree. The youngest child Clare... http://www.turnbullhill.com.au/?process=views/article.php&articleId=10498 http://www.turnbullhill.com.au/?process=views/article.php&articleId=10498 and drafting complex wills…because if you get your Will wrong it could cost your family dearly George and Mildred owned a house at Charlestown. They attended their solicitor to have their Wills drafted. The solicitor didn’t find out enough about George and Mildred’s circumstances to be able to properly recommend the best Wills for their situation. The solicitor didn’t ask any questions about their... http://www.turnbullhill.com.au/?process=views/article.php&articleId=10453 http://www.turnbullhill.com.au/?process=views/article.php&articleId=10453 Important clarification about Newcastle Show Holiday for those who were NSW state system employers as at 31 December 2009 I refer to the email I sent you yesterday about Newcastle Show Holiday. I understand (although I have not been able to confirm) there may be pending a decision of one of the industrial tribunals which could impact upon the obligations in relation to Newcastle Show Holiday of those employers who were NSW state system... http://www.turnbullhill.com.au/?process=views/article.php&articleId=10433 http://www.turnbullhill.com.au/?process=views/article.php&articleId=10433 Newcastle Show Holiday is Friday 26 March and I thought you might like to know what the current legal position is in relation to it. Two significant events occurred during December and January, which have yet again changed the industrial landscape for NSW employers. In December, the NSW Parliament referred its industrial powers to the Federal Parliament – this means all private sector NSW employers and employees previously... http://www.turnbullhill.com.au/?process=views/article.php&articleId=10048 http://www.turnbullhill.com.au/?process=views/article.php&articleId=10048 Recently I saw the sad consequences of someone not dealing properly in their Will with their jointly owned real estate. I think most people these days are aware that you can own real estate with someone else in two ways – as a joint tenant, or as a tenant in common. Most people are probably also aware that if you own real estate as a joint tenant, you can’t gift your interest in your Will – as, on your death,... http://www.turnbullhill.com.au/?process=views/article.php&articleId=9881 http://www.turnbullhill.com.au/?process=views/article.php&articleId=9881 Did you know that some types of assets are not usually able to be distributed in accordance with the terms of your Will. One of these assets is your Superannuation. You might ask, well what happens to my Superannuation upon my death? The answer is that it is distributed in accordance with the Trust Deed that governs your superannuation fund. The Trust Deed will usually allow you to put into effect a Nomination of Beneficiary Form, which... http://www.turnbullhill.com.au/?process=views/article.php&articleId=9844 http://www.turnbullhill.com.au/?process=views/article.php&articleId=9844 I recently spoke to a client who is the owner of a commercial warehouse that he had leased out to a tenant some time ago. The tenant was in substantial arrears of rent and outgoings (electricity, water, council rates, insurance, etc). Our client wanted to put in place a written Lease Agreement - unfortunately, at the time of leasing the premises to the tenant, our client failed to put in place a formal written lease agreement. Not... http://www.turnbullhill.com.au/?process=views/article.php&articleId=8907 http://www.turnbullhill.com.au/?process=views/article.php&articleId=8907 1. See your advisors early Many vendors leave their run far too late when it comes to involving their professional advisors in the sale process. Your lawyer can assist in providing initial structure advice, preparing a good confidentiality deed prior to negotiating with potential purchasers and providing guidance during the negotiation period on issues such as employment, contract transfers, lease issues, tax law and stamp duty related... http://www.turnbullhill.com.au/?process=views/article.php&articleId=9631 http://www.turnbullhill.com.au/?process=views/article.php&articleId=9631 The last of the series of emails relating to teh National Employment Standards (NES). The 6th NES - Community service leave You must allow your employees leave to engage in eligible community service activity. Eligible community service activity includes: a) jury service; and b) voluntary activity that involves dealing with an emergency or natural disaster, when requested to do so by a recognised emergency management body, or if the... http://www.turnbullhill.com.au/?process=views/article.php&articleId=9629 http://www.turnbullhill.com.au/?process=views/article.php&articleId=9629 Under the law of New South Wales (NSW), Police may enter a home or other premises if they have a search warrant, and may also enter premises without a warrant if they believe someone there has suffered a significant physical injury, or is in imminent danger of significant physical injury, or that entry into the premises is necessary to prevent a breach of the peace. If they have a search warrant, other than a covert search warrant, Police... http://www.turnbullhill.com.au/?process=views/article.php&articleId=9630 http://www.turnbullhill.com.au/?process=views/article.php&articleId=9630 The Infant Protection Act 1904 contained the first statutory reference in New South Wales, Australia (NSW), to a "Children's Court", although it was not until the following year that further legislation, the Neglected Children and Juvenile Offenders Act 1905, defined the jurisdiction of the Children's Court at that time. Now, in 2009, there are six permanent Children's Courts in NSW, but Children's Magistrates conduct... http://www.turnbullhill.com.au/?process=views/article.php&articleId=9416 http://www.turnbullhill.com.au/?process=views/article.php&articleId=9416 Under the National Employment Standards (NES), from 1 January 2010 your full time employees will accrue 10 days of paid personal/carer’s leave (which includes sick leave) per year. Personal/carer’s leave can be taken when your employee is ill or has suffered an injury, or if your employee needs to provide care and support to a member of their immediate family or household. Immediate family means a spouse, de facto... http://www.turnbullhill.com.au/?process=views/article.php&articleId=8930 http://www.turnbullhill.com.au/?process=views/article.php&articleId=8930 Introduction Many businesses categorise themselves as suppliers – suppliers of raw products, finished goods or even services.  Fewer businesses categorise themselves as receivers of goods or services. It follows that a large proportion of businesses pay attention (in varying degrees) to their supply terms, whether they are “standard” terms of trade documents which are generic and used for each... http://www.turnbullhill.com.au/?process=views/article.php&articleId=9277 http://www.turnbullhill.com.au/?process=views/article.php&articleId=9277 The fourth of the Federal System's National Employment Standards (NES) relates to Annual Leave. The entitlement is four weeks' Annual Leave (five weeks if the employee is a shift worker). Paid annual leave is accrued progressively during a year of service on the basis of ordinary hours worked. When one of your employees is on Annual Leave, you must pay them at their base rate of pay for their ordinary hours of work in the period.... http://www.turnbullhill.com.au/?process=views/article.php&articleId=9136 http://www.turnbullhill.com.au/?process=views/article.php&articleId=9136 The second of the National Employment Standards (NES) provides that if you employ a parent who has responsibility for the care of a child that is under school age, or under 18 and has a disability, the parent may request you allow for a change in working arrangements to assist the parent to care for the child. The request can only be made by the parent if s/he has completed at least 12 months of continuous service with you (and if they are a... http://www.turnbullhill.com.au/?process=views/article.php&articleId=9092 http://www.turnbullhill.com.au/?process=views/article.php&articleId=9092 A ruling in a September Court case provides an example of what constitutes "reasonable additional hours". This case is useful in getting an understanding of what "reasonable additional hours" means. Notwithstanding the Law will change from 1 January 2010. Note: If you are a national system employer, under current law you cannot ask your full-time employees to work unreasonable additional hours in excess... http://www.turnbullhill.com.au/?process=views/article.php&articleId=9137 http://www.turnbullhill.com.au/?process=views/article.php&articleId=9137 The 3rd National Employment Standard (NES) provides for at least 12 months unpaid parental leave for your full-time employees who have worked in your business for at least 12 months, and for your long term casual employees who would have an ongoing expectation of employment. Note, this NES is extended to apply to State System employees as well as Federal System employees. The NES provide the statutory minimum entitlements which will become... http://www.turnbullhill.com.au/?process=views/article.php&articleId=8931 http://www.turnbullhill.com.au/?process=views/article.php&articleId=8931 The 1st of the National Employment Standards (NES) is that which provides that the maximum weekly hours are 38 hours for full-time employees (or if the employee works less than 38 hours per week, then their ordinary hours of work in a week), subject to reasonable additional working hours. The NES does not restrict the period over which hours can be averaged if done via a modern award or enterprise agreement...otherwise hours can only be... http://www.turnbullhill.com.au/?process=views/article.php&articleId=8881 http://www.turnbullhill.com.au/?process=views/article.php&articleId=8881 Reflecting on recent matters where Turnbull Hill Lawyers have acted on the sale of businesses, we’ve noticed that many business owners place their business on the market, and even accept offers to purchase the business, without giving enough thought to some important factors which can seriously affect the funds they receive. When calculating a sale price or later negotiating with purchasers, vendors of course usually consider... http://www.turnbullhill.com.au/?process=views/article.php&articleId=8913 http://www.turnbullhill.com.au/?process=views/article.php&articleId=8913 Buying a franchise or franchising your business is a major business decision and, although it is a rapidly expanding means of doing business in Australia, franchising is not a guarantee of success. The commitment in capital and borrowing is often significant and there are many important considerations that should not be overlooked. Successful franchising combines the skills and experience of the franchisor, the entrepreneurial skills and... http://www.turnbullhill.com.au/?process=views/article.php&articleId=8891 http://www.turnbullhill.com.au/?process=views/article.php&articleId=8891 There has recently been a major change to the NSW Workers Compensation Laws which relates to workers killed at work...which makes it even more crucial that every worker makes a Will... Under the old Law, if a worker was killed at work, and they had financial dependants - ie a spouse or school aged children - those dependants would have shared in a lump sum payment of about $330,000...under the new Law they will share in about... http://www.turnbullhill.com.au/?process=views/article.php&articleId=10899 http://www.turnbullhill.com.au/?process=views/article.php&articleId=10899 This regime will affect all tax and BAS agents providing tax agent or BAS services. This includes, but is not limited to persons providing tax advice, ascertaining tax liabilities, entitlements or obligations and representing clients in dealings with the Commissioner. This will affect accountants, bookkeepers and some lawyers. The new regime is intended to ensure that tax agent services and BAS services provided to taxpayers are of an... http://www.turnbullhill.com.au/?process=views/article.php&articleId=8935 http://www.turnbullhill.com.au/?process=views/article.php&articleId=8935 This is designed to provide general information only. If specific legal advice is required, the services of a competent legal advisor should be sought. You don’t have to go with the Police to a Police Station (unless you’ve been arrested and informed of the charge or have given a positive reading on a roadside breath test). take part in a Police line-up or in any recorded interview. provide a... http://www.turnbullhill.com.au/?process=views/article.php&articleId=8929 http://www.turnbullhill.com.au/?process=views/article.php&articleId=8929 Written by Adrian Corbould - The Supreme Court’s relatively new Practice Note relating to deceased estate disputes has been in place for the past three months, having taken effect from 1 June 2009. We have observed over the past months that the Court's desired aim of reducing the costs and running time of such matters is quickly taking effect. If you take instructions in these types of matters there are a number of changes... http://www.turnbullhill.com.au/?process=views/article.php&articleId=8928 http://www.turnbullhill.com.au/?process=views/article.php&articleId=8928 Written by Natalie Darcy - A person dies “intestate” if they die without leaving a valid Will. Commonly, people die intestate in the following circumstances: 1. If they have never made a Will. 2. If they have made a Will, but later revoke it without making a replacement Will. 3. If they have made a Will, but married after the Will was made, in which case, the Will is usually revoked. 4. If they have attempted to... http://www.turnbullhill.com.au/?process=views/article.php&articleId=8927 http://www.turnbullhill.com.au/?process=views/article.php&articleId=8927 Written by Graeme Jensen - If you’re a member of a community or recreational organisation (a not for profit or otherwise) or if you know someone who is, and that organisation occupies land leased from the Crown, this will be of interest. Recently we were instructed to act for such an organisation. The organisation has received a notice from a local council notifying it that the Council has levied rates in respect of... http://www.turnbullhill.com.au/?process=views/article.php&articleId=8916 http://www.turnbullhill.com.au/?process=views/article.php&articleId=8916 Written by Gavin Hanrahan, Partner - The 1st of the National Employment Standards (NES) is that which provides that the maximum weekly hours are 38 hours for full-time employees (or if the employee works less than 38 hours per week, then their ordinary hours of work in a week), subject to reasonable additional working hours. The NES does not restrict the period over which hours can be averaged if done via a modern award or enterprise... http://www.turnbullhill.com.au/?process=views/article.php&articleId=8914 http://www.turnbullhill.com.au/?process=views/article.php&articleId=8914 Written by Adrian Corbould - THE NSW Supreme Court has recently introduced new rules to simplify deceased estates disputes, with the expectation of these measures to cut costs and finalise will challenges more rapidly. Some of the changes include online eCourt determination of progress orders, compulsory mediation, and a standard affidavit for applications brought under the Family Provision Act and the Succession Act. The NSW Supreme... http://www.turnbullhill.com.au/?process=views/article.php&articleId=8911 http://www.turnbullhill.com.au/?process=views/article.php&articleId=8911 Written by Warwick Gilbertson, Partner - Most family businesses are operated within complex structures such as family trusts or companies...and often a combination of these. Most of these structures still provide potential tax benefits and other important benefits such as asset protection for key family members in the business. Lately, there has also been rapid growth in the use of self-managed super funds for family... http://www.turnbullhill.com.au/?process=views/article.php&articleId=8910 http://www.turnbullhill.com.au/?process=views/article.php&articleId=8910 Written by John Teague, Partner - Most people are aware of the importance of having an up-to-date Will which expresses their current wishes in relation to who gets what when they die. In many cases, you can save your beneficiaries a lot of money by having a Will which is tax effective. These types of Wills normally cost more than a “regular” Will because they contain detailed provisions which create a Trust called a... http://www.turnbullhill.com.au/?process=views/article.php&articleId=8909 http://www.turnbullhill.com.au/?process=views/article.php&articleId=8909 Written by John Woodward, Partner - To every lawyer who comes under my supervision, I commence our working relationship by giving a little address. I say that the single most important weapon in the armoury of a good lawyer is the ability to communicate effectively – both in writing as well as in the spoken word. In fact, I would like to suggest in this article that the ability to communicate effectively is an important asset not... http://www.turnbullhill.com.au/?process=views/article.php&articleId=8908 http://www.turnbullhill.com.au/?process=views/article.php&articleId=8908 Written by John Woodward, Partner - The Supreme Court of New South Wales has delivered a further reminder to banks and other secured lenders that, when considering loan applications, they must have regard to more than just the value of the property being offered as security. In Permanent Trustee Australia Limited - v – Grusevski [2005] NSWSC 1281 the Court set aside a mortgage notwithstanding its finding that, at the time she...