http://www.turnbullhill.com.au/ Turnbull Hill Lawyers Articles 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=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=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=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=8912 http://www.turnbullhill.com.au/?process=views/article.php&articleId=8912 Written by Evan Walker - 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... 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...