Residential Tenancy Laws Are Changing – Part Two
Robert Lindsay is a Director at Mullane & Lindsay in Newcastle and leads our Commercial and Property Law Team.
In last week’s article, we commenced examining the key changes under the new residential tenancy laws which will commence on 31 January 2011 with commencement of the Residential Tenancies Act 2010 (“the Act”).
According to the NSW Office of Fair Trading, the key changes under the new residential tenancy laws also include:- Read the rest of this entry »
Residential Tenancy Laws Are Changing – Part One
Robert Lindsay is a Director at Mullane & Lindsay in Newcastle and leads our Commercial and Property Law Team.
New laws for residential tenancies will commence on 31 January 2011 with commencement of the Residential Tenancies Act 2010 (“the Act”). This is the first revamp of residential tenancy laws in NSW for more than 20 years and implements key reforms affecting both landlords and tenants. Read the rest of this entry »
When “PUBLIC” Information is Deemed Confidential
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
The Federal Court considered a dispute about the use of “confidential” information in the case of Prime Creative Media Pty Limited v Vrankovic in 2009.
Prime Creative Media (PCM) was a marketing/publishing company. The defendant was a former employee who, whilst working for PCM, became aware of information about PCM’s business contacts from sources such as business cards that were provided by contacts. Unsurprisingly, PCM also created its own database including details of clients and contacts. Read the rest of this entry »
Changing a Child’s Name
By Ashleigh John
Ashleigh John is a Solicitor at Mullane & Lindsay in Newcastle and specialises in our Family, Relationship and Matrimonial Law Team
Parents can consent to change their child’s name but what happens if one parent wants to change a child’s name and the other parent doesn’t agree? Sometimes the issue arises when a parent has been using a name for the child that is different from the name recorded on the child’s birth certificate and, when it comes time to enrol the child at school, the school requires the child to be recorded on the school records in the name shown on the child’s birth certificate. Read the rest of this entry »
Can a Parent be Ordered to Immunise a Child?
By Vivien Carty
Vivien Carty is a Solicitor at Mullane & Lindsay in Newcastle and specialises in our Family, Relationship & Matrimonial Law team.
There is no compulsion for children to be immunised inAustralia, other than in circumstances where a Court orders immunisation. Sometimes parents are unable to agree on whether their child should be immunised. Where an Application is made under the Family Law Act for an Order in relation to immunisation of a child the Court, having regard to the best interests of the child in the particular case, may order that the child be immunised. Read the rest of this entry »
Budget Announcement to Strengthen Compliance for Child Support
By Mark Sullivan
Mark Sullivan is a Director at Mullane & Lindsay in Newcastle and leads our Family, Relationship & Property Law team.
The Federal Government will change the method under which a Child Support payer’s income is assessed to more accurately reflect their actual income. The changes will take effect from 1 July 2011 and will only apply to those payers who have not lodged a tax return for two or more years. Read the rest of this entry »
SUPERANNUATION – Binding Death Nomination
By Robert Lindsay
Robert Lindsay is a Director at Mullane & Lindsay in Newcastle and leads our Commercial & Property Law team.
It is prudent for a member of a Superannuation Fund to file a binding death benefit nomination if at all possible. This ensures that his or her Superannuation benefits are paid in accordance with the wishes of the member after death. Before doing so, a member should check with his or her fund to ensure that there is provision in the rules of the Superannuation Fund for the filing of a nomination. The nomination removes the discretion of the trustees, as the trustee must pay the Superannuation in accordance with the nomination. To be effective, the binding death benefit must: Read the rest of this entry »
SUPERANNUATION – Who Gets It?
By Robert Lindsay
Robert Lindsay is a Director at Mullane & Lindsay in Newcastle and leads our Commercial & Property Law team.
A person’s Superannuation is often substantial and sometimes even a person’s largest asset. However, many people are under the misunderstanding that when they die, their Superannuation will pass under the terms of their Will. This is not correct.
Each Superannuation Fund has a trustee and the trustee of the Fund determines who receives the Superannuation after the owner of the Superannuation dies. The trustee is bound to take into consideration, the terms of the Superannuation Trust Deed and the relevant legislation. However, the trustee is not bound to take notice of the deceased’s Will. You may well ask the question “How do I ensure my Superannuation goes to the person (or persons) of my choosing?”. Read the rest of this entry »
SUPERANNUATION – Who Should Benefit On Death?
By Robert Lindsay
Robert Lindsay is a Director at Mullane & Lindsay in Newcastle and leads our Commercial & Property Law team.
If a member of a Superannuation Fund chooses to file a binding death benefit nomination then the member can only nominate one or more dependents (as defined in the legislation) or the member’s legal personal representative. A dependent includes a spouse of the member, any child of the member and any person with whom the member has an interdependency relationship. An interdependency relationship between 2 persons exists if: Read the rest of this entry »
The Ins & Outs of Applying for Divorce
By Ashley Stevens
Ashley Stevens is a Solicitor at Mullane & Lindsay in Newcastle and specialises in our Family, Relationship and Matrimonial Law Team
Unfortunately, marriages break down all too often in today’s society. The finalisation of a marriage breakdown usually involves the parties to the marriage making an application to the Court for a divorce.
So when can you apply to the Court for a divorce, and how do you do it? Read the rest of this entry »
Bequests of Real Estate in Wills
By Sally Davies
Sally Davies is a Solicitor at Mullane & Lindsay in Newcastle and specialises in our Commercial, Property & Estates Law Team
Care should be exercised when including a specific gift of real estate in a Will, with particular attention paid to what should happen to the bequest in the event that the property is sold and the proceeds of sale used to fund alternative accommodation. Read the rest of this entry »
Accommodation Bonds in Nursing Homes
By Sally Davies
Sally Davies is a Solicitor at Mullane & Lindsay in Newcastle and specialises in our Commercial, Property & Estates Law Team
When a resident of an aged care facility dies, the facility must refund the accommodation bond to the resident’s Estate. The bond will then be distributed in accordance with the resident’s Will.
If the money for the accommodation bond has been paid by the resident, then so long as their Will is up to date this usually won’t create any problems. However, if the bond has been paid by somebody other than the resident, the money may not end up going to whom it was intended. Read the rest of this entry »
The NSW Public Holidays Act
By Sally Davies
Sally Davies is a Solicitor at Mullane & Lindsay in Newcastle and specialises in our Commercial, Property & Estates Law Team
The Public Holidays Act 2010 commenced on 31 December 2010, replacing the old Bank and Bank Holidays Act. This is an attempt to clarify what is an often confusing area, particularly what happens in the event that a particular Public Holiday falls on a Saturday or Sunday. Read the rest of this entry »
Abolition of Torrens Assurance Levy
By Sally Davies
Sally Davies is a Solicitor at Mullane & Lindsay in Newcastle and specialises in our Commercial, Property & Estates Law Team
The NSW Government has abolished the controversial Torrens Assurance Levy from 1 July 2011.
This levy was introduced by the previous government on 1 July 2010, and was imposed on all property transactions over $500,000. The amount payable was determined on a sliding scale according to the purchase price, and was up to 0.25% of the value of the property being transferred. Read the rest of this entry »
Regional Relocation Scheme
By Sally Davies
Sally Davies is a Solicitor at Mullane & Lindsay in Newcastle and specialises in our Commercial, Property & Estates Law Team
The NSW Government’s Regional Relocation Scheme commenced on 1 July 2011 and will operate for 4 years.
Under this scheme, purchasers can receive a one-off payment of $7,000 for relocating from their metropolitan home to a regional home. The grant can only be received once, and does not apply to the purchase of vacant land. Read the rest of this entry »
Senior’s Principal Place of Residence Exemption
By Sally Davies
Sally Davies is a Solicitor at Mullane & Lindsay in Newcastle and specialises in our Commercial, Property & Estates Law Team
On 1 July 2011, the NSW Government extended the Seniors Principal Place of Residence Duty Exemption to persons aged 55 years or older (previously 65 years or older).
Seniors who purchase a new home, or who make an off the plan purchase when construction has commenced, may be entitled to a full stamp duty exemption of under the Seniors Principal Place of Residence Duty Exemption under section 87A of the Duties Act 1987. Read the rest of this entry »