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Written on Tuesday, 31st August, 2010
The Queensland Treasurer, Andrew Fraser, has confirmed that the state government will not allow licensed conveyancers to operate in Queensland.
The Treasurer said, "...the Queensland government previously considered whether to licence conveyancers as part of the National Competition Policy Review of the Legal Profession Legislation. It was decided not to licence conveyancers in Queensland and not to allow licensed conveyancers from other jurisdictions to operate in the state."
The Government's decision has ramifications for licensed conveyancers who operate from New South Wales conducting or acting on behalf of clients in Queensland conveyancing transactions. This subject has been discussed at some length previously when the Australian Institute of Conveyancers warned its members that they may not be covered by professional indemnity insurance if conveyancers acted in Queensland transactions.
The latest position of the government is sure to ignite the usual debate about the shortfalls of using a conveyancer as opposed to lawyers. Many consumers feel that conveyancing work is merely "paperwork" which can be done by conveyancers more cheaply. The reality is that people are usually making the largest investment of their lives in purchasing and selling their property. It would seem prudent to obtain proper legal advice and have a lawyer act on your behalf in relation to this transaction. Consumers appear to be prepared to risk having the transaction done properly for the sake of a couple of hundred dollars.
There are several licensed conveyancers who operate on the New South Wales side of the border and continue to carry out Queensland conveyancing transactions. No doubt these matters will be referred to the Legal Services Commission in Queensland and/or the Department of Fair Trading. It appears there is also some doubt as to whether licensed conveyancers' professional indemnity insurance will cover them for operating in Queensland, given that the state government refuses to ratify their credentials or their ability to legally operate within the state.
This also raises important issues for real estate agents who refer their clients to licensed conveyancers for Queensland property transactions. If a referral is made to a licensed conveyancer by the real estate agent, and a mistake is made by the conveyancer resulting in a claim for damages being made by the client, it is possible that the clients will sue the real estate agent (particularly if the licensed conveyancer does not have professional indemnity insurance because of the issues raised above).
Should you require any further information in relation to this issue, please do not hesitate to contact our Property and Commercial Department Manager, Christine Martin on 07 5506 8245 or Freecall 1800 621 071 or email cmartin@attwoodmarshall.com.au.
Visit our Conveyancing web-page for more information and articles. We have a specialist Conveyancing team that has senior commercial lawyers, licenced conveyancers and highly trained and supervised paralegals to get the job done.
With three offices conveniently located at Robina, Coolangatta - Tweed and Kingscliff, you can also visit us an office near you.
Written on Monday, 30th August, 2010
A Reply to the Defence was filed by the Plaintiff in the Brisbane Supreme Court Registry on 26 August 2010.
To view a copy of this document please click on the link below.
Reply to the Defence - Clasul Pty Ltd v The Government
Should you require any further information in relation to this matter, please do not hesitate to contact our Lauren Magasdi on 07 5506 8253 or 1800 621 071 or email lmagasdi@attwoodmarshall.com.au.
Why not complete our EI Class Action Questionnaire and have us contact you today!
With three offices conveniently located at Robina, Coolangatta - Tweed and Kingscliff, you can also visit us an office near you.
Written on Wednesday, 25th August, 2010
An amendment to the Building Act 1975 Qld was introduced into Parliament last week which will require a seller of residential property to provide a purchaser with a swimming pool safety certificate prior to settlement. If the seller does not obtain the certificate, there is a prescribed form to be given to the purchaser.
If the seller does not supply a valid swimming pool safety certificate, the purchaser of the property will have 90 days to obtain the certificate.
Residential property owners who lease their properties to tenants will also be required to have a valid swimming pool safety certificate in place prior to entering into any Tenancy Agreement. There are also requirements in relation to properties with shared swimming pools and bodies corporate.
There is no commencement date that has been agreed to yet, but the Premier has stated publicly that she would like the laws to commence on 1 December 2010.
Whilst it would not appear that there are any drastic ramifications that will apply to contracts for sale, there will no doubt be penalties, costs, and other issues for sellers to consider if they have a residential property which includes a swimming pool. Naturally, most purchasers would prefer that the swimming pools are compliant with the legislation and will require a safety certificate so they do not have to worry about the cost of compliance in the future.
Real Estate Agents will need to alert their vendors about the proposed legislation and keep an eye on the commencement date of the Amendment Act. Property Letting Agents will also need to prepare their landlords to obtain the safety certificates in order for them to continue leasing their properties to tenants.
The legislation will probably give bodies corporate a two year time frame to comply with the legislation. This has not been confirmed and more will be known when the commencement date of the Act has been proclaimed by Parliament.
Should you require any further information in relation to this issue, please do not hesitate to contact our Property and Commercial Department Manager, Christine Martin on 07 5506 8245 or Freecall 1800 621 071 or email cmartin@attwoodmarshall.com.au.
Visit our Conveyancing web-page for more information and articles. We have a specialist Conveyancing team that has senior commercial lawyers, licenced conveyancers and highly trained and supervised paralegals to get the job done
With three offices conveniently located at Robina, Coolangatta - Tweed and Kingscliff, you can also visit us an office near you.
Attwood Marshall Lawyers
Northern NSW, Gold Coast, Coolangatta, Robina and Queensland
Written on Tuesday, 17th August, 2010
JOINT TENANCY
Most couples own their principal place of residence as joint tenants. This means that if one person dies, their notional half share of the property passes automatically to the surviving joint tenant without reference to their Will. All that is required to transfer the property into the name of the surviving partner or spouse is to file a Notice of Death and the Death Certificate. The same applies to joint bank accounts, jointly owned shares and most other jointly owned assets.
TENANTS IN COMMON IN EQUAL SHARES
If you own your home as tenants in common in equal shares, this allows you to deal with your half share of the property in accordance with your Will. This means that you can create a life interest in your half share of the property and leave this to your spouse or partner for their use during their life time and then it will pass to your children or whoever you wish to nominate as the designated beneficiary. Not only is this a good way of ensuring that the asset passes on to who you want it to go to, it also protects your surviving spouse or partner from predators and creditors who may come out of the woodwork after you have died.
HOW DOES THE LIFE INTEREST OR RIGHT TO OCCUPY WORK?
The terms of the life interest or right to occupy that you leave to your surviving spouse or partner can be as simple or as complicated as you wish them to be. Generally, it is wise to allow the property to be sold and the proceeds used to purchase another home, depending on the circumstances of your spouse or partner. For instance, they may wish to move into a smaller home or unit after you pass away or they may wish to move into a retirement village, depending on their age and health. You can provide in the life interest (which is contained in your Will) that your spouse or partner may deal with the property along these lines, provided they do not diminish the value of the half interest which you have left to them. It is a good idea to appoint your executors as co-trustees with your surviving spouse or partner to ensure that the terms of the life interest are honoured.
STEPS TO CREATE THE LIFE INTEREST
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Provide us with the instructions to sever the joint tenancy and incorporate this into your Will
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Provide us with details of the property and full names of the joint tenants
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Sign the necessary documentation so that the transfer severing the joint tenancy can be registered
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Sign your Wills
For any enquiries regarding Attwood Marshall’s Will and Estate Administration Department, please contact the Department Manager Lesley Barnes, on direct line (07) 5506 8241 or by email on lbarnes@attwoodmarshall.com.au.
With three offices conveniently located at Robina, Coolangatta - Tweed Heads and Kingscliff , you can also visit an office near you.
View the key people in our Wills and Estates Department.
Written on Tuesday, 17th August, 2010
Changes to Laws Relating to De Facto Relationships
On 1 March 2009 the laws relating to De Facto Relationship couples were changed so that the de facto relationship couples separating after 1 March 2009 are no longer dealt with by the State Courts but rather they are now dealt with under Commonwealth Legislation, being the Family Law Act and such matters are now being heard by the Federal Courts, namely the Family Court of Australia and the Federal Magistrates Court of Australia.
This is good news for many people in De Facto Relationships as their matters will now be dealt with in a similar manner to those of married couples.
What is a De Facto Relationship?
A de facto relationship will exist where parties have a relationship as a couple living together on a genuine domestic basis and are not legally married to each other or related.
This is a wide definition and means that a de facto relationship can exist:-
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Between two persons of different sexes- such as a man and a woman;
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Between two persons of the same sex- so gay couples;
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Where one person is legally married to someone else or is in another de facto relationship.
This means that the legislation will apply for example where someone is married and they are also having a de facto relationship with another person who could be a person of either sex. So it covers a variety of situations.
How To Determine Whether a De Facto Relationship Exists
It is not uncommon for one party to assert that they are in a de facto relationship and for the other party to deny such relationship.
To determine whether a de facto relationship exists the court will look to a number of criteria, including:
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The duration of the relationship
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Whether a sexual relationship exists
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The reputation and public assets of the relationship-such as if the parties go out together as a couple etc.
Time Limits
The most common question we are asked is “How long do I have to live with someone before the De Facto laws apply?”
The answer to that question is this:-
The Court can only make Orders in relation to property proceedings in respect to a de facto couple where:-
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The period or the total of the periods of the de facto relationship is at least two (2) years. Therefore, if you have been living with someone and there have been periods of separation-as long as the total period adds up to two (2) years then the laws will apply; OR
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There is a child of the de facto relationship – therefore, the laws will apply even if the parties to the relationship have not lived together for two (2) years if they have had a child together; OR
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The party substantially contributed to any property and a failure to make an order would cause a serious injustice – therefore, if a party has made a substantial financial contribution or otherwise to some of the property of the other party then the laws may apply.
You will note that the length of time the relationship is not the sole criteria and the de facto laws may still apply even where the parties have not lived together for that two (2) year period.
Financial Matters Relating to De Facto Relationships?
If a de facto relationship exists and the parties have lived together for at least two (2) years (or had a child etc) then what can the Court do in relation to the assets of the de facto relationship couple?
After the breakdown of a de facto relationship, the court may make such order as it considers appropriate.
This is a wide term but it includes:
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Altering the party’s interest in property - For example: If property is registered only in one party’s name the court can make an order that the property be transferred to the other or be sold etc to ensure the other party receives their share in that property.
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Spousal Maintenance Orders;
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Splitting of Superannuation interest – For example, part of one party’s superannuation interest may be transferred to the other party;
Time Limits for Bringing an Application
An application can only be brought in a de facto matter with respect to issues involving property if the application is made within two (2) years after the end of the de facto relationship.
If a party wishes to bring an application after this two (2) year period that party must seek the court’s consent to bring the application. That consent may be given if the court is satisfied hardship will be caused to the party.
Attwood Marshall can assist you in relation to all of the issues arising from De Facto Relationships, including providing advice, preparing financial agreements or consent Orders and bringing applications before the Court.
Readers are reminded that the purpose of this article is to provide general information only and is not to be taken as a substitute for independent legal advice.
Should you require any further information in relation to this issue, please do not hesitate to contact our Family Law Department Manager, Lesley Barnes on 07 5506 8241.
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Written on Tuesday, 10th August, 2010
The changes are made by the Superannuation Industry (Supervision) Amendment Act 2010.
The highlights of the changes to the law are:
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the name for SMSF borrowing arrangements has changed from “Instalment Warrant Borrowing arrangements” to “Limited Recourse Borrowing arrangements”;
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the SMSF can use the borrowed money to meet expenses that are intrinsically linked to the purchase of the asset, for example: conveyancing fees, stamp duty, brokerage or loan establishment costs. Previously, it was uncertain whether the money could be used for those expenses;
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the concept of 'single acquirable asset' has been clarified, and narrowed, in relation to shares etc.; and
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the SMSF can refinance its borrowing.
The new law will not apply retrospectively to existing arrangements. However, it will apply to any existing arrangements if those arrangements:
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are refinanced; or
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are varied to the extent that the original borrowing arrangement has effectively been rescinded or replaced for example by a change of terms and conditions in the lending.
The new rules also add some new restrictions:
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the rights of any person (not just the lender's) against the super trustee in relation to a super borrowing arrangement are limited to rights relating to the original asset purchased; and
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the only security which can be given or held over the original asset by the lender must be one which is associated with the direct borrowing arrangement.
Personal guarantees
Several providers of limited recourse borrowing arrangements are requiring trustees, or third parties such as fund members, to provide guarantees of the borrowing to underwrite the lender’s risk from the limited recourse nature of SMSF borrowing arrangements.
The law does not prevent a lender exercising rights under a guarantee given by a third party, since the lender’s rights under such guarantees are not rights against the trustee of the fund. Accordingly, the lender has rights against the guarantor’s assets if there is a default on the borrowing.
The guarantor subsequently has a common law right to recover losses (which may exceed the value of the asset which was the subject of the borrowing) from the principal debtor - the trustee - and the trustee may then arguably seek indemnity out of the fund’s assets.
It has been unclear, where a guarantee was given by a trustee in its personal capacity, whether a lender’s entitlement to recourse against the trustee’s personal assets may lead to the trustee claiming indemnity out of the fund’s assets.
The requirement that the acquired asset must be held in trust remains. The trust structure is a feature of traditional instalment warrants and helps to quarantine the other assets of the superannuation fund from the investment risk that the limited recourse borrowing arrangement represents.
The amended law seeks to protect fund assets from such claims by limiting the rights of the lender or any other person, such as a guarantor, against the super fund trustee in connection with or as a result of a default on borrowing, to rights relating to the acquired asset only.
In this way, a guarantor’s rights against the super fund trustee are limited as the rights of the lender are limited, so that no claim against the super fund trustee should arise which could give rise to a claim for indemnity from fund assets.
Furthermore, the amended law ensures that the acquired asset cannot be subject to any other charge than that associated with the direct borrowing arrangement. With the exception of the asset that is the subject of the borrowing arrangement, the assets of the superannuation fund cannot be given as security for a borrowing without breaching the Superannuation Industry (Supervision) Regulations 1994.
Should you require any further information in relation to this issue, please do not hesitate to contact our Property and Commercial Department Manager, Christine Martin on 07 5506 8245 or email cmartin@attwoodmarshall.com.au.
Why not complete our online enquiry form and have us contact you today!
With three offices conveniently located at Robina, Coolangatta - Tweed and Kingscliff, you can also visit us an office near you.
Attwood Marshall Lawyers
Northern NSW, Gold Coast, Coolangatta, Robina and Queensland
Written on Tuesday, 3rd August, 2010
The task of quantifying Wattlebrae Stud’s losses is a large and difficult job. The areas of loss that need to be calculated are loss of service fees and forward bookings, vet fees and medication, loss of agistment income, loss of opportunity to syndicate new stallions, loss of value of the horses and foals that died, borrowing and holding costs, general loss of business and damage to business reputation. There are thousands of documents that need to be considered when formulating the claim. The accountants now estimate that their report will be finalised by the end of August.
Lauren Taylor goes off on maternity leave today. We wish her all the best for the birth. Any enquiries after that date can be directed to Lauren Magasdi on 5506 8253 or at lmagasdi@attwoodmarshall.com.au
Written on Monday, 2nd August, 2010
In an amicable relationship breakup, and particularly where parties, who are able to communicate well with each other, feel they are able to follow through with an agreement made between them, a Parenting Plan may be a useful way to document parenting arrangements in relation to your children rather than obtaining a court order.
Parenting Plans were first introduced into the Family Law Act 1975 in 1996, but was subsequently removed, and by amendments to the legislation on 1 July 2006, was re-introduced and is now contained in Part VII Division 4 of the Act.
The formal requirements are that the agreement is in writing, be signed and dated by the parties, and there is no particular form to use. There is no provision to register the Parenting Plan in Court or with government authorities, it is sufficient for each of you to keep a copy of the plan.
You may include various child related matters in a Parenting Plan as outlined under section 63C(2) of the Act, such as with whom the children live with, spends time with, communicates with, whether parental responsibility should be shared or allocated to one parent, and the Parenting Plan can include other people besides the children’s parents, such as grandparents and relatives.
Despite the ease at which a Parenting Plan can be created, it can override previous court orders. Hence it can be a useful way to vary court orders by agreement with the other parent.
The major limitation in the Parenting Plan is that it is not an enforceable document i.e. neither you nor the other parent can be “breached” by not following the terms contained within the Parenting Plan (unlike a Consent Order where you are legally required to follow the terms of the agreement). If a dispute arises out of a Parenting Plan and the matter proceeds to Court, the Court can take the substance of the Parenting Plan into account when deciding what Parenting Order to make. However, the Court is not bound to follow the Parenting Plan.
A Parenting Plan may also be revoked or varied by written agreement between the parents.
Parenting Plan is not suitable in every case, for example, where there is family violence, inequality of bargaining power, or where there is history of non-compliance to agreements reached between the parties. We strongly recommend that you seek legal advice about how to best formalise your parenting agreement in your particular case, as every case is different.
Readers are reminded that the purpose of this article is to provide general information only and is not to be taken as a substitute for independent legal advice.
Should you require any further information in relation to this issue, please do not hesitate to contact our Family Law Department Manager, Lesley Barnes on 0755 068 241.
Written on Sunday, 1st August, 2010
New disclosure obligations came into effect on 1 July 2010 by the enactment of the Building Energy Efficiency Disclosure Act 2010.
The new Act requires all sellers and landlords of commercial property of at least 2,000 square metres of net lettable area to have in place a Building Energy Efficiency Certificate ("BEEC") which must be disclosed to a prospective buyer or tenant.
The Certificate must contain at least the following:
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An energy efficiency star rating for the building based on the National Australian Built Environment Rating System ("NABERS") scheme.
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An energy efficiency assessment of the lighting in the building.
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A report how the building's energy efficiency may be improved.
Any owner or landlord who advertises to sell or lease the premises or part of the premises must disclose the star rating of the building in the advertisement.
All BEEC's will be registered in a Building Energy Efficiency Register and will also be available online. The Certificate will be valid for 12 months. A Landlord must provide a copy of the certificate to a tenant within a reasonable time after the tenant requested a copy in writing.
Certain exemptions are available under the Act such as leases (including options) for a period of no more than 12 months. There is also the possibility to apply for exemptions on certain grounds.
In it recommended that Landlords have current NABERS ratings available for their commercial buildings and that leases contain provisions to compel the tenants to provide certain information in relation to the building to the landlord to enable the landlord to apply for a BEEC or to keep the BEEC updated.
It is envisaged that around 2012 the Government will consider expanding the requirements to other commercial buildings, retail buildings, hotels, schools and hospitals.
Several penalties will be enforced if a Landlord does not comply with its obligations under the Act.
Should you require any further information in relation to this issue, please do not hesitate to contact our Property and Commercial Department Manager, Christine Martin on 07 5506 8245.
Written on Tuesday, 27th July, 2010
The Applicant made a claim for compensation under the Motor Accidents Compensation Act (NSW) for injuries sustained in a motor vehicle accident in NSW.
The insurance company mistakenly issued a Section 81 Notice that accepted liability for the Applicant’s claim. The insurance company had reasonable grounds to deny the claim but the insurance claims officer had accidentally assessed a claim involving another claimant of a similar name and mistakenly forwarded a Notice accepting liability to the Applicant.
Upon realising the mistake, the insurer sought to amend the Section 81 Notice to deny liability for the claim
The Supreme Court held that the insurer was bound by the s81 Notice. Thus, an insurer is bound by a s81 Notice admitting fault whilst the matter remains in the CARS process, even where the notice was made as a result of an honest mistake.
For any enquiries regarding personal injuries, please contact the Department Manager Leanne Burges, on direct line (07) 5584 5405 or by email on lburges@attwoodmarshall.com.au.
Why not complete our online enquiry form and have us contact you today!
With three offices conveniently located at Robina, Coolangatta - Tweed and Kingscliff, you can also visit us an office near you.
Attwood Marshall Lawyers
Northern NSW & Gold Coast, Queensland
Written on Tuesday, 20th July, 2010
Tayah Logan was injured in a motor vehicle accident on 26 April 2003 when she was just 3 years old. Tayah suffered severe injuries in the motor vehicle accident, including a severe facial laceration with nerve damage near her mouth which affected her speech and her ability to eat, together with a severe ongoing psychiatric condition.
Tayah through her mother attempted to negotiate a settlement with solicitors for NRMA, the CTP insurer on risk for the accident.
The insurer made insufficient offers of settlement all the way up to trial and prior to the commencement of trial would only make an offer in the sum of $280,000.00 plus costs.
The case ran for over 3 days at the District Court in Lismore with Mr Radburn of Counsel appearing for the plaintiff. Tayah was successful in securing a damages sum of $362,525.00 plus costs. As Tayah had previously placed an offer of compromise under the UCPR's in the sum of $325,000.00, the defendant was burdened with a further additional costs order from December 2009 onwards.
This case is important to let plaintiffs know that their claims are often undervalued by the insurance company and insufficient offers are placed up until the day of the court hearing or even during the hearing itself.
Tayah and her mother were very grateful for the outcome. Tayah will receive the money together with compound interest at the age of 18 years from the Public Trustee.
Click here to read the entire case: http://www.austlii.edu.au/au/cases/nsw/NSWDC/2010/128.html
For any enquiries regarding personal injuries, please contact the Department Manager Leanne Burges, on direct line (07) 5584 5405 or by email on lburges@attwoodmarshall.com.au.
Why not complete our online enquiry form and have us contact you today!
With three offices conveniently located at Robina, Coolangatta - Tweed and Kingscliff, you can also visit us an office near you.
Attwood Marshall Lawyers
Northern NSW & Gold Coast, Queensland
Written on Monday, 19th July, 2010
Workers who are injured in Queensland generally have two entitlements to compensation. The first is a statutory claim for compensation. The second is a common law claim for damages.
An injured workers entitlement to statutory compensation is based on a ‘no fault’ system. This means that if the injury was caused by work, the worker will be entitled to compensation regardless of whether the employer was at fault.
If the injury to the worker was caused by the fault of the employer, the worker has an entitlement to common law damages.
Usually, the compensation recovered by an injured worker at common law, will be many times more than the injured worker might receive in the statutory claim.
For any enquiries regarding personal injuries, please contact the Department Manager Leanne Burges, on direct line (07) 5584 5405 or by email on lburges@attwoodmarshall.com.au.
Why not complete our online enquiry form and have us contact you today!
With three offices conveniently located at Robina, Coolangatta - Tweed and Kingscliff, you can also visit us an office near you.
Attwood Marshall Lawyers
Northern NSW & Gold Coast, Queensland
Written on Friday, 9th July, 2010
The claimant was injured in a single vehicle motor accident whilst he was on his way to work. The claimant suffered serious compression fracture injuries to the thoracic spine as a result of the accident and subsequently made a Workers Compensation Journey Claim.
Under the NSW Workers Compensation Act, the claimant successfully claimed the following entitlements:
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Approximately $25,000 (lump sum) for permanent impairment resulting from his injuries;
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Approximately $25,000 (lump sum) for pain and suffering;
Note: the claimant’s injuries were serious enough to breach the required threshold to claim pain and suffering entitlements.
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Ongoing ‘reasonable and necessary’ medical expenses associated with his injuries for the rest of his life;
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Ongoing weekly payments for any periods in the future where the claimant’s GP certifies him as totally or partially unfit for work as a result of his injuries.
Note: the insurer remains at risk for weekly payments until the claimant reaches the age of 66.
The plaintiff did not have to pay any legal fees in relation to his claim. In NSW, the legal fees associated with statutory benefit claims are borne by the relevant insurer and not by the claimant.
For any enquiries regarding personal injuries, please contact the Department Manager Leanne Burges, on direct line (07) 5584 5405 or by email on lburges@attwoodmarshall.com.au.
Why not complete our online enquiry form and have us contact you today!
With three offices conveniently located at Robina, Coolangatta - Tweed and Kingscliff, you can also visit us an office near you.
Attwood Marshall Lawyers
Northern NSW & Gold Coast, Queensland
Written on Friday, 9th July, 2010
A Representative Action, commonly referred to as a Class Action enables 7 or more claimants to bring an action against the same person or company where the dispute is common.
There are no limitations as to what actions can be brought.
Recently, the Courts have seen a trend of actions in areas such as product liability, medical negligence, financial and securities and immigration.
To be classified as a Class Action, the following requirements, as set out in Section 33C (1) of the Federal Court of Australia Act 1976 (Cth) must be met:-
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Seven (7) or more persons who have claims against one or more individuals or corporate bodies;
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The claims must be in respect of the same, similar or related circumstances; and
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The claims must give rise to a substantial common issue of law or fact.
In cases where there are less than 7 people who all have the same dispute, with leave of the court, you are still able to run the matter as a Class Action.
One of the main advantages of being in a Class Action is the costs. All costs are shared equally amongst members. As the saying goes - ‘the larger the class, the cheaper the costs’. Various other benefits include the support and encouragement offered from other members of the class ,reducing the potential of adverse costs orders being made, minimising risks involved and the benefit of a section in the Federal Court Act to follow for procedure. However, the greatest incentive of all is that as a class, your proceedings are stronger.
Some disadvantages noted with Class Actions are the expenses incurred to advertise, as required under section 33x of the Federal Court of Australia Act 1976 (Cth), Claimants are unable to settle or discontinue the Class Action without leave of the court and in some circumstances, contact with the Solicitor is kept at a minimum to allow him/her to discuss matters with all members of the class equally.
Further, at the time Judgment is provided, all Claimant’s are identified in the Judgment, unless with leave of the court. Following on from this, not only does Judgment bind those within the Class, but also persons who may have the same interests but were not formally included in the Class.
If you think you may have a potential Class Action, or would like further information, please contact our office on 1800 621 071 or use our Online Enquiry Form to send us our details..
Resource By: Lauren Magasdi
Written on Wednesday, 30th June, 2010
Common law damages for injured workers in Queensland are a monetary payment to the injured worker to compensate them for their loss as a result of their injury.
Common law damages can include payments for pain and suffering, loss of enjoyment of life, past and future treatment costs, past and future loss of income and loss of superannuation.
The amount of the payment is calculated on evidence presented by the injured worker’s lawyer. Because injuries affect workers in different ways, every claim is different.
For any enquiries regarding personal injuries, please contact the Department Manager Leanne Burges, on direct line (07) 5584 5405 or by email on lburges@attwoodmarshall.com.au.
Why not complete our online enquiry form and have us contact you today!
With three offices conveniently located at Robina, Coolangatta - Tweed and Kingscliff, you can also visit us an office near you.
Attwood Marshall Lawyers
Northern NSW & Gold Coast, Queensland
Written on Thursday, 24th June, 2010
FIRM BELIEVERS
Civilised working hours, inclusiveness and trust ensure that Lawyers give their best to stay loyal - Resource - BRW - Judith Tydd - June 24 2010
The crop of law firms appearing on this year's BRW Best Places to Work list prove that an organisation needn't be big to attract the best talent – and it only takes a few simple initiatives to keep them.
The highest rank law firm appearing on the list is Swaab Attorneys at number 13 (up from 32 last year), followed by Trilby Misso Lawyers ranked 32, Cornwall Stodart Lawyers at 34 (up from 36 last year) and Attwood Marshall Lawyers coming in at 38.
The two debutants on the list, Trilby Misso Lawyers and Attwood Marshall Lawyers, are both small, boutique Queensland firms, suggesting a link between a warm, sunny climate and happy employees.
Attwood Marshall Lawyers managing partner Jeff Garrett backs the theory. He insists the view from the firm's head office – overlooking picturesque Coolangatta Beach on Queensland's Gold Coast, helps keep staff motivated and stress levels to a minimum.
"The climate does help. It's a beautiful winter's day here and you couldn't get a better natural view or a better work environment. You couldn't get that if you were in a high stress office. We've got the culture and the setting to match the view," he says.
The culture of the firm, he says, is underpinned by a clear and transparent approach to communicating with staff.
The firm specialises in acting for deceased estates and in areas of family law, including divorce. "We're dealing with it on a day to day basis and it's stressful for people working here. So we need to give them the tools to deal with that," he says.
The fact that the firm comprises mainly women could also be attributed to the culture, he says. Only six of the firm's 50 staff are men. "There's got to be something about the way it is because it's influenced by so many women – us blokes are outnumbered," he says.
However, he says that like any commercial business, performance targets are in place to achieve optimum profitability. "This is clearly communicated to them but you have to do it in a respectful and open way."
The culture of the firm was tested during the downturn but didn't waiver. No redundancies were made, but some staff elected to work four day weeks.
The firm has a study leave policy in place for staff that provides financial assistance for approved work-related study. The cost of continuing legal education is borne by the firm and additional annual leave is also given to account for exam periods.
The firm actively encourages staff to avoid working extended hours, with weekend work said to be a rarity. Garrett says most employees work seven or eight hours a day.
Civilised working hours, inclusiveness and trust ensure that Lawyers give their best to stay loyal - Resource - BRW - Judith Tydd - June 24 2010
Read More....
Attwood Marshall Lawyers currently do not have any positions vacant. Please continue to check our website for positions that may arise in the future.
For any enquiries regarding employment at Attwood Marshall Lawyers, please email the Practice Manager Kerry LeStrange, on klestrange@attwoodmarshall.com.au.
Written on Tuesday, 22nd June, 2010
1. The New Rules
In September 2007 Section 67(4A) of the Superannuation Industry Supervision Act was amended to allow Self-Managed Superannuation Funds (SMSF) Trustees to borrow money to acquire assets subject to certain conditions.
2. Limited Borrowing
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The borrowing is limited recourse, meaning the lender's only security is the property purchased. In other words, the rights of the lender against the SMSF for default on the borrowing is limited only to rights relating to the property purchased.
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This is a quite significant issue for banks. Traditionally banks require recourse over all of the borrower's assets. This is not allowed under SMSF borrowings.
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It is also usually bank practice to require related parties to give personal guarantees for borrowings. In fact many banks have been asking members of SMSF's to give personal guarantees.
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The ATO has however flagged related party guarantees as a cause for concern. The ATO has stated that related party guarantees "may result in the recourse being made to the assets of the SMSF other than the asset acquired" and this will be contrary to the intent that the borrowing only applies to limited recourse borrowings.
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One solution to overcome this issue is for clients to borrow personally, giving personal guarantees to the bank. Because this loan is a personal loan it is not subject to any superannuation borrowing restrictions. Clients can then on-lend the money to their SMSF on commercial terms and conditions.
3. Security Trustee
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A third party holds legal title to the asset on trust for the SMSF Trustee. The SMSF Trustee then has a beneficial interest and a right to call for a transfer of legal title when the loan is repaid and the mortgage discharged.
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As a general proposition there are no restrictions on who can hold the asset on trust for the SMSF whilst the borrowings are repaid.
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It is highly recommended to use a "sole purpose corporate entity" as the Trustee of the asset. This entity must hold no other assets or business interest and its sole function must be to hold the asset on trust for the SMSF.
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However, it is important to note the ATO have stated a Unit Trust cannot hold the asset "on trust" for the SMSF.
4. Documentation Required
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The purchaser in a contract for the purchase of real property will be described as follows: "AB Pty Ltd as Trustee for the AB Family Trust on behalf of the AB Super Fund".
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It is also preferable to have a Special Condition in the contract stating the purchaser is buying the property in its capacity as custodian for the Super Fund.
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The transfer will only refer to the trustee with no reference to the Super Fund.
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It is also preferable to execute a Declaration of Trust between the SMSF and the custodian trustee to avoid any doubt that the custodian is acting as bare trustee for the SMSF.
5. Considerations for SMSF Trustee
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The loan must comply with the Superannuation Industry Supervision Act, including the lender's rights on default.
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The SMSF has sufficient cash flow to repay the principal and interest (without relying on member contributions).
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The SMSF Deed allows the trustee to borrow and acquire the relevant asset.
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The structure of the transaction and the investment is signed off by the fund auditor as compliant with the Superannuation Industry Supervision Act.
6. Conclusion
The amendment of the rules has opened the market for investments by superannuation funds. However, all parties involved in the investment, including the financiers, should be aware of the rules relating to the borrowing and lawyers should attend to the drafting of the required documents to ensure the investment and borrowing complies with the new rules. It is therefore important to obtain proper legal advice before entering into such an investment and/or borrowing.
N.B. The above is general advice and should not be relied upon as legal advice. Each party should obtain its own legal advice in relation to the matters raised above.
Contact Department Manager Christine Martin on 07 5506 8245 or freecall 1800 621 071 to make an appointment or to obtain more information.
With three offices conveniently located at Robina, Coolangatta - Tweed Heads and Kingscliff you can also visit an office near you.
For further information in relation to QLD Conveyancing - Click here
For further information in relation to NSW Conveyancing - Click here
BOOST TO THE QUEENSLAND FIRST HOME OWNERS GRANT TO $11,000 - CLICK HERE
NSW FIRST HOME OWNER GRANT CAP CHANGES - CLICK HERE
NSW STAMP DUTY DISCOUNT ENDS 1ST JULY 2010 - CLICK HERE
Attwood Marshall Lawyers
Northern NSW & Gold Coast, Queensland
Conveyancing Solicitors, Residential Conveyancing, Buying & Selling Property
Written on Tuesday, 22nd June, 2010
Most lawyers who represent clients in personal injury claims will act on a no win, no fee type basis. This means that all of the expenses incurred in running the case, like search fees, medical report fees and court filing fees, are paid by the lawyer, and paid by the client back to the lawyer subject to a successful resolution of the case. Lawyers also defer payment of their professional fees.
The most important feature of the no win, no fee concept, is that it allows clients access to justice and the legal system. Often injured clients cannot work, and do not have the income or resources to fund payment of a lawyer’s fees and expenses up front.
If lawyers did not act on a no win, no fee basis, clients with legitimate claims would never be able to pursue their entitlement to compensation.
For any enquiries regarding personal injuries, please contact the Department Manager Leanne Burges, on direct line (07) 5584 5405 or by email on lburges@attwoodmarshall.com.au.
Why not complete our online enquiry form and have us contact you today!
With three offices conveniently located at Robina, Coolangatta - Tweed and Kingscliff, you can also visit us an office near you.
Attwood Marshall Lawyers
Northern NSW & Gold Coast, Queensland
Written on Wednesday, 16th June, 2010
One of the most important legal documents that you will ever make in your lifetime is your Will. Nevertheless, we regularly see clients who tell us they have made their Will using a "Do It Yourself" Will Kit which they purchased from the local Newsagent or Post Office.
The disadvantages of these types of Wills are numerous and far outweigh any saving in costs to the client. Your Estate (or your Executors) will end up paying far more money to Lawyers trying to fix the mistakes that are made using these kits. However, be warned - not all mistakes can be fixed.
Some disadvantages are:
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The instructions provided in Will Kits can be very confusing to a person who is not legally trained and can result in a poorly drafted Will which does not dispose of the Will Maker's entire estate, or worse still, the Will refers to assets which do not actually form part of the Will Maker's estate such as superannuation and trust assets;
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Issues which should be carefully considered such as adequate provision for your spouse and children, taxation, superannuation, appointment of Executors and Trustees and alternate distribution in the event of the failure of prior bequests are not adequately covered in most Will Kit instructions;
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Will Kits fail to provide the expert advice which a skilled Estate Planning Lawyer can give and this is particularly important if a person's affairs are complex or complicated (for example, blended families; beneficiaries with disabilities; spendthrifts; unsavoury partners; etc);
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Will Kit Wills are more often than not incorrectly signed and witnessed and this can result in an invalid Will. For example, we have encountered two Will Kit Wills which were made by a defacto couple using forms which they purchased from their local Post Office. Unfortunately, the couple signed each other's Will in error thereby rendering both Wills invalid. This situation could easily have been avoided if the Wills were prepared and signed at a Lawyer's office;
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Will Makers often do not fully understand the terminology used in Will Kits and can mis‑interpret the instructions, resulting in ambiguity and substantial costs and delay in administration of the estate;
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Most Will Kits fail to inform the Will Maker of the strict legal formalities which must be adhered to when completing and signing the Will, once again resulting in difficulties and increased costs in the administration of the estate;
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The law differs from State to State whereas Will Kits are generally generic and do not set out the different laws which apply.
In conclusion, it is imperative that you consult your Lawyer in relation to making your Will so as to ensure your wishes are properly recorded in a legally binding document.
For any enquiries regarding Attwood Marshall’s Will and Estate Administration Department, please contact the Department Manager Lesley Barnes, on direct line (07) 5506 8241 or by email on lbarnes@attwoodmarshall.com.au.
With three offices conveniently located at Robina, Coolangatta - Tweed Heads and Kingscliff , you can also visit an office near you.
View the key people in our Wills and Estates Department.
Written on Wednesday, 16th June, 2010
Who can make a claim?
Any person who is injured in a car accident due to the fault of another driver can make a claim for compensation. Even if the injured person was partly at fault, they are still entitled to compensation, but it may be reduced.
Sometimes, an injured person has no claim for compensation. This may occur in circumstances where the injured person was totally at fault, no one was at fault or the person at fault was not covered by a policy of CTP Insurance.
If a person injured in a car accident has no CTP claim for compensation, that person must rely on sick leave, Centrelink, Medicare and the public health system, unless the injured person has income protection insurance or private health insurance.
If negligence can be established against another driver, a CTP claim for compensation can also be made by a relative or financial dependant of a person fatally injured in a car accident.
What can be claimed?
The compensation paid to a person injured in a car accident as a result of the fault of another driver, depends on the nature and extent of that person's injuries and their circumstances at the time they were injured.
Generally, an injured person is entitled to be compensated for pain and suffering and loss of amenities of life, past and future out of pocket expenses, past and future loss of income and superannuation and domestic assistance.
Limits apply in claims for pain and suffering, loss of income, domestic assistance and legal costs.
For any enquiries regarding personal injuries, please contact the Department Manager Leanne Burges, on direct line (07) 5584 5405 or by email on lburges@attwoodmarshall.com.au.
Why not complete our online enquiry form and have us contact you today!
With three offices conveniently located at Robina, Coolangatta - Tweed and Kingscliff, you can also visit us an office near you.
Attwood Marshall Lawyers
Northern NSW & Gold Coast, Queensland
Written on Friday, 11th June, 2010
If you have suffered hearing loss as a result of working in a noisy employment environment, you may be entitled to compensation under the NSW Workers Compensation Act 1987.
You may be able to claim:
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The cost of a hearing test by a qualified audiologist to determine the extent of your hearing loss;
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The cost of reasonably necessary hearing aids;
Hearing aids often cost in the vicinity of $6,000 - $7,000 and require replacement every 4-6 years.
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A lump sum figure of monetary compensation for permanent hearing impairment;
You must have incurred at least 6% binaural hearing loss (both ears combined).
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A lump sum figure of monetary compensation for pain and suffering (if your impairment breaches the required threshold level to claim pain and suffering);
Occupational noise is often caused over many years involving more than one noisy employer. In NSW, industrial deafness claims are made against your most recent noisy employer. Your claim should be made as soon as possible after you become aware of your work-related hearing impairment.
For any enquiries regarding personal injuries, please contact the Department Manager Leanne Burges, on direct line (07) 5584 5405 or by email on lburges@attwoodmarshall.com.au.
Why not complete our online enquiry form and have us contact you today!
With three offices conveniently located at Robina, Coolangatta - Tweed and Kingscliff, you can also visit us an office near you.
Attwood Marshall Lawyers
Northern NSW & Gold Coast, Queensland
Written on Wednesday, 9th June, 2010
Many New South Wales residents are unaware that the New South government changed the laws in relation to Enduring Powers of Attorney in 2003. Previously Enduring Powers of Attorney applied to all the usual areas, e.g. financial, property transactions, health (including medical) and lifestyle issues.
In 2003 (Power of Attorney Act 2003) the New South Wales government split the functions of the Enduring Power of Attorney and restricted its use to that of financial, property transactions and general issues. Importantly, they specified that health and lifestyle issues would now be governed by a separate document called an Enduring Guardian.
The Enduring Guardian is required to be used for all issues concerning health (e.g. medical authorisation for treatment, signing indemnity forms for surgery etc.) and lifestyle issues (e.g. placing someone into a retirement village or nursing facility).
Many people are blissfully unaware of the change in the law and believe that they have safely secured their future by having a signed enforceable Enduring Power of Attorney. Sadly, this document does not cover health and lifestyle issues since 2003 and many people are finding out the hard way that these documents are now out of date. In many cases elderly spouses are required to apply to the Guardianship Tribunal in order to obtain permission to make these decisions for their spouse. The procedure before the Guardianship Tribunal can be lengthy and frustrating for elderly people, particularly in circumstances where they urgently require the ability to sign on behalf of their spouse. This applies equally to the families of people affected by the sudden onset of a condition which deprives the person of their mental capacity (e.g. stroke, head injury, Alzheimer's Disease etc).
More information..... What is an Appointment of Enduring Guardian?
For any enquiries regarding Appointments of Enduring Guardian, please contact the Department Manager Lesley Barnes, on direct line (07) 5506 8241 or by email on lbarnes@attwoodmarshall.com.au.
Why not complete our online enquiry form and have us contact you today!
With three offices conveniently located at Robina, Coolangatta - Tweed and Kingscliff, you can also visit us an office near you.
Attwood Marshall Lawyers
Northern NSW & Gold Coast, Queensland
Gold Coast Estate Planning, Estate Plan, Will Planning, Estate Dispute, Estate Litigation, Enduring Guardian
Written on Tuesday, 8th June, 2010
The New South Wales Government is abolishing stamp duty for dwellings purchased off the plan.
The tax cut is the centrepiece of the state's budget, handed down today.
From July 1, stamp duty will be eliminated for the next two years for any purchasers buying a home worth up to $600,000, before construction has started.
Eric Roozendaal says that is a saving of up to $22,490.
"Project financing can be a hurdle to new home construction, especially for apartments," he said.
"So by helping people to buy off-the-plan and to buy early, we are giving builders a better chance of securing project finance."
A 25 per cent stamp duty discount will apply to homes under construction or newly-completed worth up to $600,000.
Stamp duty will also be eliminated for the next two years for over-65s who sell their home to move into a newly-built dwelling worth up to $600,000. It is being done in an effort to encourage empty nesters to trade down to smaller homes.
The discounts are combined with increased funding for councils to speed up development applications.
The programs are expected to cost the Government about $184 million over the two years they apply.
Resources: ABC News 8/6/10
WE OFFER SPECIAL DISCOUNTS FOR ALL FIRST HOME BUYERS!
Contact Department Manager Christine Martin on 07 5506 8245 or freecall 1800 621 071 to make an appointment or to obtain more information.
With three offices conveniently located at Robina, Coolangatta - Tweed Heads and Kingscliff you can also visit an office near you.
For further information in relation to QLD Conveyancing - Click here
For further information in relation to NSW Conveyancing - Click here
NSW FIRST HOME OWNER GRANT CAP CHANGES - CLICK HERE
NSW STAMP DUTY DISCOUNT ENDS 1ST JULY 2010 - CLICK HERE
Attwood Marshall Lawyers
Northern NSW & Gold Coast, Queensland
Conveyancing Solicitors, Residential Conveyancing, Buying & Selling Property
Written on Thursday, 3rd June, 2010
We occasionally hear people say they have done a “property settlement” with their spouse by way of a verbal agreement as they have viewed their separation as “amicable”. They may in fact have sold and divided assets of the marriage without legally formalising this arrangement.
Under the Family Law Act 1975, parties to a marriage or defacto relationship can apply for a property adjustment order from the Family Law Courts if such application is filed within 12 months after divorce becoming absolute, or within 2 years after separation in the case of defacto relationships.
This means that either party to a marriage that had not been dissolved can apply to the courts to divide property at any point in time in the future despite the oral settlement. This is bad news for those that accumulate significant wealth post separation or where the other party’s financial situation deteriorate over time, or where financial documents and records are destroyed or lost by passage of time. Also, informal settlements (such as an oral agreement) are not recognized by the Office of State Revenue when transferring matrimonial/relationship property, and hence the party receiving property may be liable to pay stamp duty on the transfer.
If you both agree on how to divide property, you may finalise property settlement in two ways. You can enter into a written agreement in a form of a deed called “Binding Financial Agreement”, or you can obtain a Consent Order of the Family Court by filing certain prescribed documents. Although you are required to file documents at the Family Court Registry, neither of you are required to appear in Court.
If an agreement cannot be reached between you, then either of you may apply to the court to obtain a “Property Adjustment Order”.
The major difference between a binding financial agreement and a consent order is that a binding financial agreement is not filed or registered in Court whereas the consent order is assessed, approved and issued by a Registrar of the Family Court. The binding financial agreement also requires both parties to obtain independent legal advice and the legal advisor must sign a certificate to evidence that the advice was given and the certificate must be attached to the agreement. Consent orders do not require (although recommended) legal advice to be obtained. There are strict rules that apply to binding financial agreements, and there will be a separate article on that topic soon.
Regardless of which way you may proceed. i.e. by way of a binding financial agreement or a consent order, there is very limited scope to challenge the agreement/order once they are made.
Under section 79A of the Family Law Act 1975, a party to a property adjustment order (including a consent order) must prove at least one of the following before the order can be set aside:
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That there was “miscarriage of justice” by reason of fraud, duress, suppression of evidence, giving false evidence or any other circumstance deemed by the court to amount to miscarriage of justice.
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That it is impracticable for the terms of the orders to be carried out.
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That a party defaulted on the terms of the order and it is just and equitable for the order to be set aside.
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That a hardship may result due to circumstances of exceptional nature in relation to the children.
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That a proceeds of crime order has been made against a party to the marriage.
Same restrictions apply in relation to defacto property adjustment orders, and they are listed under section 90SN of the Act.
Similarly, under section 90K of the Act, a party to a binding financial agreement must prove at least one of the following before the agreement can be set aside:
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That the agreement was obtained by fraud.
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That either party entered into agreement to defeat creditor, or with reckless disregard for creditor.
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That the agreement is void, voidable, or unenforceable.
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That the terms of the agreement are impracticable to be carried out.
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That there is material change in circumstances relating to children and hardship would result if the agreement was not set aside.
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That there had been unconscionability.
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That there is a payment flag operating in relation to a superannuation interest covered by the agreement and there is no likelihood of termination by a flag lifting agreement.
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That the agreement covers at least one unsplittable superannuation interest.
Same restrictions apply to financial agreements between defacto partners, and those are listed under section 90UM of the Act.
Properly drafted financial agreements and consent orders are very difficult to challenge, and they are the most effective ways to prevent your former partner from demanding further property distribution in the future.
Avoid the hassle of costly litigation. Contact our family law department today and find out more about Binding Financial Agreements and Consent Orders.
Readers are reminded that the purpose of this article is to provide general information only and is not to be taken as a substitute for independent legal advice.
Resource: Daichi Okamoto - Family Lawyer
For any enquiries regarding Attwood Marshall’s Family Law Departement, please contact the Department Manager Lesley Barnes, on direct line (07) 5506 8241 or by email on lbarnes@attwoodmarshall.com.au.
With three offices conveniently located at Robina, Coolangatta - Tweed Heads and Kingscliff , you can also visit an office near you.
View the key people in our Family Law Department.
Written on Thursday, 3rd June, 2010
A TWEED Heads man is one of scores of people involved in a class action against a telco that allegedly misled businesses across Australia.
Ray Divertie from The Outdoor Furniture Specialists Tweed Heads is part of the claim which centres on telephone and equipment leasing contracts.
Coolangatta-based law firm Atwood Marshall has launched a legal claim on behalf of the clients in the form of a class action.
Lawyer Lauren Magasdi said 95 per cent of the victims who signed up to Fresh Telecoms were businesses, many from southeast Queensland.
Businesses were enticed into the offer with the promise of cheap calls, she said.
Equipment, such as fax machines, photocopiers and plasma televisions, were included in a bundled package or offered for free.
Ms Magasdi has alleged that unbeknown to the directors of the companies entering the agreements, they were signing two separate contracts which meant they were locked into hefty leasing agreements for the equipment.
Some companies owe as much as $100,000 to the leasing company.
Mr Divertie said he was approached by a salesperson from Fresh Telecoms who promised to drastically slash his telephone bill.
He said he signed forms with blank spaces which were later filled in and sent back to him.
It was not until he received a copy of the documents at a later stage did Mr Divertie notice the name of Technology Leasing, the leasing company.
"They [Fresh Telecoms] told me that Technology Leasing was their finance arm. On the first month I received a bill from Fresh Telecoms for my monthly amount and I also received the old bill from Telstra," he said.
"I called Fresh up and they said the bill from Telstra would be carried over as a credit. I was then charged double again the next month."
He said that before the third bill arrived Fresh Telecoms had ceased trading.
"I rang Technology Leasing and they said the telecommunication contract had nothing to do with them and that I had signed a leasing agreement for the goods I received," he said.
Mr Divertie at no stage realised that he had entered into an equipment leasing agreement but that Technology Leasing and Fresh Telecoms were the same entity.
"Technology Leasing said I still owed a large amount for the equipment," he said.
"I thought the equipment was free and if I had been told the circumstances I would never have taken it. I told them they could have the equipment back."
Ms Magasdi said the claim was against Thomas Ford Trading, trading as Fresh Telecoms, Bower Finance Pty Ltd, Technology Leasing Limited, David Beat (a major shareholder of Bower Finance) and Thomas Ford (director of Fresh Telecoms).
She encouraged any other businesses that may have been caught out to contact her through the Attwood Marshall website under Telecommunications Class Action heading.
She also said she was preparing to launch similar actions against other telecommunication and leasing companies involving similar activities.
Resource: Gold Coast Bulleting | Shannon Willoughby | June 3rd, 2010
If you have been the victim of this sort of scam, you may be able to join our current Federal Court class action. Or we might be able to link you with other clients to commence new class proceedings.
Simply complete our online Questionnaire (click link below) and one of our lawyers will contact you immediately. You should contact us even if you already have legal representation. Our lawyers will be able to explain the benefits of joining forces with others via class action litigation.
Telecommunications Questionnaire
Written on Tuesday, 1st June, 2010
Lawyers Growing Strong
Rapid growth around the Tweed region, combined with a rising demand for legal services in the New South Wales far north coast, has opened new doors for Attwood Marshall Lawyers in Kingscliff.
The legal firm, which has always drawn good business from both sides of the border, will add the Kingscliff office to its Coolangatta and Varsity Lakes premises.
It also marks a return to the far north coast – Attwood Marshall founders Richard Attwood and Bob Marshall established an office at Kingscliff which was closed in 1978.
Managing partner Jeff Garrett said demand from the Tweed and far north coast has grown substantially along with major residential development in recent years.
“Communities such as Casuarina Beach, Salt, Pottsville and Kingscliff have become more popular with people with high disposable incomes, and demand for legal services has grown with the more affluent population,” said Mr Garrett.
Mr Garrett said the financial crisis fuelled much of the demand for commercial litigation, family law, wills and estate planning, estate litigation, asset protection and structuring, and personal injury compensation.
Mr Garrett expects the practice to be well received by clients from Pottsville, Murwillumbah, Byron Bay, Lismore, Ballina, Bangalow and the surrounding rural areas. However, with many people reluctant to travel too far for legal services, the Kingscliff office enables the firm to extend its reach.
With the Coolangatta move complete, Mr Garrett said the firm was looking to expand back into Robina and Southport where it operated before a restructure in 2005.
Senior family lawyer Janeen Smithson will head the family law department at the Coolangatta office.The firm has 50 permanent and casual staff but is looking to expand to recruit more commercial litigation, estate litigation and personal injury law professionals.
Resource: Gold Coast Bulletin March 2009
Written on Monday, 31st May, 2010
A Tallebudgera scaffolding business has moved to wind up Simcorp, arguing the building company’s failure to pay outstanding debts means it’s insolvent.
Representing Southern Commercial Scaffolding, Attwood Marshall Lawyers has filed action in the Brisbane Supreme Court, claiming to be owed more than $30,000 for unpaid jobs.
Click here to see news footage
Written by aawright · Filed Under Gold Coast News
Written on Friday, 28th May, 2010
Anna Bligh today announced a boost to the First Home Owners Grant for new build homes in the regions, adding an extra $4,000 to the Grant, taking it to $11,000.
We understand the Grant will be available from 1 July 2010.
The Queensland Government is seeking to manage population growth and actively encouraging people to settle outside South East Queensland. The boost to the First Home Owners Grant for new build homes in the regions is to encourage people to move to the regions and stay in the regions.
The increased Grant will apply to areas outside Brisbane, Gold Coast, Redland, Logan, Ipswich, Lockyer Valley, Scenic Rim, Somerset, Moreton Bay and Sunshine Coast council areas.
Anna Bligh said this morning that the Government is committed to finding new ways manage the huge population growth SEQ has experienced in recent years, with the population increasing by the size of Mackay each year.
Resource: 27 May 2010
Read More....
WE OFFER SPECIAL DISCOUNTS FOR ALL FIRST HOME BUYERS!
Contact Department Manager Christine Martin on 07 5506 8245 or freecall 1800 621 071 to make an appointment or to obtain more information.
With three offices conveniently located at Robina, Coolangatta - Tweed Heads and Kingscliff you can also visit an office near you.
For further information in relation to QLD Conveyancing - Click here
For further information in relation to NSW Conveyancing - Click here
NSW FIRST HOME OWNER GRANT CAP CHANGES - CLICK HERE
NSW STAMP DUTY DISCOUNT ENDS 1ST JULY 2010 - CLICK HERE
Attwood Marshall Lawyers
Northern NSW & Gold Coast, Queensland
Conveyancing Solicitors, Residential Conveyancing, Buying & Selling Property
Written on Friday, 21st May, 2010
Once WorkCover accepts an application for compensation, WorkCover will pay for the cost of approved and reasonable medical treatment related to the worker’s injury. Most hospital, medical and rehabilitation costs are paid according to the Table of Costs issued by Q-Comp, the authority that regulates WorkCover. You can find the Table of Costs at www.qcomp.com.au. Click on ‘Health Professionals’ and follow the links.
Medical and rehabilitation costs
Before WorkCover pays reasonable medical or rehabilitation costs for an injured worker, the injured worker must have a current workers’ compensation medical certificate covering the dates for the treatment they receive.
Medical and rehabilitation costs may include medical treatment (like a doctor or physiotherapist), medicines and medical supplies (like pain killers and dressings) or special equipment (like a wheelchair).
Prior to receiving treatment, an injured worker should check that the doctor or rehabilitation provider accept WorkCover’s fees for services, set out in the Table of Costs. If the doctor or rehabilitation provider intends to charge more for the treatment than the amount allowed in the Table of Costs, then the injured worker may be required to pay the shortfall.
An injured worker may be required to pay up front for treatment, medication or equipment. Upon receipt of the original receipts for the expenses from the injured worker, WorkCover will reimburse the injured worker direct, provided WorkCover has accepted the claim for compensation and the costs are directly associated with the work related injury.
If an injured worker’s claim is not accepted by WorkCover, it is up to the injured worker to pay the medical or rehabilitation costs themselves.
For further information please contact Leanne Burges, personal injuries department manager on lburges@attwoodmarshall.com.au or complete our personal injury online questionnaire.
Written on Friday, 21st May, 2010
Caveats, when used correctly, are useful tools for protecting your rights in relation to property. Many people are unaware of the consequences of lodging a caveat and inadvertently end up in embroiled in complex legal proceedings as a result lodging the caveat.
It is important to ensure you are aware of all of the risks involved in lodging a caveat before you decide to do so.
Who can lodge a Caveat
To be eligible to lodge a caveat over property, you must first have a caveatable interest i.e. an estate or interest in any land.
There are several categories of people who are eligible to lodge a caveat over another person’s property, these include, but are not limited to:
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A person claiming an interest in a lot;
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A registered owner of the lot;
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Equitable mortgagee or charge; or
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A beneficiary of a constructive, resulting or implied trust relating to an interest in the property.
Consequences of Lodging of Caveat
Lodging a caveat prevents the registered proprietor dealing with that property until the caveat lapses, is withdrawn or removed.
By lodging a caveat, you begin a legislative process which must be followed. The caveat must proceed through the steps outlined in the relevant legislation. The end result may see you forced into complex litigation proceedings in order to support your interests.
The process is as follows:
1. Notification: Once the caveat has been lodged, the titles office will send notices to each person whose interests are affected by the lodgement of the caveat.
2. Court Proceedings: Once the caveat has been lodged court proceedings must be instigated in order for you to support your interest under the caveat. These proceedings must be filed by you either:
(a) Within 3 months from the date the caveat is lodged; or
(b) Within 14 days from receipt of a notice from the registered proprietor of the property under section 126 of the Land Title Act; or
Under point b. above, the registered proprietor can force you to issue proceedings in court by serving you with a notice. If you do not issue proceedings within 14 days from receipt of the notice, or failing receipt of the notice, within 3 months, and notify the titles office that you have done so, the caveat will automatically lapse. Once a caveat has lapsed, you cannot re-file the caveat on the same or similar grounds, without first obtaining leave of the court.
Additionally, the registered proprietor of the property has the right to apply immediately to the Supreme Court for an order that the caveat be removed. In order to defend such an application you must produce evidence to convince the court that the caveat was lodged properly and that you have a genuine interest in the property.
In summary, it is likely that you will be forced to issue proceedings, and/or will have proceedings issued against you, as a result of lodging the caveat. This ultimately results in further legal costs to pursue or defend the relevant court proceedings.
Compensation
If it is found that you have lodged a caveat without reasonable grounds, you are liable to compensate anyone else who suffers loss or damage as a result. For example, should the sale of the property be held up, or fall through as a result of the caveat being lodged, and it was found by the Court that you did not have sufficient grounds to support the caveat, you may be held liable for the loss of the sale as a consequence.
It is very important to seek legal advice as to whether you have a caveatable interest and reasonable grounds prior to lodging a caveat, otherwise you could be liable to pay legal fees and compensation to the registered proprietor.
Benefits of lodging a caveat
Lodging a caveat is a useful tool in protecting your rights in relation to a property. In many cases the parties are reluctant to embark on the expense of litigation with respect to the caveat and consequently it gives you leverage to negotiate a satisfactory settlement between the parties.
It is important to be mindful of the forced process that must be followed if the registered proprietor is not prepared to negotiate and requires you to file proceedings in the court to support your interests.
Our Commercial Litigation team have expert knowledge in relation to caveatable interests and would be happy to assist you if you think you have a caveatable interest in a property.
Looking for the experts in dispute resolution and commercial Litigation? Contact our Dispute Resolution and Commercial Litigation Lawyers, Attwood Marshall, to book your with us appointment today!
You can call us on 1800 621 071 or use our Online Enquiry Form to send us your details.
With three offices conveniently located at Robina, Coolangatta - Tweed Heads and Kingscliff, you can also visit an office near you.
View the Key People in our Dispute Resolution and Commercial Litigation team.
Attwood Marshall Lawyers
Northern NSW & Gold Coast, Queensland
Dispute Resolution and Commercial Litigation Lawyers
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