The OHL Wire issue 4

THE

OHL WIRE

NEWSLETTER

September 2014

4

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THE HUNTER BECOMES THE HUNTED

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WHY ASYLUM SEEKERS GET ON A BOAT

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THE PRENUP PATH

LEGAL – WEALTH PROTECTION – INVESTMENTS – BUSINESS – LIFESTYLE – SYDNEY

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MEDITATION AS A DISPUTE RESOLUTION METHOD

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COVERING YOUR ASSETS

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The Hunter becomes the hunted EXPLORING MORE THAN JUST WINE DEEP IN THE HUNTER VALLEY The Hunter Valley is the perfect place to escape, step back and relax. The New South Wales country side glows lush greens and luminous reds from the vineyards stretching for kilometres.

Winter days are bright and clear with the sun splashing the region in a glorious radiance and summer brings lazy days where time melts away. Breathe in the crisp, unpolluted air as you sample the outstanding local produce. It’s truly a treat for the senses and the soul.

While everyone knows there are a surplus of quality wineries and wine tours in the Hunter Valley, and they are truly not to be missed, that’s not all the region has to offer. Like a gourmet cheese platter compliments a good glass of wine, here are our top 5 things do in the Hunter Valley, between wine tastings.

1. Concerts

4. Hot Air Ballooning

There are usually a plethora of concert events of all sizes going on in the Hunter Valley ranging from classical music to legendary rock or modern R&B. Couple a live performance with a meal at a local vineyard and you’ve got the perfect Hunter Valley day.

Arguably the best way to take in the Hunter Valley’s stunning landscape is in a hot air balloon. A truly unique experience is made extra special if you time your trip for sunrise or sunset, making for a truly unforgettable and breathtaking scene.

2. Cycling

5. Hunter Beer Co at Potters Hotel Brewery Resort

Pedal power! A great way to counteract all the great wine and food you’ll be inhaling.

Cycling the Hunter Valley also allows you to intimately see the region at your own pace.

There are plenty of different bike trails varying in difficulty, discover the rolling green hills of vineyards and take a break for a scenic and well deserved lunch.

The man of the house will thank you for this one. Potter’s Hotel offers award winning beers available at the Brewery Bar where you may even be lucky enough to meet the beer makers themselves. If you fancy more than a drop, the beer making tour makes for a great afternoon.

3. Cheese tasting The perfect way to break up a day locked in wine cellars and an excellent accompaniment to a glass of wine is to sample the broad range of local cheeses. The Hunter Valley Cheese factory is a must for foodies or anyone who wants their taste buds tantalised. You can watch the cheese makers at work as they craft the finest in hand made, preservative free cheeses.

Don’t forget your cheese hamper to go with your favourite bottle of Hunter Valley Wine.

Why asylum seekers get on a Boat The past three years have brought numerous political challenges for many countries, especially Australia. One of the most difficult of these challenges is the contentious human rights issues associated with asylum seekers. This conflict generally arises from misunderstanding and a lack of information about asylum seeker boat arrivals.

Seeking asylum under the UN Refugee Convention is 100% legal, giving the right to those who wish to flee persecution and dwell in a safe state, regardless the method of arrival or absence of travel documents.

Australia is in compliance with these laws and thereby legally allows asylum seekers to come to Australia without relevant documents, as certain situations cause extreme danger when attempting to retrieve these documents.

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Asylum seeker boat arrivals often escape civil war situations in their home country and see no possibility of a safe life anymore.

For example, the end of the Sri Lankan civil war in 2009 saw numerous deaths on both communities but predominantly the minority Tamils. The UN estimated 4000070000 deaths amongst innocent civilians, if not more. Many people were in desperate life or death situations, gathering belongings and money to escape in the quickest way possibly. During this time arriving on plane was not an option for many due to government forces on heavy attack.

These escapees risk their lives in the hope of a better one. In accordance with the new Abbott “stop the boats” scheme, these people are kept in detention in Nauru or Manus to wait for their claim to be processed and assessed to see of they are

a genuine refugee. The majority of refugees are detained for up to 12 months before their claim to seek refuge is even reviewed.

It is a fact that the majority of asylum seeker boat arrivals are deemed genuine refugees, arriving with the correct document. Some of the refugees fulfill their temporary visa while being held in a detention, only to be sent back to their home country, possibly facing fatal consequences. There are minorities of asylum seeker boat arrivals who are not genuinely in need of a safe home or have committed war or human rights crimes.

These people are immediately refused refugee status. Meanwhile Australia continues to send all asylum seeker boat arrivals to detention camps, regardless of the genuine refugee status of the majority of these people.

OWEN HODGE LAWYERS

UPCOMING seminars FREE SEMINAR

FREE SEMINAR

FAMILY BREAKDOWNS: HOW TO KEEP CONTROL WHEN YOUR WORLD FALLS APART

PROPERTY INVESTMENT, YOUR SUPER & YOU: THE QUESTIONS YOU SHOULD BE ASKING, ANSWERED

This talk will be a great opportunity to find out what you need to know about planning for your family’s future.

Bookings are essential and can be made by calling (02) 9330 6142, or by visiting Hurstville City Library.

How do property investment and your super go together?

What are the rules regarding self-managed super funds and property? Self-Managed Super Funds and property investment can offer significant tax and legal benefits, when managed correctly.

Many Australians are currently struggling with the ramifications of going through a divorce. Over the last decade, between 11 to 14 couples in every 1,000 marriages were granted a divorce each year.

Dealing with complicated legal issues that can have ramifications on your family years down the track, planning to avoid all-to-common family cash flow problems and deciding what the right course of action is for your family places a massive amount of pressure on any individual.

Include factors such as emotional turmoil into the mix and suddenly the phrase ‘your world is falling apart’ resonates like it has never before.

To help people understand what can be done do to minimise the hardship, move forward and make the best choices for your family in this difficult time, Owen Hodge Lawyers are running a free informative seminar on Wednesday the 17th of September 2014, reviewing important legal issues relating to: • Separation • The process of divorce

Owen Hodge Lawyers and Warren Saunders Insurance Brokers are holding a Free Seminar on self-managed super funds and property investment, on the 15th of October 2014. Register your interest for your chance to learn and engage with leading experts including real estate professionals, financial advisers and estate planning specialists.

Learn all there is to know about self-managed super fund and property investment and have your chance to ask the hard questions about property within super. This free seminar will help you take your first guided steps to putting the correct structures in place and ensuring you get the most from your SMSF property investments.

Expert advice from Owen Hodge Lawyers and Warren Saunders Insurance Brokers on: • Property within Super, How? Where? What? Why? • What steps do I need to take to put the correct structure in place?

• Property settlements – who is entitled to what

• What is required when it comes to Investment strategy?

• Children’s arrangement post separation

• Where do I find / get the right advice?

Wednesday, 17th september, 5:30pm

Tuesday, 14th october, 5:30pm

Owen Hodge Lawyers Sydney offices, Level 3, 171 Clarence Street, Sydney

Booth Saunders Pavilion, Hurstville Oval, 30 Dora Street, Hurstville NSW 2220

How to book

How to book

Call 1800 770 780 or email ohl@owenhodge.com.au with SMSF Property Investment Booking as your subject. Please include your full name a contact phone number and your postcode to reserve your place.

Call 1800 770 780 or email ohl@owenhodge.com.au with SMSF Property Investment Booking as your subject. Please include your full name a contact phone number and your postcode to reserve your place.

OVER 60 YEARS OF TRUSTED EXPERIENCE

• Is Estate Planning in a SMSF important?

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Mediation as a dispute resolution method FAMILY PROBLEMS, CHILD CUSTODY ARRANGEMENTS OR PROPERTY DISPUTES CAN BE A NIGHTMARE FOR MANY PEOPLE. Mediation is an Alternative Dispute Resolution (“ADR”) and can help you resolve things without appearing in court.

Mediation is a process in which a Mediator assists parties, wether they are individuals or organisations, to reach a feasible agreement.

In mediation, there is an emphasis upon making an agreement in a short period of time, providing the parties co-operate.

In other words, mediation is likely to be a quicker and more cost-effective approach than a formal process such as arbitration.

Mediation should be considered as early as possible after a dispute has begun.

It is also true that Meditation is also appropriate when a dispute involves complex issues or multiple parties.

Unlike arbitration, the mediator cannot impose a decision upon the parties. Usually, an agreement reached in mediation is not legally binding. However, both parties can make it enforceable by including a statement claiming that they want the decision to be legally binding.

The mediation process may involve • Assisting negotiations by asking relevant questions • Assisting the participants to define and elucidate the issues under consideration • Assist participants to exchange relevant information • Promoting a focus on the interests of those who may be involved to consider different perspectives and alternative methods

• Providing broad opportunities for understanding • Facilitating an awareness of mutual and individual interests

Benefits of Mediation Privacy: Mediation empowers parties to preserve their rights without public disclosure, mediation is private.

Satisfaction: Often leads to more satisfactory outcomes, because both parties decide and agree on the outcome of their dispute.

Flexibility: Help separating couples reach agreements that are in the best interest of their children.

Cost: The parties share the cost of mediation 50/50; the cost is lower than litigation.

Time: A dispute can be resolved more quickly through mediation.

Considering the alternatives and the many benefits, mediation just makes sense.

WHAT’S ON IN SYDNEY 25 March – 05 October

01 – 30 September

07 September – 19 October

Strictly Ballroom the Musical

Sydney Fringe Festival

The King and I

Baz Luhrman’s classic 1992 film is transformed to the stage at the Sydney Lyric, Pirrama Road Sydney Lyric Pyrmont 2009.

The Sydney Fringe Festival celebrates the cultural heart of Sydney at various locations across Sydney. Featuring local artists Sydney Fringe Festival encourages new audiences to experience independent arts.

Christopher Renshaw’s triple Tony Awardwinning production waltzes back in Sydney, 23 years after its Australian premiere at the Sydney Opera House, Bennelong Point Circular Quay 2000.

19 July – 28 September

06 – 13 September

Archibald, Wynne and Sulman Prizes

Glebe Art Show

The Archibald, Wynne and Sulman Prizes is an annual exhibition eagerly anticipated by artists and audiences alike at Art Gallery of NSW, Art Gallery Road The Domain Sydney 2000.

The Glebe Art Show is a non-acquisitive art show and all displayed artwork is for sale.

The show aims to support and encourage both emerging and established artists.

20:00 to 22:30 1300 723 038

10:00 to 17:00 (02) 9225 1744

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08:00 to 23:00 (02) 9550 6087

Call Number for Times (02) 9318 8200

Weekdays 10:00 to 18:00 www.glebeartshow.org.au

OWEN HODGE LAWYERS

Shedding light on commercial litigation Conflicts and disputes are an unavoidable facet of business life, a simple conflict or dispute has the potential to blow out of proportion into a huge, costly legal matter… this is where commercial litigation comes in. Commercial litigation is an overarching term that embodies any type of legal dispute and controversy related to business issues.

it is much more specific to dealing with, but not limited to, the conflict. Whereas, business litigation law encompasses drafting agreements, intellectual property rights protection and other business matters that do not involve a conflict.

• Trade practices

Cases that fall under commercial litigation include:

• Trademark and copyright infringement

Generally, a commercial litigation team acts as a mediator between parties with the main goal to resolve conflict through negotiation to achieve outcomes that keep both parties satisfied before a court hearing is scheduled. Commercial litigation differs from business law in the sense that

• Debt recovery • Contractual and commercial disputes • Insolvency and bankruptcy • Business dissolutions • Employment disputes

• Professional negligence claims • Compliance • Commercial insurance claims • Intellectual property disputes For more practical and commercial advice in relation to all types of commercial litigation and all stages of court proceedings from mediation through to representation at court hearings, contact the Owen Hodge Commercial Litigation Team and Specialists by calling 1800 770 780.

• Partnership and shareholder issues

COVERING YOUR ASSETS WHAT EVERYONE IN PROPERTY SHOULD KNOW ABOUT HOME WARRANTY INSURANCE

Claims where the work is completed but not to satisfaction

A claim for losses can include

• Insurance must provide cover for a time over 12 months after the failure to commence or cessation of the work

• Contractor or supplier providing faulty design

Real estate is a booming industry with an ever-increasing demand accompanied by an ever-decreasing supply. People have caught on quick to the substantial profits that can be gained from buying property, knocking it down and building new houses or units to sell at a greater value than the previous property. However, what happens when the building process goes horribly wrong and you are left in debt with a halfbuilt property on your hands? Under the Home Building Act 1989 (New South Wales Consolidated Act) (the Act) you can make a claim under the Home Owners Warranty Insurance to gain back some, if not all, the financial burdens that have been caused.

This act allows for a claim to be made in the case of loss or damage caused to the owners due to the incomplete or defective work done by a builder, a trades person, a developer or an owner-builder. There must be a significant effort made by the owner to exhaust all other alternative methods of recovering the financial loses before a claim is made. The coverage of the claim comes in two variations.

• The insurance must also provide cover for other losses insured firstly, when there is a loss from a structural defect up to 6 years after completion of the work. As well as in the case of loss arising from any other reason for a time period up to 2 years after completion of the work.

OVER 60 YEARS OF TRUSTED EXPERIENCE

Claims where the work is not completed the warranty period starts on • The date, the contract is terminated • If the contract is not terminated – the date the work is ceased.

• Any breach of statutory warranty

• Any cost incurred due to alternative accommodation • Any loss of deposit suffered • Materials and components defect • Any non-completion of work • Any legal or other reasonable costs incurred while recovering compensation from the contractor or supplier.

If a claim is successful, you could receive cover for at least $340,000 of the loss or damages caused to the owner. Furthermore, any claim made for incomplete work is subjected to a limitation of 20% of the contract price and up to a maximum of the cover provided by the policy.

It should be noted that there is potential for the cover to be extended for an extra six months, if the homeowner becomes aware of the defects in the last six months of the statutory warranty period.

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The Prenup Path WHY MORE COUPLES THAN EVER ARE LOOKING FOR FINANCIAL SECURITY BEFORE THEY WED. For most, the pre marriage period is one of happiness and joy where bride and grooms’ cups runeth over with excitement and anticipation. Engaged couples are typically head over heels in love and the last thing they want to think about is the possibility of their marriage crumbling before ‘death do they part’. But statistics don’t lie, and almost half of all modern marriages result in divorce, and once that happens the proverbial cup is no longer filled with excitement and anticipation but rather questions of what happens to your assets, debts and property.

There is a growing trend for couples to think ahead and consider all of these notions before marriage; after all, this is the rest of your life we’re talking about. Divorce can get messy, fast; as a result many couples see no alternative but to look to a prenuptial agreement.

A prenuptial agreement is a written contract between two people who are about to marry, setting out the terms of possession of assets, treatment of future earnings, control of

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the property of each, and potential division if the marriage is later dissolved. These agreements are fairly common if either or both parties have substantial assets, children from a prior marriage, potential inheritances, high incomes, or have been “taken” by a prior spouse. In layman’s terms a ‘prenup’ used in the event of divorce or death to predetermine who gets what.

Yes, it may seem unromantic. Where’s the unconditional trust and forever lasting love?

I’m sure it’s still there, but it’s being overcast by a cloud of financially savvy minds. Many experts would argue it is just smart financial planning and ensures that your financial matters are handled in the way that you wish rather than being dictated by the state.

A prenup is definitely a touchy topic, and discussing whether a prenup is right for you and you partner can really hit a raw nerve.

It is a very serious decision that should only come after serious discussion between you and your significant other.

OWEN HODGE LAWYERS

5 TIPS WHEN CONSIDERING A PRENUP: 1. Keep it financial Before you even decide if you want to go through with a prenuptial agreement discuss with your partner the fact that you want to keep the agreement strictly limited to financial matters. This issue is hard enough without added family dramas.

2. Discuss the issue well before the wedding Remember that financial matters are an integral part of a marriage and sorting them out well before you take your vows could save a lot of drama in the future.

3. Allow yourself plenty of time This is not a decision you want to rush. Give yourself adequate time to discuss, and decide if this is the right option for you in a manner that is comfortable for you and your partner.

4. Draw up a list of assets, liabilities and property Self-explanatory, really. Laying it all out can help you decide if a prenup is the right decision for you and your partner.

5. Talk talk talk The importance of open communication cannot be overstated. Discussion and communication is key in a marriage and it is topics like this where your communication skills will be put to the test. Ensure you and your partner allow for open, flowing and honest discussion on all matters.

5 of the most shocking celebrity prenups When celebrities drop the knee there is usually some big money at stake. Many Hollywood marriages seem governed by a prenuptial agreements and it makes for some pretty interesting viewing for us mere mortals.

Heather Mills and Paul McCartney

Elin Nordegren and Tiger Woods

Katie Holmes and Tom Cruise

The golfing superstar’s prenup was altered after rumours surfaced regarding his infidelity resulting in Woods paying his wife of six years well over $700 million.

Nicole Kidman and Keith Urban

Keith Urban has struggled with drug addiction over the years, so as a motivation to stay clean Nicole Kidman demanded $650 000 for each year the couple was married if he returns to drugs.

OVER 60 YEARS OF TRUSTED EXPERIENCE

This couple chose to go without a prenup and when they split 5 years into their marriage Mills walked away with $35 million with an additional $70, 000 a year in child support.

The agreement between these two celebrities landed Holmes a whopping $3 million for every year they were married once they divorced.

Denise Richards and Charlie Sheen

Renowned infidelity icon Charlie Sheen’s prenup with Denise Richards agreed to leave her with $4 million, as long as she had proof of his cheating.

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INDIVIDUAL AND COMMERCIAL LAW SPECIALISTS Enhancing the lives of our clients by providing for their financial and legal requirements in the acquisition of wealth, protection and management of assets and the transfer of wealth throughout generations.

CALL 1800 770 780 VIEW www.owenhodge.com.au VISIT Sydney Office Level 3, 171 Clarence Street, Sydney NSW 2000 Hurstville Office Ormonde Parade, Hurstville NSW 2220