THE
OHL WIRE
NEWSLETTER
Christmas should be a time for celebration: for letting your hair down, enjoying life and taking some well needed rest and recreation. Yet, to the contrary, stories of stupidity and misfortune arise which inevitably lead to legal problems. We could talk about the dire consequences of an inability to ‘think before you drink’, particularly when you decide to sit down in the driver’s seat of your car and start the ignition. There is a range of consequences that result from these actions including jail, fines and the human toll that haunts hundreds of people should something go terribly wrong.
employer throwing a Christmas party, make sure staff enjoy themselves, but in a way that doesn’t hurt fellow staff members. For instance a Workers Compensation claim was ruled favourably for the claimant a few years ago by the NSW Workers Compensation Commission after an employee got drunk and started crash tackling staff. It was in fact the tackler who made the claim after he injured himself. His behaviour was found be encouraged by his employer and therefore the employer was made to pay compensation.
Obey the law if you’ve had one too many and avoid catastrophe.
Workplace assault, sexual assault and bullying, whilst not commonplace may rear their ugly heads at a Christmas party, so make it a civilised one.
We could also talk about the range of problems caused at work parties gone bad and the liabilities faced by employers. The rules here are simple. If you are an
Finally, let’s talk about the product that is about to flood the market from overseas or even internally, which doesn’t meet Australian standard.
The introduction of “de-facto” relationships to the Family Law Act 1975 (Cth) (“The Act”) has largely afforded both same sex and heterosexual de facto couples the same rights in respect of family law disputes as married couples. The Act acknowledges the existence of a de facto relationship between two people if:
under the Act in the same way married couples were. The breakdown of de facto relationships required spouses to apply through the civil court system regarding property entitlements post separation and each asset was usually dealt with separately on a contributions basis. Contrastingly for married couples, the Family Court consolidated all assets into a pool and determined an overall split which was both just and equitable in the circumstances.
• The parties are not legally married to each other; and • The parties are not related: and • Having regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis. Same sex couples and unmarried heterosexual couples in Australia who satisfy the above criteria are recognised as de facto couples. Recent changes to the Act, generally allow de facto couples the same rights as married couples. Prior to these changes, the breakdown of a de facto relationship was not dealt with
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While there is no restriction on a married couple, in order for a de facto couple to rely on the jurisdiction of the Family Courts to determine a property matter, they must satisfy the Court of one of the following: • That the period (or the total of the periods) of the de facto relationship is at least 2 years; or • That there is a child of the de facto relationship; or • That one of the partners made substantial financial or non-financial contributions to
People looking for a bargain can still find quality products that may not leak, break or be a health a hazard. We urge people to be vigilant with what they buy and try to buy a product that meets our very rigorous Australian standards. Australian Consumer Law says that if a product is not acceptable quality’ you may have the product replaced or refunded. Don’t be afraid to take a poor quality product back to the manufacturer, particularly product that may be noncompliant. Christmas is a time to enjoy with friends and family. We urge everyone to have a safe and happy festive season and stay out of trouble. If you do get into trouble, remember Owen Hodge Lawyers is just a phone call away.
the property or as a homemaker or parent and a serious injustice to that partner would result if the order was not made, or • That the de facto relationship has been registered in a State or Territory with laws for the registration of relationships. • Same sex couples are not currently permitted to marry in Australia, nor are overseas same sex marriages acknowledged in Australia. However, same sex couples may rest assured that provided they are classified as de factos pursuant to the Act and they satisfy one of the abovementioned criteria, then they have every right to rely on the Family Court system to make orders to finalise their property with an ex spouse. It is imperative, whether you are a de facto or married couple, to seek the advice of an experienced family law solicitor who will ensure the best possible outcome is achieved in the circumstances.
OWEN HODGE LAWYERS
Maximising your
Superannuation Organising your superfund effectively is now increasingly important with the proposed changes to superannuation limits and age. The current proposals include: • Delaying the increased super guarantee rate by more than 6 years • Removal of the Low Income Contribution scheme • Increased age limit for employers to pay super • Increasing age pensions ages Most of these changes will now force employees to maximise their superfund. By selecting a superfund that is most suited to your desired retired life and your current income level, as well as understanding certain benefits allowed, little changes to your saving could boost your future enjoyment exponentially.
Consolidating multiple superfunds: Moving your funds through consolidation will save costs as you only pay one set of fees and will save you time, reducing paperwork and making it much easier to trace your superfund’s activity. Before consolidating accounts, assure that termination fees and loss of insurance benefits are prevented. If your superfund is not appropriate for your income level and the retirement you want, then selecting the most effective superfund is vital. Based on multiple criteria including investment, fees, financial planning etc, the best super fund was Telstra Super managing $13.5billion in assets. It included investment options between 60% - 76% in growth assets and calculated a return of 15.8%. Similarly the best pension fund was REST Allocated Pension that managed 1.9 million members.
Account based pension: This is a steady salary that you receive when you reach pension age. The structure of an allocated pension allows you to avoid paying tax on investment revenue, access your money at any time, avoid income tax after 60, vary payments and decide how your income is invested. Rolling over your super: Super is not identified under means testing if you are under the age pension age. Hence if one member of a couple is the age pension age or older, he/she can transfer part or all of their super into their partner’s fund if they are under the age pension age. This will effectively lower assessable income, avoid more payments and may provide you with age pension entitlements.
OVER 60 YEARS OF TRUSTED EXPERIENCE
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Think of the Children:
Child custody and support, what you need to know
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OWEN HODGE LAWYERS
When dealing with a marriage breakdown, it is imperative to understand your legal entitlements in respect of property, writes Laura Gardiner.
While it may seem somewhat ‘unromantic’, there are many advantages to entering into a Binding Financial Agreement with your spouse. These include but are not limited to the following:
Marriage breakdown is one of the harsher realities of life. The time you have invested in your partner is lost. If you have children, they often blame themselves. Your friends divide. And day-to-day life is swept up in a Tsunami of emotion that often you can neither understand, nor control.
• Deciding on the terms of your financial relationship in a period where you are both happy in the relationship will likely reflect an agreement that is both fair and reasonable to all.
From a financial perspective, the nature of family law disputes is such that a positive result is rarely achieved. Financial disagreements are fuelled by emotion, trauma and uncertainty. Those feelings are worse for those who have never controlled the family purse or been involved in management of household finances. The problem is that what once belonged to the collective, must now be divided to service two individuals (and often children) and their respective lifestyles and living arrangements.
So, can any positive outcome occur?
Positive outcomes may occur if both parties agree about division of property, remembering that for the purposes of family law disputes the term “property” encompasses any asset held by either party in their sole names or joint names with any other third party including real estate, motor vehicles, shares, funds in bank accounts and any other asset from which a benefit to either or both parties is derived. Ideally, there will be an agreement by consent as to who receives what. It is strongly advisable to seek legal advice about your entitlements before discussing any agreement with your ex-spouse. The trick to a successful outcome is to approach the division of property from an informed and educated perspective. Put your emotions aside if you can, or at least on hold, and seek professional advice. Astoundingly, less than 5% of family law financial disputes end up being determined by a Judge. It is therefore necessary when an agreement is reached by consent, that it be drafted into a legally enforceable document to avoid any future claims by one party against the other. Verbal agreements mean nothing in a court of law, particularly in relation to the division of property. The court requires legally binding and enforceable documents to uphold an agreement. It is best to have an experienced family law solicitor document any agreement reached between you and your ex-spouse in the correct format to avoid further pain and unnecessary stress.
Now, what about pre-nups?
Binding Financial Agreements (commonly known as ‘Prenuptial Agreements’), are the only mechanism to safeguard assets – this includes possible future inheritances. In addition, pre-nup agreements remove the tedious, emotional and costly task of negotiating a property division post-separation.
OVER 60 YEARS OF TRUSTED EXPERIENCE
• A Binding Financial Agreement is an excellent mechanism for providing certainty and reassurance in situations where you may be entering into a second or third marriage and have already been through the trauma of separation on one or possibly numerous occasions. • A Binding Financial Agreement acts in a similar vein to that of an insurance policy. It is a safety net that you can rely on in the event that separation occurs despite hoping you will never need to implement its terms. • A Binding Financial Agreement is the only mechanism to safeguard or quarantine certain assets and even future assets (for example inheritances) from being the subject of family law property disputes post-separation. • A Binding Financial Agreement can be used as an estate planning tool to ensure your property passes to the intended recipient. This is often more important in subsequent marriages with children to a previous marriage. • Binding Financial Agreements are a far more cost-effective method to settling property matters post-separation than the alternative of legal negotiations or Court. It should be viewed as an investment and a necessary pre-marriage expense to be factored in to a couple’s finances prior to marriage. It is important to note that Binding Financial Agreements may be set aside in some circumstances. To be enforceable, a Binding Financial Agreement must: • A prenuptial agreement must be in writing, dated, signed and witnessed by all parties; • It must be based on an acknowledgement that full and frank disclosure of all assets and liabilities has taken place between the parties; • If parties have legal representation, both parties must retain separate lawyers to ensure they receive unbiased and independent legal advice; • The agreement must not have been signed under duress, coercion, or undue influence. For this reason, in the case of prenuptial BFAs, most attorneys advise that it be executed at least 60 days before the wedding; Divorce is a messy business and becomes messier the longer disputes go on. So take care to know your rights and take steps to create a fair and amicable solution before the proverbial hits the fan. In any event, it is most important to seek the expertise of an experienced family law solicitor.
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Aussie’s love a caravan road trip holiday. Quite understandable because what is better than going on an adventure and enjoying the different aspects of Australian life in a caravan whilst escaping the buzz of the city? With the holiday season upon us, here are our best destinations for a real caravan vacation.
1. Cairns, Queensland
2. Great ocean road, Victoria
Snorkel or dive in the Great Barrier Reef, find great food and nightlife in the city of Cairns, explore the Daintree rainforest or go fishing with one of the many experienced operators. Cairns is also the home for a lot of beautiful caravan parks like Cairns holiday park, Palm cove holiday park, Fitzroy Island and Cairns coconut holiday resort.
Definitely one of the world most beautiful coastal rides. The twelve apostles are really a nature wonder. Explore the rainforest and tall trees at Great Otway National Park. You can get up close with wildlife and spot the sea life. The great ocean road is home of Australia’s best caravan park of 2014; Great ocean road tourist park. Great ocean road tourist park is located in Peterborough and is ideal for family fun.
3. Alice springs, Northern territory
4. Rainbow beach, Queensland
5. Broome, West Australia
Alice springs located right in the heart of Australia is a really good location to enjoy your holidays with a caravan. The city is a natural base for exploring Central Australia, with Uluru- Kata Tjuta National park a relatively close four-hour drive away. Explore the real outback from Australia in the red centre, visit the museum of Central Australia or explore the aboriginal culture.
A quiet, laidback holiday resort. Perfect if you want to escape the buss from the big city and really want to relax. There are several caravan parks to stay at, but you can also decide to stay at the Great Sandy national park. Because Rainbow beach is ideally located on the Fraser Coast of QLD Australia you can easily plan a day at the beautiful Fraser Island in the south.
Broome’s climate makes it a popular destination year-round and it has eight large caravan parks in and around town. Visit the horizontal falls, cable beach or go on a Broome camel safari.
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OWEN HODGE LAWYERS
What’s on
Surry Hills Village Concert
Lights of Christmas by Payce
Sunday 7 December 6.30pm till 8.30pm
Tuesday 9 - Thursday 25 Dec 7:30pm till 12:00pm
This free family-friendly concert, packed with children’s entertainment, live music, fireworks and a visit from Santa is hosted by James Tobin, with a welcome from Lord Mayor Clover Moore. Prince Alfred Park, Chalmers St, Surry Hills
The real spirit of Christmas is celebrated in a spectacular free light and sound show at St Mary’s in December when AGB Events illuminate the Cathedral’s 75 metre high façade. Cathedral square near College St
OVER 60 YEARS OF TRUSTED EXPERIENCE
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