Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 11 August 2018.
Susan and Gordon have been in a relationship for 20 years.
Susan has two children to a previous relationship.
When Susan dies, her will makes provision for Gordon by way of an indexed annuity of $52,000 per year.
This means that Susan’s executors must pay Gordon one thousand dollars per week for the rest of his lifetime. This amount is adjusted in-line with CPI. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 4 August 2018.
Alan dies at the age of 50. He had not made a will.
Alan was survived by his second wife, Susan and two minor children to a previous relationship.
Because Alan did not have a will, his estate was to be distributed under the laws of intestacy and given that his estate has a value of $430,000, Susan is entitled to the whole of the estate and Alan’s children receive nothing.
Alan’s children commence proceedings, seeking provision from their father’s estate. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 28 July 2018.
Jill dies without making a will. Her estate includes a house and a substantial bank account.
David makes an application for a grant of letters of administration on the basis that he was Jill’s de facto spouse and that he is entitled to the whole of her estate.
The probate Registry refuses David’s application on the basis that his affidavit evidence does not “go far enough” to establish the existence of a de facto relationship.
David applies to the Supreme Court for a review of the Registrar’s decision. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 21 July 2018.
Gordon, a motor vehicle mechanic, trips over his toolbox in the workshop and sustains a serious injury to his back. The incident occurred in 2013.
Unfortunately, Gordon was unable to return to any type of work and underwent a total of three major spinal operations.
A workers compensation claim was made with the employer’s insurer relating to Gordon’s inability to work and he received weekly payments. These payments were initially 90% of his average weekly earnings but these payments were reduced to 80% after 13 weeks. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 14 July 2018.
Margaret’s daughter, Penny is getting married to Chris.
Margaret gives them a unit that she had been using as an investment property as a wedding gift. The property is transferred into Penny and Chris’ names jointly and Margaret pays the stamp duty.
Tragically, during Penny and Chris’ honeymoon, they are involved in a car accident and they are both killed.
Penny was 30 years old and Chris was 28 years old when they died. They did not have any children and they had not executed wills. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 7 July 2018.
In December 2017, Jason is involved in a motor vehicle accident. He sustains soft tissue injuries his neck and lower back and an injury to his left knee resulting in a total medial meniscectomy.
The accident was caused by the fault of the other driver.
Jason sees his solicitor just prior to Christmas 2017. He is advised that he needs to lodge an application for personal injury benefits within three months of the date of the accident and to receive weekly benefits from the date of the accident, he needs to lodge his application within one month. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 30 June 2018.
Paul and Jane were married a few years ago.
When the couple are visiting their friend’s farm, Jane is tragically involved in an accident involving a quad bike. Jane is 30 years old at the time.
When Jane arrives at a Sydney hospital, she is unresponsive and sedated. She is diagnosed as suffering from a severe brain injury and the surgeons, neurosurgeons and orthopaedic surgeons agree that Jane is in fact brain dead. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 23 June 2018.
Agnes has two children, Robert and John. Agnes decides to appoint Robert as her sole enduring guardian.
The appointment of enduring guardian authorizes Robert to make decisions for Agnes if she loses the capacity to make decisions for herself.
These decisions include deciding where Agnes lives, deciding what healthcare she receives, deciding what other kinds of personal services she receives and extends to consenting to medical and dental treatment on Agnes’ behalf. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 16 June 2018.
Peter, a railway worker, injured his knee when alighting from a train in 1999 and as a result, underwent a total meniscectomy of his left knee.
Peter made a workers compensation claim and began receiving weekly payments.
Over the years, Peter’s knee deteriorated significantly and in 2016 at the age of 66, Peter was advised that he required a total knee replacement.
His whole person impairment (WPI) was assessed at 10%. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 9 June 2018.
Bill makes a home-made will. When Bill passes-away, a number of issues arise.
Bill leaves $100,000 to his son, Charles on the condition that he does not contest Bill’s will, seeking further provision. Charles is aware that the gift constitutes a relatively small portion of Bill’s estate and believes he is entitled to a greater share. Charles is concerned that if he contests his father’s will and is unsuccessful, he will also miss-out on the $100,000 gift. Charles obtains legal advice and is informed that the condition is invalid and that Bill’s will is interpreted as gifting him the $100,000 unconditionally. Charles retains the same lawyer to contest Bill’s will and uses part of the $100,000 to pay his legal costs. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 2 June 2018.
Laura (30) is Matthew’s (70) second-cousin.
Laura says that Matthew told her; “I will leave everything to you in my will, for all the work that you have done and all the work that you are going to do for me in the future. She says that Matthew repeated words to this effect every three or four months.
Laura says that over more than 17 years, in response to Matthew’s promises, she visited him on a weekly basis, when she would cook for him, attend to his grocery shopping, clean his house and take him to doctor’s appointments. When Matthew required a hip replacement, Laura says she cared for him daily for more than a month. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 26 May 2018.
Jane and Toby purchase a new house but unfortunately, one of the fences on the boundary is rotting-away and is in a dilapidated state.
Jane and Toby approach their neighbour, Fred, to discuss building a new fence. Fred is not willing to contribute to the cost of fencing. He also says that if a fence is necessary at all, it should be a post-and-wire fence and not a colorbond fence as proposed by Jane and Toby. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 19 May 2018.
Robert and Moira owned a house which was totally destroyed by fire.
Their insurance company offered to pay $490,000 which their insurer stated, was the reasonable cost of rebuilding the home. It was not disputed that the home could not be repaired.
Robert and Moira claimed that they were entitled to $850,000, being the amount shown on their policy for “buildings sum insured”. This was a difference of $360,000 from the amount offered by the insurance company. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 12 May 2018.
Mary was divorced several years ago and has two adult children. She meets Barry and after a few years they are married.
Mary owns her own home and Barry has very few assets.
Mary is concerned about her estate planning and researches her options. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 5 May 2018.
Gary and Jill wish to sell their home and relocate closer to their children. They own their property as joint tenants.
Paul wishes to purchase the property and after paying a 10% deposit to the real estate agent, contracts are signed and exchanged. Settlement is scheduled to occur 28 days later.
Unfortunately, Gary dies before settlement. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 28 April 2018.
Michael, an indigenous Australian, died without a will.
Michael had very few physical assets, but searches revealed that he had funds in superannuation and that a substantial death benefit was payable. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 21 April 2018.
In January 2003, Travis had recently finished high school and needed work. He visited OG Quarries Pty Ltd and spoke with Gary, the quarry manager. Gary offered Travis a start and put him to work immediately as a labourer.
Travis proved to be a hard worker and continued employment with OG Quarries for 15 years. He was provided yearly pay increases and consistently worked at least 38 hours per week, plus overtime at double pay.
However, in January 2018, after a disagreement with his foreman, Travis was fired and told to leave the site immediately. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 14 April 2018
Jennifer, who is now 45 years of age, was sexually abused by her step-father when she was in her early teens.
Over many years, Jennifer has difficulty coming to grips with the abuse and it is only in her early 40’s that she seeks counselling and reports the abuse to the police. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 7 April 2018.
Graham worked for Babel Fisher Pty Ltd, teaching Spanish language classes. Graham was initially employed on 1 April 2015, as a full-time teacher under a 12-month fixed-term contract.
On 1 April 2016, when Graham’s contract expired, it was renewed for another 12-months, then again for a further 12-months on 1 April 2017.
In March 2018, Graham is informed by his manager that his contract was not going to be renewed, as there had been concerns about his performance.
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 31 March 2018.
Josh is 38 years old and married with two young children. On Wednesday 28 February 2018, Josh is involved in a serious car accident with another vehicle and fractures his right arm.
After attending the accident scene, the police interview Josh but it is unclear who was at fault for the accident.
Josh spends a few days in hospital and is sent home in a cast. Josh’s Doctor informs him that he will be unable to work for at least 10 weeks. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 24 March 2018.
Jane’s best-friend is her Labrador, Lucky.
Jane is concerned about making proper provision for Lucky in her will.
Jane discusses her wishes with her solicitor.
The solicitor advises her that although some clients ask that their will include a clause requiring a pet to be destroyed, it is possible to establish a trust in her will to ensure that Lucky is properly looked-after. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 17 March 2018.
Michael is in his late 60s. He has a child, Peter, who is in his 30s. Peter is married with three children.
Michael consults his solicitor regarding his estate planning.
They discuss putting in place a discretionary testamentary trust, also known as a bloodline trust.
Michael’s solicitor discusses the matter with Michael’s financial planner. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 10 March 2018.
Jim passes away at the age of 85.
30 years ago, Jim had an extramarital relationship for around six years which resulted in the birth of an ex-nuptial child, Larry.
DNA testing proves that Jim is Larry’s father.
Under his will, Jim leaves his house to his wife of 30 years and the rest of his estate to their two children equally.
Jim’s Sydney mansion is valued at $35 million and his superannuation totals $4 million. His bank accounts total $5.5 million. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 3 March 2018.
Matthew passes away at the age of 55 years. He made a will leaving the whole of his estate to his three children.
Matthew was an airline pilot and his estate was valued at $1.5 million.
Brenda makes a claim against Matthew’s estate, on the basis that she should receive provision by virtue of being Matthew’s de facto partner.
The court notes that in order to be successful, Brenda must show that she and Matthew had a relationship as a couple “living together”. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 24 February 2018.
John is a timber mill worker. Unfortunately, he is injured at work, when a piece of timber strikes him, causing a serious fracture to his left arm.
John is unable to work for approximately five months, before returning on light duties.
During the time that he is off-work, John makes a claim for workers compensation and for the first three months he receives 95% of his pre-injury average weekly earnings.
John is then only entitled to receive 80% of his average weekly earnings for the remainder of the time he is off-work. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 17 February 2018.
During the week, Manny gave a presentation regarding estate planning for carers. An extensive Q&A session raised a number of important issues. Some of the issues are addressed in this week’s Hypothetical.
Peter has three children. One of his children, Chris, suffers from a severe mental disability.
Peter unexpectedly passes-away without making a will. His estate is divided equally between his three children under the rules of intestacy. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 10 February 2018.
Harry passes away at the age of 88. He is survived by his two daughters, Christine and Olivia.
Harry’s estate consists primarily of a house valued at $800,000.
Harry’s will appoints Christine as executor and gives the house to her. The rest of the estate is to be divided equally between the two daughters but after the legal costs and debts of the estate are taken into account, there is nothing left for Olivia. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 3 February 2018.
Sally takes her daughter to a dance eisteddfod at an auditorium owned by a local Council.
There had been heavy rain on the morning of the function and when Sally walks into the auditorium, she slips on a substantial amount of water which had been dropped-off umbrellas and onto the wooden floor.
Unfortunately, Sally receives a severe fracture to her knee, necessitating a total knee replacement.
Sally’s solicitor makes a personal injury claim after Sally’s injury stabilises, 18 months after her accident. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 27 January 2018.
Fred was widowed many years ago and continues to live in the family home. He is very independent and continues to live in the home for the next six years, with his children keeping an eye on him.
Fred is very well-organised and makes sure that his Will is up to date. He also understands the importance of putting in place an Enduring Power of Attorney and Appointment of Enduring Guardian. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 20 January 2018.
Jason, 35 years of age, is involved in a motor vehicle accident on 2 December 2017, when a vehicle fails to stop and collides with the rear of Jason’s vehicle.
Jason receives a severe whiplash injury to his neck and suffers severe bruising to his chest and abdomen from his seatbelt.
Jason is a builder and as a consequence of his injuries, he is unable to return to work.
Jason sees a solicitor, who informs him that new legislation has come in to affect, which has drastically reduced the benefits for many claimants. He is advised that the whiplash injury and associated bruising to his neck, will likely only constitute a “minor injury”, entitling him to limited compensation for economic loss and medical expenses for just a maximum of 26 weeks. [continue reading…]
As many of you are aware, I write a weekly column in the Saturday Advocate (and yes, I actually write them).
I recently notched-up my 200th article and I thought I’d share a few of my favourites. A “greatest hits” if you will…
Remember, if someone pinches your paper, or it is overly soggy, the columns are available on the Advocate website and I also upload all of them to the Ticli Blaxland website. [continue reading…]
Many people start a business from scratch but sometimes it is easier if you purchase a business as a going concern. But it is important that you do have some general business experience and preferably some experience in the industry that the business relates.
Obviously when buying a business you will be selecting an appropriate type of business that you wish to purchase and you should work out the limits of your budget. If you need to borrow to finance the purchase then you should make appropriate approaches to lending institutions to see what terms they will require including interest rates and what equity they require you to have in the purchase i.e. the percentage of the equity as compared to the loan. You may also need working capital after the purchase.
As of 1 December 2017, the Motor Accident Injuries Act 2017 (MAI Act) is in force in New South Wales, replacing the former Motor Accident Compensation Act 1999.
Below is a snapshot of the features and changes to the law under the new MAI Act, which you should be aware of if you are injured in Motor Vehicle Accident and you make a Compulsory Third Party (CTP) Insurance claim.
The new MAI Act introduces a no-fault statutory compensation scheme covering medical treatment expenses and lost wages for a period of up to 6 months, followed by further fault-based statutory benefits scheme and modified fault-based damages.
This is a move away from the purely fault-based scheme under the old Motor Accident Compensation Act 1999, where fault needed to be attributed to another owner or driver for the injured person to be eligible for damages. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 13 January 2018.
Michael and Ruth married, lived together for two years and had a child together.
When their relationship broke-down, Ruth commenced proceedings in the Family Court.
The court found that the net assets of the relationship at the time amounted to $400,000. The court considered the contributions of the parties during a relatively short relationship and the earning capacity of the parties and ordered that Ruth receive 40% of the asset pool, amounting to $160,000. The parties complied with these orders. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 23 December 2017.
John and Josephine and are both retired. John receives a superannuation pension and Josephine receives an Aged Pension from Centrelink.
They own their own home as joint tenants. They each have a motor vehicle, have a joint bank account and own some jointly held shares.
They make wills leaving their whole estate to each other and if the other is not alive, then to their children equally.
Unfortunately, John passes away and Josephine consults a solicitor regarding his estate. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 16 December 2017.
Gordon and Janice are in their 50s. Their children have recently moved out of home.
While holidaying on the coast, they decide that they are ready for a “Sea Change”. They are excited about giving-up their jobs in Sydney and are looking to buy a business on the coast.
Gordon and Janice find a takeaway business that appeals to them and they make an appointment to see a local solicitor, with a good knowledge of the area.
Their solicitor informs them that the first step in the process is to undertake “due diligence”. This means obtaining copies of the business’ books to ascertain whether it is a viable venture. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 9 December 2017.
Penny and Charles have a child together, namely David and separate shortly thereafter.
David spends most of his youth with his grandparents.
Sadly, David is involved in an incident at the age of 17 and passes away.
Penny and Charles are David’s next-of-kin and a dispute arises between them regarding who the appropriate person is to make David’s funeral arrangements. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 25 November 2017.
Many of my columns detail circumstances whereby a will is successfully challenged and I am often asked; “Why bother making a will?”.
Here’s why.
Although you can’t stop an “eligible person” from making a claim for further provision, proper estate planning that considers the needs of eligible persons and provides them with some provision can prevent a claim. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 18 November 2017.
Chris and Karen are married but estranged.
They are the sole members of a self-managed superannuation fund.
Karen makes a will, appointing her two children as executors. Her will leaves her interest in the superannuation fund to her children and specifically states that she does not wish for Chris to receive a share of her superannuation entitlements. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 11 November 2017.
Andrew unexpectedly passes away. He was never married and had no children. He did not leave a will.
Andrew and Mary had a “close” relationship for many years.
Records produced by Centrelink state that Mary had received Social Security benefits on the basis that she was not in a relationship with Andrew. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 4 November 2017.
Lindy, aged 88 is becoming forgetful and needs some help in managing her financial affairs.
Lindy is widowed and has no children.
Lindy’s nephew, Ben, talks to her about executing an Enduring Power of Attorney to formalise his ability to manage her finances. This would allow Ben to access Lindy’s bank accounts and buy and sell property on her behalf. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 28 October 2017.
Fred and Mary have operated a farming business for many years.
The farm is based on two large properties that are owned by Fred.
Mary owns a residential property in her sole name and has other substantial assets.
Fred and Mary have a son and four daughters.
Fred makes a will, with the intention of leaving one of the properties, known as “Cow Creek”, to his son and his other property to his daughters. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 21 October 2017.
David and Robert have been in a same-sex relationship for many years.
They own their home jointly and operate joint bank accounts. They have no children.
They have not registered their relationship with Births, Deaths & Marriages.
David has suffered a number of health problems recently and Robert is concerned, that if David’s health deteriorates to the point that he lacks the capacity to make his own medical decisions, he may not be recognised as David’s next-of-kin. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 14 October 2017.
Chris and Mary have been married for eight years and have one child together.
Chris and Mary separate and their child spends equal time with each of them.
Four years after separation, Chris receives an inheritance of $500,000 from his late father’s estate. By this time the parties had been divorced.
Mary commences action in the Family Court, seeking property orders that Chris’ inheritance be included in the matrimonial pool of assets and that she be entitled to a share of the inheritance. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 7 October 2017.
Bob passes away, leaving a de facto spouse, Michelle and two adult children, Tina and Chris.
Bob’s will appoints his children as executors.
The will grants Michelle the right to reside in Bob’s house until she “may marry or enter into a de facto relationship” provided she pays all rates, taxes and insurance and keeps the property in reasonable repair.
Michelle also receives the sum of $15,000 and Tina and Chris receive the balance of his $1 million estate, consisting of a number of parcels of real estate and $200,000 in cash. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 23 September 2017.
Brent, a 6-year-old child, was visiting a home rented by Cynthia from ACT Housing Commission. Cynthia owns two dogs and unfortunately one of the dogs attacks Brent causing him serious injury and the dog was subsequently destroyed.
Brent, by his father, sues ACT Housing rather than Cynthia, who has no assets or insurance. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 16 September 2017.
Andrew is keen to purchase Kay’s property and after obtaining pest and building reports, he wishes to proceed.
Andrew’s solicitor obtains and reviews the contract. Andrew informs his solicitor that he does not have the usual 10% deposit available and enquires as to whether he can pay a 5% deposit.
The vendor wishes to secure the sale as soon as possible and reluctantly agrees to accept a 5% deposit. The contract includes a “special condition” to the effect that if Andrew defaults under the contract, the vendor can claim the full 10% deposit. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 9 September 2017.
Alan and Sharon are looking to purchase a new home for $1.5m. They obtain a loan from their bank for $400,000 and Alan’s mother Vicki, advances the rest of the money.
Alan and Sharon sign a loan agreement with Vicki, to the effect that the money advanced by her is a loan, repayable upon demand. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 2 September 2017.
Kimberley and William had been happily married for many years. Kimberley had two children to a previous relationship. William did not have any children of his own.
Kimberley and William made “mirror wills” leaving everything to each other with the survivor ultimately leaving everything to the survivor’s “children”.
Kimberley passed away in 2016 and pursuant to the terms of her will, William received the whole of her estate. [continue reading…]
What You Should do up to Exchange of Contracts.
| Finance for Purchase |
When you are out looking to purchase a home, before you actually start inspecting properties and putting offers in, it is most important that you work out your finances and what you can afford. You should seek a pre-approval of a loan from the Bank if you need to borrow.
Subsequently, prior to exchange of contracts or before bidding at an auction, you should get unconditional approval of your loan.
| Exchanging Contracts with a Cooling off Period |
When discussing the purchase of the property with the real estate agent you may be anxious about the property being sold to another buyer and if this is so, you do have an opportunity to arrange for the agent to exchange contracts with a cooling off period which means you pay .25% of the purchase price as a deposit and you then have 5 business days to undertake any necessary enquiries or reports.
If you do exchange with a cooling off period it is most important that you get to see your solicitor or conveyancer as soon as possible so that appropriate reports and enquiries can be made before the cooling off period expires.
If you do exchange with a cooling off period and the 5 business days is not sufficient for you to undertake your enquiries including obtaining unconditional finance approval then it is sometimes possible for your solicitor/conveyancer to extend the cooling off period to enable those enquiries to be undertaken.
| Stamp Duty |
When purchasing a property you must remember that apart from the actual purchase price and legal costs, there is also stamp duty payable. For example, stamp duty on $350,000 will be $11,260.00 and stamp duty $500,000 will be $18,010.00.
As and from the 1st July 2017, first home buyers will not have to pay duty for both new and existing homes for properties up to $650,000. The duty will be reduced for amounts between $650,000 and $800,000. Need to clarify the cap for vacant land which hasn’t changed.
| First Home Owner Grants (New Homes) from 1st July 2017 |
In addition to the provisions relating to stamp duty for first home buyers, first home buyers will be eligible for a $10,000 grant for the purchase of a new home as follows –
| Sales Advice |
As soon as you reach agreement with the real estate agent regarding the purchase, you should make sure the Sales Advise gets to your solicitor/conveyancer and you contact your solicitor as soon as possible. This is particularly important if you have exchanged contracts with the help of the real estate agent with a cooling off period.
| Reports and Enquiries Prior to Exchange of Contracts |
As soon as possible after reaching agreement on the price for the property and prior to exchange of contracts you need to see your solicitor/conveyancer to ascertain the following –
Sometimes it is necessary to obtain other reports such as engineers reports if there is any real issue about the structure on the property or in the case of a swimming pool, it is recommended that a separate swimming pool report is obtained.
Obviously any of these pre-contract enquiries should be made during the cooling off period if contracts are exchanged with a cooling off period.
| Other Enquiries/Discussions with your Solicitor |
Obviously it is very important that you actually read the contract and the special conditions and ask any questions of your solicitor relating to the actual contract particularly as far as –
| Title When More than One Purchaser |
When purchasing a property other than in your own personal name or with another person being your spouse or otherwise, it is very important that you discuss how the title is to be held as it may have some effects in the future in terms of your financial position and/or estate planning. For instance, it is important that if you are purchasing a property with another person, you should ascertain whether you wish to hold the property as tenants in common in either equal or unequal shares which means you actually own a portion of the property and you are able to gift your portion under a Will. On the other hand you could chose to purchase the property as joint tenants with another or other persons which would mean that the surviving joint tenant/s automatically receive the interest of a deceased joint tenant.
| Verification of Identity (VOI) |
It is now necessary as and from August 2016 for a solicitor or conveyancer to go through a verification of identity process involving all dealings with a Title Deed and you will need to provide various documents to prove your identity and in particular, photographic identification such as Passport, Australian Driver License or a combination of one of these with a Birth Certificate and other means of identity will be needed. You should discuss this with your solicitor when you make first contact to ensure you have the documentation to prove your identity.
| Actual Exchange of Contracts |
Once all the above processes have taken place, your solicitor will be in a position to exchange contracts and this will then mean you are bound to purchase the property and upon settlement you will be able to take possession of the property.
Contracts are exchanged when your solicitor swaps the contract signed by you for the contract signed by the vendor and you attend to payment of the deposit.
This article is intended to be for information and educational purposes only and cannot be relied upon as legal advice. The information may not apply to your circumstances or to your particular situation. If you need specific advice or you have any questions, we welcome you to contact us directly.
A recent decision of the Federal Circuit Court has confirmed that accountants can now be held liable for the underpayment of their client’s employees. This follows other recent decisions in which an HR advisor and a payroll manager have been found personally liable for similar underpayments.
Businesses that play an advisory role in employment matters should take extra care to ensure they provide appropriate advice to their clients. The Fair Work Ombudsman has demonstrated that businesses who turn a blind eye to underpayments and other non-compliance by their clients are placing themselves at risk.
The Decision
After investigating allegations that two fast food employees were being paid below the legal minimum, the Fair Work Ombudsman commenced proceedings against both the Employer and an accountancy firm, EZY Accounting 123 Pty Ltd (EZY Accounting).
The Employer admitted underpaying the two employees nearly $10,000, but EZY Accounting denied any wrongdoing. The Ombudsman alleged the accountancy firm was “involved” in the underpayment and was, therefore, equally liable.
The Ombudsman relied on section 550(2)(c) of the Fair Work Act 2009, which provides that a person is involved in a contravention if the person “has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to” the contravention.
While EZY Accounting claimed it had no knowledge of the applicable Modern Award or the relevant minimum rates of pay, the Ombudsman was able to show the accountancy firm had assisted the employer with an underpayment issue following an audit in 2014. Further, EZY Accounting was found to have received an email from the Employer outlining Award provisions for “ordinary hours, hours on Saturdays and Sundays, along with allowances including for uniform.”
Judge John O’Sullivan commented that the underpayment would have been revealed to EZY Accounting after “even the most basic query”, and found it was wilfully blind to the unlawful practices of the Employer. He found that EZY Accounting had “at their fingertips all the necessary information that confirmed the failure to meet the Award obligations by [the Employer] and nonetheless persisted with the maintenance of its (payroll) system with the inevitable result that the Award breaches occurred”.
The court will now determine the penalties against EZY Accounting, which could be up to $54,000 for each of the seven breaches of the Fair Work Act 2009.
Risks for Businesses
These recent decisions show that the Ombudsman is now focussing on who is responsible for non-compliance with workplace legislation, Awards and workplace instruments. It is now pursuing businesses and individuals, including other employees, who provide advice to employers. This may include accountants, lawyers, HR personnel, payroll managers, franchisors, and consultants.
However, if an advisor provides the correct advice, in good faith, to an employer and the employer continues with the non-compliance, the Ombudsman has stated that the advisor is unlikely to be pursued.
Ticli Blaxland Lawyers regularly provides advice about compliance with federal and state workplace legislation, Awards, and other workplace instruments, including advice about employment conditions, rates of pay and dismissals. If you would like any advice about your business, or any business you advise, please contact James Blaxland on (02) 66 487 487 or email at james.blaxland@ticliblaxland.com.au
This article is intended to be for information and educational purposes only and cannot be relied upon as legal advice. The information may not apply to your circumstances or to your particular situation. If you need specific advice or you have any questions, we welcome you to contact us directly.
Many of my clients ask me about contesting wills. Some of my clients wish to leave a family member out of a will. Others have been left out.
Here is a brief rundown on the current state of play.
Who can claim?
Children and spouses can make a claim.
De facto spouses, including de facto spouses who have not been in a relationship for more than two years can make a claim.
Former, yes former wives or husbands can make a claim.
People who have been dependent upon you can make a claim.
Parents, siblings and grandchildren cannot claim, unless they have been dependent.
Are there Time Limits?
In New South Wales, claims must be commenced within 12 months of the date of death. Claims outside this period of time require leave to be granted by the court, which is only granted in limited circumstances.
Different time limits apply for claims made outside New South Wales.
What does the court take into account?
The court considers whether the will leaves “proper and adequate provision”.
This is assessed in light of the financial needs of the claimant.
“Disentitling conduct” of the claimant is relevant. This may include violence or estrangement.
Proper and adequate provision is assessed with reference to one’s “moral obligation” and “prevailing community standards”.
Yes, the law creates a degree of uncertainty. There is no mathematical formula that is applied.
How much does a claim cost?
If the parties are reasonable, claims can be resolved relatively cheaply. A deed of settlement and release can be prepared and executed by the parties for less than $3,000.
If the matter goes to court, it is normally resolved at mediation, at a cost to the estate of around $50,000.
If the matter goes to a hearing the cost to the estate can exceed $100,000.
A successful claimant will normally have the bulk of their legal fees paid from the estate.
How do I leave someone out?
There is no point leaving someone a $1 inheritance.
I recommend either leaving them out entirely or leaving them an amount that is at the bottom-end of what they could potentially claim.
Either way, you should record your reasons in writing to be retained safely with your will, to be used as ammunition to defend a claim if necessary.
What is Notional Estate?
These are assets that can be clawed-back into the estate and claimed upon.
Examples include superannuation and jointly held property.
Gifts made during the deceased’s lifetime, within 3 years of the date of death, can also be clawed-back.
These are complex claims.
Talk to an accredited specialist.
This article is intended to be for information and educational purposes only and cannot be relied upon as legal advice. The information may not apply to your circumstances or to your particular situation. If you need specific advice or you have any questions, we welcome you to contact us directly.
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 26 August 2017.
Paul and Julie separated after an 18-month relationship. They had a child named Robert.
Paul had no contact with Robert for 35 years before Paul’s death at the age of 65.
Paul believed that Julie had been unfaithful to him and that Robert was not his biological child.
Paul died leaving a de facto spouse of 30 years standing and left his million-dollar estate to her.
Paul’s last will was prepared by the NSW Public Trustee. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 19 August 2017.
Darren’s father, Bruce recently passed-away. Bruce owned a house and had a substantial superannuation fund.
Bruce was divorced many years ago and was survived by his three children.
Bruce did not have a will.
In order to deal with Bruce’s estate, a grant of letters of administration is required. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 12 August 2017.
Colin, aged 77 and Jane, aged 33 have a three-year-old daughter.
Their relationship breaks-down and Jane files an application, seeking property settlement orders under the Family Law Act.
Colin concedes that there was an 18-month sexual relationship between them but says it ended in 2014. He says that the sexual relationship did not constitute a “de facto relationship” claiming that they never had a relationship as a “couple living together on a genuine domestic basis”. Accordingly, Colin claims that the court has no jurisdiction to hear the matter and asks the court to dismiss Jane’s application. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 5 August 2017.
Judy is looking into purchasing a strata unit opposite a park.
Judy tells her solicitor that she will not proceed unless she can keep Daisy, her beloved border collie, in the unit.
The solicitor obtains a copy of the listing contract for the sale of the property.
The contract reveals that the units were built in 2000 and that by-law 16 of the model by-laws has been adopted by the Owners Corporation.
Further examination of the contract reveals that there are no special by-laws that have been put in place by the Owners Corporation that relate to the keeping of animals. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 29 July 2017.
John and Cynthia have been looking to buy a home for some time, but have missed out on a number of properties where other purchasers have exchanged contracts before John and Cynthia could make the proper enquiries such as obtaining pest and building reports and obtaining legal advice on the contract. This is what is referred to as “gazumping”. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 15 July 2017.
Nikky decides to renovate her home. Plans are drawn-up, which include the addition of a loft and a new master bedroom.
Nikky takes the plans to Mutually Assured Construction Pty Ltd (MAC), a building company specialising in residential renovations. MAC has one employee, John, who is a licenced builder.
Nikky informs John that she has an owner-builder permit and that she plans to assist with the renovations by engaging contractors to do specialised work, including laying the slab, the electrical wiring, the brickwork and plastering. She requests the builder do everything else. John agrees and proposes to work on an hourly rate plus materials, payable every four weeks. Nikky agrees and they enter a handshake deal. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 8 July 2017.
Charles makes a will, leaving his Westpac shares and his Smith Street property to his daughter, Jane. He leaves the rest of his estate to his only other child, Richard. Jane is appointed as executor.
When Charles passes away, Jane seeks legal advice regarding the administration of his estate.
Jane advises her solicitor that the Smith Street property was sold shortly before Charles’ death and that the proceeds of sale were used to pay an accommodation bond so Charles could be admitted into a nursing home. The sale of the home was conducted by a Conveyancer and Charles’ will was not reviewed. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 1 July 2017.
David makes a home-made will before he marries Rebecca. The will is properly executed and witnessed.
David’s will leaves half of his estate to Rebecca and the other half is left to his two children from a previous relationship.
David appoints one of his children, Sam as his executor. David informs Sam that he has made a new will and informs him of its whereabouts. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 24 June 2017.
Raymond made a will many years ago and his solicitor gave him a copy.
Shortly before his death, Raymond reviews his will. He decides that because he has less money in the bank than what he did when he made the will, that the gifts to his grandchildren are no longer appropriate. He has six grandchildren and instead of each receiving $10,000, he wishes to give them a nominal amount of $1,000. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 17 June 2017.
William makes a will, leaving his motor vehicle to his best friend, Jack. William’s will also leaves 500 Commonwealth Bank of Australia shares to Jack and leaves the rest of his estate to his son, John.
Years later, William’s son notices that his father’s motor vehicle needs to be upgraded. He buys his father a new car on the basis that when William passes away, he leaves the car to him. William thinks when he dies, Jack is only entitled to the motor vehicle he owned at the time he made his will and does not bother to update his affairs. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 10 June 2017.
John makes a will, appointing his friend, Robert as his executor. The will states that John wishes to be buried.
When John dies, his son Ben, makes arrangements with the funeral director. Ben selects a casket and informs the funeral director that his father’s remains are to be cremated. Ben signs an agreement with the funeral director.
Robert becomes aware of Ben’s actions and seeks legal advice regarding his rights and obligations as executor. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 3 June 2017.
A year after David marries his wife, Joanne, he executes a binding death nomination with the effect that Joanne receives 100% of his substantial superannuation fund, in the event of his death.
David executes the binding death nomination in the presence of two witnesses and posts it to his superannuation fund.
A month later, David makes a new will, with the assistance of a solicitor. His will leaves the whole of his estate to his mother. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 27 May 2017.
Brian is involved in a motor vehicle accident. The other driver is at fault.
Brian has insurance with XYZ Insurance and he makes a claim relating to damage to his motor vehicle.
XYZ Insurance makes a claim against the other driver on Brian’s behalf. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 20 May 2017.
Sally and Sam have been together for many years and each have children to previous relationships. They own a property together as joint tenants and each have substantial assets in their sole names. They are aware that when one of them dies, the survivor will receive the house by way of “survivorship” because they own the house as joint tenants. They therefore make Wills leaving their estate to their respective children. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 13 May 2017.
When Harry and Sally separate, they affect a property settlement whereby Harry retains the matrimonial home on the basis that he pays Sally $130,000.
This figure is arrived at by way of an adjustment between the parties so that they each receive an equal share of their joint net assets.
The Turnbull Government has recently introduced the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 (Bill) into Parliament following widespread media coverage of exploitation of vulnerable workers.
The Bill seeks to:
These are some simple steps to remember if you are ever injured in a motor vehicle accident.
Report the accident to the police
You should obtain the COPS event number from the police for future reference. It is preferable if the police can actually attend the scene of the accident.
Consult your doctor as soon as possible
Even in a situation where you have attended a hospital for the purposes of treatment after the accident, you should consult your doctor as soon as possible to advise them of the symptoms you are experiencing. Your doctor should then write down all of the injuries you have received, even if they are minor injuries, just in case any of your injuries continue as problems into the future.
[continue reading…]
Wills
Why take the risk of making a home-made or online will?
Why engage a law firm that will not use their local office to draft your will?
Why use an under-funded government agency like the New South Wales Trustee and Guardian?
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 6 May 2017.
When Robert was 35 years of age, he took out a life insurance policy. He had been receiving treatment for high blood pressure for approximately 2 years and although it was possible that Robert did mention it to the insurance agent, there is no record of this in the proposal application filled-out by Robert. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 29 April 2017.
When John, suffering dementia and incapable of managing his affairs, is admitted into a nursing home, his second wife of 20 years, Jane, sells all his property.
At John’s expense, Jane buys an expensive car and jewellery, enjoys holiday cruises with her side of the family and gambles.
With John’s money, Jane also purchases real estate in her children’s names with a view to building a granny flat on the property. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 15 April 2017.
In September 2015, Brian severely injures himself at work. He makes a claim under his employer’s Workers Compensation Insurance and starts receiving weekly payments of compensation.
Brian attends regular work capacity assessments and in June 2016, Brian’s doctor finds he has capacity to work up to 20 hours per week. Brian is unsure what to do, so he consults his solicitor. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 8 April 2017.
Margaret and Ted separated many years ago but never got around to formalizing a divorce.
They divided their assets amicably which included selling the matrimonial home and dividing the net proceeds equally.
Margaret now resides in a nursing home and was recently diagnosed as suffering from Alzheimer’s disease. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 1 April 2017.
Mark and Karen were recently married in 2015. They each have two children to previous relationships.
They are looking to buy property together and talk to their solicitor about making new wills.
They decide to make “simple” wills appointing each other as executor and leaving the whole of the estate to each other. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 25 March 2017.
Maxwell, aged 85 and Tina, aged 40, met in 2003. They maintained communication via email until 2010, when Tina and her son moved in with Maxwell.
In 2014, Maxwell and Tina sign a binding financial agreement, with the effect that if their relationship breaks down, they each receive 50% of Maxwell’s substantial assets. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 18 March 2017.
Matthew and Mary divorced 20 years ago after a brief relationship that resulted in the birth of their only child, Lisa.
After separation, Matthew paid Mary child-support and paid all of Lisa’s school fees.
By way of a judgement in the Family Court, Mary received approximately 40% of the matrimonial assets. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 11 March 2017.
Margaret and George moved into a nursing home in 2014. George sadly passed away in 2015 and later that year Margaret is diagnosed as suffering from dementia.
Apparently due to “sibling conflict” between her children, the Public Guardian is appointed to make decisions regarding Margaret’s accommodation needs, her health and medical care. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 4 March 2017.
Gary passes away leaving a will that appoints his friend Raymond as his executor. Gary’s will leaves the whole of his estate equally to his three children.
Gary’s estate consists solely of a house valued at $500,000. For Raymond to sell the house and distribute the proceeds to Gary’s children, it is necessary for him to obtain a grant of probate. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 25 February 2017.
Cynthia and Robert have been married for ten years and have two children who are nine and seven years of age.
Unfortunately, their marriage breaks down and Cynthia and Robert separate.
Cynthia has the major care of the children after separation and is only able to work part-time, earning a much lower income than Robert.
Cynthia and Robert own a home with a mortgage. They each also have superannuation entitlements, small savings and a car. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 18 February 2017.
Michael, aged 57, unfortunately has an accident when visiting his friend, Robert on the weekend.
It was raining on the day and the injury occured when Michael was walking up the outside stairs onto Robert’s verandah.
Unfortunately, Robert had spilt some oil on the stairs and was going to clean it up the day before the accident but did not get around to doing so. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 4 February 2017.
Margaret’s hotel, A Cardinal’s Inn, is open from 5am until midnight, to accommodate guests who often arrive late and leave early.
She employs four staff, including Simon, who manages the Inn at night. Simon has worked at the Inn for five years and has been working the night shift for approximately 12 months. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 28 January 2017.
Greg and Jane are in their 60s and have no children. Jane is British and Greg is an Australian citizen. They reside in Australia and have done for many years.
They make Wills leaving their estate to each other and when they both pass away, their Wills provide for an equal split between each side of their respective families. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 21 January 2017.
Cecil, a 56-year-old farmer, tells his wife Bessie that he is taking his tractor to do some work about 2 km from the homestead and that he will be back by sunset.
Unfortunately, Cecil is involved in an accident whereby the tractor rolls over and his leg is pinned beneath the left rear wheel.
Bessie goes looking for Cecil and finds him under the tractor. She runs to the nearest farmhouse and they drive to town to find help. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 14 January 2017.
Karen is unfortunately involved in a car accident and passes away in her mid-30s.
Karen did not have a will. She was single and did not have any children.
She was living with her mother at the time of her death.
Although Karen’s estate was relatively small, her superannuation death benefit, which included life insurance, totalled $800,000. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 24 December 2016.
Anne had two children, Nicole and Karen.
Anne dies at the age of 85, leaving just one asset, being the family home worth $800,000.
Karen lived with her mother for her entire life. She has never moved out of home and never lived with anyone else. Karen contributed to the household expenses and paid nominal board. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 17 December 2016.
Many years ago, Amanda made a will, appointing her eldest son, Larry as her executor and leaving the whole of her estate to her three children, equally.
A few months before her death, at the age of 98, Amanda makes a new will, appointing her youngest child, Tom as executor and granting him the right to reside in her home for the rest of his life. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 3 December 2016.
Max and Charlene are looking to buy a fish and chip takeaway food business called A Salt and Battery.
Due Diligence
They obtain the business’ financial records from the vendor and receive accounting advice regarding the viability of the business.
The business is operated out of leased premises and the lease includes an option to renew the lease for a further term. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 26 November 2016.
Robert and Jennifer each have a child to a previous relationship.
They are married in 2000 and consult a solicitor regarding the drafting of their wills.
They are advised that one of the options available is to make “mutual wills”. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 19 November 2016.
Daniel grew up on a farm owned by his parents Geoff and Barbara.
Daniel worked full-time on the farm and at the age of 23, Geoff told him “one day this will all be yours”.
At the age of 30, Daniel complained to his father that his weekly wage of $400 per week was not enough pay for him and his wife to stay on the farm. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 12 November 2016.
Diana is the CEO of Pushing Daisies Pty Limited, which owns and operates several store front florists. Pushing Daisies employs two full-time staff to manage and run each store.
Sarah is the manager of one of Pushing Daisies’ stores. One day after work, Sarah seriously injures her leg while surfing. Due to the seriousness of the injury, Sarah is told by her doctor that she will be unable to walk for at least three months and may never regain full use of her leg again. Sarah gives Diana the bad news along with a doctor’s certificate stating she is unable to work. Sarah exhausts her paid sick leave entitlement within two weeks, after which she takes unpaid leave. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 5 November 2016.
Peter grew up under the impression that he was Harry’s biological child.
When Harry dies, Peter discovers that his will leaves the whole of his estate to his daughter, Joan and appoints her as his executor. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 29 October 2016.
This week’s column provides an example of the problems that can arise when appointing an inappropriate executor in your will and the importance of executors obtaining legal assistance to fulfil their duties. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 15 October 2016.
Peter passes away at the age of 85, leaving a will that appoints his two children from his first marriage, Joan and William, as executors and leaves them the whole of his estate equally. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 8 October 2016.
Mike and Carol are both in their 60s and each have three children to previous marriages. They have been in a de facto relationship for the last 10 years and wish to update their wills to provide, primarily, for each other, but also to protect the interests of their children. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 17 September 2016.
Jack and Jill married seven years ago. They have three children who are all under five years of age.
Jack and Jill’s relationship breaks down and Jack moves into share house accommodation.
Both parties are having difficulties dealing with the breakdown of their relationship and are under extreme financial stress. [continue reading…]
Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 10 September 2016.
Wayne is 82. He is in good physical shape, apart from having some trouble getting around and suffering from some hearing loss.
Wayne’s nephew, Dave comes over once or twice a week to help out. He mows the lawn and does some of the cleaning that Wayne finds difficult.
Wayne has one younger brother, Michael, who is Dave’s father. Wayne has no children and no other immediate family. [continue reading…]
We offer No Win No Fee arrangements on a case-by-case basis.
Please contact us to make an obligation-free appointment so we can assess your matter.
Manny Wood – Accredited Specialist
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