Cropping our sunburnt country, on a handshake….
The use of share farmers and contractors to plant, spray, nurture and harvest crops on an informal handshake is common. Unfortunately, these types of arrangements do have a habit of breaking down if one or both of the parties involved fail to fulfil their ‘understood’...
Taking water under a basic landholder right
Jack is a mad gardener and owns a small 5 acre property on a hill near the Tumut River. Jack lives off grid and has a veggie patch that’s the envy of the district. There is a small 3 meter wide strip of land owned by Jill between Jack’s property and the river. Jack...
Advising on the purchase of land? Beware the sting of GST withholding
You are acting for Charlie and Chloe, new clients who left their former solicitor because, they say, he ‘stuffed up badly about GST’ on previous transactions. Chloe is clearly the spokesperson. Now they want you to act for them on the purchase for $100,000 of a vacant...
The future of your farming business – to plan or not to plan?
For many, the thought of succession planning can cause a lot of angst. The parents may worry about how to make things ‘fair’ between their children, on-farm kids may worry about taking on too much and off-farm kids may wonder where they fit into the equation. But it...
Overworked and underpaid?
Are you being paid or are you paying the correct wage? The Fair Work Act 2009 (“the Act”) imposes obligations on employers about the payment of minimum wages. The Fair Work Ombudsman (“Ombudsman”) is an independent statutory office given jurisdiction under the Act....
Loan or Gift?
Normally speaking, where person A purchases property in the name of person B, a trust arises whereby person A holds the property on trust for person B – unless a presumption of advancement is present or if there is evidence to the contrary. Certain relationships give...
To see or not to see: Latent and Patent Defects when Purchasing Property
When purchasing a property, it is important for a Buyer to rely on their own enquiries and investigations to satisfy themselves with the state of the property. However a Seller does have a legal obligation under the Conveyancing Legislation to disclose any latent...
Legal Health
Legal housekeeping is essential to a stress-free future. In the event of death, injury or illness, there are simple legal documents that can give you and your family instant financial and emotional relief.Power of Attorney (“POA”)A POA document allows you to appoint...
Accountants and Lawyers: Friends or adversaries?
You and Harvey You can’t stand Harvey. He’s an accountant in the same suburb, and you have some mutual clients. Harvey’s rude, arrogant and full of a sense of his own importance. He has little respect for lawyers generally and seems to think himself a superior person...
Not a Good Option
You’ve acted for an old friend Shirley for a very long time. You are aware that she has two sons, Bob and Barry and a daughter Billy whom you have never met or know much about. Bob had a horse riding accident some years ago and acquired a severe back injury that...