Other Newsletters
The Importance of Storing Valuable Documents
In the wake of the NSW bushfire crisis it is an appropriate time to reflect on how we can better prepare for the unexpected and protect what is most valuable to us. Not only should you have a thorough bushfire survival plan in place and appropriate insurance, you...
How not to destroy the Christmas Cheer…
For many, Christmas is a time to gather with family and friends, enjoy good food, good wine and (mostly) good company. Whilst estate planning probably isn’t the most enjoyable subject to discuss over Christmas lunch, the holiday period can be an opportune time to make...
Foreign Surcharges and Discretionary Trusts, the clock is ticking…
The State Revenue Legislation Further Amendment Bill 2019 (“Bill”) proposes to amend the duties and land tax legislation so that all discretionary trusts are considered ‘foreign persons’ for duties and land tax surcharges unless the terms of the trust prevent a...
Home Insurance Traps
When homeowners leave their homes unoccupied for extended periods of time, insurers have found that the risk of break-ins, burglaries and property damage through robbery and vandalism increases. An insurance policy is a contract where the insured party must disclose...
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...
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...