HHG Legal Group’s Dispute Resolution Lawyers Murray Thornhill and Julia McCullagh have pulled together some answers to questions that dog owners might have about the laws that affect them and their dogs.

In December 2015 Buddy (a Mastiff Cross) and Shiva (a Labrador Kelpie Cross) were declared dangerous dogs by the Shire of Mundaring after a pet goat was attacked by two dogs. Buddy and Shiva’s owner successfully had this decision overturned in the State Administrative Tribunal (SAT) on the basis of mistaken identity, as the Shire was unable to show on the balance of probabilities that Buddy and Shiva were the dogs responsible for the attack.
This SAT decision highlights just some of the legal issues that can arise for dog owners.
What are the laws affecting my dog?
Owning a dog in Western Australia is governed by the Dog Act 1976. The purpose of this act is public safety. The Act gives powers to local governments to regulate and control dogs.  In Western Australia, all dogs over three months old must be registered with a local government.   The act also gives local governments powers to control “nuisance” dogs who are barking and to regulate how many dogs you can have at your property.
A person who has been attacked by a dog or has had their property damaged by a dog can also take private legal action for injury or damage against the dog’s owner. A person who is annoyed by a neighbour’s barking dog might also have an action under the tort of nuisance.
My dog has been declared a dangerous dog, what does this mean?
In Western Australia, certain restricted breeds of dog (for example American Pit Bull Terriers) are deemed to be “dangerous dogs.”  A local government, may also declare an individual dog to be a dangerous dog where the dog has caused injury or damage by attacking a person, animal or vehicle or it has engaged in other types of aggressive behaviour.
Once a dog is declared a dangerous dog there are a number of restrictions placed on it and its owner, these include that:

The dog must be confined in a secure enclosure when it is at the premises where it is ordinarily kept;
A warning sign must be displayed at each entrance to the premises; and
When outside the dog must wear a muzzle and be controlled by a person over 18.

If your dog is declared a dangerous dog you can be fined a much greater amount (and potentially face criminal charges ) if your dog attacks a person or another animal. 
Can the local government seize my dog?
The Dog Act gives local government rangers and police officers the power to seize and detain your dog if they believe that an attack by the dog has occurred or if it appears that an attack by the dog is likely to occur.  Dogs can also be seized if they are dangerous dogs and have not been registered.  Once a dog has been detained the local government must inform the owner in writing and give the reasons why the dog has been detained.
The local government is trying to put my dog down; what are my rights?
Both the Magistrates Court and the SAT have the power to order that a dog be destroyed, if on the balance of probabilities, it can be shown that it caused injury or damage. As an owner, you are entitled to oppose this application. 
Owners must also be notified if a local government has seized a dog and intends to put the dog down. Owners have seven days from receiving this notice to lodge an objection with the local government or the SAT. If an objection is lodged with the local government and is rejected the owner can then still apply to the SAT for a review of the decision.
A local government can also put down a dog (without the owner’s consent) if the dog is ill or injured and the condition of the dog means that euthanising it is urgent. Even in these circumstances, the local government must take reasonable steps to notify the owner and give them the opportunity to collect their dog.
How we can help.
If you require assistance in matters relating to your rights as a dog owner please contact our Dispute Resolution team on (08) 9322 1966.
The post Dogs and the Law appeared first on HHG Legal Group.

HHG Legal Group is proud to announce the arrival of highly regarded family lawyer, Richard Crane to drive our Joondalup Family Law practice and the promotion of another rising star, Erin Papalia to Associate this week.
 

 
Richard Crane, Special Counsel
With over 20 years’ legal experience in family and de facto law and litigation and a strong commitment to delivering his clients’ pragmatic legal solutions, Richard’s practice predominantly focuses on divorce proceedings, property settlements, child support and custodial arrangements, de facto separations and spousal maintenance orders.
Richard is permanently based in HHG Legal Group’s Joondalup office where he has already been serving the region’s families for over 8 years.
View Richard’s full biography
Erin Papalia, Associate
Erin has four years’ experience across family law, commercial litigation and estate planning and joined our Family and De Facto Law team in November 2018. Over the last 14 months, Erin has cemented her position as one of the rising stars in the firm due to her commitment to achieving the best legal outcome for clients. She is highly regarded for her personable and pragmatic approach to solving her clients’ issues which enables her to deliver real value.
View Erin’s full biography
 
“2020 is off to a flying start for our Family & De Facto Law team; there’s a great buzz in the air concerning Richard’s experience and commitment to Perth’s northern corridor,” said Simon Creek, HHG’s Executive Chairman. “Over the last 8 years, having worked and lived in the Joondalup area, Richard has proven to the community that he is a highly reputable and trusted family lawyer. While he was drawn to the HHG brand as soon as we opened in Joondalup, we are the lucky ones in having him on board.”
“The team and I are also very proud of Erin’s hard work over the last 12 months. She has demonstrated her ability to successfully take the reins on a variety of simple and medium complexity matters, making her the perfect choice for this promotion.”
Simon continued by saying “Having rounded out our 100th anniversary celebrations in December, we now look forward to HHG’s next century in the law. Stay tuned for the official opening of our new flagship HQ in the Cloisters building on Hay St in March.”
 
Please direct all media enquiries to:
Eleanor Jackson – Marketing & Business Development Manager
+61 8 9322 1966   |   [email protected] 
 
 
The post Exciting times for HHG Legal Group’s Family & De facto Law team with a senior appointment and internal promotion. appeared first on HHG Legal Group.

HHG Legal Group’s Will & Estates lawyers Lucy Ferriera and Maria Zappala answer frequently asked questions regarding an enduring power of guardianship (EPG) and an enduring power of attorney (EPA).

What is an enduring power of guardianship?
An Enduring Power of Guardianship (EPG) is a legal document. It allows you (appointor) to choose a person (guardian) to make significant personal, lifestyle and medical treatment decisions on your behalf. An EPG will be effective if you no longer have the mental capacity to make these kinds of decisions for yourself.
Who can execute an EPG?
You can execute an EPG if you are over 18 years old and have full legal capacity.
You can appoint any person over the age of 18 who has full mental capacity to be your enduring guardian.
Who should I appoint as my guardian?
Unlike an EPA, you can appoint more than two Enduring Guardians or substitute Enduring Guardians. However, like when appointing an Attorney, you should only appoint a person or persons that you trust will make decisions in your best interests.
Can I revoke my EPG?
You may only revoke your EPG while you have legal capacity. In order to do so, you need to inform your guardian/s and any relevant authorities of your decision.
Why should I execute an EPG?
Just like executing an EPA, executing an EPG provides you with the choice of who you wish to appoint. This allows you to appoint a person that you have discussed your wishes with beforehand and will therefore act in your best interests.
Having a guardian appointed that knows this information is crucial due to several reasons. One being that it reduces the stress and issues caused by the following common situation:
A parent loses their mental capacity and has multiple children. There is no EPG in place and decisions need to be made regarding their lifestyle or medical treatment and each child has a different view of what is in their parent’s best interests. This may cause conflict between your children as your wishes are not known. Therefore, what is already a difficult time for the family can be made worse through not having the proper documents in place.
What is an enduring power of attorney?
An enduring power of attorney (EPA) is a legal agreement. An EPA enables you, (the donor) to appoint a person (your attorney) to make decisions concerning your property and finances on your behalf. Your attorney has the power to do anything you can lawfully do regarding your property and finance. For example, they can manage your bank account or dispose of your assets.
An EPA allows your attorney to make these kinds of decisions if you are physically and/or mentally unable to and remains in place even if you lose your decision-making capacity.
Who can execute an EPA?
You can execute an EPA if you are over 18 years old and have full legal capacity. Full legal capacity means you can understand the nature and consequences of your EPA and the nature and extent of your estate.
Who should I appoint as my attorney?
You can appoint anyone who is over 18 years old who has full legal capacity to be your attorney. For example, you may choose to appoint your spouse or child. You may choose to appoint two attorneys who can work together to make decisions on your behalf.
You also have the option to appoint up to two substitute attorneys if your first choices become unwilling or unable to act.
Appointing someone to make property and financial decisions on your behalf is a very significant decision. Therefore, you should only appoint a person or persons that you trust will make decisions in your best interests.
Can I revoke my EPA?
You may revoke (cancel) your EPA while you have full legal capacity. If this has been lost, an application must be made to State Administrative Tribunal on your behalf. The Tribunal will decide if your EPA is to be revoked.
Why should I execute an EPA?
There are many ways you can become physically unable to see to your property and finances or lose your decision-making capacity. For example, both scenarios can arise through old age or through an accident and you cannot predict when or if they may occur. If either scenario occurs and you have an EPA in place, you can be assured that your attorney will make decisions with your best interests in mind.
Furthermore, if you lose your decision-making capacity and you do not have an EPA in place, a person (usually a family member or friend) can apply to the State Administrative Tribunal for an administration order under the Guardianship and Administration Act 1990. If that person (administrator) is appointed under an order, their position will be the same as an attorney. However, it will be the Tribunal’s choice of who to appoint – not yours. If there is not a suitable person in your life to be appointed, the Public Trustee may be appointed an Enduring Guardian as a last resort.  While this can be beneficial, it also means that a stranger will be dealing with your property and finances.
Should I execute both an EPA and an EPG?
You are not required to execute an EPA, an EPG or one of each. However, executing both ensures decision making is protected in all areas of your life. If you would like to have these documents prepared, please contact us and let our experienced team of Wills and Estates Lawyers assist you.
To find out more, contact us here
The post FAQ: Enduring Power of Guardianship & Enduring Power of Attorney appeared first on HHG Legal Group.

HHG Legal Group’s Will & Estates lawyers Lucy Ferriera and Maria Zappala answer frequently asked questions regarding an enduring power of guardianship (EPG).

What is an enduring power of guardianship?
An Enduring Power of Guardianship (EPG) is a legal document. It allows you (appointor) to choose a person (guardian) to make significant personal, lifestyle and medical treatment decisions on your behalf. An EPG will be effective if you no longer have the mental capacity to make these kinds of decisions for yourself.
Who can execute an EPG?
You can execute an EPG if you are over 18 years old and have full legal capacity.
You can appoint any person over the age of 18 who has full mental capacity to be your enduring guardian.
Who should I appoint as my guardian?
Unlike an EPA, you can appoint more than two Enduring Guardians or substitute Enduring Guardians. However, like when appointing an Attorney, you should only appoint a person or persons that you trust will make decisions in your best interests.
Can I revoke my EPG?
You may only revoke your EPG while you have legal capacity. In order to do so, you need to inform your guardian/s and any relevant authorities of your decision.
Why should I execute an EPG?
Just like executing an EPA, executing an EPG provides you with the choice of who you wish to appoint. This allows you to appoint a person that you have discussed your wishes with beforehand and will therefore act in your best interests.
Having a guardian appointed that knows this information is crucial due to several reasons. One being that it reduces the stress and issues caused by the following common situation:
A parent loses their mental capacity and has multiple children. There is no EPG in place and decisions need to be made regarding their lifestyle or medical treatment and each child has a different view of what is in their parent’s best interests. This may cause conflict between your children as your wishes are not known. Therefore, what is already a difficult time for the family can be made worse through not having the proper documents in place.
Should I execute both an EPA and an EPG?
You are not required to execute an EPA, an EPG or one of each. However, executing both ensures decision making is protected in all areas of your life. If you would like to have these documents prepared, please contact us and let our experienced team of Wills and Estates Lawyers assist you.
To find out more, contact us here
The post FAQ: Enduring Power of Guardianship appeared first on HHG Legal Group.

In a saturated workforce, how can you stand out from the crowd and climb your summit to reach the 1% of what you do?
How can you position yourself as an authority in your field and accelerate your career?
To answer these questions Shil Shanghavi from Chatterbox Public Speaking will encourage you to embrace vulnerability and authenticity through the art of public speaking, using this essential skill to build your brand and position yourself at the top of your game. Shil will also share his own story and provide a few takeaways on how public speaking can elevate you and your brand in the WA market.
The Speaker:
Shil Shanghavi is the founder of Chatterbox Public Speaking. He is a TEDx Speaker Coach and TEDxATO Perth Speaker.
Ticket price includes canapes and a drink token. Cash facilities available also.
Date: Wednesday, 19th February 2020
Time: 5.30pm – 7.30pm
Location: The Aviary – Lounge Bar
Cost: $25 early bird (closes 29th Jan) I $30 general admission.
The Cause
ALL FUNDS raised from this event will go towards Wildlife Victoria’s Victorian Bushfire Appeal. to rescue and care for wildlife impacted by this summer’s bushfires.
Join young professionals from all industries for an evening of networking and insight, whilst raising money for Victoria’s most venerable bushfire victims.
Ticket price includes canapes and a drink token. Cash facilities available also.
 
Register Here
The post Building your professional skills for the new decade appeared first on HHG Legal Group.

The popular online travel site Trivago misled Australian consumers about hotel rates, the Federal Court of Australia has found. In proceedings brought by the Australian consumer watchdog, it was alleged that Trivago engaged in misleading conduct and made false representations to consumers.

The ACCC argued that Trivago engaged in conduct which, among other things, led consumers to believe that the Trivago website provided an impartial, objective and transparent price comparison which would enable the consumer to quickly and easily identify the cheapest available offer for a particular (or the exact same) room at a particular hotel, which was found to be untrue.
The Court found that Trivago had engaged in the conduct alleged, and had contravened sections 18, 29 and 34 of the Australian Consumer Law. Penalties will be decided by the Court at a later date. The penalties for contraventions of the Australian Consumer Law can be substantial. It will be interesting to see how the remainder of this matter plays out, and whether it leads to any changes in the way that online comparison websites operate.
The ACCC has previously indicated it will continue to target comparison websites which mislead consumers into thinking they are getting a good deal, without properly disclosing the commissions they receive from consumer clicks.
Trivago may be a large multinational company, but the prohibitions on misleading conduct apply to businesses of all sizes who provide consumer goods and services. If you have any questions about consumer rights or your obligations to consumers, please contact HHG Legal Group Director, Murray Thornhill.
 
The post Trivago found guilty of misleading consumers appeared first on HHG Legal Group.

Commercial Litigation Director, Murray Thornhill and Law Graduate Kai Yuin Yeo look into the legalities around unpaid internships.

Unpaid work experience or internships are often sought by young people as a first step into the workforce and a stepping-stone to permanent employment. Some businesses also require potential employees to work a trial shift or period unpaid to assess their suitability for the job. 
 
Whilst the Fair Work Act 2009 (Cth) provides specifically for work undertaken as part of an unpaid vocational placement, it does not provide guidance on the legality of other unpaid work.
The Courts frown upon conduct by businesses that, even if not ‘openly defiant of the law’,[1] are profiting from volunteers, or even exploiting them. As Justice Altobelli stated in Fair Work Ombudsman v AIMG BQ Pty Ltd, ‘there is a need to send a serious message to [employers] that the Court will not countenance attempts to disguise employment relationships as unpaid internships and thus deny employees their required minimum entitlements’.[2]
It is clear in such cases where businesses systematically engage or accept unpaid internships and expect these interns to conduct productive work that the businesses are exploiting them. However, the line is often blurred between a legitimate unpaid work experience or internship and employment disguised as an unpaid internship.
Does an employment relationship exist?
In determining whether businesses should be treating unpaid interns as employees, the law requires an assessment of various factors to determine whether an employment relationship exists. If an employment relationship exists, the unpaid intern will be entitled to wages and benefits as an employee.
Factors suggesting that an employment relationship exists include:

the work done by the intern is work that would be done by a paid employee;
the business charges clients for work done by the intern;
the business expects the intern to come in regularly to do productive work; and
the business is getting the main benefit of the arrangement.

Each case will turn on its own specific circumstances.
A new precedent for determining the legality of unpaid internships?
There are currently Federal Circuit Court proceedings brought by a young footballer against Central Coast Mariners. which may provide clearer guidance as to the legality of unpaid internships or trial periods. The footballer, Mr Moric was required to serve an unpaid trial period for over three months and did so because he was promised a professional contract. However, he was never offered the professional contract and was under financial strain from being unpaid for several months. Therefore, the Federal Circuit Court may be required to make a determination on the legality of Mr Moric’s unpaid trial and whether he is entitled to unpaid wages and damages for the period of the unpaid trial.
This case could set a precedent for unpaid work generally and is one to look out for.
What can HHG do?
If you are not sure about your obligations as an employer or are undertaking unpaid work, our employment lawyers can help you.
[1] Fair Work Ombudsman v Crocmedia Pty Ltd [2015] FCCA 140.
[2] [2016] FCCA 1024, [117].
The post Unpaid Internships: Are they legal? appeared first on HHG Legal Group.

HHG’s Family Lawyers and Independent Children’s Lawyers, Steve Cohen and Dianne Caruso discuss eligibility when making a family law claim in a de facto relationship.

If you are in a de facto relationship and are considering making an application to the Family Court of Western Australia in relation to financial matters, there are a number of requirements that must be satisfied in order for you to be eligible to make the application.
 
1) One party must be a resident in Western Australia on the day the application is made (s 205X(a) Family Court Act 1997 (WA) (“FCA”)).  In the recent decision of Gear and Laufer [2019] FCWA 219, Justice O’Brien stated at paragraph 77:
“In my view, the requirement imposed by s 205X(a) will be met when, on the day the proceedings are commenced, one party “eats, sleeps and lives” in Western Australia, with only that degree of permanency necessary to distinguish that presence in this State from a “mere sojourn or transient presence”.  Physical presence in Western Australia on the relevant day will be required, unless an absence from the State on that day is itself properly construed as a mere sojourn elsewhere.”
2) Both parties must have resided in WA for at least one-third of their de facto relationship, or substantial contributions have been made in WA by the applicant (section 205X(b) FCA).  Section 205ZG of the FCA sets out the kind of contributions to be taken into account. 
These include both financial and non-financial contributions made by the parties, directly or indirectly, towards the acquisition, conservation and improvement of the property of the parties.  It also includes the parties’ contributions as homemaker and parent. 
In the Full Court of the Family Court of Australia decision of Harriott & Arena [2016] FamCAFC 69, the Court unanimously held at paragraph 64 in respect of the meaning of substantial contributions:
“Clearly the “substantial contributions” test is a subjective one. Any effort to elucidate its meaning by use of other words or phrases will simply replace one subjective test with another. It will remain a matter of impression whether the contributions are considered to be “substantial”. While recognising that the test is subjective, we are nevertheless inclined to agree with Thackray J, who said in Thorburn and Oswald [2007] FCWA 43 at [54] that a trial judge would need to interpret the word “substantial” in the context of the financial position of the parties. What might appear to be a “substantial contribution” for people of limited financial resources, might not be substantial in a case involving very wealthy parties.”[i]
3) The parties must have been in a relationship for at least two years, or there is a child of the relationship who is not #_edn1yet 18 and serious injustice would result to that child or the partner caring for them, or the applicant made substantial contributions and serious injustice would result to the applicant (s 205Z FCA).
In the decision of L and C [2005] FCWA 23, Justice Thackray, as he then was, found that the two-year requirement could be satisfied by aggregating separate periods during which the parties lived together.
4) The applicant must make an application within two years of the relationship ending (s 205ZB FCA).  If the applicant is out of time they can make an application to the Court for an order granting leave to apply out of time on the basis that hardship would be caused to a de facto partner if leave were not granted. 
In the decision of Jones & Hill [2016] FCWA 87, Justice O’Brien stated (obiter dicta) that the Court cannot grant leave to proceed out of time simply on the basis that the parties consent to the Order being made, the Court must be satisfied that hardship would be caused if leave were refused.
In the Full Court of the Family Court of Australia decision of Edmunds & Edmunds [2018] FamCAFC 121, the Court stated with respect to the meaning of “hardship” (para 47):
“As the Full Court pointed out in Sharp at [18], “the well-established test is that the applicant must have a prima facie claim worth pursuing or a ‘real’ probability of success.  Further, leave will not be granted if to do so would not, in the substantive result, alleviate that hardship”.”[ii]
In some circumstances, it may not be easy to ascertain whether or not you are eligible to make a family law claim in respect of financial matters.  If you require any assistance or advice please contact us at HHG Legal Group and one of our family law specialists will be able to assist you with your enquiries.

If you would like further information, contact us on  1800 609 945 or visit Family Law 
 
 
[i]It is important to note that this decision considers section 90SK of the Family Law Act 1975 (Cth) (“FLA”) and is not binding on Courts considering sections of the Western Australian legislation.  Notwithstanding, in the writer’s opinion, this decision is likely to be persuasive as section 90SK(1) of the FLA is in similar terms to section 205X of the FCA.
[ii] It is important to note that this decision considers section 44(3) of the FLA and is not binding on Courts considering sections of the Western Australian legislation.  Notwithstanding, in the writer’s opinion, this decision is likely to be persuasive as section 44(3) of the FLA is in similar terms to section 205ZB of the FCA.
The post De facto relationship – Are you eligible to make a claim? appeared first on HHG Legal Group.

 
HHG Legal Group’s Will & Estates lawyers Lucy Ferriera and Maria Zappala answer frequently asked questions regarding an enduring power of attorney.

What is an enduring power of attorney?
An enduring power of attorney (EPA) is a legal agreement. An EPA enables you, (the donor) to appoint a person (your attorney) to make decisions concerning your property and finances on your behalf. Your attorney has the power to do anything you can lawfully do regarding your property and finance. For example, they can manage your bank account or dispose of your assets.
An EPA allows your attorney to make these kinds of decisions if you are physically and/or mentally unable to and remains in place even if you lose your decision-making capacity.
Who can execute an EPA?
You can execute an EPA if you are over 18 years old and have full legal capacity. Full legal capacity means you can understand the nature and consequences of your EPA and the nature and extent of your estate.
Who should I appoint as my attorney?
You can appoint anyone who is over 18 years old who has full legal capacity to be your attorney. For example, you may choose to appoint your spouse or child. You may choose to appoint two attorneys who can work together to make decisions on your behalf.
You also have the option to appoint up to two substitute attorneys if your first choices become unwilling or unable to act.
Appointing someone to make property and financial decisions on your behalf is a very significant decision. Therefore, you should only appoint a person or persons that you trust will make decisions in your best interests.
Can I revoke my EPA?
You may revoke (cancel) your EPA while you have full legal capacity. If this has been lost, an application must be made to State Administrative Tribunal on your behalf. The Tribunal will decide if your EPA is to be revoked.
Why should I execute an EPA?
There are many ways you can become physically unable to see to your property and finances or lose your decision-making capacity. For example, both scenarios can arise through old age or through an accident and you cannot predict when or if they may occur. If either scenario occurs and you have an EPA in place, you can be assured that your attorney will make decisions with your best interests in mind.
Furthermore, if you lose your decision-making capacity and you do not have an EPA in place, a person (usually a family member or friend) can apply to the State Administrative Tribunal for an administration order under the Guardianship and Administration Act 1990. If that person (administrator) is appointed under an order, their position will be the same as an attorney. However, it will be the Tribunal’s choice of who to appoint – not yours. If there is not a suitable person in your life to be appointed, the Public Trustee may be appointed an Enduring Guardian as a last resort.  While this can be beneficial, it also means that a stranger will be dealing with your property and finances.
For more information about our Wills, Estates and Succession services and specialist lawyers click here
To find out more, contact us here
The post FAQ: What is an Enduring Power of Attorney? appeared first on HHG Legal Group.

HHG Legal Group, proudly supporting the communities in which we operate.

With HHG’s 100+ year history in the Great Southern, we were very proud to support the T20 Southern Blast competition on the 28th & 29th of December 2019.
The two-day competition organised by the Albany and District Cricket Association showcased the state’s best to compete and a chance for WA talent to be recognised.
The 4-team competition attracted over 56 elite players from across the State, with 25 being local stars, and in a festival-style family event, was a huge success for the region.
The Elders Avengers, Retravision Warriors, Camtran Bulldogs and the Inswing Inswingers battled it over the two days with the Avengers heading to Toowomba this week for the Australian Country Cricket Championships early this year.  Jeremy Wood the South Smash T20 Player of the Tournament will lead the team at the Australian Country Cricket Championships and said “This is a massive honour for me.. you don’t get many opportunities like this and I am looking to do quite well over there. “
From all of us at HHG Legal Group, we wish Jeremy Woods and the entire team the best of luck as they compete in the Australian Country Cricket Championships and make WA proud. 
The post HHG Proudly Supports the T20 Southern Smash. appeared first on HHG Legal Group.

Family Law Insights by Simon Creek, Executive Chairman

“The topic of divorce kicked the year off with a ‘bang’ with this morning’s commentary by David Curl in The Australian.
 
It is both the worst, yet best article on divorce I have read in recent times. It makes a fundamental mistake though: a lack of regard for the statistics relating to those who end up in the Family Court system, however, it does rightly raise lots of concerns about divorce.
I have been a Family Lawyer for 20+ years. I can tell you; few cases end up in court. Even less go to trial. Is that what the media tells us? No, because such boring statistics don’t sell.
If you are one of those who need support, having decided to divorce/separate in 2020, don’t listen to bias commentators. Do your homework and pick a specialised family lawyer who is also a mediator who also works closely with psychologists and counsellors. You will find the right practitioners will help you far more than so-called ‘self-appointed, uneducated (but well-meaning)’ social commentators.
I will end with fact & fiction.
Fiction: lawyers always cost huge $ and stuff up amicable separations.
Fact: most amicable separations cost well under $9000 to finalise. As long as no one fights. We save $. Fact: if you hate each other, have complex affairs and big $, your divorce could be expensive – but not overall. Homework and facts; focus on those. Not hype.”
Simon Creek –  Executive Chairman,  HHG Legal Group 
Follow the conversation on LinkedIn
The post Family Law Insights: You don’t need to go to court appeared first on HHG Legal Group.

Last night HHG Legal Group celebrated its 100th anniversary and the year that was, with over 120 guests in the Urban Courtyard of the Cloisters Building in Hay Street, celebrating the firm’s commitment to Western Australia.
The evening was not only a reflection of HHG’s milestone but also a celebration of all things WA. Guests were treated to smooth sounds from a Western Australia Youth Jazz Orchestra trio, enjoyed scrumptious WA produce by Ultimo Catering, Singlefile wines from the Great Southern and beers from Albany’s Wilson Brewing Company, and Fremantle’s Little Creatures and Gage Roads were served throughout the night.
Formalities were opened by Jeff Claughton, the CEO of Fresh Start Recovery Programme, a very worthy organisation that HHG has been supporting via its Giving Back program for many years. Jeff shared HHG’s history and his personal connection to the firm with attendees.
The event formalities concluded following a heartfelt acknowledgement of the firm’s clients, referrers and supporters across all HHG’s operating regions by Director Murray Thornhill. He also confirmed his and HHG’s Executive Chairman, Simon Creek’s commitment to being the custodians of the Hudson, Henning and Goodman legacy; by continuing to build strong bonds with families and businesses across Western Australia.
Murray also shared the future direction of HHG Legal Group, solidifying the firm’s commitment to servicing Western Australia for another 100 years with its traditional legal services model and sharing how HHG is exploring new ways of delivering value to clients, outside of these conventional methods. He also shared with guests that the venue for the celebration was of significance with the firm moving into Cloisters in March 2020 for the next HHG chapter.
We would like to thank all our clients and supporters who were able to attend the event and helped us celebrate this milestone. We are also thankful to those clients and supporters who were unable to attend the event but have helped us reach this milestone.
Please direct all media and photography enquiries to:
Eleanor Jackson – Marketing & Business Development Manager
+61 8 9322 1966   |   [email protected] 
 
 
The post HHG rounds out its centenary celebrations in style appeared first on HHG Legal Group.

 
On Saturday the 7th of December opened our 100th-anniversary celebrations with an open-house community brunch in Albany, right where the HHG story started.
 
The event was a chance to thank the local community for their support and give the members of the Great Southern community a chance to connect and reminisce about Albany’s long and beautiful history, whilst enjoying food, drinks and music from wonderful local suppliers. These included the highly acclaimed Jazztrix trio, Gourmandise and Co, Reeves on Campbell and the Mr Sippy van.
 
A special thanks to Albany’s Mayor Dennis Wellington, as well as President of Albany-Port Rotary Club Ian Moss, for saying a few words on the rich history of the region and the community programs assisting people in the Great Southern. Thank you to our MC Graham Harvey also, who shared the HHG history and his personal connection to our firm with attendees.
 
The event formalities concluded following a heartfelt acknowledgement of the Great Southern Community support by HHG Director’s Murray Thornhill and Simon Creek. They also reminded attendees of the firm’s history and strong bond with the families and businesses of the region. Also sharing the future direction of HHG Legal Group, they solidified the firm’s commitment to servicing Western Australia for another 100 years in the traditional legal services model and sharing how HHG is exploring new ways of delivering value to clients, outside of these conventional methods. 
Thank you to all the attendees for celebrating this milestone with us. We are pleased to be able to serve you and appreciate your support through the years. 
 

 
The post HHG celebrates 100 years with a community brunch in Albany appeared first on HHG Legal Group.

You’re invited for an open-house community brunch to join HHG Legal Group to celebrate 100 years of legal advice to the Great Souther

Our purpose is not only to celebrate our milestone but also showcase local suppliers and give back to the Great Southern community. There will be plenty of local treats to be enjoyed by attendees:

Mr Sippy van will be providing the coffees and smoothies;
Gourmandise and Co some delectable brunch treats;
There will be local sizzling sausages from Reeves on Campbell; and
Jazztrix will take us back in time with the music of the firm’s first few decades.

Date:        Saturday, 7th December 2019
Time:        From 10am to 12pm
Location: HHG Legal Group Albany Office – 49 Peels Place, Albany WA
So drop by and catch-up with fellow members of the Great Southern community and let us thank you for your support.
We look forward to seeing you there!
 
RSVP
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You are invited to join HHG Legal Group for an open-house community brunch to celebrate 100 years of legal service to the Great Southern.Our purpose is not only to celebrate our milestone but also showcase local suppliers and give back to the Great Southern community. There will be plenty of local treats to be enjoyed by attendees:

Mr Sippy van will be providing the coffees and smoothies;
Gourmandise and Co some delectable brunch treats;
There will be local sizzling sausages from Reeves on Campbell; and
Jazztrix will take us back in time with the music of the firm’s first few decades.

Date:        Saturday, 7th December 2019
Time:        From 10am to 12pm
Location: HHG Legal Group Albany Office – 49 Peels Place, Albany WA
So drop by and catch-up with fellow members of the Great Southern community and let us thank you for your support.
We look forward to seeing you there!
RSVP
The post HHG celebrates 100 years with a community brunch in Albany appeared first on HHG Legal Group.

HHG Legal Group’s Murray Thornhill in the Litigation & Dispute Resolution team and Special Counsel Anne Hurley from the Business, Tax & Property team discuss adverse possession laws in Australia.

Ownership of land is the great Australian dream and it is becoming harder and harder for the average person to achieve. However, some people have developed innovative thinking of how to achieve this goal.
The recent ‘bizarre squatter’s rights case’ in Sydney is an example of this innovative thinking using where a developer successfully used the law of ‘squatter’s rights’. In that case a developer took possession of an abandoned home, renovated it, leased it out for 19 years, and subsequently applied and successfully received legal title to the home.
In less bizarre cases of using the law of squatter’s rights people have successfully taken strips of land, driveways, gardens and successfully become registered on the title to the land on which they have squatted. In Legal speak, squatter’s rights is actually the operation of the law of Adverse Possession.
What is Adverse Position
The basic principle of Adverse Possession in Western Australia law, is that if you squat on land long enough, as required by the law, you can claim legal title to the land on which you have squatted.
This can be achieved by an application process through Landgate or by squatters applying for an order providing them with registered title But what is adverse possession and how can a person determine if another person, whether it be a squatter or neighbour, is ‘adversely’ possessing land?
How can you tell if a person has adversely possessed land?
Adverse possession is the continuing possession of land without being the registered landowner with the accompanying entitlement to exclusively possess the land. Some of the evidence required to establish adverse possession of land is:
– possession of land for a period usually of 12 years or more or in some cases 30 years where the registered proprietor has a disability;
– possession of the land without the consent of the registered landowner;
– exercising physical control over the land in a manner that is inconsistent with the possession of the true owner;
– exercising ‘exclusive control’ over the land; and
– the intention to exercise control over the property known to the world.
How can HHG Legal Group help?
We understand that this area can be a tricky area to navigate, and that often the issues and circumstances of possession are not as clear-cut as they first appear. Our team of property experts are always available to help you with any questions that you may have. If you require any further advice or assistance regarding your obligations and rights, please contact Anne Hurley or Clare Tottenham at 1800 609 945.
 
 
 
 
 
 
The post A Sense of Entitlement: Adverse Possession Laws in Australia appeared first on HHG Legal Group.

 
HHG Legal Group is very proud of our 100-year history and it was a great honour to be acknowledged by Business News this week.
Standing alongside Kott Gunning and Slee Anderson Pidgeon in this article. we are proud to be one of three law firms which have stood the test of time in Western Australia’s boom-bust cyclical market.
View the full article here 
The post Three Law Firms Chalk Up Centuries – Business News appeared first on HHG Legal Group.

Do you know how to avoid not getting paid for your work due to time-bars?
Conditions precedent, often called time-bars, are found in a large number of construction contracts. They are the most common reason that contractors in the building and construction industry do not get paid for the work that they do (and may end up owing money).
Time-bars are strict contractual deadlines for contractors:

to give notice of a change or delay in their work; and
to claim a price increase, extension of time and/or prolongation costs.

Failure to meet these deadlines can result in your payment claim being rejected or the full amount not being paid. Lawyers at HHG Legal Group frequently deal with matters relating to this and will share their insight and practical steps to avoid these situations.
Join HHG Legal Group’s Daniel Morris, Special Counsel, and Gemma Wheeler-Carver, Lawyer, to learn how to get paid what your work is worth and keep it when faced with time-bars.
Date:  Thursday, 5th December 2019
Time: 5 pm 6.30 pm
Location: 1,16 Parliament Place, West Perth, WA
Register Here
 
 
The post Construction Law Q&A – How to avoid penalties on time-bars appeared first on HHG Legal Group.

In its 100th year of continuous legal practice, HHG Legal Group (formerly Hudson Henning & Goodman) is proud to announce some exciting changes and developments.
As of 1 December 2019, Simon Creek, the firm’s long-term Managing Director, will become HHG’s Executive Chairman. Simon is a senior Family Law solicitor and a Nationally Accredited Mediator.
This has been made possible after a successful year of Nigel Richards as Chief Operating Officer, the promotion of Rouchelle Wykes to Chief Financial Officer, the growth of the Commercial and Property practice and the promotion of Dr Steven Cohen to Managing Associate of the Family Law practice.

Nigel Richards has long term success in professional services, recruitment, IT, strategy and operational management. Nigel also joins the board of the firm’s national association, Austlaw.
Murray Thornhill, Director, will continue to lead the Dispute Resolution, Litigation and Commercial practices, and various complementary board roles.
Dr Steven Cohen already manages the operational aspects of the firm’s large Family Law practice. He is also an adjunct professor and lecturer in family law at Edith Cowan.
Rouchelle Wykes’ promotion recognises her outstanding achievements leading the finance team over many years.
Janene Bon, Special Counsel, will continue to head up the long-established Wills and Estate Planning practice.
Anne Hurley, Special Counsel, has returned to the firm to once more drive the firm’s Commercial and Property practice.
Sam Radici has been appointed Special Counsel, to further develop the firm’s Taxation practice.

Murray and Simon’s near 18 years together, showcases long-term stability in Australia’s turbulent law firm environment. They will expand the firm’s leadership in the firm’s next phase of growth.
As Executive Chairman, Simon’s focus will be firm growth, leading the pro bono practice through HHG Giving Back, growing the firm’s mediation and Family Law practices, special projects, the firm’s international association Primerus, and his media and complementary board roles.
At the same time, HHG Legal Group is opening a new branch office in Joondalup and is moving to brand new Perth offices in the Cloisters building. This will provide room for further growth and enable better service to all clients across WA.
The Albany, Mt Barker and Mandurah offices continue to thrive and are important to HHG’s vision for the future
 
Please direct all media enquiries to:
Eleanor Jackson – Marketing & Business Development Manager
+61 8 9322 1966   |   [email protected] 
 
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HHG Legal Group’s Murray Thornhill and Gemma Wheeler-Carver from the Dispute Resolution and Commercial Litigation team discuss the consequences of underpaying employees. 

Another large company has hit the news today for issues related to underpayment of staff and this time it is in relation to managerial staff, who are commonly misunderstood to not fall into Awards or enterprise agreements. Woolworths has self-reported underpayments amounting to approximately $300million to certain of its salaried managerial staff, who are covered by the General Retail Industry Award.
 
HHG Legal Group’s Employment Law team is seeing more and more cases of businesses, small or large, getting caught out by the interaction between the Fair Work Act, relevant Awards and the enterprise agreements. 
So what are your first steps as an employer?
Once you’re sure you’ve correctly classified your employees, and have set up appropriate employment contracts and payroll processes, it is also important to ensure that you maintain ongoing records of payments made and that employees are provided with payslips reflecting those amounts.
So what can you do to avoid falling into this trap?
Remember that the Fair Work Act and the minimum wages that apply to all employees are likely not the “minimum wage” entitlement for each of your employees.
Make sure you consider each employee or category of employee carefully and determine whether they are covered by an Award, an enterprise agreement, an individual flexibility arrangement, and/or an employment agreement (verbal or written). This can be a complex assessment, so consider getting legal advice at an early stage.
Once you have assessed the appropriate industrial instrument, carefully review the relevant pay rates and other entitlements, such as overtime and weekend pay, casual loading, and allowances.
Keep good records of all payments made to all employees and ensure payslips are provided to employees immediately after each payment is made. In addition, from March 2020, many Awards will include the requirement that all hours worked are recorded and employees are provided with a reconciliation of hours worked and payments made.
Consequences of not getting it right
The maximum penalties for breaches of the Award or the Fair Work Act related to underpayment of employees are $63,000 for companies and $12,600 for individuals. You will likely also be ordered to repay any underpaid amounts, including superannuation contributions. You can also be issued with infringements notices for failing to provide payslips or other record-keeping breaches. These are on-the-spot fines issued by FWO inspectors and can be a maximum of $1,260 per contravention for an individual or $6,300 per contravention for a company.
How HHG Legal Group can assist.
For more detailed information on this issue, we wrote an article a few months ago outlining the changes from 1 July this year which may shed further light on this ever-increasing trend across Australia. However, if you require any advice or assistance regarding your obligations and rights please contact Murray Thornhill or Gemma Wheeler-Carver on 1800 609 945.
This is general information only and does not constitute specific legal advice. If you are concerned for yourself or a member of the community, please contact HHG Legal Group.
 
 
 
 
 
 
 
 
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