Most people do not get injured at work, but it does happen. Work-related injuries can happen in any work-related environment, however most work-related injuries are connected to an office environment. In an office workplace, an employee can experience several different types of compensable injuries. But the two main categories that office-related injuries tend to fall into are accidents and/or occupational diseases. 
Accidents in the Office
An injury that occurs in an office that qualifies as an accident is one which has a single incident of trauma. The types of injuries that can come about from experiencing a one-time office related trauma include:

Back injury – from a single incident of lifting, pushing/pulling or moving

Furniture
Office supplies
Large packages 

Falling – as a result of slipping on a wet surface or using a ladder in

Hallways
Restrooms
Community areas such as kitchens
Outside walkways

Tripping – due to clutter or faulty flooring in any office area

Loose carpeting
Broken floor tiles
Maneuvering around boxes or stocked items

Bruises and Cuts – related to the use of office supplies/materials

Use of box knives to open supplies
Banging a hand or a leg into a protruding object 

All of these types of injuries tend to occur as a result of a lack of careful use and/or safety planning. One way to prevent these types of office-related injuries is to be sure that all walkways and community areas are free from clutter, including boxes of product or office supplies; and that all office areas are free of spillages or damaged flooring. The balance of work-related injuries tends to occur as the result of a lack of safety instruction or a lapse in using safe procedures. For example, it is important to school employees in the proper way to lift or move large items, such as furniture. Or to take the time to show an employee the proper way to use work-related tools, such as a demonstration on the proper technique for using a box cutter. 
Cumulative Trauma Injuries in the Office
The second manner in which people are injured in an office environment is by repetitive motions that are associated with doing their job. For example, typing, filing, kneeling, squatting or any other form of activity that is done repeatedly during the course of the workday. Some of these injuries have specific names such as carpal tunnel syndrome and affect particular areas of the body, such as the hands and/or wrists. Other stress-related injuries do not have a specific name but are simply the result of wear and tear on the body over months, and even years, of repetitive physical motion. An example of this might be someone who spends their day kneeling to put in carpeting or repeatedly squatting and standing to stack shelves. When someone is injured in this manner, it is called a repetitive trauma injury and is also compensable.
Filing A Claim for Compensation
In either instance, be it an accident or repetitive trauma, an injured employee needs to give notice to their employer of the injury they have suffered. Once notice is given, the employer must provide the employee with the necessary paperwork to file a workers’ compensation claim. An employee must then complete the paperwork and return it to their employer. If the paperwork is not completed, a successful claim cannot be filed. 
Once these steps are completed, the employee is responsible for seeking proper medical treatment to aid in their recovery or to mitigate any increase in physical damage or incapacity. If possible, the employee should continue to work. If continuing to work requires some form of workplace modification, the employer should make those modifications to assist the employee in remaining employable. The cost of seeking medical treatment or modifications to the work environment will fall upon the employer. 
If the claim becomes more complicated and an employee is missing more time from work, or the employer refuses to accept that the injury is work-related, then an employee should seek legal assistance from a solicitor who specializes in the area of workers’ compensation law. 
If you find yourself in need of assistance with this or any other legal issue, please contact the law offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.
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The decision whether to include a holding company as part of your business plan is an important one that has many benefits. However, it is also important to be realistic about limitations of a holding company before making your final decision.
What Is a Holding Company?
A holding company is one that is set up in conjunction with an operating business. In its most simple of definitions a holding company buys and holds the most valuable assets or shares of a subsidiary business, also known as an operating business. Hence the operating business continues to function and produce but does not own its own shares or assets. 
What Are the Advantages of Setting Up a Holding Company for your Business?
The most well known advantages include the following;

Reduction of risk of loss; allows for protection of assets from liability that might be incurred by the subsidiary
Protecting assets; including both real property and intellectual property
Tax incentives; that reduce the overall amount of taxes paid by the companies involved
Centralized Control; as the Board of directors of the holding company is also the Board of the subsidiary organization
Asset management; which allows for the focus of managing the overall assets of the two companies to be located in one managing body
Growth potential; It allows for the operating company to focus on taking more risks with regard to expansion and new product development
Stability; Both financially and inside of the management structure as the holding company is less likely to have changes in personnel than the subsidiary business

Is Your Business One that Could Benefit from a Holding Company?
Depending on the type of business you engage in, a holding company could prove very beneficial for you. Some businesses that benefit from having a holding company structure include;

Businesses that deal in various forms of intellectual property such as trademarks, patents, branding or copywriting
High risk operating businesses that could succumb to being sued or incur large losses
Businesses that are in need of investors are more likely to attract such investors if the investor(s) have the security of knowing their money is invested in the holding company, rather than the operating company

What are the Negatives of a Holding Company?
It is important to remember that the protections afforded by a holding company are not foolproof. In the event a subsidiary company is sued, it is possible for the plaintiff to also join the holding company. To prevent the holding company from being liable for the mistakes or negligence of a subsidiary business, the holding company cannot over-reach its control of the subsidiary. It is imperative that the holding company and the operating company do not intermingle their professional identities. Hence a holding company does not want to take control or even appear to take control over the subsidiary, or participate in the actions of the subsidiary. If the holding company does not abide by these rules, they can be considered to have “pierced the corporate veil” and find themselves equally liable in a legal action against the operating company.
Before making a decision regarding setting up a holding company, it is important to know the type of business you will be engaging in and evaluate the risks and liabilities the business will encounter. It is also imperative to identify the value of the assets of the company and the need for external investors. To fully understand and evaluate these important factors, it is highly recommended that you seek the advice of a solicitor and other professionals who have an expertise in evaluating and developing the right plan for your business needs.
If you find yourself in need of assistance with this, or any other legal issue, please contact the law offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.
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One of the staunchest changes COVID-19 brought to town is the dramatic reconfiguring of the workplace environment and location. While most people were accustomed to commuting to work every day and working amongst their colleagues in traditional office quarters, we soon learned that this office-based environment is not necessarily required for a business to remain successful and viable. 
However, as excited as some employees may be about this abrupt change, it is having a significant impact on the commercial real-estate business. Many commercial landowners are now finding themselves in a couple of unpleasant situations. Either former tenants have closed their businesses and can no longer make payments on their leases, or leases are not being renewed. And while this appears to be a negative, it is possible to find some true advantages to the circumstances. This change allows property owners to consider some of the following actions to combat the downside of owning commercial real estate. 

Re-size spaces to accommodate smaller more centralized mini offices for larger corporations
Create individual offices that a single working person can use to combat in-home work distractions
Offer shared space options; allow more than one company to use a single space on different days of the week
Provide community incentives such as including the provision of coffee and water in the price of the lease
Be flexible to the individual needs a tenant might have

On the other hand, if you are a business that cannot operate with your employees permanently working from home, now is a good time to talk with your commercial landlord about getting a bit more for your money or reducing the cost of your lease. With many businesses leaving spaces empty, landlords are likely to be willing to work to accommodate your costs and your businesses unique needs. For example, as a tenant you might want to request some of the following changes in exchange for renewing your lease;

A reduction in the cost of the lease per month based upon using less space to house our employees
A larger commercial space for the same monthly cost as your current space in exchange for signing a new one-year lease (rather than moving out entirely)
Requesting changes to your office configuration at no additional cost
Replacing any items that are included in the lease; for example, newer more efficient appliances or technology

If you are considering starting a new business during this time and you are shopping for commercial space for the first time, you are also at an advantage. With fewer businesses looking to rent space you will have more to choose from. You will also be in a better position to request the landlord make changes to the property you are considering at no cost to you. Some of the terms and details you might be in a better place to negotiate include;

Cost per square foot of the space you want
Shorter or longer lease agreements which lock in the cost of the space being rented
Alterations or retrofitting of the space to meet your particular needs
Reducing the restrictions on subleasing part of the space you are acquiring
Decreased security deposits
Inclusion of the cost of utilities in the lease agreement or needed parking spaces

While the change to our workplace structure has been abrupt and disruptive for many, it is also a chance to seize the opportunity to make changes to your commercial properties and leasing strategies to accommodate a new market. There will emerge new commercial space needs and if you are flexible it is possible that these changes will bring great growth to the commercial property industry.
If you find yourself in need of assistance with this or any other legal issue, please contact the law offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.
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Written by Senior Immigration Lawyer, Pamela Pau
What is the current process and what do the sponsorship changes involve?
Under the current system for partner visas, the Australian sponsor and the visa applicant can lodge the sponsorship application and visa application at the same time. This will be changed to require the sponsorship application to be lodged and approved first before the visa application can be lodged.
When will the changes take place?
These changes to the sponsorship process have been a long time coming. The Migration Amendment (Family Violence and Other Measures) Bill 2016 was passed in late-2018. It had been anticipated that the change would come into effect in 2019 but there were delays and then the onset of the COVID pandemic.
In October 2020, the Australian Government announced that there would be an English requirement introduced for partner visa applicants and their Australian Permanent Resident sponsors. It is expected that the changes to the sponsorship process will be implemented in November 2021, at the same time as the new English requirement is introduced.
Why are the sponsorship changes being introduced?
The changes are being introduced as part of the Australian Government’s broader initiative to prevent domestic violence, and protect visa holders and their children who may be in a vulnerable position. Whilst there are domestic violence provisions within the current framework, partner visa holders who are suffering domestic violence may be reluctant to seek help because they are worried about their visa status, they may be geographically isolated from their family and friends or they may be subject to threats by their sponsor to cancel their visa.
Under the current system, Australian sponsors are required to obtain police checks and the Department can disclose the sponsor’s convictions to the visa applicant. When the sponsorship changes come into effect, by making it a requirement that the sponsorship application is lodged and processed first, it appears the rationale is that disclosure of any relevant offences to the prospective visa applicant could cause the applicant to reconsider whether they still wish to proceed with their partner visa application.
What are the implications?
One of the big unknowns is how long the Department will take to process the sponsorship application. The Department has not yet provided any indications at this stage as to how long they expect to take to process sponsorship applications. If the Department will process the sponsorship quickly, then depending on timing and individual circumstances, this may not be too much of an issue if applicants can factor this into their timelines and plan accordingly.
However, if there are delays in processing the sponsorship application, then this will affect onshore visa applicants because they will not be able to lodge their visa application until the sponsorship application has been processed and approved by the Department. This could create more complications for further visa applications made in Australia, or it may also force applicants to apply for their partner visa from offshore.
I am planning on applying for a partner visa. What do I need to consider?
For applicants who can meet the partner visa criteria, it is best to have the visa application lodged under the current law and before the changes come into effect.
As the visa criteria is onerous, the Department fees are extremely expensive and the Department assess each aspect of a partner visa in detail, it is best to get the visa right the first time around.
The partner visa is not a visa that should be rushed. It is best to plan in advance to ensure that you and your partner have sufficient time to gather your evidence, work on addressing any risk factors or aspects that are currently weak and need to strengthened and ensure you can meet the criteria at the time you lodge the application.
Disclaimer: Please note this information contained in this article is current as of 11 January 2021 and subject to change. The information contained in this article is of a general nature only and does not constitute legal advice. Individuals should not act on the basis of the information contained in this article without first seeking formal immigration law advice.
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Most people are relatively well aware of the need and the benefit of having a Will. But, what many people do not realize is that there are a number of additional protections and financial benefits to creating a testamentary trust within their Will.
First, let’s define what a testamentary trust is;
A testamentary trust is a document that is created within a Will that allows for greater control over the distribution of assets to various beneficiaries. The trust also provides for various tax protections and liability shields for the beneficiaries.
The form of a testamentary trust usually takes one of two structures;

Discretionary Trust – This form of trust allows the beneficiary of the trust to make decisions including how much of the monies will be distributed via the trust, whether to use a trustee or to distribute the assets themselves.

Protective Trust – This form of trust appoints a trustee to manage the assets of the trust, determine the distribution of the trust and does not allow for the beneficiary to remove the trustee. This type of trust is best for those beneficiaries who may not be fully capable of managing their assets on their own.

It is important to consider which type of trust would best suit your situation and the circumstances of the beneficiary. If you have any concerns about the beneficiary’s ability to financially manage the assets that you will be leaving to them, then it might be best to use a Protective Trust. If you are uncertain as to the best format for the transfer of your assets via a testamentary trust, then it is highly recommended you speak with a solicitor before making your decision. Once you have given your solicitor some information about the value of the assets and the circumstances of your designated beneficiaries, your solicitor will be better able to make a sound recommendation to which trust you should pursue.
Advantages of a Trust
There are several advantages to using a testamentary trust via your Will. Some of these include;

Tax benefits; In general, a trust only pays income tax on the monies that are not distributed. Therefore, distribution of the assets prevents the trust from paying income tax. However, it is important to keep in mind that the beneficiaries will pay income tax on the assets they receive from the trust.
Retirement/Pension Funds: Monies received via a trust are not taken into consideration when evaluating retirement or pension funds eligibility. Therefore, it is likely that a person who is on a pension will not lose any part of their pension in an offset against their inheritance. Again, it is important to remember that while the monies may not cause a reduction in pension benefits, the monies will be taxable income.
Capital Gains Tax: If assets that would have been subject to CGT are transferred after death via a testamentary trust, the capital gains tax is not assessed against the asset at the time of the death. However, there are nuances of this benefit that must be explained and reviewed with a solicitor before a complete understanding of the implications can be understood. 

Protections of a Trust
There are several protections that are afforded through the use of a Trust for both the Testator and the beneficiaries. Some of these protections include;

Preventing financial waste on the part of the beneficiary
Protecting the funds from beneficiaries who lack the skills or sense of responsibility to use the money wisely
Allowing for beneficiaries basic living needs to be financially secured via the monitoring of a trustee
Sheltering persons who are in employment or business situations that create a high level of risk of being subject to litigation.
Providing objective overview and control of the assets by a third party trustee
Securing monies that cannot be reached via distribution of assets during divorce

There are a variety of benefits and protections that can be afforded a Testator through the use of a testamentary trust. But, in order for a Testator to reap the maximum benefits and protections, the Testator must be willing to share with their solicitor the details of the types of protections that might be needed to protect the assets being transferred and to shield the beneficiaries from any losses via waste or legal action.
If you find yourself in need of assistance with this or any other legal issue, please contact the law offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.
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Love caring for and educating children? Thinking of buying a childcare centre? In order for the process to go smoothly, there are a few key things you need to consider. 
To help you navigate the buying process, we’ve put together this guide with 4 tips for buying a childcare centre. And if you have any additional questions, please don’t hesitate to get into contact with our experienced commercial property lawyers.
Overview:

Individual vs franchise 
Laws & regulations
Financial position
Services you’ll provide

4 Factors to Consider When Buying a Childcare Centre
1. Individual vs Franchise
The first step of buying a childcare centre, is to determine what type of centre you would like to own. There are 3 options available:

Establish your own centre.
Buy a childcare franchise.
Buy a centre that is already successfully running.

Your next steps will be dependent upon the type of ownership you choose.
A. Your Own Centre
If you want to build your own centre, you should start by considering the following:

The location: in assessing the most advantageous location for your new centre, you will want to consider the ease of access from main roads and thorough fares.

Building inspections: you will need to undertake the proper building inspections to ensure that the premises are both appropriate for your commercial needs and for the purposes of running a childcare centre.

B. Childcare Franchise
When buying a childcare franchise, there are several factors to consider. These include:

How all of the compliance and legal regulations will be kept up to date and implemented on a regular basis.
Who will be responsible for the continued licence of the business.
Who will be responsible for the ongoing marketing of the business.
The franchise’s education model and discipline philosophy (to ensure it aligns with yours). 

Speak to a franchise lawyer for specialist advice in this regard.
C. Existing Childcare Centre
If your goal is to buy a child care centre that already exists, you will need to review their current business dealings and profit statements to confirm that the business is viable. In this situation, you will want to:

Confirm the number of children enrolled
The cost of doing business 
The expenses of maintaining or adding to your professional staff

2. Laws & Regulations
Once you have determined the type of ownership, you will need to consider all of the rules and regulations that come with owning a childcare business. This means you will need to look at:

Compliance with national laws and regulations 
Proper teaching credentials for yourself and your staff 
Backgrounds checks to ensure that all staff are suitable for working with children 
Business insurance

If you have any questions, please get in touch with our experienced commercial lawyers.
3. Financial Position
You will then need to turn your mind to the matter of your child care centre’s financial position. At the start of your venture, you need to consider the following:

Do you have enough capital to invest in creating, purchasing or franchising a childcare business?
Will you have enough enrollment to support the salaries of the necessary staff?
How much will full insurance coverage cost per month for both employees and children?

Day to day expenses including but not limited to; classroom supplies, laundry and cleaning services for the centre, replacement or repair of classroom furniture, funds for the purchase of new educational toys, games and small electronics.

4. Services You’ll Provide
The last step in buying a child care centre is to determine what services you intend to provide. There are several options available, some of which include:

Full day care facility: which allows for working parents to drop their children off early in the morning and pick them up after the close of business.
Family day care: which can include providing services in your own home or at the home of your clients.
Preschool services: which are not necessarily full time, but can include both kindergarten services or ‘two and three day per week’ programs.
Occasional care services: which allows parents greater flexibility and use for particular circumstances.
After school services: for children who attend a full day of school, but need to be cared for after school hours.

With each of these options, it is important that you honestly assess your interests and abilities. You need to choose the option that works with your strengths and gives you a competitive edge.
Additionally, all options require compliance with the national laws, rules and regulations of NSW and Australia, and careful research and consulting with a commercial conveyancer and lawyer is highly advised. In doing both your own research and seeking business sale and purchase legal advice, your dream of owning a childcare centre can become a reality.
For further information on buying a childcare centre, please contact the offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. So if you have any questions about how to buy a childcare centre or if child care centres are profitable, please call us at your earliest convenience to schedule a consultation at 1800 770 780.
People also read:

8 Steps to Buying a Business
Buying a Franchise: What You Need to Ask the Franchisor 
The Top 9 Mistakes to Avoid When Buying or Selling a Business

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Divorce proceedings are both emotionally exhausting and financially draining. The resources of a divorcing couple can be depleted quickly, causing both sides to face serious economic consequences. In an effort to keep divorcing persons mindful of not escalating the cost of litigation, the Family Law Act has adopted the norm that each party is to pay their own litigation costs. In doing so, the law attempts to hold people accountable for the nature and extent of their legal proceedings so as to encourage less litigation and fewer costs, overall. This stance also provides the couple with a personal stake in the cost of prolonging litigation, reminding them that their monies could be better spent on their new lifestyles and their children’s ongoing needs.
The general premise is that each party to the litigation will pay their own legal costs. However, it is possible that a situation might call for one party to request litigation expenses be paid by the opposing party. In this instance, the party requesting costs be assessed needs to make the proper application to the court. An application requesting costs can be done either in writing to the Court or by verbal motion to the Court. But, before doing so, it is important for the requesting party and their legal counsel to determine if the request for costs is well-grounded. 
As such, while the general premise is that each party will pay their own legal fees, there are a few exceptions that can cause one party to have to pay the litigation costs of their divorcing spouse.  In the following instances, a Court could draft an Order directing one spouse to pay the legal fees of the other. 
Such instances might include;

When one party makes false allegations against the other, causing a significant delay in litigation and thereby driving up the costs assumed
Overextension of the use of the appeals process in which the final outcome of the case is unchanged causing one party to expend unnecessary funds for a proper defence
Filing ongoing causes of action for the purpose of aggravating the opposing party
Where one party has willfully breached a Court Order forcing the other party to seek the Court’s assistance in enforcing the Order
Failure to comply or provide accurate factual/financial information causing the Court to have to revisit issues in an effort to make a fair ruling
When the filing is frivolous in nature

In addition to reviewing these possible reasons for awarding one spouse litigation costs, the court will also balance the following factors. 
Would awarding costs;

Cause the indebted party great financial hardship
Go against the best interest of the child
Be an appropriate remedy for the seriousness of the transgression

If any of these concerns are answered in the affirmative, the Court might reconsider awarding costs to the requesting party.
Even if there is justification for the Court to order a spouse to pay the litigation fees of the other spouse, it is imperative to remember the Court will only assess costs that they believe to be reasonable under the circumstances. This does not translate into the Court awarding the requesting party enough money to pay all of the incurred litigation fees. Instead, it simply means the Court will make a determination as to what they believe is equitable and reasonable under the circumstances. 
While it is possible to get a Court Order to indemnify the costs of litigation in family law issues, it is very rarely a productive stance to take. In all circumstances, it will always be best to cooperate to the greatest extent possible and come to an agreement that both parties can and will abide by, sans the need for further litigation and incurring the inevitable costs of the same.
If you find yourself in need of assistance with this or any other legal issue, please contact the law offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.
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With the COVID-19 outbreak affecting the economy and job market, an increasing number of Australians are becoming full-time or part-time contractors. The fact that thousands are choosing to contract over the lure of fixed jobs, incomes, and hours speaks volumes about the advantages that the field of contracting has to offer.
Contracting, as an employment arrangement, is rapidly gaining in popularity. What are your legal rights? Do contractors enjoy the same rights as employees?
Who Is a Contractor and How Are They Different from Employees?
Contractors are individuals who work on a contract basis to provide materials, services, or products. They are paid on an hourly or daily basis, unlike employees who get paid a regular salary. In terms of responsibilities, a contractor’s job profile is similar to that of a regular employee, except that they usually earn more.
 The reason behind contractors’ higher earnings is that they often forfeit typical entitlements that regular employees take for granted. Employers can sometimes find it difficult to classify a worker as an employee or as a contractor.  
We explain significant differences between contractors and employees below: 

Contractors have more control over their work than employees who work under the direction of their employers. 
Contractors are responsible for their risks, profits, or loss while employees enjoy a regular salary independent of company performance (except in the case of cutbacks).
 Contractors do not enjoy superannuation benefits, unlike employees, except in a few cases.
Contractors pay their tax and GST to the government while employees receive their taxes after deducting income tax. An employer cannot withhold the taxes of a contractor. 
Contractors are not entitled to annual, sick, long, personal carers, or extended leave.

Contractors are often exposed to new skills and environments during the course of their work. The employer can dismiss the contractor, or the contractor can discontinue working without due process.
However, a number of disputes and problems may arise if the contract agreement is unfair, broken, or breached. Please contact an experienced lawyer if you need more information about your legal rights as a contractor. 
The Legal Rights of Contractors 
The Fair Work Act of 2009 protects independent contractors from unlawful and unfair practices. For example, an employer cannot force a contractor to forego their rights, and contractors cannot be coerced into unlawful contracts containing unreasonable terms. Contractors are entitled to control over their work, fair hours of work, and may work on multiple projects. 
Similarly, contractors are free to join or not join an employer or union group. A court may cancel an agreement if the contractor was forced to sign it under undue pressure or if the terms of service contravene Australian laws. 
One of the best ways contractors can protect themselves is by investing in liability insurance. In addition, contractors must operate under the obligations and duties listed out in the contract agreement. 
Looking for Legal Guidance?
Whether you’re a contractor or an employer looking to get reliable legal advice, please feel free to contact Owen Hodge Lawyers on 1800 770 780. We can help clarify your position and update you regarding your rights in the event of a dispute. 
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Most often aging parents will ask one of their adult children to be the executor of their Will. And since it is quite unlikely that an adult child will decline, the responsibilities the adult child will be asked to undertake can take a toll on them, both emotionally and legally. It can be very difficult to handle the natural grief process and the legal proceedings at the same time as dealing with the loss of a parent.

During this difficult time, it is most important to remember that being an executor of the estate of a deceased parent comes second to your own mental and emotional well-being. So it is important to have a strong support network that will help you deal with both the emotional loss and the legal responsibilities. If you have siblings or a best friend, do not be afraid to enlist their help. During such a difficult time, these family members and/or friends can make a significant difference in helping you handle both your personal sorrow and the organizing and following through of the steps you will need to take to settle your parent’s estate. 
First and foremost, as the executor, you need to retrieve your copy of the Will. If you do not have a copy of the Will, but you know that you are the executor, then you must secure the Will from your deceased parent’s belongings. There are several places a parent might put a Will for safekeeping. These places could include;

Safe-deposit box at a local bank
With their solicitor
In a secure place in their home; filing cabinet, desk drawer or lockbox

Once you have your copy of the deceased’s Will, it is important that you take it to a solicitor. If your parent(s) had a particular solicitor who drafted the Will for them, you will want to start by returning to that solicitor’s office. If the solicitor is no longer practising, or has closed or moved their place of business, you can elect to use a solicitor of your own choosing. A solicitor can assist you through the process thereby making it much less overwhelming and intimidating.
However, if you choose to proceed on your own you must take the following steps;

The Will must be presented to the NSW Supreme Court for a Probate Order
The Court will then determine if the Will is valid and the assets can be distributed
If the Will is found valid the Court will issue a Probate Order
The Probate Order will allow the executor to proceed with distributing all of the assets in the Will, including real property

It is important to remember that as the executor the law requires that you apply for Probate within six (6) months of the date of death. If there is a delay in filing for Probate, the Court will expect you to present a valid reason for the delay.
Once the Court has granted Probate the executor has the responsibility of publishing a notice of intended distribution. In addition, the executor must make payments for any liabilities the estate is responsible for. During this process, it is imperative that the executor keep receipts for payment of each outstanding debt. After both of these responsibilities are completed, the balance of the estate can then be distributed as directed in the Will, by the executor.
While it is always hoped that the distribution of a deceased parent’s assets moves through the process quickly and smoothly, that is not always the case. During the process, various issues can arise such as difficulties obtaining an Order of Probate, or the Will could be contested by a family member or friend who might have been dependent upon the deceased. Under any circumstances where a Will is contested in its entirety or in part, the process can become quite difficult and stressful. In the event that you encounter any of these obstacles, it is highly recommended you seek the professional advice of a solicitor immediately.
If you find yourself in need of assistance with this or any other legal issue, please contact the law offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.
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 As the prospective lot owner, you’ll need to become familiar with community titles before making a property purchase.
When an area of land is divided into at least two lots and has common areas, it’s known as a community title. A community title includes common ground and is often used to maintain a decent level of local amenities or services for the local residents. The term usually refers to large estates with multiple lots that may also include retail or commercial outlets.
Key Documents Required for Community Titles
 Prospective buyers and owners should be aware that there are four documents required:

 The Plan – The plan specifies if it is a community strata scheme or community scheme; there are significant differences between the two.
The By-Laws – The by-laws contain rules to administer the community property and also regulate the appearance and use of the community lots. They may also specify the purpose for which a lot can be used.
Scheme Description – The scheme description is optional for residential lots of six schemes or less but is mandatory for lots used for commercial purposes.
Development Contract – A developer may offer a contract to develop the community lots or common property in accordance with the by-laws and scheme description. The lot owner has the right to take legal action If the developer does not comply with the contract.

These documents should be lodged with the LTO or Land Titles office. The documents may be attached to the sale contract, or they can be purchased from the LTO for a nominal fee.
More Information about Community Titles
Community titles can include features like recreational facilities, landscaped parks and walkways. The lot owners form what is known as a ‘Community Association’, and the community title scheme is created by registering the neighbourhood, community or precinct plan. All the common areas including walkways, roads and promenades are Association property or common property. Estimation of site values determines individual contributions towards maintenance and insurance. 
It can be challenging to manage community title schemes which generally consist of large complexes, big developments and conflicting interests. They frequently include a mix of residential, commercial and retail lots. Every community scheme varies in nature, and therefore, the by-laws tend to be less standardised compared to the by-laws of community strata schemes.  
What Are the Rewards and Risks of a Community Title?
As a lot owner, you can benefit from community titles in various ways:

You can enjoy the use of shared areas, including swimming pools, gardens and recreational areas.
You have a say in the management and development of the community.
The landscaping and area development add value to your property
The common areas are covered by insurance (the costs of which are shared by lot owners)

Potential pitfalls could include high insurance and maintenance fees, restrictive usage rules or disputes with another lot owner in the community. Alternatively, you could be a landowner looking to develop property on the land and may face opposition from other lot owners.
Contact Competent Lawyers for Assistance
As with any property purchase, an experienced property lawyer can help you understand your position and help with dispute resolution. As seasoned legal experts, Owen Hodge Lawyers provide reliable and updated advice regarding residential, commercial or agricultural property. Please call us on 1800 770 780 for assistance with your questions and concerns.
The post What Are Community Titles? appeared first on Owen Hodge Lawyers.

Written by Rolf Howard, Managing Partner
Last year the Banking Royal Commission was a catalyst for a discussion about the deep purpose of organisations and the focus of interest on any particular stakeholder.
Typically an organisation has competing interests of owners, employees and customers. This is often seen through a prism of competition. Lower prices are good for customers but less money for owners. Higher wages are good for employees but again bad for owners. Ultimately owners have control so let’s drive down wages and increase prices and pay better dividends to shareholders.
Historically this competitive view of the internal interrelationships within an organisation was accepted as healthy and appropriate in the 1970s by the economist Milton Friedman from the Chicago School of Economics. He said this merely reflected the invisible hand of the competitive market as envisaged by the 18th-century economist Adam Smith. Many leaders of modern organisations were a university when Friedman’s views were becoming accepted.
So the pre-eminence of the shareholder or owner has been largely accepted as normal and the interests of senior managers have often been aligned by remuneration with the owners. However, in the short term focusing on the interests of shareholders can lead to less than maximal outcomes for other stakeholders.
The Banking Royal Commission showed that customers, in particular, could be losers in circumstances where owners and employees focused predominantly on the interests of shareholders. Another good example where employees and the community as a stakeholder are losers is the enquiry into Crown Casino in Sydney, New South Wales. This enquiry has revealed that a total focus on the interests of owners by senior employees and directors of Crown has allowed substantial business risks including the imprisonment of employees in China and money laundering by criminals through Crown accounts in Melbourne and Perth.
It is important for a modern organisation such as Owen Hodge Lawyers to balance the interests of the stakeholders in the real belief that by maximising the interests of all stakeholders all parties will achieve the greatest utility from the resources available. That is, in simple terms, the competitive environment between stakeholders will lead to a less optimal outcome than a mutually beneficial engagement between stakeholders to maximise each other’s interests.
The leaders of the organisation control the shareholders and employees to a large degree. They control what the organisation says and does for customers and control in some regard the impact on society generally.
Therefore the “purpose” as expressed by leaders is critical. This is what all stakeholders can buy into. The above discussion highlights that an owner who says, “I’m just here for the money” sets him or herself up against the interests of employees, customers and possibly society. But an owner who says, “I am here for a higher purpose” invites those other stakeholders to buy into that higher purpose and share that purpose with the owner.
So this is not to say it is not appropriate for owners to be profit maximisers. They should be. They need to be in any competitive environment. It’s just that that discussion needs to be kept amongst owners. Employees, in particular, should be encouraged to align with the “greater” purpose as stated rather than purely maximising profit.
By aligning owners and employees around a higher purpose there can be a deeper engagement ultimately for the benefit of all stakeholders and as discussed above the long-term benefit of all. Owen Hodge Lawyers’ statement of purpose is as follows:
           “We believe in being different. Our passion is to provide our clients with clarity, direction and security.”

This statement of purpose is important because it says a number of things to staff and customers.
Firstly at OHL are prepared to be creative, innovative and not constrained by tradition or limitations. We will think outside the box.
Secondly we want to tell you how we will make you feel. We understand that that’s what’s important to you. Not what we do. We will do what’s right and what’s necessary and that’s implied. But most important will take away your uncertainty, we will point you in the right direction and we will do what’s necessary to get you there.
That statement of purpose is completely client focused. Yet it is written for the primary benefit of owners and employees. Interestingly however it could be, and is in fact, a statement to the market. That’s where it began on our website.
By focusing the minds and behaviour of owners and employees on the interests of the client this can, and almost certainly will, lead to different behaviours by those stakeholders at the margin of engagement with clients. Those behaviours will be more attuned to the benefit of customers and clients. So customers will get better outcomes. In the longer run if customers are getting better outcomes then it is anticipated they will return and refer others to the organisation which is to the benefit of owners and ultimately employees.
The next part of the equation is to manage the hearts and minds of owners and employees through agreed values. By encouraging stakeholders to agree to behave according to an agreed set of values the organisation can push towards its stated purpose and by implication the achievement of maximum benefit for all stakeholders.
At Owen Hodge lawyers we agree to the following values:

Integrity
Empowerment
Excellence

Integrity in some way speaks for itself. It simply just means doing what we say we will do. It implies honesty and also consistency. When someone acts with integrity for somebody who has integrity there should be no surprises. It should say to those who live and operate on the margin of integrity that our lawyers will not push the bounds of the integrity of ethics and the law.
Empowerment comes from a shared purpose. Where employees and owners are inherently in competition there cannot be true empowerment. When they are striving in partnership for the same higher purpose it is in the interests of owners to do whatever is possible to encourage and motivate employees to be the best they can be. In this environment, the best employees, those who are empowered, will achieve the best outcomes and the agreed purpose of the organisation.
People acting with integrity and truly empowered should achieve excellence and the only appropriate outcome will be excellence. That’s the outcome that customers will want and through a shared purpose and all participants acting with integrity, excellence is achieved.
The post Purpose and Values of Owen Hodge Lawyers appeared first on Owen Hodge Lawyers.

Long service leave entitlements allow for an employee to take an extended leave of absence from their workplace after they have worked for a single employer, or one of the employer’s subsidiaries, for a significant period of time. The employees’ entitlement to long service leave is not tied to the employee doing the same job for the requisite number of years but instead tied to the total number of years they have been employed by the employer. In addition, even if the employee does not meet the time required for the full period of extended leave entitlements, it is possible for the employee to qualify for a lesser amount of time-based upon a lesser number of years of service to the same employer. Finally, it must be remembered that the time frames to qualify for a partial or full extended leave entitlement is particular to each state in Australia. So, before attempting to determine if you are eligible for long service leave, you must check the laws in your particular state.
Let’s begin by reviewing the New South Wales Long Service Leave Act (1955). This act is the controlling law for those who reside in NSW Australia and are considering taking Long Service leave or attempting to cash out their long service leave entitlement. There are two ways in which long service leave can become relevant to an employee;

The employee has been employed with the same employer for 10 years or more
The employee has been employed with the same employer for between 5-10 years

Long Service Leave for between 5-10 years of employment
Long service leave is an entitlement that can be available to those who have worked between 5-10 years for a single employer. Within this time frame, an employee might be eligible for a pro-rata share of their long service leave benefit. However, it is important to note that if an employee leaves their employment for the purpose of simply taking a new position, with a different employer, they will not be entitled to any pro-rata cash payout of their long term benefits. In addition, if the employee is let go for serious or willful misconduct, they also will be denied a payout of their long term leave. Hence, in this instance, the employee is only entitled to partial long term leave hours if they are absent from work due to illness, incapacity, a domestic/family emergency or their own death.
For those in need of a pro-rata long service leave, the question that tends to be the most contentious is the entitlement to long service leave for the purpose of a domestic or family emergency, such as caring for an elderly family member. The definition of such an emergency is not clearly defined within the Act, itself. Therefore, the majority of litigation that occurs around an employee needing a pro-rata period of long service leave to attend to a family emergency or care for a family member and/or domestic partner tends to be the cause of most disputes. In these cases, the court will apply a validity test to the circumstances being claimed. If the validity test is found in favour of the employee, then the employee can be found entitled to a pro-rata share of their long service leave dollars.
 
Long Service Leave for 10 years or more of employment
If an employee has been with the same employer for ten (10) years or more, they are entitled to approximately 8 weeks of long service leave benefits. If an employee remains with the same employer for more than 10 years additional long service leave can accrue. The rate of accrual is an additional 4 weeks of long service leave for every additional 5 years of employment.
These benefits are paid out in accordance with the number of years (10 or more) that the employee has worked for the employer. It is important to note that it must be years completed and partial weeks or months are not figured in when calculating the benefit entitlement. And, the benefit does not apply to an employee that has been terminated from their employment for misconduct.
Payment of long service leave for either 5-9 years of service or for 10 or more years of service, is paid out at the employees’ ordinary rate of pay. The use of the employee’s ordinary rate of pay is for those employees expecting to return to their employment after their period of leave.
A payout can also be made if the employee has the requisite number of years of employment and is permanently leaving their employment for one of the following reasons;

Resignation (including retirement)
Dismissal (for something other than serious or wanton misconduct)
Job loss due to a finding of Redundancy, or the
Death of an employe
Illness/Incapacity (permanent)
Domestic/Family necessity and/or emergency (permanent)

In these cases, where an employee will not be returning to work, the employer can use the WA calculator to correctly calculate the amount owed to an employee upon their departure from employment. The WA calculator should not be used if the employee will be returning to work in their same/similar capacity.
Long service leave benefits can result in some complications, particularly if the employer calls into question the basis for requesting the same. In these instances, it is best to consult with a professional who is knowledgeable and experienced in the types of circumstances that qualify an employee to receive long service leave benefits.
If you find yourself in need of assistance with this or any other legal issue, please contact the law offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.
The post Can I claim long service leave if I resign? appeared first on Owen Hodge Lawyers.

Studying abroad is one of the most exciting decisions a student can make. However, in order for the adventure to come to fruition, it is important that all of the relevant steps be taken. Aside from needing to choose the right country, city and university, it is important to know what forms of international paperwork must be completed so that you have the right to enter the country and stay for the duration of your courses. This pertains to studying abroad in Australia.
A basic student visa will allow you to do the following;

Stay in the country for up to five (5) years of your enrollment
Participate in an eligible course of study of your choice
Bring family members with you to Australia during the period of your education

In addition, there are some things you must keep in mind with regard to your eligibility that are separate and distinct from your education choices. You must;

Be enrolled in some form of overseas health care coverage
You must be six (6) years or older and if you are under that age of eighteen (18) you must be able to show that there is an adult household that you will be residing in and with.

There are also financial and timing considerations which include;

A fee for your application from AUD620 or more
The proper application (usually form 157A)
A waiting period for acceptance of your application

When deciding which visa you will need, there are five (5) choices available to you. These choices include;

Student Visa (subclass 500)
Visitor Visa (subclass 600, 601 and 651)
Working Holiday Visa (subclass 417 and 462)
Student Guardian Visa (subclass 590)
Temporary Graduate (subclass 485)

The most common visa that students apply for is the Student Visa subclass 500. This visa has specific requirements which include the following;

English Language Intensive study for foreign students 
Attendance at both primary and secondary schools
Student exchange program via your home school and an Australian school
To participate in a vocational education and training program
Higher education; including college
Post Graduate courses of study and research
Non-award courses of study
International students who are being sponsored by the Department of Foreign Affairs/Defense

The other four (4) available student-oriented visas are for shorter periods of study and for guardians that might need to travel and supervise children who are under age. If you are planning on a shorter stay, you might find that the Visitor Visa or the Working Holiday Visa are more fitting for your needs. Each of these Visas allows for a 3-4 month stay in the country.
All visas require you to show that you meet the following criteria;

Proficient in the English language
Have a good character
Have overseas health care insurance
Certificate of enrollment from an Australian school or university
Sufficient funds to support yourself beyond the cost of tuition
Do not have a criminal background
Willing to submit to fingerprinting and background check
Proof of a passport

If you are a student from Italy, your requirements will be similar. However, you should allow additional time for your visa application and, as such, you should begin your application immediately upon receiving your acceptance to an Australian educational program. Italian students may have to provide their biometric information, including photographs and fingerprints. Students may also need to participate in an interview prior to receiving their visa and update their visa yearly.
A study abroad, for even a short time, can give a student more than just an educational experience. A student can gain valuable cultural insight and new perspectives by being involved in the day to day life of citizens and peers from a country other than their own. As such, the requirements of the process of being accepted at an Australian school or university or work-study program and the visa process, are worth the time and effort it takes to complete them. Studying abroad can afford a young person a unique learning experience that will enhance their lives and their professional careers long after their education has concluded. 
If you find yourself in need of assistance with this or any other legal issue, please contact the law offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.
The post What visa pathways are available to me? appeared first on Owen Hodge Lawyers.

Subleasing property is an effective way to minimise living costs for tenants and maximize rental income for landlords. While subleasing could be a smart strategy for both landlords and tenants, it doesn’t come without important considerations.
How does subleasing work under Australian law, and what are the implications for landlords and tenants?
What Is a Sublease?
A sublease is an agreement between the main tenant and a subsidiary tenant who wishes to rent a part of the property. For example, you may be renting a property that has a spare room, and you (as the tenant) may want to rent out the room to minimise the rental cost.
In simple words, a sublease agreement allows tenants to maximise cash flow by allowing a third party to rent a part of the premises. 
Subleasing Do’s and Don’ts for Tenants 
Please take the following things into considerations before you sublet the property:

Double-Check the Subleasing Clause –  Just because the rental agreement doesn’t mention subleasing does not mean that you’re permitted to take on a new tenant. 
Take the Landlords Consent – According to law, landlords cannot prohibit tenants from subleasing unless there is a reasonable cause. 

You Are Responsible for Your Subtenant 
Once you share the property with a tenant, you are responsible for the subtenant. This may include issues like damage, non-payment of rent and so on. Most landlords will deal only with the head tenant for rent payment and problem resolution. 
If you feel that the landlord unreasonably denies consent, you have the option of making a legal appeal to the NSW Civil and Administrative Tribunal (NCAT). 
A sublease contract should cover:

The term for sublease and details of the subleased premises (The duration of the sublease cannot exceed the term of the main rent agreement)
Landlord’s consent 
Security deposit and renter’s insurance
Overdue rent clauses
Repair, damage and obligations to head tenant 

The tenant as well as the subtenant needs to sign the sublease agreement and keep a copy for their records. 
What Are the Implications of Subleasing for Landlords?
As a landlord, your properties should generate consistent and regular income. However, this may not be a constant as tenant turnover tends to be high, and many times, they may move within a few months.
A prudent landlord may wish to perform due diligence with the main lease agreement (with the head tenant) and pay attention to the following considerations:

Ensure that subleasing is addressed in the main agreement along with restrictions if any. The main lease agreement should not unreasonably deny subletting of the property.
If the main lease agreement is terminated, it should automatically void the sublease. This will discourage head tenants from entering into a direct lease with subtenants.

The landlord may withhold consent to sublease if the number of proposed occupants is too high. 
Do You Need Legal Advice?
Whether you’re a landlord or tenant, an experienced property lawyer can assist you in formulating a law-compliant sublease agreement.  Our legal advisors at Owen Hodge Lawyers can help you include important legal clauses, clarify or resolve issues and run credit checks for prospective subtenants. 
For any assistance or concerns regarding property subleasing, please call us on 1800 770 780 for a consultation. 
 
The post What Landlords and Tenants Need to Know about Subleasing appeared first on Owen Hodge Lawyers.

 Australian universities are seeing more students from Latin America and Italy than ever before. Given the exceptional standard of education, an impressive variety of subjects to choose from, and the high standard of living, it’s no wonder that Australia is a preferred destination when it comes to university study programs. Australia attracts thousands of international students every year.
If you’re planning to study and stay in Australia for an extended period of time, you’ll need to apply for a student visa. You may want to apply for a tourist visa for shorter courses less than 12 weeks’ duration.
Our experienced migration agents and immigration lawyers are happy to help you obtain the correct visa for your specific purpose. 
What Are the Benefits of Obtaining a Student Visa to Australia?
Studying on a student visa can prove beneficial in several ways:

Work and Study: You can work and study at the same time, which makes it easier to pay for university fees and other living expenses. Unlike many countries that disallow working on a student visa, Australia allows you to work for a maximum of 40 hours per fortnight.
Depending on the study programme in which you have enrolled, students can benefit from the post-study work program, which authorises you to work after completing your studies.
You can also include family members, including children, spouse, and de facto partner in your student visa.

Step-by-Step Process of Applying for an Australian Student Visa
The student visa process involves the following six steps. 

First Step – Enrol 

Before starting the visa application process, you’ll need to enrol in an Australian university and obtain what is known as the ‘Certificate of Enrolment’ or CoE. 

Second Step – Accounts 

Create an online account to apply for your student visa.

Third Step – Organise Documentation 

 Keep all your documentation ready. You may need:

Valid passport
Adequate health insurance
Birth certificate
Bank statements
Certified grade reports, IELTS certificate for English

If you apply online, you’ll need to upload all your documents in digital format. For more information, please check the government document list to verify the documents required. The list of documents needed may vary depending on where you’re from and the Australian University that you’re applying to.

Fourth Step – Complete Application  

Complete your online application, pay the application fee (usually around 560-575 AUD) and get your TRN number (Transaction Reference Number). You can use this number to check on the status of your application.

Fifth Step – Check-Up

Depending on where you plan to live or study, you may need to complete a health check-up and attend a visa interview. You’ll need to get your health check-up done by a doctor approved by Australian immigration.

Sixth Step – Receive an Email 

You will receive an email regarding your student visa status.
Student visas are issued if you plan to enrol for courses that last between 12 to 52 weeks. Applicants can renew their student visas multiple times as long as they enrol for CRICOS-approved courses but too many renewals may result in rejection.
 How Owen Hodge Lawyers Can Help
Our knowledgeable specialists at Owen Hodge Lawyers can update you with the current student visa requirements and help you with the application process. We also provide assistance with renewals or appeals in case of cancelled or expired visas. Please book a consultation with our legal experts on 1800 770 780 for all matters related to obtaining Australian student visas.
 
The post What do I need to qualify for a Student Visa to Australia? appeared first on Owen Hodge Lawyers.

Written by Christine Vrahas, Estate Dispute and Litigation Lawyer
We can’t go on together… with suspicious minds….
We’ve all heard Elvis’s stance on suspicious minds in the context of lovers,  but what about suspicious minds in the context of the execution of wills?  
The matter of Mekhail v Hana In the Estate of Nadia Mekhail (No 3) [2018] NSWSC 1452 is a good illustration of suspicious circumstances in the context of the execution of a will.
Georgette and her son Bishoy attended upon a solicitor in late 2014 together with Nadia, the testatrix, who had been released from palliative care, in the final stages of metastasised breast cancer. The solicitor had never previously met or spoken with Nadia. However, he had already drafted a will leaving the whole of her estate to Georgette and appointing her executrix  He had also already drafted an enduring power of attorney in favour of Georgette. Both documents were based on a series of lies made to him by Bishoy with the full knowledge of Georgette. The most striking lie was that, contrary to what the solicitor was told and what appeared on the face of the will which the primary judge admitted to probate, Georgette was not Nadia’s daughter. Nor was Georgette Nadia’s next of kin. The two women were unrelated.
Nadia executed the 2014 Will. 
Suspicious circumstances?
Nadia dies. The primary judge makes an order that probate of Nadia’s 2014 is granted to Georgette. 
On appeal, the Court of Appeal found that despite weight given in circumstances where a testator or testatrix had read and has signed a will, in law, that fact alone is not conclusive proof that:

This was the will of a free and capable testator; and
The will represent the deceased’s wishes. That is, did the deceased knew and approved of the will.

After revisiting the full nature of the evidence supporting the claim of suspicious circumstances, the Court of Appeal was not satisfied that 2014 was that of a free and capable testatrix and that the deceased knew and approved of its contents.  
If you have any questions with regard to this, or any other Estate Litigation matter, don’t hesitate to get in touch with the Estates team at Owen Hodge Lawyers. Contact us either via email at [email protected] or via phone at 1800 770 780.
The post Suspicious Minds? No! Suspicious Wills. appeared first on Owen Hodge Lawyers.

In today’s age of technology, protecting valuable business information is imperative to the survival of any company. However, it is also vitally necessary to give employees access to sensitive information in order for them to work effectively and efficiently. But how do you protect the content of your information from being leaked or stolen by current or departing employees?
Initially, the best way to prevent stolen or leaked confidential information is to have a confidentiality clause in your employee contracts and employee handbook. Even if you do not have a contract that specifically states that employees are not permitted to leak or steal confidential information, such acts are implied as impermissible in all employment situations.
If you do have a confidentiality clause in your employment contracts be sure it contains the following;

Define confidential information; including client lists, marketing materials, and any form of intellectual property or business strategies employees have access to.
Indicate the ongoing confidentiality obligations, if any, once an employee leaves your employ.
Add a signature line or a place for employees to put their initials at the base of the confidentiality clause to ensure they have read it and understand it.
Include specifics for particular job titles; especially for those employees who may have access to more than the average amount of confidential information.
Clarify the consequences for breaching the confidentiality agreement within the employee contract.

Once an employee has started working, there are several ways in which a business owner can prevent the leaking of confidential information. Some of these ways include;

Limiting access to sensitive information to only those employees that have an essential need for the data
Put varying levels of security protections on the different levels of critical material
Alert and train staff on the types of security breaches that can occur during the course of their daily use of the internet
Limit access to the internet to only those sites that are both secure and necessary for the daily business process
Prohibit the use of flash drives and other data transferring devices
Encrypting email data

If an actual security breach occurs, an employer must be careful to confirm the occurrence of the event and then act swiftly to secure the leaked or stolen information. There are several ways in which an employer can confront a breach of confidentiality including;

Requesting a meeting with the employee and human resources to confront the alleged act of stealing or leaking confidential information
Thoroughly investigate the alleged breach prior to taking any additional action
Provide the employee with a written warning, clearly defining the information that was compromised and outlining the current consequences for the breach. Be sure to also set out the steps that will be taken if such an event occurs again
Termination of employment; if this is the step that must be taken be sure to document the incident by giving the employee written notice of the breach prior to terminating their employment
Filing both civil and/or criminal charges against the employee

While no employer wants to have to worry about their employees leaking or stealing confidential information, the fact is that it can happen and the effect can be detrimental to a successful business. Therefore, even if the topic is uncomfortable for employers to address, it is imperative that they do so. Once clear expectations have been set between the employer and the employee, as to what is and is not confidential information, both parties can do their jobs with less concern for any legal violations.
If you find yourself in need of assistance with this, or any other legal issue, please contact the law offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.
The post Protecting Your Company’s Confidential Information appeared first on Owen Hodge Lawyers.

Written by James Kelly, Partner, Wills & Probate Lawyer 
Older Australians have a number of options for accommodation when they no longer wish or are able to live in the family home. Those options include downsizing, independent living in a retirement village or, if assessed, residential aged care. 
However, another alternative that many Australian families are considering is seniors living with the family in independent accommodation in what is commonly referred to as a granny flat. While other accommodation options all require documentation, many times people take up the granny flat option without documenting what has been agreed between the family members. This can be at a detriment to the family, as seniors on a pension can create unintended consequences by not entering into legal granny flat agreement.
There are many reasons why arrangements made for accommodation must be documented and the document should be reviewed and amended if and when circumstances change.
For example, you may live in accommodation with your children or vice versa and have “a granny flat agreement in place” but due to a change of location ie the property is sold and another bought, the agreement should be updated to reflect a change of address and any other changes outlined in the original agreement.
The recent Commonwealth budget has also emphasised the importance of a written agreement. Depending on the circumstances these arrangements could lead to a Capital Gains Tax (CGT) liability on the sale of the property.
The recent 2020-21 Federal Budget has clarified that there will be no CGT where the arrangement is created or varied or terminated where there is a formal written agreement in place. The arrangements will apply to older Australians and those with a disability. The government estimates this could be as many as 3.9 million pensioners and 4 million Australians with a disability. 
The CGT exemption will only apply because the relationship is one characterised as being “family relationships or other personal ties”. It does not apply where accommodation is provided for a commercial rent. The legislation for the exemption is yet to pass Parliament and would commence on 1 July 2021.
If you have a granny flat arrangement in place or are considering that option or are caring for a senior family member please talk to one of the lawyers in our Elder Law team for advice. If you have any questions about Granny Flat agreements, or anything else regarding Elder Law, don’t hesitate to contact Owen Hodge Lawyers on 1800 770 780.   
The post Legally Documenting Your Granny Flat Agreement appeared first on Owen Hodge Lawyers.

Has a friend or family member requested you for a loan?
 Most of us are more than happy to help out family or friends during an emergency. However, the informal nature of these arrangements makes payment recovery more difficult and often leads to family rifts. Sadly, when the time comes for repayment, borrowers often forget about their obligations.
 On the other hand, needing a loan does not necessarily make the borrower an unreliable person who is incapable of repaying the money.
 Rather than having an acrimonious row at the dinner table, follow these important ground rules to protect your money and your personal relationships:
 
Do’s and Don’ts of Lending Money to Friends

 Keep the arrangement formal

 Remember to include the amount, the date of repayment, terms of repayment (lump sum payment or instalments), mode of repayment (cheques, bank transfer) and any interest rates to be charged. Both parties should sign the agreement.

Put everything in writing

 A detailed written account of the transaction will lend credibility to your case in the event of non-payment. Keep a record of the transfer (online payment, cheque number and copy etc) and any ongoing communication.

 Review your Will

If one child has borrowed money, it may affect their (or other children’s) share of your estate and assets in the event of your death. A reliable lawyer can help update the terms of your Will and adjust your estate to reflect the transaction. This will help you enjoy better peace of mind and prevent future problems from cropping up.
Why Does It Matter?
Having a proper record of the transaction is very important for several reasons. One or more of the following events may occur after you’ve loaned the money to a child or grandchild:

 The child may get divorced from a spouse or separated from the partner; the spouse/partner may seek a share in the ‘gift’.
The child or grandchild may die, and the widow or widower will receive the inheritance.
If the child goes bankrupt, or the business fails, the bank or creditor has a right to lay claim over the money if it is not recorded as a loan.
Other children may be unhappy with the effect on the Will or the terms of estate distribution.

 
How Lending Money Affects Estate Planning
When there is an outstanding sum of money to be collected, the Will executor is legally obliged to collect the sum, even if the borrower is a family member or a child. In legal terms, this process is called ‘fiduciary care’.
You may want to adjust the loaned amount against the borrower’s share of the estate, or you may want to forgive the loan (legally known as ‘forgiven by Will’). Either way, it’s a good idea to update the terms of your Will and plan your estate according to your preferences.
In the absence of documentation, the amount is considered a gift in the eyes of the law. To avoid problems, discuss the advance or loan with your spouse or partner first and put everything down in writing.
Please feel free to contact Owen Hodge Lawyers on 1800 770 780 for guidance regrading lending money to family or friends. Our experienced legal team can help you document the transaction, update your Will and plan your estate.
The post What should I do if I’m lending a significant amount of money to a friend? appeared first on Owen Hodge Lawyers.

While not all employment contracts will contain non-compete or confidentiality clauses, those businesses that deal with intellectual property and other sensitive proprietary information may include these clauses in their employment contracts. These clauses are legal if they are crafted properly and protect a legitimate business interest. However, a non-compete clause or confidentiality requirement cannot be overly burdensome on the employee. If it is found to be overly restrictive the Courts will most likely find it is invalid.
What constitutes a properly crafted non-compete clause? Before a business attempts to insert a non-compete clause in their employment contract, it is important to understand the legal parameters of attempting to limit the employment of a departing employee. If the clause is too broad or overly restrictive, the clause can be found to be invalid as being overly-restrictive. The following factors must be properly incorporated for a non-compete clause to be valid against an employee.

The clause can apply only to employees who may have access to proprietary or sensitive business information
The clause will not extend beyond a reasonable time
An employee’s ability to make a living will not be overly burdened
The type of information an employee can be restricted from divulging will apply only to the period within which they are actually employed, or for a reasonable period following leaving their employ
It is imperative that the clause protect a legitimate business interest

How does a non-compete clause protect a business owner? As a business owner, you may have worked hard to develop a unique business niche that you need and want to protect. Therefore, it is permissible for a business owner to make a reasonable attempt to protect their intellectual and physical business property. There are several ways in which a non-compete clause can protect a business owner. Some of these include;

Protecting sensitive information

Business strategies
Financial information
Data
Marketing research
Formulas/Recipes
Employee training materials

Protecting against employee solicitation
Restricting the hiring of a current employee by a departed employee
Restricting an exiting employee from started a competing business within a defined geographical area
Preventing an employee from securing a job in the same industry within a reasonable distance from the previous employer

It is highly recommended that prior to inserting a non-compete clause an employer carefully define the areas of their business they need to protect. In addition, it is wise to review several formats and options for drafting a non-compete clause and, finally, it is highly recommended the clause reviewed by a solicitor. If an employer feels the need to include a non-compete clause in their employment contracts, they can include the following types of clauses to protect and define the following;

Confidential Information

Identify the types of confidential information that is protected
Identify the types of information that is not considered confidential
Explain the employee’s obligations with regard to protecting the proprietary information
Describe, if any, the type(s) of confidential information that can be disclosed
Discuss the types of circumstances that might create a conflict of interest
Include information pertaining to who holds ownership of concepts developed during the period of employment

Remedies

Define how the parties will settle their differences should a conflict arise i.e. the right to sue, mandatory mediation etc.
Clarify the types of remedies that will be available to the injured party and their limitations

Notice

Set guidelines and steps for the parties to give notice of a breach of the non-compete clause and responses thereto

Incorporation

If the non-compete clause is separate from the employment contract, the language of incorporation may be necessary

Lastly, it is important to draft and implement a non-compete clause or confidentiality clause that is enforceable. In order for the clause to be enforceable, it must meet all of the legal requirements without overstepping its bounds. It is absolutely necessary your non-compete clause does not;

Encompass to great of a geographic area – the Court will frown upon forcing an employee to travel too far to engage in their chosen profession
Does not overly restrict the activities of a departing employee – the employee must still be free to engage in activities that allow them to make a living
Is not extended beyond a reasonable time – for example; 6 months
Will not significantly interfere with an exiting employee’s right to make a living – a company is not permitted to restrict an employee to the extent that they cannot make a living

If a non-compete clause creates an undue hardship to the departing employee, the employee will have the right to sue the employer for the unreasonable limitation on their right to earn a living. Being embroiled in this type of lengthy litigation process can only harm both the x-employee and the business owner. Hence, it is highly recommended that if you anticipate using a non-compete clause, or confidentiality agreement, it be properly drafted and reviewed by a solicitor who specializes in this area of business and contract law.
If you find yourself in need of assistance with this, or any other legal issue, please contact the law offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.
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