Being injured at work isn’t something that tends to happen often. But when it does, it is important that you take some very basic steps to protect your health and your income.
Workers’ compensation injuries and remedies are governed by the New South Wales Workers’ Compensation Act 1987. The administration of the workers’ compensation is the responsibility of the State Insurance Regulatory Authority, or SIRA. It is through the SIRA administrative system that you will file your claim and receive your benefits.
The time frame you must remember is that if you are injured at work you are required to file your claim for the work related injury within six (6) months of its occurrence. If you do not file within six months of the date of the injury, you can still file the claim for up to three (3) years after your injury occurred, but you will be required to show reasonable cause as to why the injury was not reported within 6 months of its inception. For example, if you are unaware of the injury you can still file a claim once you become aware of the connection between the injury and your work.
Before any claim for benefits can be made you must;

Give notice to your employer of the injury, including evidence of the following

Date of injury
Type of injury
Body part injured
Medical attention received

Seek medical attention from your physician
Obtain medical evidence of your injury and any restrictions you are under with regard to continuing to work in your usual capacity
Provide your employer with a copy of the medical evidence from your physician

Your employer will then be responsible for the following;

Providing you with a standardized claim form to report your injury (however you must complete the form in in its entirety and return it to your employer, promptly)
Accommodating any restrictions recommended by your physician
Alerting their insurance company to your claim

At this point you will encounter a waiting period while the employer’s insurer reviews the claim and informs your employer as to whether or not they will be accepting your claim as a legitimate work related injury. If your claim is accepted, you will then be entitled to compensation benefits. If your claim is not accepted the insurance company may want to speak with you and being their own investigation into the validity of the injury. At this point it is always best to seek legal guidance and/or representation.
The types of recovery you are entitled to as an injured worker can include the following;

Lost wages
Medical expenses – including treatment such as physical therapy
Lost superannuation
Accommodations that will allow you to keep working
Return to work assistance

Finally, there will come a point in time when you will either return to work in your full capacity, or you will be determined to have reached Maximum Medical Improvement and/or there will be a finding of Permanent Disability. If you return to work in your full capacity, you will begin receiving your wages as you did prior to the accident. If you reach maximum medical improvement with some type of lesser physical ability, you may be entitled to a settlement. And, if you are permanently disabled, the calculation of a settlement will depend upon the level of permanent disability you are experiencing. As these steps can be quite complicated, it is best to enlist the assistance of a solicitor who specializes in this area of law to help protect your interests as an injured worker.
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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Many Australians find the idea of becoming a sole trader or an independent contractor appealing. You can enjoy better control over your time, be your own boss and determine the direction of your business.
 However, being a sole trader or contractor means you are also at risk of injury, ill-health or accidents just like employees. Are you eligible for workers compensation? What are the options available to protect yourself in case of illness or injury?
 What Is Workers Compensation?
 Employers have to take out workers compensation to cover their employees for lost wages due to injuries or health issues. Workers compensation also helps pay for medical expenses, hospital bills and rehabilitation.
 All businesses in Australia are legally required to have workers compensation insurance for:

Full-time employees
Part-time employees
Casual workers
Contractors and sub-contractors (under certain circumstances)

In some cases, the employee or worker may receive a lump-sum payment for permanent disability.
 Contractors and Sub-Contractors
As a contractor, you will work with clients to provide materials, services or complete a job. Sub-contractors may work for contractors but are different from ’employees’ as they set their hours and wages. The most significant difference between contractors and sub-contractors is that subcontractors report to contractors and not directly to clients.
Many people believe that since a contractor is not an employee, the employer does have not an obligation to invest in workers compensation. However, this is not always the case.
The principal employers and the contractors may be responsible for workers compensation. An injured or sick worker may be able to claim compensation from the contractor or principal employer or both.
A contractor or sub-contractor may need workers compensation if they are considered as working for a client. For example, a bricklayer hired by a builder or painter hired by a decorator can be considered as workers and should be covered by workers compensation. The principal employer and the contractor are both liable to insure the subcontractor and his/her employees.
Are Sole Traders Entitled to Workers Compensation?
Sole traders own their businesses and do not have business partners. As a sole trader, you are not entitled to workers compensation (since you are not an employee). However, there are other solutions to protect yourself from sickness, injury and loss of revenue.
For example, you can invest in income protection insurance that can cover you for loss of income in case of ill-health or injury. Income protection insurance also covers employers for injuries incurred outside of work.
 If you are registered as a working director, for example, then you may be entitled to workers compensation. But if you hire employees, it’s mandatory to take out workers compensation to cover them for injuries, medical expenses and loss of wages. Sole traders may also wish to consider taking out life insurance, trauma insurance or total and permanent disability insurance for added protection against unexpected problems.
If you’ve been injured during work, please contact Owen Hodge Lawyers on 1800 770 780 for expert guidance regarding workers compensation. We will help clarify your legal position as a contractor, subcontractor or sole trader. Our experienced lawyers specialise in helping victims of workplace injury pursue the benefits that they’re entitled to receive. 
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Employment contracts are legal documents that are crucial for employers as well as employees. A strong, watertight employment contract, compliant with current employment legislation, can protect employers from potential lawsuits and keep employees from breaching the terms.
Why are employment contracts important for employers, and what information should you include in them?
 Why Employment Contracts Are Important for Employers
Employment contracts contain details such as remuneration, leave, duties and responsibilities, maternity or paternity leave, sick leave, reasons for termination and so on. They spell out the duties and expectations from the employee and employer and act as a reliable source or reference in the event of a dispute.
Drafting a proper employment contract also ensures the protection of confidential information and important company data. Most importantly, the terms and conditions in a signed legal employment contract are likely to be upheld in court, in case of any problems, as opposed to verbal agreements.
Well-structured employment contracts reduce the likelihood of expensive and stressful lawsuits that can waste your valuable time and financial resources.
What Should Employers Include in Employment Contracts?
We list out important information that every employment contract should cover:
Schedule
The contract should specify the hours of work, the nature of duties, probation period and location of work. It should also include employment type (fixed, contractual, part-time, etc.) and qualifications required for the position.
Salary, Overtime and Leave Pay
Employment contracts should specify gross and net salary, rate for overtime pay, if applicable, and annual or monthly leave pay. Please state transparent overtime pay for weekends and after-hours.
Health and Safety Regulations
According to Australian laws, every employer is responsible for the wellbeing of employees. Please include workplace rules and regulations regarding PPE, safety equipment and precautions.
Termination of Employment and Notice Period
It’s crucial to include reasons for termination and how the employer or employee can terminate employment. We strongly recommend following the regulations included in the National Employment Standards.
Confidentiality, Restraint of Trade and Intellectual Property
The contract must specify legal consequences for poaching clients or interfering with employer-supplier relationships after termination of employment. Employees are expected to respect company confidentiality at all times. The employer should have legal rights to intellectual property created by an employee during the employment period.
Every Australian employer should ensure that a prospective employee signs an employment contract before commencing work. The terms and conditions included in an employment contract will vary depending on the type of employee you are looking to recruit. For example, the employment contract for hiring a foreign, temporary employee may be different from a contract to hire a local worker.
Two Common Mistakes Employers Make in Employment Contracts

Failure to Comply with the Latest Amendments – Employment contracts are often out of context with the latest legislations in the National Standards Act. It’s essential to stay compliant with the latest updates, especially during the volatile aftermath of the COVID outbreak. Failure to stay current may result in penalties and punitive action.
The Employment Contract is Ambiguous – If the contract contains broad and ambiguous terminology, this makes it harder to resolve disputes that may arise. Employers should ensure that the contract is clear and concise, leaving no room for confusion and misunderstanding.

Owen Hodge Lawyers can help you draft well-defined, unambiguous and legally compliant employment contracts. Our trained business or employment lawyer will ensure that all aspects are spelled out, and we will draft and review the agreement as well as offer guidance regarding enforcement of restraints.
Please contact us on 1800-770-780 to discuss how we can help you and your business.
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Making decisions regarding your funeral wishes isn’t something everyone is comfortable doing, or even considers planning. However, taking the initiative to make these plans in advance can be very beneficial, particularly if you have strong preferences regarding burial versus cremation, religious desires and/or cost concerns.
If you are going to prearrange all or part of your funeral needs, here are some things you might want to consider;

Determine if you prefer a burial or cremation
Decide which funeral home service you want to use
Designate funds from your estate to cover the costs
Indicate your religious or spiritual preferences

Once you have made these basic, but very necessary decisions, it will be important for you to appoint someone to carry out your wishes. Legally, the person named as the executor/executrix of your estate will be responsible for following your burial plan. But, if you have a next of kin, such as a spouse, sibling or child, you can also designate that person to be responsible for the planning and implementation of your wishes. Please keep in mind that if there is a dispute between your executor/executrix and a family member, the executor will hold the final decision making power.
Leaving directions for your funeral service can be done in a couple of different ways. First, you can leave the instructions as part of your last Will and Testament. In addition, you can also use this document to name the individual you want to carry out these instructions. If you are going to name a particular person, or use your executor, be sure you have shared your wishes with them in advance. If you are using someone other than your executor/executrix, be sure you inform the executor that it is your wish that the named person has the final say in carrying out the plan. But, keep in mind that if there is a dispute, the law will support the executor as having the final say in the decision making process.
This applies likewise to the types of instructions you leave behind. Whether you leave instructions by letter or by Will, the instructions will not be legally binding on either the executor or the named person in the letter or the Will. Therefore, when choosing the person that you would like to carry out your final wishes, try to choose someone you trust will honor them. In addition, it is wise to keep your instructions simple, doable and legal. In the event that you have requested something that is too difficult or illegal, it is highly unlikely the wish or wishes will be carried out.
There are some things that you may request, but are not legally enforceable. For example, if there is someone you do not want to attend your services, you certainly can make this known. But, there is no legal way in which to enforce such a request. Additionally, while you can leave your real and personal property to a designated beneficiary, you cannot do the same with your body. There is no common law property right in a body. Therefore, if the law must get involved in the situation, it is clear that the executor will have the final say.
For the aboriginal people the question of burial can be slightly more complicated. In this culture returning the body to country is an important part of the ability of the spirit to rest. Oftentimes returning the body to country results in conflict between cultures, particularly if an aboriginal individual was married or lived in mainstream society. In these instances, spouses can want something different than the deceased’s aboriginal family, or vice versa. If you are a family of mixed culture, it is particularly important that these issues be discussed in advance rather than at the time of death. You are more likely to come to a reasonable solution when those you love can listen to you explain what you would like and why, rather than try to make these decisions under the extreme emotion of grief.
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 Who Has the Right to Make Your Funeral Arrangements? appeared first on Owen Hodge Lawyers.

Written by Christine Vrahas, Estate Litigation Solicitor at Owen Hodge Lawyers
Testamentary freedom … Australians have freedom to leave their property by their will as they wish with one exception. The exception is that a person must fulfill any moral duty to make proper and adequate provision for those whom the community would expect such provision to be made before they can leave money as they wish. It is only when a person has not fulfilled any moral duty to make proper and adequate provision for those who the community would expect such provision to be made, can the Court interfere and make adequate provision  for an eligible person’s proper maintenance and advancement.
In the matter of  VELLA -V- VELLA; VELLA V VELLA [2020] NSWSC 849, the deceased left one of her five children, a child with an intellectual disability, the sum of $2,000 and the deceased’s clothing.
The child made a claim for further provision out of her mother’s estate for her maintenance, education or advancement in life. The Judge was satisfied that the provision of $2,000 and the deceased’s clothing was inadequate for the following reasons;

The plaintiff made an effort to maintain contact with her parents,
She had an intellectual disability that means she is incapable of independent living and needs to be accommodated in a care facility for the rest of her life,
She suffers from physical health problems,
Her only source of income is a disability support pension as she is retired and has no capacity to work.  

The Judge found that the deceased did not fulfill her moral duty to make proper and adequate provision for those whom the community would expect (her own disabled child) and made an order that the plaintiff receive a sum in the amount of $150,000 to assist her to provide for herself for the remainder of her life, taking into account her intellectual disability and her need to live in assisted care facilities. 
If you have questions about what to leave your children in your will, or if you believe that your were not provided with adequate provisions in a will, contact Christine Vrahas at Owen Hodge Lawyers on 1800 770 780 or via email at [email protected]
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Most people believe that their property belongs to them and that they do not have to allow anyone else to cross over it. And while this is often true, it isn’t always the case. There are some instances where you might have to consider, and even capitulate, to allowing neighbors or others to cross over a piece of your property.
This situation is controlled by the Conveyancing Act of 1919, commonly known as section 88K. This section of the law allows for a person who needs to cross your land, via an easement, to make an application to the courts to do exactly that. However, before you and a neighbor arrive at such an impasse, it is possible to circumvent the court system by working the situation out amongst yourselves. And, it is advisable that you do so because the Court will look to your willingness to be reasonable under the circumstances as one of the factors in their decision making process.
First the person needing the easement must be able to show the following;

The easement is reasonably necessary for them to use their land or to gain access to their property
The burden on the landowner is limited and, if necessary, any damage resulting from the increased use could be cured via some form of compensation
The parties involved have made a reasonable attempt to come to some agreement over the additional use of the land

Obviously, there can be a lot of interpretation surrounding the word “reasonable” when it comes to defining the requested use of the land.  In the case of the use of the land, reasonable is defined as;

The easement would allow the other party access to their own property which cannot be garnered any other way or prevents an undue burden on accessing the land via another method
The easement would not cause undue damage to the property; meaning that while there might be some additional wear and tear on the easement area, the property itself would not be significantly harmed or devalued by the use
The easement is limited to its particular use and would not give excessive access to the entitled party
The restrictions of use ie: day/time etc still promote the proper use of the passing over the land
The use proposed is consistent with public/personal needs

The actions of the parties, prior to filing an application for an easement, will also be a significant factor the Court will consider. When the Court looks to the actions of the parties, then reasonableness is defined as the following;

Did the person requesting access give notice to the landowner of the need?
Did the person requesting access give the landowner and fair and accurate description of the type of easement needed?
Did the owner have an opportunity to review the proposed easement and seek advice or assistance in making their decision?
Did the parties negotiate in good faith and still were unable to come to an agreeable compromise?

In the event that the Court Orders the easement, the Court also must clarify the following;

A description of the easement to include

The physical parameters of the easement
The actual use granted
The restrictions on the use granted

Calculate the compensation to be awarded, if any, to the property owner over which the easement has been granted. It is important to note that this calculation will only take into account the burden on the landowner, not the benefit of the holder of the easement ie: loss of privacy, additional wear and tear to the land
To determine that no compensation is required due to special circumstances

If you find yourself in need of an easement over someone else’s property, for the use and enjoyment of your own, it is always best to make a good faith effort to work it out with your neighbor. Once you do so, it is easy to codify your agreement in a writing so that everyone is aware of the nature of the terms and their enforcement is easy and reliable. Such compromise will go a long way in ensuring a good relationship with your neighbor(s) and enhance everyone’s enjoyment of their property.
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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Very often, the best way to sort out a dispute or resolve a conflict is to talk to the other person or party, as the case may be. More than 95% of civil claims are settled through informal negotiation rather than litigation.
Disputes may arise in different areas of our lives, including marital issues, business deals, corporate problems, breach of contracts, or dissolution of business partnerships, among many more examples.
Why Should You First Consider Non-Legal Dispute Negotiation?
Learning how to negotiate and settle disputes out of court is less expensive, stressful, and time-consuming than going to court. Non-legal dispute resolution can also help you focus on contentious issues, and review creative, flexible solutions to the problem.
You can preserve relationships and privacy as court proceedings tend to be considered a matter of public record. However, it’s also essential that you negotiate a fair deal that protects your best interests.
Competent negotiation skills and strategies can help both parties reach a mutually acceptable solution without lengthy and expensive court proceedings. Even if there is an impending lawsuit, parties usually prefer to negotiate to see if things can be worked out.
Our experienced legal team describes effective negotiation strategies that can help you gain the upper hand at the negotiating table.
5 Top Strategies That Can Help You Win Negotiations

Active Listening Skills

Negotiations often turn sour for various reasons. Listening carefully and quietly can alert you to spaces in the conversation where you can introduce new variables into the negotiation. These innovative tactics may pave the way for smoother communication and encourage the other party to become more open to your ideas.

Learn to Identify Avoidance Tactics

During negotiations, you may have to deal with undercurrents of mistrust and suspicion and learn to handle negative vibes. Sometimes, a party may reach an impasse on purpose to stall the negotiation process. At other times, the impasse may be due to a genuine obstacle that needs to be resolved in order to move on.

Stay Calm Even When the Negotiation Becomes Intense

It’s best to schedule a relaxed time for negotiation when the parties involved are not upset or volatile. Remember to be mindful of your words, tone and body language and observe the other party’s body language and non-verbal cues as well. As far as possible, keep the discussion courteous, calm, and free of emotion.

Finalise Your Goals Right at the Start

We suggest starting the negotiation by describing the final goals of the process. In the absence of shared objectives, the negotiation is likely to continue aimlessly, making it difficult to reach an agreement.

Consider Overarching Values

Many times, reaching an agreement on smaller issues can help reinforce trust and optimism that can pave the way for consensus on the main issues. 
Above all, avoid aggression and threats and focus on resolving the issues at hand.
Consult Our Legal Team for Assistance
Negotiations are not lawsuits, but an experienced lawyer can help you understand your position better. We, at Owen Hodge Lawyers, are happy to advocate for your rights and protect your best interests during the negotiation process.
For more information regarding our premium range of legal services, please call us at 1700 770 780.
 
 
 
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An employment contract outlines the rights and responsibilities of employers and employees involved in the employment relationship. What should you do to protect yourself from potential litigation?
Verbal versus Written Employment Contracts
As an employer, you need to be aware of your rights and responsibilities towards your employees. Although contracts can be in written or verbal form, verbal agreements may be difficult to prove when things go wrong. 
We recommend that you always have written contracts in place so that disputes can be settled under the terms, conditions and clauses specified in the contract. Generally speaking, it’s the employer who creates the employment contract before the employee commences employment.
What Information Should You Include in the Employment Contract?
Although employment contracts differ across organisations and roles, they should contain the following important information:

Date of commencement and duration of employment (the contract may need to be renewed at the end of the period.
Hours of work, duties and responsibilities of the employee
Remuneration, perks, bonuses 
Maternity and paternity leave, annual leave
Company policies regarding dismissal, suspension and indiscipline 
Termination notice period and post-employment restraints 
Job redundancy, intellectual property rights and probation period 
Disclosure of confidential information

Employment agreements may contain many more provisions, but these are some of the essential inclusions.
Responsibilities of Employers 
Employers have specific responsibilities towards their employees which include providing a safe and healthy working environment, paying fair and equitable remuneration for all job roles, informing employees about their rights and duties and prioritising employee wellbeing at all times.
They must also train and mentor employees, invest in proper PPE and safety equipment and keep themselves adequately insured in case of accidents or mishaps in the workplace. 
However, despite the best efforts, workplace disputes can and do occur, and it’s best to keep yourself informed of your rights as an employer.
Why Is It Important to Have Watertight Employment Contracts in Place?
According to the Fair Work Ombudsman, Australian employers have the right to dismiss employees for breach of contract, lack of performance or other disciplinary issues. Having a well-structured employee contract can protect you against potential damages and stop the employee from violating the terms of the agreement.
As an employer, you are entitled to create and implement workplace policies, and you also have the right to be notified of resignation or impending leave notice. Employers can also include specific confidentiality and non-disclosure clauses in the contract. 
In the absence of a proper employment agreement, employers should still consider seeking counsel as they may have other grounds for claims. These could include theft of trade secrets, intentional breach of contract, breach of confidentiality, or defamation issues among others. 
You may wish to consult with qualified attorneys as there is a lot to consider before drafting an employment agreement. If structured incorrectly, the agreement will not be enforceable in a court of law and you may be vulnerable to litigation. 
We at Owen Hodge Lawyers do everything we can to help our clients make better-informed decisions while complying with legal issues at the same time. Please feel free to call us on 1800 770 780 for information regarding your rights, duties and legal responsibilities as an employer in Australia. 
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Many families in Australia have pets that are considered part of their family. The love and care that these families invest in their pets every day, is as important as the care they have for one another. As such, in the event that the pet owner(s) is no longer living and able to care for their pet, it is imperative that these families make provisions for the ongoing care and protection of their animals.
According to the law society of NSW, there are four main options for the future care of your pet:

a legacy to a friend or relative with a non-binding request they look after your pet;
a legacy program with an animal charity such as the RSPCA. This involves leaving a gift of money to the charity in exchange for the charity looking after your pet;
a trust for the care and maintenance of your pet;
euthanasia.

Each of these options, as presented by the law society, are valid plans for the ongoing care of family pets. It is important to look at each option, and the benefits and pitfalls of each, before making a final determination as to how your pet will be cared for.
Leaving your Pet to your friend
This is one of the simplest and most readily available options for many people. Oftentimes, there is a close family friend or family member who already has a warm and loving relationship with the pet in need. As such, this enables the pet to adjust more quickly and with greater ease to the loss of their owner. If this option appeals to you, then it is imperative that you have an honest discussion with the person you would like to gift your pet to in your will. Be sure to discuss the ongoing daily care needs of your pet, their food preferences, their veterinarian information, and their particular likes and dislikes of places and activities. 
It is also considerate to leave the caregiver a sufficient monetary stipend to care for the pet for the balance of its lifetime. The only negative aspect of this choice is that it is impossible for this type of clause to be made binding on the intended receiver. Therefore, it is a good idea to also nominate an alternate care giver in the event that your first choice is unable or unwilling to accept responsibility for the pet at the time that ownership needs to be transferred.  
A Pet Legacy Program;
In NSW the RSPCA operates a pet legacy program that is an option to all citizens for the care of their pets. Any pet owner can make a donation to the organization and request the pet be placed in a facility for care by the RSPCA or given a new home within the community.  This option can be used if a person is ill and can no longer care for their pet or upon the death of the pet owner. This is a safe and reliable way in which pet owners can be assured that their pets will be cared for during a time of grave illness or death of the owner. However, it is necessary that the organization be contacted and their particular requirements be met prior to the death of the owner, or via the owner’s will. The positive aspect of using this option is that your request will not be denied and you will have the opportunity to meet with those who will be making the arrangements for your pet’s care subsequent to your death. 
A Trust
A trust for a pet is becoming a popular way for pet owners to proceed. However, there are a few issues with regard to the enforcement of a trust for a pet. First, a pet is not able to make an application to the court for distribution of the trust’s assets for their ongoing care and well-being. As such, a trustee must be named to request the funds to care for the pet. It is imperative that a trustee be named who is willing and dedicated to properly distributing the trust. If the named trustee is willing to be responsible for the obligations created by the trust for the animal, then the court will recognize the trust.
Second, a guardian must also be selected to take over the daily care of the pet. It is important that the trust contain sufficient monetary assets to allow for the guardian to properly care for the pet for the duration of its life.
Euthanasia
This option is also available to pet owners for their consideration. Some pet owners would prefer their pets not be left behind to experience the grief of losing their owner or their entire family. For some pet owners the idea of putting their pet through this type of emotional turmoil seems unfair at best and cruel at worst. However, this option can bring into question the issue of unnecessarily physically harming the animal. And while the issue has not yet been tested within the courts, it is best to consult with a legal professional when considering this option. 
Regardless of which option feels right for you and your family, it is important to do the following in all cases:

Have an open and honest discussion with any persons that you plan to leave in charge of the ongoing care of your animal regarding their willingness and dedication to carrying out these very significant responsibilities
Be sure that you leave assets for the ongoing care of your pet that will be sufficient to keep your pet well cared for during the duration of their life
 Leave detailed information and instructions for the ongoing care of your pet for those who will be taking responsibility for the day to day care of your animal.
Review the option of your choice with a legal professional to ascertain if your plan is both legal and advisable.

For further information or inquiries, 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. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.
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If you have experienced a psychological injury at work, you can claim for compensation with a workers compensation lawyer. However, you must be able to show that either, a) you experienced a psychologically related trauma at work, or b) you are experiencing a form of mental incapacity as a result of a physical injury that occurred at work.
But showing you are experiencing a mental injury can be quite subjective, therefore, you will need medical evidence and possibly the testimony of a psychologist or family member. They can attest to the changes you are claiming in your mental health.
As with any medically oriented claim, before you can prove it you must understand the types of claims that qualify as being compensable. Therefore, it is important to understand what can cause a work related mental stress claim and what a mental disability might look like. If you think you (or someone you know) has experienced a psychological injury at work, please don’t hesitate to get in contact with one of our personal injury lawyers.

Overview:

What can cause a psychological injury?
What forms can psychological injury take?
How do you prove a psychological injury?
How to claim for a psychological injury at work
Compensation for a work related psychological injury
Psychological injuries & physical injuries

What can cause a psychological injury at work?
A psychological injury at work can arise from a single traumatic incident, such as witnessing an accident or death of a coworker. It can also arise out of various forms of abuse in the workplace. The abuse can take several forms including:

Being overworked
Denial of personal or vacation time off
Sexual harassment
Bullying
Dealing with difficult personalities
Poor physical working conditions
Harassment
Threatened job security

What forms can psychological injury take?
When determining if you have suffered a psychological injury at work, a physician or psychologist/psychiatrist may look for the following symptoms;

Anxiety
Depression
Insomnia
Irrational Fear
Post-Traumatic Stress Disorder
Psychiatric diagnoses

If your symptoms are identifiable and relatable to a single incident at work, or a series of behaviours imparted upon you by your co-workers or superiors, it is possible for a doctor to find that you are experiencing a stress related work injury.
How do you prove that you suffered a psychological injury at work?
Much like a physical injury, in order to prove a mental health work related injury, you will need to show that you have had an experience(s) at work that has contributed to, or caused, a decline in your mental health.

Hence, you will need to show that you were functioning in a mentally healthy capacity until you were exposed to the work related circumstances. If you are able to do this, you will be able to support a work related claim for mental injury.
How do you make a claim for a psychological injury at work?
As with a physical injury or repetitive stress injury, you will need to do the following;

Give notice to your employer that you believe you are experiencing a work related mental injury.
Complete any paperwork to start the process of making a claim. Your employer should supply you with these forms at the time you give notice.
Be prepared to give adequate details of both the incident(s) that caused the injury and the symptoms you are experiencing.
Answer all of the questions thoroughly and to the best of your ability.
Seek medical attention from your own private physician.
Provide your employer with the medical evidence you claim supports your case.

An employer must follow up on your claim by doing the following;

Provide you with the necessary forms to fill out to substantiate your claim.
Contact their insurance carrier and inform them that a claim for a mental health injury is being made.
Provide the necessary information to the insurance carrier, i.e. employee and basis for claim.
Confirm with you that the process has been put into motion to review your claim.

Compensation for a work related psychological injury
Recovery for a work related mental health injury will vary depending upon the severity of your injury.
For example, a minor case of anxiety might not yield as much as a severe incident that caused significant post-traumatic stress. Until you have presented evidence of the original source of the injury, received treatment, and had your condition regularly treated and updated, it would be impossible to give the specific amount of damages you might be entitled to.

Can I seek compensation for a psychological injury that arises out of the pain, discomfort & disability of a physical injury?
The short answer: yes. You can seek compensation for a psychological or mental illness that results from a physical work related injury.
This type of psychological injury is known as a ‘secondary injury’, and is quite common. When people become physically injured or debilitated, the pain and loss they suffer can cause depression, anxiety and a sense of hopelessness or worthlessness. People can often feel like they will never return to work or to their old, healthy selves. Being under this kind of pressure and pain can significantly affect one’s mental health – for which an injured person can be compensated.
Therefore, it is very important that if you are experiencing any secondary mental health symptoms, due to a work-related physical injury, that you inform your doctor, employment lawyer and employer immediately. By doing so, you will ensure that your common law claim is expanded to include your mental health issues or psychological illnesses.
Owen Hodge Lawyers are here for you
If you think you have suffered a psychological injury at work, please contact the law offices of Owen Hodge Lawyers. Our experienced lawyers can offer you legal advice about psychological injury compensation, workers compensation claims and more. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.
People also read:

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For many buying a business is a lifelong dream. And while this can be an incredibly exciting time, it is also a time that requires careful planning and the need to cultivate a complete understanding of the legal requirements of a successful purchase. When purchasing any business you must proceed through four (4) very important steps. These steps include;

 contract review;
contract amendments and negotiation;
lease documentation review; and
contract exchange and settlement

If these four steps are not properly navigated the purchase of your dream business could easily fall through, leaving you disappointed. Hence, for all of these stages we highly recommend you engage the services of a solicitor who specialized in the purchase of businesses.
Contract Review:
Once you have completed the process of negotiating the terms of the purchase of the business, it will be time to put those terms into contract form. This stage is critical because oftentimes this is where small misunderstandings and miscommunications reveal themselves. In addition, this is the stage where any forgotten detail can still be reviewed and included. It is imperative you complete the following steps:
Read the contract carefully; make sure the key items are consistent with the terms agreed upon ie: sale price, date of finalized sale, inventory and equipment included in the sale
Review waivers, time frames and liability issues; read the terms pertaining to these legalities and suggest changes and/or adjustments to the language defining each parties’ legal responsibilities.
 
Contract Amendments and Negotiations:
After having carefully read the contract, it is time to review those areas that need to be discussed and possibly negotiated. This is your opportunity to clarify and change any details that may have been overlooked during the larger negotiation process. These specifics can include;

Changing waiver language
Adjusting time frames to meet realistic expectations
Reviewing specifics regarding liability issues
Detailing inventory and equipment exchanges
Defining responsibilities of both the buyer and the seller

 
Lease Documentation Review:
 At this stage you will need to determine if you will be taking over the current lease or entering into a new lease. Either instance will require that you review the lease document you will be signing. It is important to review all of the lease details including;

All costs associated with the lease
Correct description of the space you will be leasing
Time frame of the lease
Obligations for maintenance of the property during the course of the lease
Subleasing restrictions

 
Contract Exchange and Settlement:
In this final step you and the seller will be exchanging and signing the agreed upon contract. After having carefully negotiated and memorialized your agreement, it is time to sign your contract. You will do this in the presence of your solicitor to allow you to review the final document and ask any last minute questions before signing. Once you have signed the contract will be forwarded to the other party for the same final review process. After all signatures have been affixed the sale is final and the last step of implementing the contract can begin.
The settlement will then proceed over the next few weeks. During the settlement process you will be instructed to;

Prepare you financing for the outstanding monies due and owing
Await the vendor transfer of assets and inventory to your business name
Receive vendor prepared requisitions to answer any outstanding questions about the business
Make necessary adjustments to address employee issues such as new offers of employment or final paychecks
Receipt of any promised clients lists or vendor information for supplies and services

While this may seem like a daunting process, it does not have to be. If you begin the process with a full understanding of the steps that must be completed for a successful purchase, and surround yourself with those who have an expertise in the area of the sale and purchase of a business, you will find that the process can go very smoothly.
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 The Four Legal Stages of Successfully Buying a Business  appeared first on Owen Hodge Lawyers.

During times of good health individuals and couples often put off the idea of drafting and creating a valid Will. However, as of late, and due to considerable health concerns, many people are feeling the pressure to have a valid Will in their possession. But, due to the recent social restrictions, validating a Will must be undertaken with great care and planning.
First let’s look at the components and requirements for drafting a valid enforceable Will. A valid Will requires each of the following elements;

Over the age of 18
The Will must be in writing
The Will must be signed by the testator
The Will must be witnessed by two signatures present at the time of the signing of the Will
You must have the capacity to fully understand the bequeaths of your Will

The process of drafting a Will can still be completed without too much difficulty.  You will still need to take full stock of your estate, both personal property and real property. The information you gather can be provided to your solicitor via telephone or electronically. Once these steps are completed the Will can be drafted for you by your attorney and discussed with you via remote means, such as video conferencing or by telephone.
However, the problem with completing the process of creating a Will comes into play when the parties need to meet the most important component of a valid Will; the signatures and witnessing of the document. The testator must sign the Will in the presence of two witnesses. This is where the challenges may lie with regard to the recent COVID-19 restrictions. To bring three people together during this very uncertain time will take some careful planning and health considerations will need to be taken seriously.
First, you will need to find two people that it is safe to come into contact with. If you are still going to your workplace, you could consider using two colleagues. If you know you will be at an allowed social function, you could ask two friends who will be present to witness your document. Or, if you are going to a medical appointment you may feel comfortable asking two people in the office to assist you.
While it is not recommended that you ask someone who is a direct beneficiary, there may be other possible options within your household or family. For instance, if you have a family member who lives with you but who is not a beneficiary, you could ask them to witness the Will along with another person such as a neighbor. If you are having friends or family members over for a permissible event, you might want to take the opportunity to ask them to witness your Will.
If these are not viable options, you might consider asking your solicitor if you can come by their office and sign you Will in a large common area where the witnesses and yourself can see one another but remain at a safe distance from one another. Another possibility is to meet with your solicitor and two other persons in an outside pre-arranged meeting area where the Will can be set down on a table and each person can bring their own writing instrument and take turns approaching the table to sign the Will.
In the instance that you are a high risk individual, meeting with people in any capacity might not be possible. Under these circumstances we do not recommend that you guess at an acceptable method for witnessing your Will, or attempt to complete the signing in any electronic format. The Courts have not yet made any official determination as to what alterations to the signing of a Will might be legally acceptable under the current COVID-19 circumstances. Instead, it would be best to contact your solicitor’s office and explain your circumstances and ask for their expert opinion with regard to validating your will via the required signatures, and still remaining safe.
Estate planning and the execution of a valid Will is a process that must be done correctly, even under the current restrictions. Therefore, it is highly recommended that you contact a legal professional for the most up to date information as to how to properly create a valid will during the COVID-19 pandemic.
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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Are you facing problems related to parenting or court orders during the COVID-19 pandemic?
 As Australia’s laws continue to change and evolve, many separated parents face growing confusion, particularly regarding parenting orders and the transition of children across households. Quarantine, travel restrictions, and school opening/closing may have an impact on your child.
 What should you do if you are unable to comply with parenting arrangements?
How Is the COVID-19 Pandemic Affecting Parenting Issues?
Australian parents need to be aware of three important issues:

Everybody must follow laws and health guidelines.
Parents must follow court orders unless there is a legitimate excuse that prevents you from following them.
The government encourages separated parents to work with each other to act in a manner that is in the child’s best interests. Parents may also wish to engage the services of a third party (like a family dispute resolution practitioner) in order to find a practical solution.

We encourage parents to regularly keep up with the news and updates provided by the government on TV and the Internet. It may also be advisable to carry a copy of the Family Court Orders with them while transitioning children across homes.
Parenting Arrangements During COVID
At times, it may be challenging to comply with existing court orders due to logistics or other difficulties (such as loss of income). If either parent wishes to amend the current orders, they must put it in writing. The government of Australia strongly urges parents to prioritise the health and well-being of their children.
For example, if parents feel that their children are displaying flu-like symptoms, they may be under the impression that the child has contracted the Coronavirus. If you observe that your child is coughing, sneezing or running a fever, please get them checked by your GP first. It does not necessarily follow that your child has the Coronavirus; the symptoms could indicate a normal flu.
During this time of crisis, the Courts have assured the Australian community of their full support.
In What Ways Has the COVID-19 Impacted Parenting Orders?
The Family Court of Australia is well aware that there could be situations where compliance may be difficult if not impossible. Accordingly, the Chief Justice of Family Courts has reiterated that:

Existing Parenting Orders must be followed and any alternate arrangements must be mutually acceptable
All arrangements must be in the best interests of the child
In case, Parenting Orders have to be altered under the circumstances, the other parent should ensure that they remain in contact with the child through video conferencing, calls or social media
Parents must ensure that children follow all social distancing rules and are kept as safe as possible

In case parenting arrangements become confusing or cannot be met, respect the spirit of the parenting orders and give the other party adequate time to plan and adjust.
If the COVID-19 has impacted your parenting arrangements and you need help, please do not hesitate to call Owen Hodge Lawyers on 1800 770 780 for specialist advice. We are happy to guide our esteemed clients by phone or video conferencing as well.
 
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While the Australian government has put into place changes to the debt collection process until September 2020, that does not mean that creditors cannot collect from debtors during this time period. The majority of these measure was put into place to protect debtors from being forced into bankruptcy; not for the purpose of eradicating payment of their debts in their entirety.
If you have outstanding debts from a business loan or the delivery of product, you can still collect on those debts. Small businesses who depend upon the collection of outstanding debts to survive do not have to completely forgo collections. The Court system remains open as a viable option. A claim for outstanding debt can still be filed in these three courts;

The Small Claims Division of the Local Courts; the monetary ceiling for hearing cases in this court is $20,000.00
The General Division of the Local Court; the monetary ceiling for hearing cases in this court is $100,000.00
The District court for claims under $750,000.00
Supreme Court of New South Wales for claims that exceed $750,000.00

Each of these courts still allows for claims to be filed and the process to play out.
However, there are additional alternatives that are less costly and possibly equally, or more, effective. The first step in attempting to collect outstanding debt during this difficult time would be to personally contact the debtor. A great deal of time and money can be saved by both parties via a conversation. Once you have agreed to speak with one another remain open to the idea of informal negotiations and take into consideration the following;

The current financial situation of the debtor
The possibility of collecting a smaller portion of the debt for a short period of time
Incrementally increasing the percentage of collection on the debt as the economy begins to open up again
Restructuring the debt by means of an alternative contract
Extending credit for a limited period of additional time
Considering interest only payments for a defined period of time

If you and the creditor find that any of these ideas are viable, you can proceed to make a new arrangement, in writing, that everyone can abide by for the time being.
However, if you cannot come to an agreement on your own, the parties might want to consider using a neutral third party mediator to help find a solution. By bringing your ideas to a mediator, and being open to the solutions a third party might impart, it is still possible to come to an agreeable compromise that will allow the debt to be collected and the creditor’s business to continue to operate.
In order for any of these possible options to yield a positive result it is important that both parties are willing to take the following actions;

Provide accurate and up to date information about the true financial state of the business or businesses.
Be willing to understand the financial predicament(s) of the other party
Consider options that might be a bit less conventional
Listen to the concerns of both parties
Remain open to the ideas of a neutral third party
Keep all of your communications professional, respectful and clear

If both parties are willing to take the steps outlined above, it is highly likely they will be able to come to a workable compromise that will allow both businesses to remain operative and viable. In doing so, both parties will benefit from the ability to remain in business, serve their customers and provide employment for their employees.
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 part of the ongoing efforts to promote employee wellbeing and healthy business practices, the Australian government has announced the JobKeeper Payments Scheme, which is expected to keep at least 6 million Australian workers in paid employment.
 What is the JobKeeper Payment Scheme?
 According to the JobKeeper Scheme, employers should pay each eligible employee $1500 every fortnight before tax. The JobKeeper Payment Scheme has been allocated a total budget of 130 billion dollars and is available for business owners and self-employed individuals who have been affected by the COVID-19 outbreak.
 The primary aim of the JobKeeper Scheme has been to help employers sustain an ongoing relationship with their employees so that they can resuscitate their business without being forced to hire new employees.
 Who Is Eligible for the JobKeeper Payment Scheme?
 Your business needs to meet the following criteria to be eligible for the JobKeeper Payment Scheme:

The total turnover should be less than 1 billion dollars and the revenues should be reduced by at least 30 percent during the COVID-19 period.
If your business’s total turnover is more than one billion dollars, the revenues should have decreased by 50 percent or more
Your business should not be subject to Major Bank Levy.

Why Is It Important to Preserve All Records?
Keeping in mind the problematic effects of COVID-19, the ATO (Australian Tax Office) has promised an understanding approach while reviewing JobKeeper turnover projections. However, the ATO has also suggested that business owners be vigilant about preserving all documentation on a day-to-day basis.
If the ATO determines that you do not meet the JobKeeper’s Payment Scheme requirements, you may be liable to return all the payments and pay interest and any fines that may be levied.
To survive an ATO audit and demonstrate compliance, business owners need to provide all documentation to corroborate the information in their applications for JobKeeper payments.  Business records are particularly crucial for proving a reduction in revenues. Your documents need to demonstrate how you calculated GST for the turnover test period.
What Evidence Can You Present to Demonstrate That Your Business Lost Revenues?
 The ATO needs to be satisfied that your documentation is reliable and compliant with their eligibility criteria. You need to provide documentation that:

Customers were cancelling or deferring orders since March 1, 2020
The business was forced to pause or shut down due to COVID-19 related restrictions 
Your business is reliant on tourism (for example, hotels, resorts, etc.)
There were delays in being able to procure raw material or trading stocks

Also, please keep in mind that although the JobKeeper Payment Scheme is slated to run until September 2020, the ATO audits and reviews will continue for a considerable period of time.
 Competent Legal Assistance Can Make It Easier for You
 If you need assistance with filing your application for the JobKeeper Payment Scheme, our experienced legal team at Owen Hodge Lawyers is more than happy to help you. Please call us on 1800-770-780 for more information regarding our extensive range of legal services.
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When a company owes you money, you are considered a creditor. And as a creditor, you are entitled to get your money back. If you have reached this point, then it is highly likely that the company you are dealing with is insolvent. And if the company is insolvent, it will be more difficult to get your money back. However, there are steps you can take in an effort to get your money back from a debtor company.
To learn more about winding up a company that owes you money, read on. You can also talk to one of our experienced commercial lawyers.
Overview:

Demand for payment
Statements of claim
Apply to the court
Liquidation process

3 Ways of Winding Up a Company That Owes You Money
1. Demand for Payment

While it is not legally required that a creditor send the insolvent company a letter of demand, it is recommended that you do so. The letter of demand should include a short statement of the outstanding debt and a request that the monies be returned within a specific time frame. This will place the debtor company on notice and give them an opportunity to return the funds to you.
2. Statements of Claim

If you need to apply to the court for assistance, you will need to file a statement of claim. A statement of claim will allow the court to order one of the following:

Examination Summons: The company will be required to appear before the Court and explain the manner in which the debt will be paid in full.
The Sheriff of the Court can be instructed to seize and sell property to make the creditor whole.
A Charging Order can be issued to give the creditor an approximate value in the company’s holdings.

3. Apply to the Court
If the company is unable to pay the debt or set aside the findings of the Court, you can then use these failures against the company and proceed with the winding up of the company. An application for winding up a company that owes you money must include the following:

Application
Draft Order
Affidavit in support of your application

After you make an application with the Court, you must do the following:

The application must then be properly served on the company which you are attempting to wind up
The application must be filed with the ASIC
You must publish notice of the application

There are strict timelines that you must adhere to when attempting to wind up a company that owes you money. Therefore, it is highly recommended you enlist the services of a solicitor that specialises in the processes of dissolving a company.
The debtor can now choose to voluntarily liquidate and make payments to the creditors or they can choose to defend against the claim. If they choose to defend against the outstanding debt, a hearing will be scheduled by the Court.

If the Court determines that your application has merit and finds against the company that owes you money, the Court will appoint a liquidator to begin the process of liquidating the debtor company’s assets to pay the outstanding debt owing.
Liquidation Process
The appointed liquidator will then begin their investigation into the debts and assets of the winding up company. Once a thorough investigation has been completed and a full accounting of the company is available to the liquidator, distribution of the assets to the creditors can begin. The petitioning creditor will get paid first. The balance of the monies available will be distributed as follows:

Liquidators fees
Secured Creditors
Employee’s owed wages or superannuation
Outstanding employee benefit payouts
Unsecured creditors

Seek Help From Experienced Insolvency Lawyers
While the process can be time consuming, if you are a creditor who is owed money from a company, you are entitled to apply to the court to be made whole.
However, if you are going to pursue winding up a company that owes you money, it is highly recommended you see the professional advice of an insolvency lawyer.
If you find yourself in need of assistance with debt recovery 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 post Winding Up A Company That Owes You Money appeared first on Owen Hodge Lawyers.

When businesses close, the assets are disposed of, the business is liquidated, and the name is officially removed from the register. As part of the closing process, all the outstanding liabilities have to be cleared before formally winding up the business.
This article will explain what happens to assets when a business closes, how they are disposed of and how the money raised can be used to satisfy creditors. If you have any further questions, don’t hesitate to get in contact with our experienced commercial lawyers.

Overview:

What happens to assets when a business closes?
Hierarchy of repayment after sale of business assets

Secured creditors
Preferential creditors
Creditors holding a floating charge
Unsecured creditor

What happens to retained earnings when a business closes?
Checklist for closing down a business

What Happens to Assets When a Business Closes?
Under normal circumstances, the assets are sold to third parties or even to competitors to raise as much money as possible. This process is known as the ‘liquidation of assets‘ and involves the sale or auction of company assets.
The business can sell assets on the open market for cash to settle outstanding debts and satisfy creditor requirements. While a small business has the legal right to sell assets even in the absence of a cash-crunch, this process is typically associated with insolvency procedures.

The shareholders of a company will usually appoint a liquidator who executes the following functions:

Collect or make a list of company assets
Conduct a sale of assets
Use the money raised to settle employee wages and pending debts

Hierarchy of Repayment After Sale of Business Assets
Once the liquidator sells the small business assets, there is a specific order in which repayments are distributed:
1. Secured Creditors
The first on the hierarchy list are secured creditors. A secured creditor is an asset-based creditor, bank or lender. Creditors who hold a fixed charge over assets also fall into this category.

Examples of assets usually covered with a fixed charge could include machinery, vehicles and property. At times, in the absence of a liquidator, the fixed charge holder may sell the assets.
2. Preferential Creditors
Preferential creditors could include employees whose wages have not yet been paid. As they have given their time, effort and skills to a business which is no longer solvent, they are paid next. The payment may also include leave or bonus pay and any other unpaid dues.

Please contact an employment lawyer if you have additional questions or concerns.

3. Creditors Holding a Floating Charge
Creditors holding a floating charge claim their payments from the funds that remain after secured and preferential creditors have been paid. Floating charge payments only come into play when businesses close or go into receivership.
4. Unsecured Creditor
Unsecured creditors are the largest and the last group to be repaid when it comes to the sale of business assets. Examples of unsecured creditors include:

Suppliers
Landlords
Credit card companies
Bank loans not secured with a fixed asset
Student and payday loans
Tax debts and so on

What Happens to Retained Earnings When a Business Closes?
Retained earnings (or RE) is the net income that remains after shareholders have been paid. When you sell your business, it no longer has an operating life from a financial or legal perspective.
To understand this better, it’s a good idea to take a deeper dive into what makes up retained earnings and what happens to assets when a business closes. Since its inception, the company’s total accumulated profits and undistributed income is known as its ‘retained earnings’.

Retained earnings help the business cope with difficult market conditions and less-than-ideal credit lending environments. Robust companies usually have healthy retained earnings to help them tide over challenging periods. When businesses close, the retained earnings will be distributed as part of the asset sale to settle outstanding liabilities.
Checklist for Closing Down a Business
If you’re considering closing down your business, it can be a tough decision to make, and you need to plan well ahead. The following checklist describes important considerations before winding down a business:

Set a date and let your customers, suppliers and employees know by posting notices on the website, on your storefront or sending out emails and letters.
Remember to end your lease or rental agreements. Depending on the contract, you may need to pay your rent until the end of the lease term.
Sell business assets, distribute payments to creditors and settle debts.
Settle Capital Gains Tax (SGT) or Goods and Service Tax (GST) and file final tax returns.
Cancel the ABN (Australian Business Number) and also get the business name removed from the register (Australian Securities and Investments Commission).
Preserve important business records, close your business bank accounts and get any licenses or permits cancelled.

For a more comprehensive guide, you can also download our closing down a business checklist.
Contact Reliable Insolvency Lawyers for Guidance
Closing a business can be a physically, mentally and emotionally draining experience, and it may be a good idea to seek the services of competent insolvency lawyers.
Hiring a reputed legal firm can save you a lot of money, time and wasted effort. As trained insolvency lawyers, Owen Hodge Lawyers has extensive experience in helping businesses close down with minimal hassle while simultaneously staying compliant with Australian laws.
For professional advice on closing your business, sale of assets, acquisitions and mergers or more questions on what happens to assets when a business closes, please call our dedicated team of legal experts on 1800 770 780.
People also read:

Tax Issues in the Sale of a Business
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Christine Vrahas, Estate Litigation Solicitor at Owen Hodge Lawyers
 
Did you know that a stepchild actually can make a claim against your estate for further provision?
That is what happened in the case of COOPER –V- ATKIN [2020] NSWSC 828. The deceased step parent made no provision for the step child in his Will.
The  step child made a claim for provision out of her step parent’s estate on the basis that she was a person who was, at any particular time, wholly or partly dependent on her deceased step parent,  and who was, at that particular time, or at any other time, a member of the household of which the step parent was a member.
Further to fitting within the definition of an eligible person, the Judge was satisfied that there were factors which warranted the step child’s application for an order for provision in that the deceased step parent  inherited the stepchild’s mother’s interest in the property as joint tenant of the home in which the step parent and the step child’s mother had lived. In addition to this, the step child was named as a beneficiary in an earlier Will of the step parent which showed that at a particular point in time, the deceased step parent regarded the step child as an object of his testamentary bounty. 
Eligibility having been established, the next question for the Court to determine is whether adequate provision for the proper maintenance, education, or advancement in life of the stepchild had not been made by the deceased step parent’s Will. It was clear that the step parent made no provision for the step child in his last Will. However, on this point, the Judge noted that this fact does not mean that the step child has satisfied the notion that she has been left without adequate provision even though no, or little, provision was made for the step child in the step parents Will.
In this case, at the time of the hearing, the size of the estate was valued at just over $90,000. The Judge noted that claims for family provision orders present particular difficulties  where the estate is small and where there are other competing claims  on the estate of the deceased.
On the evidence, the Judge found that this was not a case where there was a close relationship, that is one which might be properly described as parent and child, or where the step child was brought up as a permanent member of the deceased step parents family, or she was ever a full-time member, as a child of the deceased’s family. The evidence did not suggest that the step child was supported by the deceased step parent, to any significant extent, educationally or even emotionally. All evidence suggested that the relationship between the step child and the step parent  was superficial and tenuous. The Judge also noted that the size of the estate being a consideration in determining the application for provision.
The Judge found that the step child had not satisfied the Court that adequate provision for the step child’s proper maintenance, education or advancement in life had not been made by the Will of the deceased step parent and dismissed the step child’s claim. 
If you are part of a blended family and need assistance with your Estate Planning documents, don’t hesitate to contact Christine Vrahas from Owen Hodge Lawyers on 1800 770 780 or by emailing [email protected]. 
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During these confusing times businesses may find that they are unsure as to how to respond or handle consumer questions relating to ongoing services and/or the delivery and return of goods purchased. In addition, businesses that deal in travel and events are also facing issues with regard to cancellations, refunds and vouchers.
First, it is important to look to the regulating agencies and the protocol that has been put into place to address many of these business concerns. Initial guidance is available from the Australian Competition and Consumer Commission (ACCC). The most important directives to be handed down for all businesses are the following;

Do not attempt to enforce any contract by using misleading information that might lead a customer to believe that their rights are not the same as those that are legally defined by the terms of their existing agreement.
Do not act in a manner that is unconscionable
Do not attempt to enforce unfair terms that are contained as a standard part of any existing contract.

These three main guidelines apply to all businesses when dealing with losses and/or cancellations due to COVID-19. For example, if supplies have been delayed due to circumstances related to the virus, businesses should do everything that is reasonable to meet the demands of their contracts as soon as practicable. Furthermore, in situations where supplies are depleted, those supplies or goods that are available should not be subject to price gouging. Lastly, with regard to cancellations and refunds, business must be willing to offer the consumer some form of compensation ie: vouchers for future use or refunds in the instance that the event or service will no longer be available.
Beyond these basic concerns it is imperative that business owners understand that the contracts that are currently in existence and their terms, cannot be altered. Hence, if a business cannot meet the terms of the agreement, they cannot simply change the terms. Instead, there must be some offer that adequately compensates the consumer.
In addition, businesses must comply with the restrictions placed upon the general population for health and safety reasons. Therefore, any services or events that go forward must be delivered within the following guidelines;

In accordance with any directives that are necessary to reduce or slow the spread of the virus, including closing your business for a temporary period
Abide by any direction that is given to your business via the Biosecurity Act 2015. It is important to note that non-compliance of a directive could result in a penalty being levied

There are very particular restrictions that have been placed on events and large gatherings of people. In the instance that your business engages in the planning and/or implementation of events of this nature, it is imperative you follow these guidelines – All non-essential gatherings of over 500 persons in an outdoor venue must be cancelled and all non-essential gatherings of over 100 persons at an indoor venue must be cancelled
As an event planner it is important that you review the terms and conditions of your contracts with regard to cancellations and the remedies available to those whom have contracted with you. If the circumstance does not permit the event to be rescheduled, it is highly likely the consumer will be entitled to a refund. However, if it is possible for the event to be rescheduled, allowing the event to proceed as expected at some point in the near future, then it is likely a voucher will suffice to cure the consumer’s inconvenience.
Regardless of the details of your particular business, it is important for business owners to be informed of the current legal requirements with regard to the health and safety of all persons. It is imperative that the rights of all parties, with regard to the implementation of the existing terms and conditions of their outstanding contracts, be honored in as practicable a manner as possible. Finally, business owners need to be willing to work cooperatively, and within the guidelines presented, to ensure that consumers are treated fairly under the circumstances.
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 post study work stream (PSWS) visa (subclass 485) is a fantastic opportunity for international students who have recently graduated from an Australian university to extend their stay to work in the country for a period of time. While there are a few requirements that you must meet to be eligible for this type of visa, the effort can be well worth the experience of working abroad.
Initially, it is important to understand the basic requirements for being eligible for a Post Study Work Stream visa;

You must be under the age of 50
You must have graduated within 6 months of making your application
Your course of study must be at least 2 years long at the level of Bachelors, Masters or Doctorate level
The course of study must be listed as a CIRCOS course of study

After having met these requirements, you can then move on to the balance of the factors that are taken into consideration before a Post Study Work Stream Visa is granted. These include;

English language requirement – you must be able to show that you are proficient in the use of the English language. People holding passports from countries whose first language is English, will be able to show proficiency via their passport. If you do not hold a passport from the U.K. Ireland U.S. Canada or New Zealand, other options will be available for you.
Health Insurance – you will need to show that you have adequate health insurance that can be presented and used in Australia
Medical Examination – you will be required to show that you are of good health
Police Check – you and anyone accompanying you will need to be background checked for the application process
Time Limits – You must have graduated or held a student visa for Australia within 6 months of your application
Bridging Visa – It is possible you can be granted a bridging visa to allow you to stay in the country while you await your Post Study Work Stream Visa

The length of time your Post Study Work Stream Visa will allow you to stay in the country is between 2-4 years, depending upon the type of diploma you hold. If you graduated with a Bachelor’s degree, you will be permitted to remain for an additional 2 years. If you graduated with a Master’s degree, your time frame will be up to 3 years and if you graduated with a Doctorate degree the maximum is 4 years. However, if you hold a passport from Hong Kong you may be eligible to stay for up to 5 additional years past your graduation.
Also, keep in mind that the Post Study Work stream is slightly different from the Graduate Work stream in that the Graduate Work Stream requires you to select a particular occupation that is related to your area of study. In addition, with the Graduate Work Stream, you must also take a skills test evidencing that you have the necessary skills to perform the work you intend to do.  With this visa you may stay in Australia for up to 18 months. If you hold a passport from Hong Kong, you may remain for up to 5 years. Unlike the Graduate Work Stream, the occupation nexus and skills test is not required with a Post Study Work Stream Visa.
If you are hoping to share this experience with your family, you can do that too. If you have a spouse, de facto partner or dependent children or step-children under the age of 23, you may make an application for them to join you. For them to be granted an accompanying visa you will be required to show;

Evidence of the relationship
Dependency of the children you claim

Keep in mind that it is important to plan ahead. If you believe you will be wanting to stay in Australia to work beyond your graduation, it is important to keep in mind that it takes time for the Post Study Work Stream Visa to be approved. The average time it takes is about 4 months. Within 4 months approximately 75% of the visa applications are reviewed and accepted or denied. However, it can take longer with up to 90% being completed within 5 months. Hence, be sure to complete and submit your application with all of the pertinent timelines in mind.
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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