Being subpoenaed to attend court, in any capacity, can be daunting. The average person will immediately experience a gamete of emotions including fear, anger, uncertainty and anxiety. But, being served with a subpoena to attend court and give evidence does not need to cause such angst. Instead, if you take the time to inform yourself of the process and its requirements, you can arrive at the courthouse ready to testify to the information you possess, calmly and truthfully.
First, it is important to understand that there are three types of subpoena that can be issued;

A subpoena to compel evidence
A subpoena to compel testimony
A subpoena to compel both evidence and testimony

In this article we will concern ourselves with the second form of subpoena; to attend court and give evidence. This means that you have been called to court to testify to your knowledge about the facts of a particular case the court is considering.
One of the first questions people often ask is, “Do I have to attend?” The simple answer is yes. And, while there are exceptions, they are rarely invoked so it is best to make the necessary arrangements so that you can make yourself available on the date and time specified in the subpoena.
Next, read the subpoena carefully. The document will hold the answers to many of your questions including;

Date and time that your presence will be expected by the court
The address of the courthouse
Instructions pertaining to;

Where to enter the courthouse from
Items that you are allowed/prohibited from bringing in with you
Phone numbers for additional assistance
Parking information
The name of the case
Identifying information as to who is the plaintiff/defendant
Potentially a case number for you to reference.

The court within which the case is being heard

Civil court
Criminal court
Family court
Small claims court

If, after reading the subpoena you have questions regarding the logistics of the appearance, call the information numbers provided and a court clerk/employee will be happy to assist you.
At this point, it is time to sit down and review what you might know about the case you have been called to testify in. Here are some questions you should reflect upon;

Did you witness an event? If so;

Can you describe the scene you witnessed,
The number of people involved,
Were they male or female
What was their approximate age
Were there any weapons involved and the type
Was anyone harmed
How well could you see the event

Did you overhear a conversation? If so;

Who was involved
What did they say to each other
Could you hear clearly
Did you see the participants

Do you have knowledge about particular documents? If so;

Type of documents
Under what circumstances did you see them
Did you read them
Can you verify the contents,
Did you create the document

These are just some of the questions that can help you recall the details of the situation you will be asked to recall for the Court. If need be, make some notes to yourself to help you remember what you know and to help bring back any details you might have forgotten or overlooked.
As you take stock of what information you are in possession of, and if you believe that the information you will be asked to testify could implicate you in the case, you should contact a solicitor immediately. Upon doing so request an appointment, explaining that you have been subpoenaed to testify and you are concerned with how your testimony might affect you. During the course of your appointment with the solicitor, be sure to reveal all that you know accurately and truthfully. If you do not give your potential counsel all of the information that you possess, they will not be able to properly advise you as to how to proceed. If the solicitor believes you should have legal representation with you for the appearance, they will discuss what that entails with you so that you can make an informed decision as to hiring counsel.
On the day you are appointed to appear, arrive with plenty of time to find your way. It is important to dress appropriately to show respect for the circumstances and the Court. Upon being advised to enter the courtroom, sit quietly until you are called to testify. While testifying, do not rush your answers. Be careful to answer only the question that has been posed to you. Finally, remain on the witness stand, and/or in the courtroom, until the Judge dismisses you.
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There is nothing more disheartening and disappointing than the cancellation of a trip that you have been looking forward to with great anticipation. Under the best of circumstances, the logistics of a happening such as this, is difficult. But with the recent restrictions and severe health concerns presented by COVID-19, there are millions of people around the world who are caught up in trying to get answers to the important questions surrounding rebooking, refunds, credits and/or vouchers toward future travel.
The first place to look for answers to these questions is your booking/travel contract. There are various possible clauses that could be a part of the original agreement that will give you information and an initial sense of what you might be entitled to have returned to you.

Force Majeure – This type of contract clause will describe what happens if your trip is cancelled for circumstances beyond anyone’s control. Sometimes, this clause is called an Act of God clause. In this situation, no one is at fault for the fact that the trip cannot happen.

Within this type of clause, you might be entitled to various predetermined remedies such as;

Total refund of all monies expended
Future travel voucher
A refund after the travel agent or booking company has recouped reasonable costs of having booked the trip initially.

Frustration of Contract – This type of contract clause is similar to a force majeure and may offer similar remedies or it may discharge the contract holding neither party responsible for breach. A frustration of contract does not necessarily have to be contained within the original contract, but can be raised even if it is not mentioned in the original agreement.

The second place to find a relatively easy remedy is with any form of travel insurance that you might have purchased. Be sure to review any insurance policy you bought specifically to address the issue of cancelled plans. Within these separate insurance policies, you might find a predefined circumstance that meets the qualifying criteria for a refund of your monies.
The questions that remain are often ones that include;
Can I get my deposit back?
The answer to this question will again vary depending upon the terms of your contract. If the terms of getting your deposit back are defined in the original contract, then those terms will apply. Hence, it is possible that you can get your deposit back if you cancel your reservation within a particular time frame, or other method described within.
Do new terms govern or must the travel company honor the terms in the original agreement?
The travel company cannot change the original terms of the agreement. Therefore, if you are met with a statement that the original terms no longer apply and new terms will govern, do not agree unless you are sure you fully understand the new terms, they are to your advantage, you are comfortable waiving the original terms, and you have spoken with a legal professional. Once you accept new terms in writing, you will be bound by them and no longer allowed to rely on the original terms.
How long should a voucher be good for and what are the downfalls of accepting one?
Any credit voucher you are given should be good for a reasonable amount of time; which is often considered at least one year from the date of cancellation. However, there are downfalls to accepting a voucher for future travel. Considering the financial strain the travel industry will be under, it is possible that within a short period of time, some, if not many, may be out of business. In this instance, there would be no entity left to honor your voucher.
How do I enforce my rights?
First it is important to directly contact your travel company and discuss the terms of your contract. In doing so, keep in mind that the travel agency is probably overwhelmed with similar requests and are doing their best to answer everyone’s questions and accommodate their requests as expediently as possible. However, it is important to remember there will be questions that no one has an answer to and delays in processing cancellations, refunds, credits and/or vouchers. The most likely way to get your entitlements is to do so politely and patiently. If you find that this approach is unsuccessful, contact a local consumer group or seek legal assistance.
While we wish for everyone to be able to participate in their plans to travel, we urge you to review your contracts, consider postponement in accordance with the options presented, and make smart, safe and reasonable choices when preparing to travel.
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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Recently the issue of parent verses sperm donor was reviewed by the High Court of Australia. In Masson v. Parsons, the issue has been thoroughly contemplated and the Court has issued a clear statement regarding the parental rights of a sperm donor.
The initial argument that the Status of Children Act 1996 prevails, has been put to rest. The Act states that a sperm donor is not a parent unless he is the spouse or the de facto partner of the mother. However, this is inconsistent with Commonwealth Law. And, in instances where state law and federal law are at clashing purposes, the Court has inexplicably stated that Federal law prevails. As such, in this instance commonwealth law takes precedence. 
That being said, under Commonwealth Law a sperm donor can be considered a parent.  However, there are very specific factors that must be met for a person who is considered to be a sperm donor only, to be determined a parent for legal purposes. If these factors are met, then parental rights can be granted to the sperm donor. 
For parental rights to be granted to a sperm donor, the following must be met;

The donor must be named the child’s father on the birth certificate
The donor must be taking an active role in the child’s life
The donor must be providing support toward the child’s well-being and care 
In most instances there must have been a pre-understanding that the sperm donor would take an active and ongoing role in the child’s upbringing 

Once these factors are met, a sperm donor can and will be considered a parent with parental rights. As such this means that a man who donates sperm with the understanding, intention and actions of a parent will have parental rights. These rights will include the right to;

Regular visitation and/or joint custody
Make legal decisions on behalf of the child; including educational and medical decisions
Be responsible for the child’s care and well-being; including food, shelter and clothing
Protect the child from harm
Financially support the child
Provide the child with an education
Ensure the child has proper medical care

In most cases a single woman who would like to conceive a child via a sperm donor will use an anonymous donor who has no interest in being present for the pregnancy or involved in the rearing of the child. However, in instances where a woman chooses to use a close friend for the purpose of impregnation, the issue can become more complicated. Even if at the beginning of the arrangement, the parties agree that the donor will not be involved in the child’s life, actions subsequent to the birth can change this understanding. 
In the event that a sperm donor becomes involved in the care and support of a child that is biologically his, and develops and ongoing relationship with the child, the Court could make a determination that the sperm donor has parental rights. Hence, this is an area of law that cannot be depended upon for a consistent answer. As such, if you are thinking of entering into this type of arrangement, either anonymously or with a known participant, it is best to put your agreement in writing prior to the inception and birth of the child. 
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 increasing pressures of modern-day living, divorces are on the rise. Grandparents often play important roles in the lives of their grandchildren and it may be heart-breaking to not be able to see your grandchildren anymore. 
Divorce Affects Legal Rights of Grandparents  
Do you automatically have the right to see your grandchildren? How can you make sure you’re complying with Australian family law? 
A divorce in the family results in a lot of stressful upheaval and restructuring in the family dynamics. These changes often affect the visiting rights of uncles, aunts and even stepparents. Grandparents are usually the most affected by a family divorce and many fear that they will no longer be able to see their grandchildren. 
There could be several legal repercussions of not following family laws including fines and punitive action. It’s a good idea to gather more information about what you can and can’t do. For example, there are strong chances of being refused access if one of the parents is granted full child custody (in the event they don’t want you to have access to the child). 
The answer is that although you are not automatically allowed to see your grandchildren, you can apply to Family Court for permission to do so. The Family Law Act seeks to protect the rights of the child first and foremost. 
However, not having automatic rights does not mean you cannot do anything. 
We understand that this may be an overwhelming time for you. Owen Hodge Lawyers in Sydney specialises in family law and will be happy to provide the latest legal information for your requirement.  We help our clients take the most suitable course of action under law. 
Rights of Grandparents Under Australian Family Law 
The Family Law Act allows grandparents to formally apply for the right to visit their grandchild or, in certain cases, even to seek custody. The court will grant the order only if it is in line with the best interests of the child. The best interests of the child are of paramount importance while legally deciding whom he or she should live with or visit. 
When you apply for a court order, there are several factors that may affect the court’s decision for or against you, most of these factors are as applicable to parents as they are to grandparents:

The need to protect the child from neglect, abuse or violence 
The kind of relationship the child enjoys with their parents and grandparents 
The financial support available for the child 
Your ability to contribute to the child’s emotional and other needs 
Your attitude towards the child 
The child’s views towards his or her grandparents. This will be considered in the light of the child’s age, understanding and maturity levels. 
Practical considerations in terms of contact, length and duration of visits and communication 

As experienced family lawyers in Sydney, we can provide detailed guidance regarding visiting, access and custodial rights of grandparents. Contact Owen Hodges Lawyers today on 1800 770 780 for assistance. 
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Deciding upon a day care center for your children while you are working or otherwise engaged is a big decision.  Almost all parents who are contemplating leaving their child in the care of an agency and their staff, take the time to investigate and research their options. And while it is nice to think that those who are watching your child are infallible, that isn’t necessarily true. Day care accidents and/or negligence can happen. As parents, it is important to know your rights, the rights of your child and the responsibilities of all parties involved.
First, it is important to know what a day care provider is actually responsible for. Education care and services is governed by the Education and Care Services National Regulations. Some of a day care/education agencies responsibilities include:

Quality teachers and/or care providers
Adequate health and hygiene practices and policies
Safe procedures for handling and distributing food

However, the only areas of care that are regulated by the Education and Care Services are:

Weekly menus provided by the education/day care facility
Sleep and rest requirements (dependent upon the age of the children being cared for)
Tabaco, alcohol and drug free environment
Staff members who are not under the influence of any type of mind altering substance, including alcohol and drugs.
An awareness of the child protective laws

In addition, there are many safety and care regulations that must be met. A facility must be able to:

Provide adequate supervision
Maintain the premises in a safe manner
Protect children from harm and/or hazards
Hire an adequate number of staff to meet the child/teacher ratio
Sufficient programs for both education and entertainment to engage the children in their care
First aid procedures that can be performed by all staff member
Implement good hygiene for themselves and the children
Assist with all toileting and bathroom needs, including changing nappies

But what do you do if your center falls short on any of these care regulations? Initially, it would be best to bring the issue to the attention of the immediate classroom teacher and/or the owner of the center. Finding a good care center can be difficult, so if the incident seems like a one-off situation, you may want to be careful to preserve your relationship with the providers. Once you have raised the issue, it is important to follow your discussion up with an email indicating the type of incident that occurred that caused you concern and restate the expected action to be taken to remedy the situation.
If your child was injured and there is a bruise or laceration, take a picture of the injury. In addition, if your child needs medical attention be sure to secure copies of all records, prescriptions and recommendations for follow up care.
In addition, start a journal and document the first incident and any evidence you might have gathered. If a second incident occurs, be sure to make a record of it. If the incidents continue it would be important to immediately secure the safety of your child by making alternative day care arrangements. Once you have accomplished this, you will want to speak to a solicitor who specializes in child centered injuries. Finally, contact your local and/or state department of education to report your ongoing safety concerns.
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 uncertainty around COVID-19 continues, many individuals working in the hospitality or retail industry have lost their source of income. For Australian citizens and permanent residents, the Government has announced a number of stimulus packages to financially assist.
However, what if you are in Australia on a visa, and have lost your employment, and now you have no way to pay your rent? It is with these individuals in mind that we have crafted the following templates:

Rental Assistance Template
Educational Assistance Template

These templates are an outline, to be adapted to fit your personal circumstances.
Please don’t hesitate to contact us if you require any further assistance.
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Unpaid work placements – sometimes defined as “internships” or “on-the-job training” – can be perfectly legitimate and a good way for ambitious young things to get a foot in the door. 
Or they can be gross exploitation of the young and economically vulnerable. Not to put too fine a point on it, but wage theft is illegal and can carry heavy penalties for employers who skate too close to the edge.
Both employers and workers clearly need to know the difference. Fortunately, the Fair Work Act 2009 provides guidance, and prior disputes offer helpful examples. Both employers and workers should be very careful when offering or accepting unpaid work placements, however. 
Fair Work Act rules
FWA establishes minimum wages, conditions and awards for various kinds of employment. The theoretical question with unpaid work placements is whether the tasks the worker is asked to perform amount to “employment.”  That depends on two sub-issues:

What the intentions of the parties were; and
Whether this is a vocational placement that is part of an education or training course. 

The first question is harder than the second because intentions are often mixed and incompletely expressed. What matters are the details of the relationship, not how either party describes it?
 
The following factors are important:

What is the purpose of the arrangement? If the arrangement involves productive work rather than meaningful learning, training and skill development, it is likely to be an employment relationship.
How long is the arrangement for? The longer the duration of the arrangement, the more likely the person is an employee. 
Is the work normally performed by paid employees? Does the business or organisation need this work to be done? If the intern is substituting for a paid employee who is on holiday, for example, the arrangement should likely be seen as paid employment.
What role does learning play?  An employment relationship is less likely to be found if the worker’s role is largely observational and does not primarily benefit the organization.
Who benefits from the arrangement? The main benefit from a legitimate unpaid work placement should be to the intern or trainee. If the business gains a significant economic benefit from the person’s work, an employment relationship is more likely to exist. 

Examples
Truthfully, the difference is easier to illustrate than define. If, for example, someone goes to work for a charitable organisation and neither the organisation nor the individual expects payment, then the relationship will likely not run afoul of FWA. 
If an unpaid job placement is part of an educational or vocational training course and is expected to give students important skills to help them transition from study to work, it will also likely meet the requirements of the FWA. If the worker’s internship or training period is not part of a formal educational program but is brief and involves extensive mentoring and training, it may also qualify.
If, on the other hand, an applicant interviews for a paying job and is then asked to perform an unpaid “work trial” for an indeterminate period of time to determine his or her suitability for the job, the unpaid placement would likely violate the FWA. An unpaid internship that offers little or no training and instruction is similarly problematic.
Proceed with caution
Have you been offered an unpaid work placement that you hope may ripen into a paying job? Be very careful. The promise is a sham for many workers being asked to show a good heart and a willingness to work. 
Or, as an employer, are you considering offering unpaid work placements? Many unpaid arrangements do not qualify under the terms of the FWA. The penalties are not worth it for employers who are trying to save a little money. Even organisations that mean well and intend to offer opportunities to undeserved workers can find themselves in trouble if they operate outside of the legal guidelines.
If you have questions about unpaid work placements, please call the attorneys at Owen Hodge Lawyers at 1800 770 780 to schedule a consultation.
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As a parent, you do not necessarily expect that when you take your child to an environment such as a playground, amusement park or public swimming area, that there could be areas of disrepair or neglect that could cause your child to be injured, be it privately or publically owned. However, this is entirely possible. And, it is not uncommon that children are injured at these types of amusement areas in a variety of ways. Children who are injured as a result of negligence on the part of the park/play area can recover for these injuries via a personal injury claim.
Like any personal injury claim, the following factors must be met:

Injury must have occurred on the premises
There must have been some form of negligence by the property owner that contributed to the injury; hence but for the negligence, the injury would not have occurred
The child must have suffered some form of damages, usually physical injury

The difference between an adult claim for personal injury and a child’s claim is centered around the time frame in which the claim for the injury must be lodged with the Court. In accordance with the Personal Injuries Proceedings Act 2002, an adult must make a claim for personal injury with the Court within 3 years of the occurrence of the injury. 
A child, however, has until three years after they reach the age of legal majority ie: 18 years old, plus three years. Therefore, the age for a child to file for a personal injury claim that occurred prior to turning 18 years of age, is 21. However, it is important for legal guardians and/or parents to remember that notice must be given to the property owner much sooner. 
Notice to the property owner must occur within 9 months of the child being injured, or within 9 months of the first symptoms of injury 
Or 
Within 1 month of the parent filing a lawsuit via a solicitor. 
There are several types of negligent actions that can result in children being injured on a playground or other type of amusement area. When out at a play area with children be watchful of the following hazards that can cause children to be injured;

Broken playground equipment
Slippery surfaces
Debris such as broken glass, plastic shards, nails or other small sharp objects
Unstable or weather-beaten surfaces on wooden structures or plastic-based equipment
Tripping hazards such as uneven playing or walking surfaces 
Exposed springs, hinges or screws that can catch on clothing or shoelaces

If you notice any areas in these states of disrepair, report it to the owner or an employee working in the area. If there is no one in the immediate vicinity to report it to, look for a phone number for park maintenance or a website address and report it as soon as possible. 
In the instance that your child is actually injured you should do the following;

If the injury is severe call for emergency services
Secure your child away from the immediate area
Assess the need for immediate medical attention such as an emergency room
If the situation is not an emergency, take pictures of the area where your child was hurt
Ask for the names and contact information of any witnesses
Report the injury to park maintenance or the owner
Be sure to carefully clean any open wounds
Consider making a medical appointment with your child’s pediatrician to rule out a more serious injury
Keep the receipts for any incurred medical costs
Review the event and the subsequent injuries with a legal professional 

It is always hoped that family outings with your children will not result in any child being injured, let alone suffering a serious injury. But in the event that this does happen, be aware of your surroundings and be sure to follow the suggested steps outlined above for your child’s safety and to protect their legal rights.
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 Ellen Pacelli 
This is a true (and tragic) case study. One of many that I have come across during my time practicing in Wills and Estates.
Envision you met the man of your dreams and after three years of wonderful courtship, he proposes in front of the Opera House and you immediately say “YES!”
Over the next year, you and your dream man plan this wonderful wedding with all the bells and whistles. During this time you also purchase your first home together.
The week before your wedding, you and your partner hold a combined hens and bucks party in your new matrimonial home. While setting up for your big reveal party, your partner calls out and says “baby! I am going to get ice and the platters, see you soon, love you!” You then smile and return with “love you more baby!” Your partner then hops in your car and drives away with his best man in the passenger seat. 
While starting to greet guests into your new home, you realise that it has been over an hour and half and your partner and his best man have not yet returned. 
You then call your partner and his phone is turned off. You then call the best man and he does not answer. Thirty minutes later, your best man and beloved best friend of your partner comes to the door drenched in sweat and tears with the police. You only assume the worst and fall to your knees and cry hysterically. 
You are then conveyed to your local hospital, where you see your beloved, lifeless. His parents are there with you, crying uncontrollably with you. You find out that a drunk driver, three times over the limit collided with your partner, after he had dropped his best man off to collect the platters. 
The doctors then ask you the questions that no one wants to hear. “Do you wish to donate his organs?” or “do you wish for us to retrieve sperm” – things that no young woman should face are being dealt with in that very moment. 
Sadly, death does not discriminate. It touches people young and old, yet as a young person you never think that it will affect you.
So the question is, what will now happen to this poor lady? 
How does she deal with the funeral, who deals with the funeral, who pays for the funeral, where will he be buried, will he be buried, will he be cremated, do you donate his organs, who is going to deal with the car insurance, who is going to deal with the wedding cancellation, who is going to deal with his accounts, our accounts, his phone, his internet, his motorbike, his superannuation, what about the mortgage and the house! 
Months after your beloved death and struggling to hold onto your home, you are made aware that your partner had a death benefit with his superannuation in excess of $400,000, which would cover most of your mortgage. But then, your supportive in-laws become out-laws and tell you that your beloved never loved you and he had many mistresses and their reasoning behind this is likely to prove that you were not in a relationship with the deceased and for them to collect the entire superannuation payout. 
What do you do then?
Both Malcolm and I have dealt with horrific matters like this. While it sounds like a horror story, scenario such as these do really happen. This is why estate planning is vital. 
Contact us today on 1800 770 780 or email us at [email protected] to book an appointment so you can avoid this tragic situation.
The post Make sure to get your estate planning documents done sooner rather than later! appeared first on Owen Hodge Lawyers.

A lot can go wrong with plastic surgery – nerve damage, anesthesia errors, or surgical intervention that actually makes an existing problem worse. The results can be very serious, including pain, scarring, infections, disfigurement or even death. But not every bad result is the result of medical negligence. And medical negligence, as a technical legal concept, is what you need to show to support a claim for compensation.  
Whether a claim succeeds may depend on:

the strength of expert testimony about current medical standards;
adequate records of the treatment (or mistreatment) received; and 
whether the claim was filed within a very short period of time. 

There is much more to making a claim for compensation for plastic surgery gone wrong than showing harm. Make sure you have the professional help you will need.
What is medical negligence?
Medical negligence, like negligence in general, has four elements:

One party – a doctor, nurse, or hospital – must owe another, like  a patient, a duty of care;
The practitioner breached that duty by failing to act with a customary standard of care;
The patient was injured; and
The injury was proven to be caused by the practitioner’s failure.

The injury in plastic surgery negligence cases is usually pretty clear. But it can be very difficult to show that the injury was caused by some fault of the doctor and not some intervening or secondary cause. Did the patient stop breathing because the anesthesiologist was inattentive or because of undiagnosed asthma? 
It may also be difficult to establish what the customary standard of care is. Is the surgeon who repairs a newborn’s cleft lip expected to leave no scar or is a scar that may fade with time a professionally acceptable outcome? 
These two issues are why medical negligence cases require expert assistance. Surgery is risky. Unfortunate consequences, by themselves, are not always enough to show negligence. 
Many people are familiar with surgical horror stories – the clamp left inside a patient or the wrong limb amputated – but medical negligence cases are not limited to surgical mishaps.
Beyond surgical mistakes
Four other areas are especially likely to give rise to medical negligence claims:
Failure to obtain informed consent:  Generally before a surgeon undertakes a cosmetic procedure he or she should evaluate a patient from a psychological point of view to determine whether the person is a suitable candidate. Unless a surgeon takes care to explain the pros and cons of cosmetic surgery and advises patients about possible risks, patients may not be able to give informed consent. For patients under the age of 18, a doctor has an even greater duty of care.  
Mistakes with anesthesia:  Patients who were sedated during surgery or given pain medication following a procedure may have a valid medical negligence claim if the medication or dosage was wrong. This may happen if the doctor takes an incomplete history of allergies or preexisting conditions and fails to tailor medication appropriately.
When anesthesia is required, patients should also make sure that the procedure is performed at an adequate facility. Mistakes with anesthesia can be especially serious, potentially exposing a patient not only to unnecessary pain but respiratory crises or cardiac arrest.
Inadequately trained medical practitioner: If your treatment involves a surgical procedure, you should verify that your doctor is a specialist plastic surgeon, with proper Australian licensure. Look for specialized training. Your GP may be great for most health concerns, but may not be the best person to perform liposuction or a facelift.
 
Time is not your friend
In most cases, patients must take legal action within three years of the injury. If the plastic surgery malpractice claim is for a child, time limits can vary more and differ between states. Whatever your situation, it is best to contact a lawyer with special expertise in medical injuries as soon as possible. Extensions of time limits are sometimes possible, but not always. 
If you have questions about what compensation you might recover for plastic surgery gone wrong, please call the attorneys at Owen Hodge Lawyers to schedule a consultation. Our phone number is 1800 770 780, and we look forward to speaking with you.
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Entering into a contract with a minor is generally unenforceable against the underage child. However, there are a couple of exceptions. And, while some believe there should be more exceptions, it does not appear as if Australian legislatures will be changing these restrictions any time soon.
Currently, contracting with a minor is governed by Minors (Property and Contracts) Act 1970 No 60. Generally speaking, the Act only allows for contracts with minors for the following:

Contracts for employment 
Contracts for necessities

In reviewing the scope of these two areas it is easy to see why exceptions were created for employment and necessities. Minors, particularly those sixteen years and older, tend to want to start working in order to afford some of the luxuries that parents might not be willing to foot the bill for. In the case of hiring a minor, the exception does still give some protection to the minor. The contract cannot be unfair or oppressive and the minor retains the right to repudiate the contract when they reach the age of majority. If they do not repute it at that time, it remains a binding contract.
Contracts for necessities include a variety of needs a minor might have. However, it is important to note that if the minor is receiving the same necessity via another means, the new contract for the necessity might not be deemed necessary.  Ordinarily, necessities include the following;

Food
Shelter
Clothing
Education
Health care
Extracurricular activities (including music lessons, art classes or sports)

Generally, contracts made with minors that tend toward necessities or are generated as the result of employment, are voidable. This means that if you contract with a minor for either employment or necessities and the minor reneges on the contract, you will not be able to enforce it against them. 
However, there are a couple of possible exceptions to this general rule. The first exception can occur if you have contracted with the minor and the guardian or a guarantor for the minor. In this instance, if the minor decided to renege on the contract you might have a claim against the other signatory.  A second exception can occur if the contract is for land or possibly a partnership between an adult and a minor. In this second instance, the contract remains viable until the minor takes the proper steps to avoid the contract. Until then, it is possible that the contract can still be enforced. 
Finally, it is possible for a contract with a minor to be enforceable if one of two circumstances occur. First, if the minor after reaching the age of majority affirms the contract. It is always best that the affirmation by the minor is given in writing and evidence their capacity to fully understand and enter into the now enforceable contract. The other possibility of enforcement is if the minor enters into a fresh agreement while still a minor. However, this is not acceptable in all parts of Australia, so it is important to inquire with a professional knowledgeable in the area of contracting with a minor.
In all instances involving contracting with a minor for employment or necessities, it is important to remember that in the event the minor reneges on the agreement, it is unlikely you will have any recourse to enforce the contract. 
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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Dear valued client,
The global effort to slow the spread and minimise the impact of COVID-19 is already underway, and it is presenting some unique challenges, for businesses around the world. Amid the current uncertainty surrounding COVID-19, the well being of our customers and people remain our priority.
Should the directive come that we are required to self-isolate, our business will continue to progress remotely. We have the technological infrastructure in place to ensure the same quality of legal work is undertaken, and the best results possible are passed along to you, our clients. We are equipped to operate at full capacity when working remotely, and we are dedicated to providing our clients with the same high-quality service via email, telephone and video conference.
In the face of this constantly evolving global challenge, Owen Hodge Lawyers remains committed to adapting to ensure that we are providing the best quality service that our clients know and depend on, while also ensuring the health and well being of our clients and employees. Our entire team, both professional and administrative are equipped to provide you with the standard and quality of service you know and depend on, even while operating offsite.
Rest assured that your legal matter will be handled with the same quality and commitment of care that we dedicate to all our matters. You can depend on us.
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Here is the dilemma faced by many employees who have “hidden” or “invisible” disabilities:  Are you better off disclosing the existence of a disability or illness to your employer in order to qualify for workplace accommodations or will that open the door to discrimination?
This is a tricky task that very much depends on individual circumstances. Workplace discrimination on the basis of disability or illness is illegal in NSW. But that doesn’t mean it does not happen. And people with disabilities generally want to work and must work, just like everyone else.
How should you make this decision? A little background may be helpful and some expert legal advice can make an important difference.
Do I have to disclose my illness or disability?
First of all, it is important to remember that, even though you may be acutely aware of your health issues, they may not be obvious to anyone else. Among the most common invisible disabilities are psychiatric disabilities, HIV/AIDS, diabetes and chronic fatigue syndrome, among others.
The general rule, arising from laws protecting the privacy of personal information, is that you need not divulge information about a disability or illness to your employer or a prospective employer. The major exception is for conditions that relate to your ability to perform the normal duties of the job.
What if I choose not to disclose?
If you are untruthful on your application about your ability to do a job, you may end up being dismissed.  The laws protecting privacy and prohibiting discrimination on the basis of disability are no protection from this.
From a practical perspective, if you fail to disclose a pre-existing injury or illness that might affect your ability to perform the normal duties of a job, you may be ineligible for workers’ compensation if your condition recurs or gets worse because of your employment. You can also hardly ask for reasonable accommodations for a condition that may periodically make it difficult for you to perform ancillary job functions unless you disclose the underlying condition.
If you err on the side of nondisclosure, the law may not offer much help if you suffer adverse consequences. If you err on the side of disclosure, however, an unscrupulous employer could ignore the law and refuse to consider you for a position, make life so difficult or unpleasant that you eventually quit, or even fire you. Then you need a lawyer.
What if I do disclose a disability or illness, but end up being discriminated against?
Spotting disability discrimination is not always easy. Discrimination can be direct, as when an employer does something overt. It may also be indirect, as when an employer imposes a condition or requirement that appears to affect everybody equally, but effectively disadvantages only people with a particular condition. 
An employer may also be guilty of disability discrimination if it fails to intervene in or correct the discriminatory behaviour of a co-worker. The same may be true if pre-employment inquiries target only particular applicants – for example if a prospective employer asks only applicants who appear to be overweight whether they have a family history of diabetes.
On the other hand, some forms of discrimination are entirely legal. An employer may decline to hire or dismiss someone who cannot perform essential tasks of the job or if making special adjustments would cause unjustifiable hardship on the business. An employer may also make health or disability-based employment decisions for legitimate safety reasons. The decision may be motivated by concern for the employee, co-workers or customers. It can be a close question whether the employer’s conduct is prohibited by law or not.
If you have questions about the pros and cons of disclosing your disability to your employer and the risk or reality of discrimination, please call the attorneys at Owen Hodge Lawyers to schedule a consultation. Our phone number is 1800 770 780, and we look forward to working with you.
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What’s next? Many young couples nowadays are moving in together for both romantic and financial reasons. Whilst there are many practical considerations, there are also a number of legal considerations to take into account.
 YOUR RIGHTS
De Facto law is often misunderstood and certain jurisdictional factors must be met in order for a relationship to be deemed in a de facto relationship. A person is in a de facto relationship with another person if:

the persons are not legally married to each other; and
the persons are not related by family (see subsection (6)); and
having regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis: see s4AA Family Law Act 1975 (Cth).

There are many factors that the Court must take into account including but not limited to factors such as:

the duration of the relationship;
the nature and extent of their common residence;
whether a sexual relationship exists;
the degree of financial dependence or interdependence, and any arrangements for financial support, between them;
the ownership, use and acquisition of their property;
the degree of mutual commitment to a shared life;
whether the relationship is or was registered under a prescribed law of a State or Territory as a prescribed kind of relationship;
the care and support of children; and
the reputation and public aspects of the relationship.

There need not be any particular finding in relation to any circumstances in deciding whether the de facto relationship exists, rather the Court looks at each case individually and assigns a weight to the evidence as it deems appropriate.
BREAKDOWN
Sometimes the breakdown of a de facto relationship is not amicable and disputes regarding division of property, or even children, can arise. Ways to sort out how to divide property are by agreement without court involvement, through a court agreement formalised through an application for consent orders or by applying to the court for orders.
The courts have the authority to make an order for the division of any property the couple owns together or separately, can order a split of any superannuation or make any pay spousal maintenance.
PROTECT YOUR ASSETS
Anything acquired before, during the de facto relationship or after the separation can be included in the ‘net asset pool’, regardless of whether the property was jointly or individually owned.
It is a good idea that you and your partner are aware of each other’s assets before moving in together. Outlining what you own as well as your debts can lead to successful cohabitation. Also, make sure to hold title to major purchases that you are paying by yourself.
 PETS
In the breakdown of a de facto relationship, there can be confusion and conflict as to the ownership of your household pet. If neither party can agree as to who the pet should live with, the pet will belong to the partner that bought him/her. Under the current law, pets are considered property and are treated as such.
Did you know….

That a de facto relationship can exist between 2 persons of different sexes and between 2 persons of the same sex?
That a de facto relationship can exist even if one of the persons is legally married to someone else or in another de facto relationship?

Moving in together is an exciting time, but it is important that you are aware of your rights as a de facto couple. If you have any questions, contact the family law solicitors at Owen Hodge Lawyers. Come in and see us before you make the move, an informed decision is always a better one!
The post Found your Valentine? Spending most nights together? appeared first on Owen Hodge Lawyers.

Have you made the right decision?
If you are unsure, read our summary of one of the latest decisions regarding feuding executors.
In the matter of Callaway v Callaway; The Estate of Aileen Margaret Callaway [2019] NSWSC 1275 three brothers, appointed executors of their late mother’s will couldn’t see eye to eye on matters pertaining to their mother’s estate. 
For years following her death, bitter and accusatory correspondence ensued between the brother’s lawyers. With the passage of years and following the death of one of the brothers, one of the surviving brothers made an application to the Court that he be granted probate and that his surviving brother be passed over as executor. In turn, that surviving brother made an application to the Court that both he and his surviving brother be passed over as executors and that an independent administrator be appointed.
In this matter, the Judge made it clear that decisions passing over executors are not done lightly and that the Court must always have high regard of a testator’s choice of a person as executor or co-executor because the deceased’s persons choice shows that the deceased person reposed trust in that person and considers them to be suitable and capable of performing the duties required of an executor.    
However, during the course of the hearing and as each brother gave evidence, the level of distrust, hate and patronising view that each of the brother’s had of one another was obvious to the Court. In his Judgment, the Judge stated:   
“Neither in the words of their evidence or in their gestures did the Court receive any basis to infer that these pair were on a road to improving their relationship.”
 Following on, and in the context of a grant being made to one brother and not the other, the Judge stated: 
“In the history of the correspondence in this case, such a grant is likely to produce a round of subterranean warfare against the appointed executor and is inherently incompatible with the orderly future administration of the estate.”
 The Court subsequently found that the appointment of either of the brothers would jeopardise the due and proper administration of their mothers’ estate according to her will, subsequently making orders for the passing over both brothers as executors and appointing an independent administrator. 
It is important to make sure that this doesn’t happen to you. To ensure that your wishes are honoured after your death, have the conversation with your family. If you have any questions about the above content, don’t hesitate to contact Christine Vrahas at Owen Hodge Lawyers at [email protected]. 
The post Feuding Executors – why it’s important to choose the right people for the job appeared first on Owen Hodge Lawyers.

Under current NSW laws, all those gig workers who drive for Uber, deliver for UberEATS or do any number of tasks, are independent contractors rather than employees.
Employee rights are guaranteed and enforceable under the law and various wage agreements. An independent contractor’s rights, on the other hand, are determined under the terms of the contract between the worker and the ultimate contractor (in this example, Uber) that pays for the services. In theory, these rights are enforceable under contract law.
However, in reality, these rights are hard to enforce. The driver or tasker has no real power to negotiate the details of a contract, little money to sue and may be unfamiliar with the language and legal system. In a dispute with UberEATS (over tip allocation, for example), the delivery guy is likely out of luck. It may be $4 this time – not worth fighting over. But more realistically, it is $4 multiplied over all the UberEATS deliveries, multiplied over all the delivery workers. 
If you are a gig worker, what can you do to enforce your rights? 
If you work on any other sort of contract, what do the issues of gig worker mean to you? If you are a wage worker, do you feel the chilly winds of contract work at your back? 
Wages vs. Contracting
The issue that makes work in the shared economy attractive for many – retirees, students and busy mums, for example – is flexible scheduling. You can work, or take the day off or work more, depending on what else is happening in your life. It is the same issue that is largely dispositive of whether a worker is legally considered a wage earner entitled to many statutory protections or a contractor with only contract rights. These may not include minimum wage, workplace safety protections or insurance in the event of injury.
There are other jurisdictions, like California, that have grappled with the implications of this distinction have crafted other multi-factor tests. But in Australia, the issue still seems to be relatively simple. 
Practical tips
At a minimum, independent contractors should make sure that they understand the terms of their agreements and the limits of their entitlements. Only then is it really possible to make an informed decision about whether this work arrangement is suitable for your situation.
The proliferation of gig work has also sparked no small amount of political discussion about whether legislative change is necessary to protect otherwise vulnerable workers and to balance the needs of employers who may feel the need for an on-demand workforce.
Implications for other workers
It is not simply the Uber driver, though, who feels the effects of the growth of the shared economy. Some argue that the growth of a workforce that is not protected by wage, hour and other labor laws, weakens the bargaining position of those who have, for years, argued for the expansion of those rights.
On an individual level, the growth of the gig economy may also open the door to other forms of prohibited discrimination. Imagine the plight of the older worker who is pushed out of a job by subtle forms of age discrimination, but then offered the opportunity to perform the same tasks on a contract basis. The same could happen on the other end of the experience scale, where a newer worker is hired on a “provisional” or “trial” basis as a contractor, but somehow never brought on as a permanent wage earner. 
Other legal protections may come into play, but the changing nature of work, including the growth of a subclass of inexpensive, unprotected workers may have implications for those who work in more traditional situations.
Do you have questions about your employment rights, whether you work in the gig economy or otherwise? The attorneys at Owen Hodge Lawyers are here to answer your questions. Please call us at 1800 770 780 to schedule a consultation.
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It is that time again, that most children dread….. The end of the summer holidays. Children aren’t always the only ones who may dread this time of year – separated parents can find also find this period particularly challenging.
Many families with parents that have separated experience difficulties organising changeover; this can be due to work schedules and commitments or simply poor communication between the parents. To ensure that your children’s commencement of the school year is uninterrupted by divorce conflict, here are some hints and tips to surviving those first few weeks of the school semester:
Hints & Tips

 Organise for the children to be with their primary carer in time for commencement of the school term. It can be quite disruptive for a child and their learning if they are not settled at home and organised for the start of the school year.
If parents have agreed to contribute equally towards costs of back to school essentials, create two lists of equal value and ask the other parent to pick one; and
 In cases where there is high conflict between parents, ensure that changeover occurs at school so there is not face-to-face changeover. It is recommended that parents inform the school of your care arrangements, especially if the parents’ child is of a young age.

 Change of School
If your child is changing schools or entering into high school, this time of year can be even more challenging. In the case that you did not know of your child’s changing of schools, here is some information you should be aware of:

 The parent’s name listed on the enrolment form is the one liable for the school’s fees;
There are ways to off-set payments of school fees against your child support liability (non-agency payments); and
If you are being refused details as to your children’s education and attendance, there is an order that can be sought to provide you with this information.

 Schools are very experienced in dealing with separated parents and their children. Speak to your family law solicitor about talking to your children’s school to see how they can be of assistance to your child/children.
If you have further questions on any of the above or if you are currently in a similar situation, the Family Law attorneys at Owen Hodge Lawyers would like to help. Please call us to schedule a consultation at 1800 770 780. 
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NSW Duty and Land Tax Surcharges and Discretionary Trusts
Surcharge duty and surcharge land tax have been payable since 21 June 2016 in respect of the purchase of residential property in NSW by foreign persons and, in the case of land tax, by virtue of the ownership of residential property by foreign persons.
The current rates for surcharge duty and surcharge land tax are 8% and 2% respectively and those rates apply, without any threshold, in addition to the usual duty or land tax which would be payable.
There is a particular problem with discretionary trusts because of the wide definition of “foreign person” in the Duties Act which is also applicable to the Land Tax Act. Even if there are presently no foreign persons who are beneficiaries of a discretionary trust, virtually all discretionary Trust Deeds include as beneficiaries companies, trusts and other entities which are not limited to those within Australia and accordingly potentially such entities might be foreign persons. This results in the trust being classed as a foreign trust, even if no distributions had been made to foreign entities.
The State Revenue Further Amendment Bill 2019 (the Bill), which has still to be passed by the NSW Parliament, provides that surcharge duty and land tax will not be payable where a discretionary Trust Deed provides that no foreign person may be a beneficiary of the trust and that the terms of the Trust Deed are not capable of amendment in a manner that would result in there being a potential beneficiary of the Trust who is a foreign person. This provision must be irrevocable.
With regard to land tax, the Bill provides that 2017, 2018 and 2019 land tax are not payable or a refund may be obtained where the necessary amendments are made to a discretionary Trust Deed by 31 December 2019.
Revenue NSW has previously indicated that a Trust Deed may be amended by 31 January 2020. The Government now intends to extend the deadline for amendment of discretionary Trust Deeds from 31 December 2019 to a later date in 2020. However, the proposed date is not yet known.
Where a discretionary trust owns residential property, the Trust Deed should be amended urgently as if the ultimate deadline date is missed then surcharge land tax would be payable in respect of any residential property held by the discretionary trust from and including the 2017 year.
Even if a discretionary trust does not own real estate or only owns commercial property, consideration should be given to amending the Trust Deed if there is the possibility of the Trust purchasing residential property in the future. Sometimes the situation arises that a decision is made very quickly to purchase a property and contracts are exchanged and it is at the time of exchange of contracts that the liability for any surcharge duty, presently at the rate of 8% on the price, would arise.
If at that time the Trust Deed had not been amended, liability would arise for payment of a very large amount of surcharge duty and there would be a liability for surcharge land tax in the future.      
All discretionary Trust Deeds are different and it is vital that a lawyer experienced in this area prepare the necessary Deed of Variation.
If you need assistance in this area please contact our Special Counsel, Richard Farmer. 
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Many baby boomers are planning for retirement and the complexities caused by second (and sometimes subsequent) marriages continue to cause concern for not only themselves but also their spouses and their children.
The issues are varied and include the consideration of family discretionary trusts, asset protection, testamentary trusts and minimising challenges to their wills by marauding relatives.
Lawyers use many tools to assist them in meeting the concerns of the clients. In this article, we will briefly discuss life interests and how they can be used within the context of planning for retirement and putting together an estate plan that really works.
Life interests
A life interest can be of great assistance in dealing with the competing interests of beneficiaries.
An equitable life interest is an interest in property granted by the will maker to the “life tenant” who is typically granted the right to possess a property (very frequently real property) for the duration of their life and to receive the income from the property (for example, if it is rented out to a third party) until they pass away.
On the death of the life tenant, the will of the will maker provides for the property to pass to another person, called the “remainderman” or the “remainder beneficiary”. The property does not form part of the life tenant’s estate when the life tenant dies.
Some people grant life interests during their own life but it is more common to do so via their will.
One common way to use a life interest is for a testator (the will maker) to give a life interest in the family home to their current spouse and then state that on the death of the spouse, the property is to pass to the children of the will maker’s first marriage.
The details of the life interest need to be carefully set out in the will, otherwise, disputes can arise. Who is to pay for the rates and levies? What about maintenance costs? What is the power (if any) of the life tenant to sell the property and buy another one from the proceeds? Can the second property be more expensive than the first? If the second is less expensive, then who gets the net proceeds of sale? What if the life tenant needs to go into a retirement village down the track? Who manages the financial aspects of these transactions if the life tenant suffers from Alzheimer’s disease or has otherwise become incapacitated?
Similar interests
Sometimes a will maker wants to give their surviving spouse (or child) a “right to occupy” nominated premises for life. This would be suitable if the will maker seeks to only give possession to the nominated beneficiary but not give any right to income. The period of occupation can be stipulated as being for the life of the beneficiary or for so long as the beneficiary chooses to reside there, or for a specified period – for example, until the beneficiary marries.
A third option is to give a beneficiary a mere licence to occupy the property. This means that the beneficiary can occupy the property but has no right to exclusive possession and typically, the right to occupy the property is at the discretion of the legal personal representative of the deceased.
Stamp duty and CGT
If a life interest expires in accordance with the provisions of the will, then typically stamp duty will not apply to the transfer of the “remainder interest” in the property to the remainder beneficiary because it is a conveyance pursuant to the will. The same applies as regards CGT.
What about an early surrender of the life interest?
The beneficiary may want to dispose of their life interest or bring it to an end or otherwise surrender it. This could occur for a number of reasons. A remainder beneficiary may want to do the same.
Reasons for wanting to do so include a desire to avoid ongoing accounting, legal and other costs in relation to the life interest. It could be that the life tenant or remainder beneficiary wants to pass the property on to the next generation.
The disposal of the right is treated for capital gains tax purposes as the disposal of an asset – just like any other. Regardless as to whether any money is paid for the disposal, for the purpose of the person disposing of the interest, it will be taken to be disposed of at market value and there will be a capital gain (or loss) on its disposal.
The CGT provisions of the Income Tax Assessment Act 1997 will accordingly apply. Stamp duty may also apply.
Will makers should not be concerned about whether, after their death, the life tenant or the remainder beneficiary may decide at some stage in the future that they wish to dispose of or surrender their interest under the will. Presumably, they will have good reason for wanting to do so, and the right of the life tenant or remainder beneficiary to do so reflects the flexibility of the use of life interests. None of us can accurately predict the future.
Can a life interest be disclaimed?
One way to avoid the possible application of CGT and stamp duty on the disposal or surrender of a life interest is for the beneficiary to disclaim the interest upfront.
If the disclaimer takes place before the beneficiary receives the life interest, then there is no CGT to be considered.
However, some cases say that a beneficiary is taken to have accepted the life interest if, after being made aware of it, they do not take steps to disclaim it within a reasonable period of time. So timing is important.
How do you value a life tenancy?
Whilst valuation will become necessary to calculate the cost base on its creation and on the deemed proceeds on a surrender, it can be difficult to value a life interest and a remainder interest.
The valuation depends in large part on the terms and conditions of the arrangement and also on the age of the life tenant. Access to the online tables published by the Australian Government Actuary are available from some state revenue offices and these can be of great help to your accountant when working out the valuation.
Leigh Adams, Special Counsel at Owen Lodge Lawyers, specialises in the entry and exit of business partners, estate planning and litigation.
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Many individuals with terminal illnesses or those coming to the end of their lives choose to die at their home, rather than in hospice or hospital. This is completely legal and is up to the individual and their family as to whether they want this to occur.  However, it is important to be aware of the fact that there are a number of laws in effect regarding the disposal of a body.
While it is a morbid topic, is it worth being aware of what the law states and how to deal with the issue to avoid possible arguments when the time comes. In NSW, you can look to Public Health Regulation 2012 Part 8 to learn how to deal with this issue. 
This law deals with what a mortuary is required to do. For example, there must be a body preparation room, which must have vehicle access, at least one hand basin and other items such as tables or slabs, refrigerated storage and impervious containers. The provisions also deal with vehicles and transportation of bodies.
Other key information that is important to be aware of are:

  A body can be retained up to 5 days after death at the home or elsewhere before being required to send it to, for example, a funeral director.
  To embalm a body you need to have completed an embalming course and be accredited.
  A funeral director may make a body available for viewing unless it is believed to be infected with a prescribed infectious disease.
  Before burial or cremation, a body must be placed in a coffin with the lid securely sealed. For a burial, the upper surface of the coffin must be buried to at least 900 millimetres.
  You can transport a body but if it is infected the owner or driver of the vehicle must be advised of the infection and the body must be enclosed in a watertight coffin.
  A body can only be buried in: a public cemetery, a private cemetery or place approved by the local council, on private land with a land size larger than 5 hectares and approved by the local council, in a National Park with approval, and not on land that is likely to contaminate water.
  There are many rules around the exhumation of bodies.
  Only one body can be cremated at a time.

 It is imperative that an individual has written in their will their wishes to be either buried or cremated, as well as other directions, such as the method of cremation. This will help prevent future issue your family members and loved ones may face.
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