HCN Law

17/09/2024

Thinking about purchasing your next property in Maitland: Learn more about Tips and Traps for conveyancing on our website https://hcnlaw.com.au/conveyancing-in-maitland/

13/09/2024

Have you been putting off getting a will? I've just published this article on our website about the pain of dying intestate. Our simple wills are only $330 for a single person and $550 for a couple. Call us on 4934 6899 to make an appointment to discuss how we can help you with a will. https://hcnlaw.com.au/intestacy-dying-without-a-will/

10/09/2024

Are you thinking about starting a charity or not-for-profit business in Maitland or Newcastle? If so, you should check out this article on our website that may be helpful or give us a call on 4934 6899 to speak to a lawyer about how we may be able to assist

Learn more about registering a charity and non-profits, the benefits of certain structures and obtaining deductible gift recipient status.

05/09/2024

If you are considering starting a charity or registering an existing business as a charity, HCN Law can help.

Registering or starting a charity requires adherence to criteria set out by the Australian Charities and Non-profit Commission (ACNC).

These criteria include being a non-profit entity, having only charitable purposes for the public benefit, complying with the ACNC Governance Standards, not having disqualifying purposes, or being a government, political agency, or individual person. Further information can be found at acnc.gov.au.

If registering an existing business, specific clauses must be included in your business’s governing document or constitution. This can be complicated to change, so seeking legal advice is recommended. These clauses include the appropriate not-for-profit clauses, winding-up clauses and conflict of interest clauses while still complying with the necessary legislation for your legal structure in the relevant jurisdiction. The mechanisms for changing an entity's governing document depend on its legal structure, including board meetings, member votes and approvals. HCN Law can help in complying with these criteria and the application.

In seeking to start a new entity to become registered as a charity, a legal structure of incorporated association is the most numerous among the charities registered with the ACNC.

An incorporated association would limit the liability of directors and members and allow the appropriate financial reporting and governing structure for a registered charity. The governing document or constitution of the entity can be made to reflect the ACNC criteria from the foundation when establishing an incorporated association.

The Deductible Git Recipients (DGR) registration by the Australia Tax Office (ATO) enables your charity to take tax-deductible donations. Applying for a DGR with the ATO can be done simultaneously with the ACNC registration, but you must adhere to additional requirements to be legible for the DGR. The additional requirements can be found on the ATO website, ATO.gov.au.

For more information and assistance, contact HCN Law.

26/08/2024

Are you buying or selling a business?

The team at HCN are experts when it comes to navigating business-related transactions. With so much to think about when considering buying or selling a business, it is crucial to have a dedicated legal team working by your side. At HCN, we make the entire process more streamlined and work hard to ensure you have the best possible protections and outcomes.

We offer a no-cost initial appointment to discuss your matter, followed by fixed and transparent pricing. Get in touch; we’d love to assist you.

19/08/2024

What is a Subpoena?

A subpoena is a court order that compels a person to attend court to give evidence, or to produce documents or other materials.

Types of Subpoenas in NSW

⚖️ Subpoena to Give Evidence: Requires a person to attend court and give evidence.

⚖️ Subpoena to Produce: Requires a person or organisation to produce documents or other materials to the court.

Generally, only a party to a court proceeding can issue a subpoena. This includes:

⚖️Individuals
⚖️Companies
⚖️Government agencies

If you need assistance with a legal matter, get in touch with our team for an obligation and cost free initial consultation.

13/08/2024

What Does an Executor of a Will Do?

An executor is a person or organisation appointed by the will-maker (the testator) to administer their estate after they pass away.

In New South Wales, the executor's role is crucial in ensuring the deceased's wishes are carried out and their assets are distributed according to the will.

The executor's duties can be complex and time-consuming. Here are some of the primary responsibilities:

⚖️Locating the Will: The first step is to find the will. It’s essential to ensure the document is genuine and valid.

⚖️Making Funeral Arrangements: While not a legal obligation, the executor often handles funeral arrangements according to the deceased's wishes or the family's.

⚖️Notifying Relevant Parties: Inform close family, friends, and government agencies about the death.

⚖️Inventorying Assets: Create a comprehensive list of the deceased's assets, including property, bank accounts, investments, and personal belongings.

⚖️Valuing Assets: Determine the value of the estate's assets for tax and distribution purposes.

⚖️Paying Debts and Taxes: Settle outstanding debts, including credit cards, mortgages, and taxes.

⚖️Obtaining Probate: Apply for a grant of probate, a legal document that authorises the executor to administer the estate.

⚖️Distributing Assets: The will specifies how the estate's assets will be divided among beneficiaries.

⚖️Managing Estate Records: Maintain detailed financial transactions and records.

Given the complexities involved, many executors engage a solicitor. The executor is a position of trust and responsibility. Mismanagement of an estate can lead to legal consequences. It's essential to act honestly and transparently throughout the process.

At HCN, our principal solicitor specialises in this area of law and brings years of experience in handling complex matters. Contact us for an obligation-free chat.

12/08/2024

Do you need assistance with a contract? Understanding what you are signing is essential.

At HCN, we will carefully review the contract you intend to enter, outline any concerns, and then explain (in non-legal language) all the contract provisions you are considering.

Don't get caught out signing into something you do not fully understand. Contact us for an obligation-free, cost-free initial discussion.

11/08/2024

Is your Will up to date? This is your sign to get in touch.

Estate planning is vital and should not be overlooked. Our principal solicitor, Michael, specialises in this area and brings a wealth of knowledge to his practice.

HCN offers a FREE initial consultation followed by affordable fixed-rate fees. Contact us to book an appointment with Michael and ensure your legacy is well-planned.

09/08/2024

What does without prejudice mean?

“Without prejudice” is a phrase used to evoke a legal privilege attached to written or verbal communication made by a party to a dispute in a genuine attempt to settle that dispute.

Stating ‘without prejudice’ at the start of a letter means the communications cannot then be compelled to be produced in evidence or referred to in proceedings except in limited circumstances.

If you need assistance with navigating a legal dispute, get in touch with our team for an obligation and cost free discussion.

06/08/2024

It’s always such a privilege to read positive feedback from our happy clients. It certainly makes our day.

At HCN we take great pride in ensuring high quality but approachable legal services. We are here, client focused and outcome driven, ready to ensure the best possible result for your matter.

If you are in need of assistance with a pending legal concern, get in touch with our friendly team.

01/08/2024

Are your shareholder agreements up to date, thorough and effective?

A shareholders agreement is a private contract between shareholders of a company that outlines their rights and obligations. It's a vital document that fosters clarity and minimises the risk of disputes.

A shareholder’s agreement serves as a foundation for corporate governance and sets the ground rules for shareholder conduct.

If you need assistance with drafting a shareholder agreement, get in touch with HCN.