Rockdene Lawyers

30/08/2024

Can I use a Will Kit?
We are often asked this question when discussing our fees for preparation of a Will, Power of Attorney and Enduring Guardianship. The short answer is ‘Yes’, but it has to be qualified.
It may well perfectly suitable for a non-complex estate that does not require professional advice regarding the estate. Remember that estate planning takes in the present and well as the future of ones assets.
The second consideration is that the Will must be validly executed and witnessed and there are specific rules in this regard. We had a situation recently where a beneficiary witnessed the Will and as a result they were disqualified as a beneficiary. A common mistake.
The third consideration is that if there is a question concerning the mental capacity of the person making the Will, that in the event of a Court challenge, evidence would need to be provided.
Where a lawyer has taken instructions and prepared the Will, this would not be an issue as they will be called to give evidence.
Sound professional advice will ensure that a valid Will is in place to protect you and those you care about most.

Please note that this in not legal advice and is for information purposes only for New South Wales, Australia.
Advice will depend on the circumstances of each individual case.
For further information contact us at Rockdene Lawyers on 1300 83 13 22 or [email protected]

Send a message to learn more

30/08/2024

Can I use a Will Kit?
We are often asked this question when discussing our fees for preparation of a Will, Power of Attorney and Enduring Guardianship.
The short answer is ‘Yes’, but it has to be qualified.
It may well perfectly suitable for a non-complex estate that does not require professional advice regarding the estate. Remember that estate planning takes in the present and well as the future of ones hard-won assets.
The second consideration is that the Will must be validly executed and witnessed and there are specific rules in this regard. We had a situation recently where a beneficiary witnessed the Will and as a result they were disqualified as a beneficiary. A common mistake.
The third consideration is that if there is a question concerning the mental capacity of the person making the Will, that in the event of a Court challenge, evidence would need to be provided.
Where a lawyer has taken instructions and prepared the Will, this would not be an issue as they will be called to give evidence.
Sound professional advice will ensure that a valid Will is in place to protect you and those you care about most.
Please note that this in not legal advice and is for information purposes only for New South Wales, Australia. Advice will depend on the circumstances of each individual case.
For further information contact us at Rockdene Lawyers on 1300 83 13 22 or [email protected]

Send a message to learn more

23/06/2024

What if someone dies without a Will?

When someone dies without a Will, the legal term is dying “Intestate”. In this event, someone has to apply to the Supreme Court for “Letters of Administration” which is the authority of the Court to administer the deceased estate.

So who are the beneficiaries? For a start, the Administrator will have to identify all the eligible persons, usually relatives, and identify what each person is entitled to according to the Succession Act. This includes any current spouse and could include children from the present relationships and others from a previous relationship. There are other beneficiaries according to the Act.

The point here is that the deceased has no control over how their assets are distributed and some immediate beneficiaries may be without adequate provision.

In a recent case, a person died intestate leaving a substantial estate and the Administrator identified 20 possible beneficiaries of which the Court approved 17.

This can be a costly and time-consuming process and can be avoided by having a Will in place to set out one’s wishes.

Please note that this in not legal advice and is for information purposes only. Advice will depend on the circumstances of each individual case.

For further information contact us at Rockdene Lawyers on 1300 83 13 22 or [email protected]

07/06/2024

Do I need a Will?

We are often asked that question and the answer is an emphatic “Yes”. Having a Will is an important part of caring for our hard-won assets both now and when a person dies. Having a Will allows that the ones we care about most to be provided for financially.

Without a Will, your assets may go to people you don’t know (or even like) and leaving your loved ones with less that what they would have received otherwise.

One of our clients died without a Will and he had no family dependents and his sizeable estate went to the NSW government.
Having a Will is one of the most responsible documents to have in place to care for your lifelong assets and to provide for your family.
For further information contact us at Rockdene Lawyers on 1300 83 13 22 or [email protected]

Send a message to learn more

21/08/2021

To assure all our clients, not only are we open and operating, we are also fully vaccinated, as your safety and that of our team is our highest priority

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31/05/2021

***Immigration Update ***
Are you on the Priority Migration Skilled Occupation List (PMSOL)?

There are shortages of key professions in Australia and these listed professions receive priority visa processing. This has been introduced to assist in Australia’s recovery and response to the COVID-19 pandemic and is continuously changing.
Applicants and existing visa holders can request travel exemption to enter Australia, despite the current border closures and processing times have been drastically reduced.

As at 11 May 2021, there are 19 occupations on the list:
• Chief Executive or Managing Director
• Construction Project Manager
• Mechanical Engineer
• Veterinarian
• General Practitioner
• Resident Medical Officer
• Psychiatrist
• Medical Practitioner
• Midwife
• Registered Nurse (Aged Care)
• Registered Nurse (Critical Care and Emergency)
• Registered Nurse (Medical)
• Registered Nurse (Mental Health)
• Registered Nurse (Perioperative)
• Registered Nurses
• Developer Programmer
• Software Engineer
• Social Worker
• Maintenance Planner

If you are considering immigrating to Australia contact the team a Rockdene Lawyers who have been through the immigration process themselves.

For more information contact us at [email protected]

www.rockdenelawyers.com.au

23/05/2021

Immigration Visas

Rockdene Lawyers are experienced immigration lawyers having had first-hand experience of the immigration process when we immigrated to Australia ourselves.

Successfully applying for a visa can be a challenging process as the regulations and skills categories are constantly changing.

The key to a successful visa application is to ensure that all the requirements are satisfied so as to avoid incurring costly delays.

Having recently been through the process of applying for immigration visas, we are well-positioned to guide our clients in gaining professional skills recognition and to obtaining the most appropriate visa to suit their needs.

As lawyers, we are able to provide legal advice regarding your visa application, establishing a business in Australia and any matters that may need to be settled with the assistance of the Courts.

Contact us at

[email protected]

25/09/2020

The 3rd situation where new and growing businesses often get caught up and make poor decisions is when acquiring another company.

Here's the challenge:

The 3rd situation where new and growing businesses often get caught up and make poor decisions is when acquiring another company. A business acquisition can be affected either by acquiring the business as a ‘going concern’ or by way of a straight acquisition of shares.

30/07/2020

Breach of policy > contract termination > unfair dismissal claim...

What happened next?

See the story here:

Enforcing the Enterprise Agreement and policies: Recently, the robustness of the Enterprise Agreement was tested when some employees were in breach of key policy, that potentially placed the contract with the mine owners at risk of termination. A number of employees reported for work at a mine-site

30/07/2020

“Strictly; no drugs and no alcohol!”

A quality Enterprise Agreement is invaluable.

Here is an example of a comprehensive agreement that protected our client in a challenging situation faced by many employers.

See the full story here.

Enterprise Agreement - Case Study A quality Enterprise Agreement is invaluable. Here is an example of a comprehensive agreement that protected our client in a challenging situation faced by many employers.

17/07/2020

Simply, the Enterprise Agreement is a contract between employers and employees that establishes working wages and working conditions. Once agreed and registered with Fair Work, the Agreement is binding for the term of the agreement.

But entering into an Enterprise Agreement with the employees or Team Members is not for everybody and the business case for having such an agreement must of necessity be carefully thought through.

First, where the employees are covered by a specific Award, this may be sufficient to meet the requirements of the both parties.

Second, what tangible benefits will arise for both parties to enter into an Enterprise Agreement?

Third, the arrangement usually extends beyond the Modern Award and is required to meet mandatory requirements such as meeting the ‘Better Off Overall Test’.

Some of the benefits to the employees include higher wages, greater flexibility and better working conditions, while the employer is able to negotiate specific terms that benefit the company, in order to suit work practices that are specific to their industry.

For example, a Modern Award usually provides for numerous allowances, working hours, overtime, leave loading and rates, which can complicate the payroll process. Under an Enterprise Agreement, all of the different allowances can be rolled up into an annual wage that leaves the employee ‘Better Off Overall”. In return, the employer gains through greater productivity and workforce flexibility.

However, when developing or considering an Enterprise Agreement, a cautionary tale is that professional, legal advice is invaluable, as the traps are many and early legal advice can avoid wasted time, effort and money.

Our starting point is to advise a client on whether an Enterprise Agreement is needed, and assuming the Enterprise Agreement is an option, we guide our client through the legal process to follow. We also guide the employer in facilitating the collaboration and contribution of employees in developing the agreement. Once the parties have come to an agreement on the terms and conditions, this is formalised in the draft Enterprise Agreement which is subject to scrutiny and sign off by all parties. A key factor in this is to engage with the relevant Trades Union to ensure that they are aware of the process and are engaged if they so desire. More often than not, they appreciate being notified that the Enterprise Agreement is being negotiated and don’t become involved if the process is followed. This negotiation process often takes considerable time and care to ensure all parties are satisfied. In our experience, proof of the new Enterprise Agreement satisfies the “Better-off Overall Test” (BOOT) is a major determinant in the early stages of engagement.

Once the conditions have been agreed, we will ensure the contract is compliant and will pass the scrutiny of the Fair Work Commission (FWC). If approved, our role becomes enforcing the changes and then ensuring all parties are fulfilling their obligations down the track.

THE GOLDEN RULE: always seek legal advice when formulating legal documents.

Stay tuned; there is more to come on Enterprise agreements.