Burt & Hanke Legal in Albury, New South Wales, Australia | Estate planning solicitor

Burt & Hanke Legal

Locality: Albury, New South Wales, Australia

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25.01.2022 The Implementation of the National Domestic Violence Order Scheme New South Wales was the first State or Territory to take meaningful steps towards the implementation of the National Domestic Violence Order Scheme. The purpose of the Scheme is to afford better protections to victims of domestic violence by eradicating the current issues surrounding the enforceability of domestic violence orders across state and territory boundaries.... Presently, if a person protected by an order in one state wishes to travel to, or move to another state, they would have to apply to a court in the other state to have the interstate domestic violence order registered (if possible) or to obtain the protection of a new order in that state. Rather, the National Domestic Violence Order Scheme would automatically make an order made in one state recognised and enforceable in all other states and territories in Australia. The Scheme would also improve intelligence and information sharing between police across state and territory borders. New South Wales has introduced the model laws required to give effect to the Scheme. For further advice regarding domestic violence matters, or any criminal matter, contact the experienced lawyers and solicitors at Burt & Hanke Legal servicing Albury, Wodonga and surrounding areas. www.burthankelegal.com.au [Important note: this post is not intended to be legal advice and it should not be relied upon by others as such. No responsibility is accepted by Burt & Hanke Legal and its directors for any errors in the content, including errors arising from omission or negligence. Persons seeking legal advice should contact Burt & Hanke Legal for an appointment.]

23.01.2022 Conveyancing - Purchaser Caveats All purchasers of real property should lodge a caveat on the title to the property as soon as they enter into a contract to purchase the property. A caveat is a notation listed on the title of the property signifying your interest in the property and preventing any third parties from registering dealings on the title (save for some exceptions) such as other prospective purchasers of the property or creditors of the vendor....Continue reading

21.01.2022 Personal Credit File A credit file is a record of information relating to your personal credit history, which includes information such as personal information, credit applications, current credit providers, debts and court judgements. Under recent changes in the law, credit files now also include positive credit information such as the payments of bills or loans on time.... Credit files are compiled by registered credit reporting bodies, such as Veda (www.veda.com.au), Dun and Bradstreet (www.dnb.com.au) and Experian (www.experian.com.au). When making an application for finance through a credit provider, the credit provider will invariably have regard to the information contained in your credit file when considering your application. An adverse listing, such as debts or court judgements, are likely to see your application for finance refused or more expensive finance offered. Importantly, not all information on a credit file is necessarily correct. If you dispute listings on your credit file, you should contact the credit reporting body immediately. Credit reports can be obtained for free once every 12 months from a credit reporting body. If you require any further information about credit files, or if you require assistance disputing a listing on your credit file, you should contact the experienced solicitors at Burt & Hanke Legal, servicing Albury, Wodonga and surrounding areas. www.burthankelegal.com.au [Important note: this post is not intended to be legal advice and it should not be relied upon by others as such. No responsibility is accepted by Burt & Hanke Legal and its directors for any errors in the content, including errors arising from omission or negligence. Persons seeking legal advice should contact Burt & Hanke Legal for an appointment.]

18.01.2022 Low-Range Drink Driving in NSW A person commits a low-range prescribed concentration of alcohol offence (commonly known as low-range drink driving) if the person has a reading of between 0.05 and 0.079 inclusive and they: (1) Drive a motor vehicle;... (2) Occupy the driver’s seat of a motor vehicle and attempt to put the vehicle in motion; or (3) As an appropriate licence holder, occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle. The maximum penalty for a first time low-range drink driving offender is a $1,100.00 fine. In addition, the offender faces licence cancellation and an automatic licence disqualification period of 6 months, which in certain circumstances can be reduced to a minimum period of 3 months. For a second or subsequent low-range drink driving offender, the maximum penalty is a fine of $2,200.00. In addition, the offender faces licence cancellation and licence disqualification for a period between 1 and 3 months together with an interlock condition on their licence for a minimum period of 12 months thereafter. Having said that, the offender will avoid a loss of licence for a first, second or subsequent offence, if he or she can convince the Court not to impose a conviction for the offence pursuant to section 10 of the Crimes (Sentencing Procedure) Act 1999. For experienced and professional advice and representation in drink driving or DUI matters, contact Albury drink driving lawyers at Burt & Hanke Legal. www.burthankelegal.com.au [Important note: this post is not intended to be legal advice and it should not be relied upon by others as such. No responsibility is accepted by Burt & Hanke Legal and its directors for any errors in the content, including errors arising from omission or negligence. Persons seeking legal advice should contact Burt & Hanke Legal for an appointment.]

16.01.2022 Hoon Laws in NSW The penalties and sanctions attached to street racing and other hoon related offences (i.e. aggravated burnout, exceed speed limit by more than 45 kilometres per hour and police pursuit) in New South Wales are serious. The offence of street racing in New South Wales is contained in section 115 of the Road Transport Act 2013 (the Act), which provides:... A person must not organise, promote or take part in: (a) any race between vehicles on a road, or (b) any attempt to break any vehicle speed record on a road, or (c) any trial of the speed of a vehicle on a road, or (d) any competitive trial designed to test the skill of any vehicle driver or the reliability or mechanical condition of any vehicle on a road, unless the written approval of the Commissioner of Police to the holding or making of the race, attempt or trial has been obtained. For a first-time offender, the maximum penalty is a fine of $3,300.00 and, for a subsequent offender, the maximum penalty is a fine of $3,300.00 and imprisonment for nine months. In addition, upon conviction for the offence, the Court must cancel the offender’s driver licence and disqualify the offender from obtaining a driver licence for twelve months or such other period as the Court thinks fit. Furthermore, and importantly, prior to an alleged offender being convicted by the Court, the Act provides the Police with the power to impose sanctions on the motor vehicle used by the offender in the alleged offence. The Police can seize the motor vehicle on the spot for a period of three months or confiscate the number plates on the motor vehicle for a period of three months. The Police can also immediately suspend an alleged offender’s driver licence on the spot pending court proceedings. Significantly, if an offender is convicted of a second or subsequent street racing or other hoon-related offence within a period of five years and the motor vehicle used in the offence is registered to the offender, then the Court can order the motor vehicle be forfeited permanently to the Crown. For advice and representation regarding traffic offences in New South Wales or Victoria, contact the experienced solicitors and lawyers at Burt & Hanke Legal servicing Albury, Wodonga and surrounding areas. www.burthankelegal.com.au [Important note: this post is not intended to be legal advice and it should not be relied upon by others as such. No responsibility is accepted by Burt & Hanke Legal and its directors for any errors in the content, including errors arising from omission or negligence. Persons seeking legal advice should contact Burt & Hanke Legal for an appointment.]

16.01.2022 Changes to Legal Costs Disclosure From 1 July 2015, in New South Wales and Victoria, important changes will be implemented to the way in which solicitors will have to disclose legal costs to you. Where a solicitor proposes to charge $750.00 or less, excluding GST and disbursements, for the completion of legal work, then there is no requirement for the solicitor to make any type of formal costs disclosure.... Where the costs for the legal work are expected to be between $750.00 and $3,000.00, again, excluding GST and disbursements, then the solicitor must make written disclosure of the costs by providing the client with a Uniform Standard Disclosure Form. A Uniform Standard Disclosure Form is a short form of disclosure, generally one to two pages, which sets out the costs to be charged for the legal work. In the event that the costs for the legal work are likely to exceed $3,000.00, then the solicitor must make full disclosure to their client in writing, including an estimate of legal costs and the basis upon which they are charged. Generally, the full disclosure consists of several pages of various terms and conditions. If you have any questions regarding solicitors’ costs disclosure obligations, or if you require legal advice in respect to any other matter, you should contact the experienced solicitors at Burt & Hanke Legal, servicing Albury, Wodonga and surrounding areas. www.burthankelegal.com.au [Important note: this post is not intended to be legal advice and it should not be relied upon by others as such. No responsibility is accepted by Burt & Hanke Legal and its directors for any errors in the content, including errors arising from omission or negligence. Persons seeking legal advice should contact Burt & Hanke Legal for an appointment.]

15.01.2022 Capital Gains Withholding Payments on the Disposal of Real Property On and from 1 July 2016, new laws commenced that implement 10% capital gains withholding payments on the sale of taxable property in Australia, which of course includes real property. The purpose of the new laws is to assist the Australian Government in securing payment of capital gains tax from foreign residents.... In simple terms, when a foreign resident disposes of real property in Australia with a market value of $2million or more, the purchaser must withhold 10% of the purchase price and remit same to the Australian Taxation Office (ATO). The new regime applies to contracts for the sale of land entered into on and from 1 July 2016. All Australian resident vendors will have to obtain a valid clearance certificate from the ATO prior to settlement of their sale to ensure that the regime does not apply to them. If they fail to do so, then the purchaser must retain the payment and remit same to the ATO. If a vendor is not eligible for a clearance certificate, they might be able to reduce the amount withheld in certain circumstances by obtaining a variation notice from the ATO. An example might be if the vendor is a foreign resident but they have not made a capital gain by the disposal of the asset. Significant penalties apply to purchasers who fail to comply with their obligations under the new regime. For advice in relation to this post or conveyancing in general, do not hesitate to contact the experienced legal professional at Burt & Hanke Legal practising in Albury, Wodonga and surrounding areas. [Important note: this post is not intended to be legal advice and it should not be relied upon by others as such. No responsibility is accepted by Burt & Hanke Legal and its directors for any errors in the content, including errors arising from omission or negligence. Persons seeking legal advice should contact Burt & Hanke Legal for an appointment.]

13.01.2022 NSW Delays New Swimming Pool Laws (Again!) New laws surrounding properties in New South Wales (NSW) with swimming pools and spas were due to commence on 29 April this year after being delayed 12 months. However, the Minister for Local Government has announced a further extension until 29 April 2016. The purpose of the new laws is to impose further obligations on owners of land with swimming pools to ensure standards for safety and security are adhered to.... Owners of properties with swimming pools in NSW will be required to have a valid certificate of compliance for the pool (or relevant occupation certificate) prior to selling or leasing the property. If a vendor selling a property with a swimming pool fails to provide the purchaser with a valid certificate of compliance for the pool (or relevant occupation certificate), the purchaser may be able to bring the contract to an end. The process of obtaining a certificate of compliance involves an inspection of the swimming pool. If the inspection reveals that the pool does not comply with the law, then the owner of the property will be required, within a reasonable time, to undertake the works necessary to make the pool comply. Failure by the owner to undertake the requisite works may result in the Council undertaking the works, charging the owner the reasonable costs associated with the works and fining the owner up to $5,500.00. Somewhat alarmingly, recent Local Government estimates indicate that up to 95% of swimming pools in NSW are non-compliant with the law and it may take up to four months to obtain the certificate of compliance. The further delay to commencement of the new laws will hopefully allow affected land owners time to ensure their spas and swimming pools are compliant. And for advice and assistance on all conveyancing and property matters in NSW and Victoria, contact the experienced lawyers at Burt & Hanke Legal in Albury. www.burthankelegal.com.au [Important note: this post is not intended to be legal advice and it should not be relied upon by others as such. No responsibility is accepted by Burt & Hanke Legal and its directors for any errors in the content, including errors arising from omission or negligence. Persons seeking legal advice should contact Burt & Hanke Legal for an appointment.]

10.01.2022 Protection for Small Businesses from Unfair Contract Terms Amendments to the Competition and Consumer Act 2010, will see protections for small businesses from unfair terms in standard form contracts entered into or varied on and from 12 November 2016. Presently, protections in respect to unfair terms in standard form contracts apply only to consumers. ... The new protections apply to small businesses who are a party to a standard form contract for the supply of goods or services or the sale or grant of an interest in land where the upfront price in the contract is less than $300,000.00 or $1,000,000.00 over a contract term of more than 12 months. A small business is defined as a business with fewer than 20 employees, which includes all casual employees who are employed on a regular and systemic basis. In simple terms, a standard form contract is a contract proffered by one party to a transaction on terms that are not negotiable. The Legislation provides examples of contract terms that might be unfair, including but not limited to: (a) A term that permits, or has the effect of permitting, one party (but not the other party) to terminate the contract; (b) A term that penalises, or has the effect of penalising, one party (but not the other party) for breach or termination of the contract; (c) A term that permits, or has the effect of permitting, one party (but not the other party) to vary the terms of the contract; and (d) A term that limits, or has the effect of limiting, one party’s right to sue another party. If a court or tribunal determines that a contract term is unfair, then that particular term is void and unenforceable. The contract will otherwise continue to bind the parties provided it is capable of doing so without the unfair term. There are some contracts and terms that are excluded from the operation of the Legislation in relation to unfair terms. See sections 26 and 28 of the Legislation. If you have any questions regarding unfair contract terms or any business law matters, you should contact the experienced lawyers and solicitors at Burt & Hanke Legal servicing Albury, Wodonga and surrounding areas. www.burthankelegal.com.au [Important note: this post is not intended to be legal advice and it should not be relied upon by others as such. No responsibility is accepted by Burt & Hanke Legal and its directors for any errors in the content, including errors arising from omission or negligence. Persons seeking legal advice should contact Burt & Hanke Legal for an appointment.]

09.01.2022 Driver Licence Suspension Appeals NSW If your driver licence is suspended in New South Wales, then you may be able to appeal to the Local Court of New South Wales to have the suspension period reduced or even overturned. The following licence suspensions can be appealed:... 1. A decision by the Roads & Maritime Services (RMS) to suspend your licence for exceeding the speed limit by more than 30 km/hour and less than 45 km/hour; 2. A decision by the RMS to suspend a provisional driver’s licence for loss of demerit points; and 3. A decision by the Police to suspend your driver licence for exceeding the speed limit by more than 45 km/hour. Most importantly, you must lodge your appeal within twenty eight (28) days of being served with the notice of suspension. On hearing the appeal, the Local Court, essentially, can do one of three things: 1. Dismiss the appeal; 2. Set aside the suspension; or 3. Vary the suspension. The Roads Transport Act is the relevant legislation and section 268(5)(a) provides that the Court is not to vary or set aside the decision to suspend your licence unless it is satisfied that there are exceptional circumstances justifying lifting or variation of the suspension. In our experience at the Local Court in Albury, the most relevant consideration is whether you are a fit and proper person to hold a licence. Your need for a licence may also be a relevant consideration. If you have any questions regarding licence suspension appeals, you should contact the experienced lawyers and solicitors at Burt & Hanke Legal servicing Albury, Wodonga and surrounding areas. www.burthankelegal.com.au [Important note: this post is not intended to be legal advice and it should not be relied upon by others as such. No responsibility is accepted by Burt & Hanke Legal and its directors for any errors in the content, including errors arising from omission or negligence. Persons seeking legal advice should contact Burt & Hanke Legal for an appointment.]

08.01.2022 Proposed National Domestic Violence Order Scheme At yesterday’s Coalition of Australian Governments meeting, our state, territory and national leaders agreed, in principle, to a National Domestic Violence Order Scheme. While the details of the proposed Scheme are yet to be finalised, the purpose of the Scheme is to afford better protections to victims of domestic violence by eradicating the current issues surrounding the enforceability of domestic violence orders across state... and territory boundaries. Presently, if a person protected by an order in one state wishes to travel to, or move to another state, they would have to apply to a court in the other state to have the interstate domestic violence order registered (if possible) or to obtain the protection of a new order in that state. The National Domestic Violence Order Scheme would automatically make an order made in one state recognised and enforceable in all other states and territories in Australia. Our Prime Minister has acknowledged that there may be some logistical difficulties implementing the Scheme, but it is hoped that the Scheme will be fully operational within twelve months. For further advice regarding domestic violence matters, or any criminal matter, contact the experienced lawyers and solicitors at Burt & Hanke Legal servicing Albury, Wodonga and surrounding areas. www.burthankelegal.com.au [Important note: this post is not intended to be legal advice and it should not be relied upon by others as such. No responsibility is accepted by Burt & Hanke Legal and its directors for any errors in the content, including errors arising from omission or negligence. Persons seeking legal advice should contact Burt & Hanke Legal for an appointment.]

03.01.2022 Check out Burt & Hanke Legal's new television ad promoting business law and property law services.

02.01.2022 Middle-Range Drink Driving in NSW A person commits a middle-range prescribed concentration of alcohol offence (commonly known as mid-range drink driving) if the person has a reading of between 0.08 and 0.149 inclusive and they: (1) Drive a motor vehicle;... (2) Occupy the driver’s seat of a motor vehicle and attempt to put the vehicle in motion; or (3) As an appropriate licence holder, occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle. The maximum penalty for a first time mid-range drink driving offender is a $2,200.00 fine and imprisonment for 9 months. In addition, the offender faces licence cancellation and an automatic licence disqualification period of 12 months, which in certain circumstances can be reduced to a minimum period of 6 months. For a second or subsequent mid-range drink driving offender, the maximum penalty is a fine of $3,300.00 and imprisonment for 12 months. In addition, the offender faces licence cancellation and licence disqualification for a period between 6 and 9 months together with an interlock condition on their licence for a minimum period of 24 months thereafter. Having said that, the offender will avoid a loss of licence for a first, second or subsequent offence, if he or she can convince the Court not to impose a conviction for the offence pursuant to section 10 of the Crimes (Sentencing Procedure) Act 1999. For experienced and professional advice and representation in drink driving or DUI matters, contact Albury drink driving lawyers at Burt & Hanke Legal. http://burthankelegal.com.au/ [Important note: this post is not intended to be legal advice and it should not be relied upon by others as such. No responsibility is accepted by Burt & Hanke Legal and its directors for any errors in the content, including errors arising from omission or negligence. Persons seeking legal advice should contact Burt & Hanke Legal for an appointment.]