David Zammit & Associates, Solicitors in Narara, New South Wales | Business service

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David Zammit & Associates, Solicitors

Locality: Narara, New South Wales

Phone: +61 2 4324 2004

Address: 15 Cooinda Crescent 2250 Narara, NSW, Australia

Website: http://www.davidzammitassociates.com.au/

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25.01.2022 EFFECT OF MARRIAGE AND DIVORCE ON WILLS A lot of people still get married nowadays and unfortunately a lot of marriages end in separation and ultimately divorce. You need to realize the effect this can have on your will. If you get married and you already have a will, Section 12 of the Succession Act 2006 (NSW) says that marriage automatically invalidates your will, unless the will says it was made in contemplation of marriage. If you made a will before you married but di...e shortly after marriage, then its like dying without a will at all. Normally your estate would go to your wife or husband anyway even if you don’t have a will, but it makes the process of transferring property more complex (and hence expensive). Also, it will affect things if you wanted to distribute gifts in a particular way, which may not necessarily be to your husband or wife. At the other end of the scale, if the marriage breaks down and you separate without divorcing, this doesn’t change your will. So, any assets you have will go to your former partner when you die. The same is true for a defacto relationship The situation is not the same when divorced. Unless you’ve made specific contrary intentions clear within your will, any gifts to your former spouse are revoked. Also, any power for your former husband or wife to act as executor, trustee and or guardian is also extinguished. If you are in this situation or contemplate being in such a predicament in the future, please don’t hesitate to contact us for advice. We are only a phone call away.

23.01.2022 Wonder how that would go with kingies?

21.01.2022 THIS IS AN INTERESTING READ - something to think about when you are contemplating posting a bad comment https://www.thelawyermag.com//adelaide-lawyer-wins/213195

19.01.2022 ASSISTANCE FOR PENSIONERS I've recently become involved in this organisation to assist pensioners and others in need of assistance with their estate matters. The Legal Pathways for Older People project is a partnership between Council on the Ageing NSW (COTA NSW) and Legal Aid NSW. This project aims to help older people obtain free or reduced cost legal assistance.... The type of assistance given may be a face-to-face consultation, or a referral to an appropriate legal service. This assistance is available to Aged Pensioners or holders of a Commonwealth Seniors Health Card. Documents such as Wills; an Enduring Power of Attorney; or Appointment of Enduring Guardianship can be drawn up by a qualified private solicitor, by appointment only, at the locations listed below. COTA NSW office: Level 11, 31 Market Street, Sydney Solicitors are available at: Avoca Beach; Blacktown; Blue Mountains; Camden; Campbelltown; Casino, Chester Hill; Cronulla; Erina; Gosford; Grafton; Hunter Region; Hurstville; Kyogle; Lismore; Liverpool; Newcastle; Newport; Parramatta; Penrith; Picton; Maitland; Taree; Forster; Tuncurry; Tweed Heads and Wollongong. (Locations as of March 2020) This project offers free consultations with solicitors to draw up documents for a fee of $50 per document to cover costs. If the solicitor who sees you thinks that your financial circumstances and/or the amount of work involved in helping you means you fall outside the scope of this service, the solicitor will advise you of this and refer you to a more appropriate legal service. All appointments need to be booked through COTA NSW: Phone: (02) 8268 9616 or 1800 449 102 (for callers outside Sydney metro) We can also arrange for wills, power of attorney and guardianship to be done online by video link through your computer of mobile phone without the need for a visit to our office, although you DO need to be familiar with the internet and be able to scan and print your own documents. If you have any further questions please contact COTA direct or the writer on 0243242004

19.01.2022 THIS IS AN INTERESTING READ - something to think about when you are contemplating posting a bad comment https://www.thelawyermag.com//adelaide-lawyer-wins/213195

17.01.2022 New Tenancy laws to protect victims of Domestic Violence In October 2018, new laws were passed to come into effect as of 28 February 2019.The Residential Tenancies Agreement (Circumstances of Domestic Violence) Regulation 2018, provides amongst other things the right for a victim of DV to immediately terminate a lease without penalty. Normally they would have to give 14 days’ notice and pay any rent due for that period, amongst other penalties The new law will also mean that ...dv victims won’t be liable for any damage to the property that was caused by the abuser, even if they are both on the lease. However, there are certain criteria you have to meet to prove your status. These include proof of the domestic violence offence or a domestic violence order, as well as a certificate from a medical practitioner in the prescribed form. For any help in this regard, please don't hesitate to contact us.

17.01.2022 Granny Flat Traps Its really popular now to build a Granny Flat however you have to be aware of tax issues A granny flat can be treated similarly to a normal investment property for tax purposes. Its advisable to get a report from a quantity surveyor to claim depreciation and to establish a cost base. Expenses such as council and water rates must be claimed based on the land-area occupied by the Granny Flat,... Where rental received is less than market - such as leasing to family- it limits the deductions. There may be no or limited access to any tax benefits that would apply to normal investment properties. If a Granny Flat is built in the backyard of your primary place of residence and then rented out, you will be partially liable for Capital Gains Tax (CGT) when you sell. You may also lose the 50% CGT discount. Usually residential property sales are exempt from GST. However, a granny flat can potentially result in GST obligations such as a mandatory ABN application, GST registration and Business Activity Statement preparation. In early 2019, the government will review the tax on Granny Flat arrangements. For now, CGT may apply where a family member resides in their Granny Flat, such as an older parent living with their child, if they are under a written agreement. However, if there is no agreement then the elderly person is in danger if there is an unexpected breakdown in the relationship. Consider getting appropriate advice before taking the plunge,

16.01.2022 Wills and Power of Attorney - Video tech now allowed for witnessing docs in NSW The onset of the Coronavirus has seen an increase in people wanting to draw wills, powers of attorney, and enduring guardianships. However, the problem remains that these documents must be witnessed and certified by a solicitor before being valid, a problem when we must maintain social distancing. In a recent article from Lawyers Weekly, this problem has now been resolved A new temporary regulat...Continue reading

14.01.2022 EFFECT OF MARRIAGE AND DIVORCE ON WILLS A lot of people still get married nowadays and unfortunately a lot of marriages end in separation and ultimately divorce. You need to realize the effect this can have on your will. If you get married and you already have a will, Section 12 of the Succession Act 2006 (NSW) says that marriage automatically invalidates your will, unless the will says it was made in contemplation of marriage. If you made a will before you married but di...e shortly after marriage, then its like dying without a will at all. Normally your estate would go to your wife or husband anyway even if you don’t have a will, but it makes the process of transferring property more complex (and hence expensive). Also, it will affect things if you wanted to distribute gifts in a particular way, which may not necessarily be to your husband or wife. At the other end of the scale, if the marriage breaks down and you separate without divorcing, this doesn’t change your will. So, any assets you have will go to your former partner when you die. The same is true for a defacto relationship The situation is not the same when divorced. Unless you’ve made specific contrary intentions clear within your will, any gifts to your former spouse are revoked. Also, any power for your former husband or wife to act as executor, trustee and or guardian is also extinguished. If you are in this situation or contemplate being in such a predicament in the future, please don’t hesitate to contact us for advice. We are only a phone call away.

12.01.2022 NEW MOBILE PHONE LAWS - Without a doubt the use of mobile phones whilst driving is a dangerous practice and needs to be curbed. But a Sydney barrister makes some relevant points in a recent article: "The real problem with this legislation is that it is destined to fail. In debating the legislation, NSW Parliament acknowledged that the statistics for the use of mobile phones has not gone down despite several education and awareness campaigns to let people know how risky the ...behavior is. Mobile phone use is ubiquitous. This is not drink-driving. The idea that law can simply be used in a punitive way to curb mobile phone use in the same way as was done with driving under the influence is misguided. Countless studies internationally tell us that people are addicted to their handsets. That horse has bolted. As early as 2011, a study by the University of Maryland, demonstrated the growing reliance that the younger generation has on technology and how it has become central to their lives. Many young people reported mental and physical symptoms of distress, addiction, depression, dependency and anxiety, when reporting their experiences of endeavouring to go unplugged. One participant in the study compared not having her mobile phone as akin to having a missing limb. Handset use among all generations but younger generations in particular is not simply a problem that can be legislatively overcome. If the NSW government were serious about reducing mobile phone road-related deaths and injury, the installation of mobile phone cradles in all vehicles but particularly those of young drivers would be a good place to start. So too would be the installation of dictation texting technology (such as that used by Apple CarPlay) to ensure people are not reaching for their phones in the first place. A truly responsible government might even use the $176 million obtained from red light and speed cameras in the 2018-19 year to fund that installation. Until that happens expect further mobile phone road-related deaths and injuries and for the legislation to be dismissed as yet another form of revenue-raising. Sebastian De Brennan is a Sydney Barrister specialising in criminal and traffic law."

11.01.2022 MANY SMALL BUSINESSES adopt the structure of a company to run the business. The owners form a company and appoint themselves as directors. It has a lot of advantages, the main one being the shielding of directors from the debts incurred by the company. However, its not foolproof. A director can still be liable for the company debts if he trades whilst the company is insolvent. Sometimes the old directors resign, believing they can avoid liability, and new directors are appo...inted who are often family members or friends believing they are helping out. However, in a recent case called Substance Technologies Pty Ltd (2019) NSWSC 612, justice Rees found:: An incoming director must familiarise themselves immediately with the Company for which they are now responsible and, if they discover the company is trading whilst insolvent, must act promptly to wind up the company This is particularly important for tax debts as a director has 30 days, starting on the day of appointment, before he/she will become liable to director penalties equal to all the Company’s unpaid PAYG withholding and unpaid SGC liabilities, they will become and remain personally liable for the tax debt that was created by the Old director prior to their appointment. Resigning the directorship within 30 days will not remove the personal liability for the New Director (or Old Director). To avoid personal liability, they have to either 1. Pay the ATO debt; or 2. Appoint an Administrator or Liquidator; It is always advisable to get advice from an accountant and a lawyer before entering into any of these arrangements, especially if you are purchasing a business which is a company. See more

09.01.2022 UNREASONABLE WILL MAKERS If you believe that you have been treated unfairly in a Will, you may be able to challenge that will under the Succession Act 2006. This type of claim is called a Family Provision Claim. You may have been left out of the Will completely, or believe you weren't given enough. Not just anyone can make a claim. Only certain people can apply They are: 1. Spouses (former or current), 2. De-facto partners, ... 3. Children, and 4. Anyone who has been a part of the household and partially or totally dependent on the deceased. The court literally has the power to re write the will. Judges who sit in this jurisdiction have a very wide discretion, in the words of the Court, they have to put themselves in the seat of the reasonable will maker to assess the fairness of the will. They will look at, amongst other things, the following factors. What type of relationship the deceased had with you? Did the deceased person have any obligation to you? Your personal circumstances including your health, age, any financial assistance you are already receiving, ability to work, and current and future financial situation, especially if you have any disabilities. Is the estate large enough to provide for you and others? Your conduct towards the deceased. Some conduct can be found to be dis-entitling conduct. This has to be very serious, not minor Generally, the Court will look after widows first so if your claim will result in unreasonably cutting down the share of a widow, it may not succeed. A claim has to be made within 12 months from the date of death, or you will lose the right to do so. If you haven’t been given a copy of the will, you are entitled to be provided with one under Section 54 of the Succession Act 2006. If you have any questions, please contact us on 02 43242004 for a free initial consultation See more

09.01.2022 Where there is a will there is a way as long as it’s a legal will! There are formalities to be complied with when you write a will, if you don’t comply with them, then your will may be invalid. In Australia, generally a will must be written and signed by the person making it (who is over 18) and must include a signature from two adult witness who do not obtain a benefit under the will. It should be in written form and state that it is your last will. However, more and more ...courts are willing to find various documents to be legal wills. In a recent court case, the Court found a video recorded on a deceased man’s phone to be a legal will. Leslie Wayne Quinn took his own life in June 2015, but he had made a video on his phone four years prior, where he left all of his possessions to his wife and said, ‘this is my only will’. The Court found it was clear from the video the deceased intended to have the will function as legally binding, and was of sound mind during the recording The court relied on past cases where a written will was not in place, where a lack of a formal, written document was present included wills presented in word documents, suicide notes, a DVD and even unsent text messages. These cases don’t mean that you should not comply with the legal rules when you do your will. A mistake can have tragic circumstances for your family or people you want to give your estate to. Even though in some cases the court has considered the deceased’s’ intention in making it his final will, as well as mental capacity and understanding as opposed to the lack of a written document, its dangerous to rely on a Court interpreting your attempt at a will correctly. These types of informal wills are also much more open to challenge. Don’t take the chance and make sure you get your will prepared by a lawyer. You can contact us on 43242004 to discuss your situation.

08.01.2022 Why do something when you could do nothing instead?

08.01.2022 Be Careful What you like! In a recent case of Bolton v Stoltenberg, the Supreme Court of New South Wales held that a number of Facebook posts about a former mayor of a local council were defamatory and awarded the plaintiff $120,000 in damages. This also extended to a second defendant who had liked 64 posts in the group, including one of the alleged defamatory posts. She also uploaded a comment encouraging others to like the posts. The Judge found that each of the first def...endant’s Facebook posts was defamatory as they tended to lower the plaintiff’s reputation in the minds of right-thinking ordinary members of the community . The court found that there was significant risk that the first defendant would repeat the publication of the defamatory posts and granted an injunction forbidding this as well. So, think carefully before you post anything - or even like something that may be questionable. You may get yourself into more trouble than you bargain for! See more

02.01.2022 Where there is a will there is a way as long as it’s a legal will! There are formalities to be complied with when you write a will, if you don’t comply with them, then your will may be invalid. In Australia, generally a will must be written and signed by the person making it (who is over 18) and must include a signature from two adult witness who do not obtain a benefit under the will. It should be in written form and state that it is your last will. However, more and more ...courts are willing to find various documents to be legal wills. In a recent court case, the Court found a video recorded on a deceased man’s phone to be a legal will. Leslie Wayne Quinn took his own life in June 2015, but he had made a video on his phone four years prior, where he left all of his possessions to his wife and said, ‘this is my only will’. The Court found it was clear from the video the deceased intended to have the will function as legally binding, and was of sound mind during the recording The court relied on past cases where a written will was not in place, where a lack of a formal, written document was present included wills presented in word documents, suicide notes, a DVD and even unsent text messages. These cases don’t mean that you should not comply with the legal rules when you do your will. A mistake can have tragic circumstances for your family or people you want to give your estate to. Even though in some cases the court has considered the deceased’s’ intention in making it his final will, as well as mental capacity and understanding as opposed to the lack of a written document, its dangerous to rely on a Court interpreting your attempt at a will correctly. These types of informal wills are also much more open to challenge. Don’t take the chance and make sure you get your will prepared by a lawyer. You can contact us on 43242004 to discuss your situation.

02.01.2022 NEW MOBILE PHONE LAWS - Without a doubt the use of mobile phones whilst driving is a dangerous practice and needs to be curbed. But a Sydney barrister makes some relevant points in a recent article: "The real problem with this legislation is that it is destined to fail. In debating the legislation, NSW Parliament acknowledged that the statistics for the use of mobile phones has not gone down despite several education and awareness campaigns to let people know how risky the ...behavior is. Mobile phone use is ubiquitous. This is not drink-driving. The idea that law can simply be used in a punitive way to curb mobile phone use in the same way as was done with driving under the influence is misguided. Countless studies internationally tell us that people are addicted to their handsets. That horse has bolted. As early as 2011, a study by the University of Maryland, demonstrated the growing reliance that the younger generation has on technology and how it has become central to their lives. Many young people reported mental and physical symptoms of distress, addiction, depression, dependency and anxiety, when reporting their experiences of endeavouring to go unplugged. One participant in the study compared not having her mobile phone as akin to having a missing limb. Handset use among all generations but younger generations in particular is not simply a problem that can be legislatively overcome. If the NSW government were serious about reducing mobile phone road-related deaths and injury, the installation of mobile phone cradles in all vehicles but particularly those of young drivers would be a good place to start. So too would be the installation of dictation texting technology (such as that used by Apple CarPlay) to ensure people are not reaching for their phones in the first place. A truly responsible government might even use the $176 million obtained from red light and speed cameras in the 2018-19 year to fund that installation. Until that happens expect further mobile phone road-related deaths and injuries and for the legislation to be dismissed as yet another form of revenue-raising. Sebastian De Brennan is a Sydney Barrister specialising in criminal and traffic law."

David Zammit & Associates, Solicitors in Narara, New South Wales | Business service