Mihalatos & Associates Solicitors in Beverly Hills, New South Wales, Australia | Local service

Mihalatos & Associates Solicitors

Locality: Beverly Hills, New South Wales, Australia

Phone: +61 2 8283 8955

Address: Suite 3, 28 Norfolk Avenue 2209 Beverly Hills, NSW, Australia

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

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24.01.2022 NEW DRINK DRIVING LAWS The NSW Government has announced a ‘Zero Tolerance’ policy to be enforced 20 May 2019. Under the new policy, drivers who are caught drink driving over the legal limit will have their license suspended for 3 months and will be required to pay a minimum fine of $561. Substance abuse whilst driving will also be covered by the new policy. ... The current law offers little deterrence, as offenders do not face an immediate loss of license unless the court orders. This new policy targets all levels of drink driving and substance abuse, aiming to deter even those found to be of low range drink driving. Roads Minister Andrew Constance noted that there is a high need to deter offenders, considering the high number of alcohol related deaths. There have been 68 deaths in the past year of alcohol related accidents. The Government warns that there are no more excuses. If you drink drive you will face the consequences. It is not worth the risk. If you would like to discuss this further contact us on 02 8283 8955 today! https://www.sbs.com.au//nsw-drink-drivers-will-immediately https://policenews.act.gov.au//Media%20Release%20Images%20

23.01.2022 Parliament has passed legislation removing the intellectual property safe harbour from the Competition and Consumer Act 2010 Cth. A safe harbour is a provision within legislation that specifies that certain conduct will be an exception to the violation of a given rule. Licensing for intellectual property rights have always had protection from competition provisions under section 51(3) of the Competition and Consumer Act 2010 Cth (CCA). However, as there is now no longer a s...afe harbour provision present certain current lawful arrangements will become unlawful. License conditions which restrict the licensee from performing various tasks such as; commercial usage of the intellectual property, supply to certain customers and geographic areas, price restrictions could be affected which also include arrangements with competitors. Accordingly, there is a need to review current or new licensing agreements to ensure they do not contravene the CCA. Businesses are expected to comply with the changes by 12 September 2019 or risk facing a penalty for non-compliance. If you have entered any arrangement concerning licensing of intellectual property rights and are unsure if your arrangement complies with the repealed safe harbour, please contact us on (02) 8283 8955 to arrange a review. http://www.mondaq.com//The+Intellectual+Property+Safe+Harb https://www.ignitiaoffice.com//uplo/2017/08/IP-image-1.png

22.01.2022 ...And we are back! We have had some time off to end 2020 and are now ready to take charge of 2021. If you want to take charge of your 2021 give us a call and we can guide you on your legal rights!

22.01.2022 To our valued clients, We will be closed from the 20th of December 2019 until the 8th of January 2020. We hope you have a Merry Christmas and a Happy New Year from all of us at Mihalatos & Associates Solicitors!

21.01.2022 Successful morning today at the NSW Civil & Administrative Tribunal. Our Principal Solicitor Esmae Mihalatos-Koutsoukis was successful at having Orders made in favour of our clients after a long standing issue dating back to 2016. Great results and very Happy Clients! @ Nsw Civil & Administrative Tribunal

18.01.2022 SYDNEY’S WATER RESTRICTIONS For the first time in over a decade Sydneysiders will face water restrictions. As of Saturday, 1 June 2019, Sydney Water will impose water restrictions to apply to all residents and businesses in Sydney, the Blue Mountains and the Illawarra.... The need for such restrictions has been an inevitable consequence of the record drought in Regional NSW. Additionally, Sydney Water has claimed that city dams have fell faster over the past 2 years than during the Millennium Drought, dam levels have not been this low since the 1940s. What this means for businesses and residents: - Sydney Water proposes that all lawns and gardens should not be watered between 10am and 4pm to limit evaporation losses. Sprinklers and watering systems will also not be permitted. - Residents will not be allowed to hose hard surfaces such as paths and driveways, except for health and safety reasons. - Residents wishing to wash any vehicle, boat or building must do so with a bucket and or a hose with a fitted trigger nozzle. - If you are seeking to fill a new or renovated pool you must seek permit if the water exceeds 10,000 litres. Fines imposed for breaches are $220.00 for individuals and $550.00 for companies. It is important that you are aware of these penalties to avoid facing fines. A three month grace period will commence from 1 June 2019 to allow for people to adjust to the new restrictions. For more information of what is allowed under the Level 1 Water Restrictions visit the Sydney Water website. https://www.sydneywater.com.au//water-restrictio/index.htm https://www.smh.com.au//sydney-s-water-restrictions-to-kic https://330pay2z6wxh3dnglq18hnqs-wpengine.netdna-ssl.com//

16.01.2022 Jessica WON. In the case of Lee v Superior Wood Pty Ltd [2019] FWCFB the Full Bench of the Fair Work Commission determined that Sawmill employee Jeremy Lee was unfairly dismissed for refusing to give his fingerprints to his employer as apart of a new work sign in policy. The Full Bench considered that the captured fingerprint data was in violation of the Privacy Act 1988 (Cth). ... It was held that the company failed to consider it’s obligations under Australian Privacy law on the following accounts: - The company failed to incorporate a privacy policy when issuing the fingerprint scanning policy; - The company did not establish that the collection of sensitive personal information was reasonably necessary for the operations of the company; - The company did not have genuine individual employee consent; and - The company failed to notify or issue a notice to employees outlining the requirements of collection of private sensitive information. The Full Bench held in favour of Lee. Due to Lee’s refusal to consent to the use of his biometric data, the direction to register his fingerprints was deemed unlawful and it was held that he was unfairly dismissed. https://www.abc.net.au//fingerprints-biometric-da/11129338 https://www.google.com/url

15.01.2022 Know your rights before you hop in your car As you made your way to the car this morning you probably did not stop to think about your obligations behind the wheel! Although you may know the main ones, here are a few that you may not have known you could be fined or how severe the fine could be:... 1. Illegal turning: If you fail to keep left when turning left you could be fined $268 and lose 2 demerit points. 2. Emergency Vehicles: If you fail to give way to police or other emergency vehicles you could be fined $457 and lose 3 demerit points. If you increase your speed when passing a stationary emergency response vehicle you could be fined $457 and lose 3 demerit points. 3. One-way wrong way: Have you accidentally driven the wrong way on a one-way road you could be fined $268 and lose 2 demerit points. 4. The classic tailgating If you are caught tailgating behind a car or a long vehicle you can be fined $457 and lose 3 demerit points. At Mihalatos and Associates, we provide advice on all traffic matters. If you are facing a current traffic offence charge, please do not hesitate to contact our office for assistance on (02) 8283 8955.

15.01.2022 A Will is a legal document that outlines your wishes as to who will receive your assets when you pass. It is important that you hold a Will as the consequences of not having a Will may lead to complications and frustration for your loved ones. Drafting a Will is generally not something you think of doing at such a young age. But even for people in their twenties it is important that you have your affairs in order so that you can control the distribution of your assets in the ...event the unthinkable occurs. Unfortunately when a 25 year old woman from Brisbane passed intestate (i.e. without a Will), her superannuation fund made an insurance pay-out to her estate. As the woman did not have a Will, it was divided equally between her parents. The woman’s mother was incensed as the woman’s father abandoned the woman and her mother at her birth and played no significant part in her life and upbringing. A testamentary wish in the woman’s Will would have avoided this distribution. Almost every adult holds some sort of asset that can be distributed when they pass. Those assets may include property, insurance and even superannuation. There are two main parties to be considered when drafting your Will: 1. Executor (nominated by you (the Testator) to carry out the terms of your Will); and 2. Beneficiary (the person or persons who will inherit the assets upon your passing). In cases where a Beneficiary is younger than 18 years old, a trustee may be appointed to hold the inheritance until the beneficiary is of legal age. A trustee may also be appointed for beneficiaries who lack mental capacity and the trustee is expected to act in their best interest. It is essential that you seek professional advice to ensure that your assets are distributed according to your wishes. At Mihalatos and Associates we can assist you in writing your Will. Fill out our Will Questionnaire to get started via the following link http://www.mihalatos.com.au/create-your-own-will/ https://www.smh.com.au//death-and-taxes-lessons-from-the-2 https://i.dailymail.co.uk//45AB43E800000578-5017239-image-

15.01.2022 Don't let the race that stops the nation stop you from acing your case! Call us on (02) 8283 8955

12.01.2022 ---> INTERACTIVE QUESTION TIME - Part 1 <--- WHICH CASE WON? YOU BE THE JUDGE. CAST YOUR VOTE IN THE POLL BELOW. Mr Malter owned a large property who he planned to lease to Mr Walts. Mr Walts approached Mr Malter on numerous occasions over a period of 7 months to negotiate the terms of the lease. ... During one of the negotiations Mr Malter told Mr Walts that he would demolish the existing property on the land and would erect a new one for Mr Walts to occupy during the lease period, Mr Walts agreed and was happy for this to occur. This discussion occurred prior to any formal contract being exchanged. Soon after, in October Mr Walts’ solicitors sent a draft lease to Mr Malter’s solicitors for review. In that same month Mr Malter’s solicitors revised the lease and sent back amendments to Mr Walts’ solicitors. One month after the amendments were sent, in November, Mr Malter informed Mr Walts that demolition work had commenced so it was important to finalise the lease before the Christmas period In early January, Mr Malter commenced building on the property. After construction of the new building was complete, Mr Walts advises Mr Malter that he does not wish to proceed and does not sign the contract to enter into the lease. Mr Malter commenced proceedings against Mr Walts to the effect that Mr Walts should be bound to the verbal discussion. Who do you think won? Cast your vote in the poll below!

12.01.2022 It is undeniably a trying time for us all during the global COVID-19 pandemic. But business must go on. So what does this mean for Commercial Tenancies? Prime Minister Scott Morrison announced new rental waivers and deferrals for commercial tenants and landlords under a Mandatory Code of Conduct (Code). Under this new scheme, landlords are restricted from terminating leases or drawing on their tenant’s security for 6 months. This will include a prohibition from landlords ch...arging an interest on any unpaid rent. For tenants to be eligible to participate under the code, they must: 1. Be eligible for the Commonwealth Government’s JobKeeper programme; and 2. You must not have an annual turnover of more than $50 million. If a tenant is eligible under the Code, they may request a rent relief package that comprises of a rental waiver and rental deferral. Any rent relief will be expected to correlate with the loss in turnover that the tenant has sustained, for example if the tenant has sustained a loss of revenue of 30% they may request rent relief of 30%. In order to seek this relief, the tenant will be expect to provide evidence of this loss. A rental waiver means that the tenant will not have to repay this amount to the landlord at a later stage. A rental waiver must account for at least 50% of the agreed rent relief package. However, a rent deferral means that the tenant does not have to pay that portion of rent for the duration of the pandemic but will need to repay this portion over the remainder of the lease term or 24 months whichever is greater. Our Solicitors at Mihalatos and Associates are here to support you during this period of uncertainty and are able to provided with advice and assistance in negotiating your lease. If you are tenant or landlord that has been financially affected by COVID-19, please do not hesitate to contact our office on 02 8283 8955. https://www.commercialrealestate.com.au//prime-minister-s/

11.01.2022 Have you ever experienced the stress that comes with entering a building contract? Have you had to sign or try to translate the ‘legal jargon’ in a building contract that you don’t really understand? At Mihalatos and Associates, we understand these concerns and target these issues to help alleviate any stress involved in reviewing and entering a building contract. Our highly experienced lawyers understand the risks that arise during the process of construction and the need ...to protect our clients. If you require any assistance regarding building contracts, please contact us on 02 8283 8955.

09.01.2022 If you have been injured in a motor vehicle accident it is important that you inform police as soon as possible. Failing to lodge a claim within the required time is one of the most common reasons why compensation claims fail. Many people in this situation are not aware of their options. It is important to be aware that you may immediately be entitled to up to $5000.00 as an early payment of expenses from your insurer. To claim this benefit you must lodge an Accident Notific...ation Form, this benefit may be granted regardless of who is at fault. Additionally a Personal Injury Claim form must be lodged with further details of the accident and must contain medical supporting documentation. In cases where claimants fail to undergo the necessary steps in the required timeframe. Insurers will refuse to honour the claim, leaving claimants without the compensation they deserve. Ensuring you are aware of Timeframes Under the NSW Government State Insurance Regulatory Authority will provide a sense of ease. Knowing that you are taking the necessary steps if ever you are in an unfortunate situation such as an accident. This timeframe is as follows: 1. Get the registration number of the vehicle you were involved in the accident with. 2. Report the accident to police and obtain an accident report number. 3. Complete an Accident Notification Form (within 28 days of the accident). 4. Complete a Personal Injury Claim Form (within 6 months of the accident). While that all seems simple, the process of obtaining the relevant documentation may be difficult and stressful. Obtaining a lawyer to assist you throughout the process will provide you with a sense of ease, helping you collect information and formulate a claim. At Mihalatos and Associates we understand that this can be a stressful time but we aim to take that stress off by assisting you throughout the entire claim process. Ensuring that all time limits are met and the best outcome for you is achieved. Contact us on 02 8283 8955 for assistance. https://www.sira.nsw.gov.au//guide-for-people-injured-in-a https://washinjurylaw.com//2016/11/car_accident-570x300.png

09.01.2022 Is your child’s privacy at risk? Social media is a growing platform and is used by most people in today’s society. If you own or have access to a smart phone or computer there is a likely chance that you use at least one form of social media. But is it a place for children?... Issues concerning the privacy of children on social media platforms is at large for NSW students. Currently, students in NSW public schools are not allowed to participate in major school events unless the school receives permission that their parents acknowledge and allow for their child’s name and photo to appear on social media platforms. It is questionable whether this is a suitable requirement by NSW Schools. From one perspective, alerting parents and giving them the option of whether they want their child to be filmed at major school events gives parents the choice in relation to their child’s privacy. However, children whose parents have not given permission will miss out on these events. Additionally, those with permission will be subject to having their photo and name placed online for the world to see. Should children be displayed online at such a young age? Facebook does not think so as you cannot hold an account unless you are 13 years or older. Accordingly, why should schools structure their schooling events around the use of social media? A spokesman from The NSW Department of Education stated that it is necessary to maintain the privacy of students at large school events and that it may be possible to limit photographs and filming of individual students for smaller events, but it was harder to make exemptions for large events. It is important to note that NSW Schools are not breaking any laws by refusing to allow students to participate in events where permission is not granted by their parents. It just shows how much social media usage has influenced society. It is important for parents to be aware of the potential threats to their children's privacy in order to make the best decisions concerning their children on social media. https://www.macleayargus.com.au//nsw-public-schools-ulti/ https://cdn2.itpro.co.uk//2/01/shutterstock_624195410.jpg

08.01.2022 The process of divorce should not be a complicated process. Understanding the process and having good legal support will ensure you are in the best position. The Family Law Act 1975 has established the principle of no-fault divorce in Australia. This means that when the Court is considering granting a divorce, the court will take into account whether the marriage has irretrievably broken down, which is established in most circumstances by being separated for 12 months. Howev...er, it is also possible to be separated whilst living together. This is called separation under one roof. Separation under one roof may encompass the following factors: a. A change in sleeping arrangements; b. A reduction in shared activities or family outings; c. A decline in performing household duties for each other; d. Division of finances, for example, separate bank accounts; or e. Any other matters that show the marriage has broken down, for example, if you have notified family and friends of your separation. If you are seeking a divorce and believe that the above applies to you, please contact us to discuss on 02 8283 8955. At Mihalatos and Associates we understand that this may be a stressful and frustrating time but ensure that we will make the process as smooth as possible and provide the legal support you need to get your divorce settled in a timely manner. http://www.familycourt.gov.au//separation-/divorce/divorce https://media.bizj.us//cover-image*750xx6000-3381-0-617.jpg

07.01.2022 INTERACTIVE QUESTION TIME - Part 1 WHICH CASE WON? YOU BE THE JUDGE. COMMENT YOUR ANSWER BELOW Meet Jessica, she is a sawmill worker from Queensland who has been working at Sawmill’s R US for a number of years... Management at Sawmill’s R US decided to change their sign-in/sign-out system to the latest technology Fingerprint recognition! Jessica was displeased with this requirement as she believed that her fingerprint was her personal and confidential information. Sawmill’s R US forced Jessica for three months to use the new fingerprint recognition which she refused to use! Sawmill’s R US stated their reasoning behind the new system was to keep a record of who was onsite. With either party not backing down, Sawmill’s R US fired Jessica for refusing to comply with their directions. POLL TIME Jessica sought legal advice and took this case to court Who do you think won???

07.01.2022 It is officially our first day back for 2020! We are looking forward to connecting with our existing clients and meeting many more amazing people throughout the year. If you or someone you know needs advice please give us a call on (02)8283 8955

06.01.2022 ---> INTERACTIVE QUESTION TIME - Part 2 <--- Mr Malter WON. In the case of Waltons Stores (Interstate) Ltd v Maher [1988] HCA 7, Waltons Stores (Interstate) Ltd sought to end an arrangement to lease Maher’s property. At the time of the arrangement no formal contract had been exchanged. ... The High Court held in favour of Maher and decided that even though no formal contracts had been exchanged, Maher was entitled to assume the exchange was a mere formality. The court found that Maher could rely on promissory estoppel and determined that for a non-contractual promise to be enforceable the following must be satisfied: (a) Promisor must make a promise; (b) Promisor must make or create an assumption that contract will come into existence and promise will be performed; (c) Promisee must rely on the Promisor’s promise; and (d) Promisor engages in unconscionable conduct to ignore the assumption that the promise will be performed. In Australia promissory estoppel extends to representations and promises as to future conduct. https://www.australiancontractlaw.com/cases/walton.html

04.01.2022 A big thank you to all our clients who sent us beautiful Christmas cards last year! It is always a good feeling to know that our clients value our services. These positive messages are important to us as a major portion of our client base were introduced to us by way of word of mouth. We look forward to continuing to receive these amazing messages and if you wish to further show your support you may leave a review on our Facebook and Google page.

02.01.2022 The 5 Step Settlement Process! Please contact our Conveyancing Team on 02 8283 8955 to discuss this process further! https://www.realestate.com.au//what-comes-next-the-5-ste/

01.01.2022 DRIVE SAFE AND BE SAFE THIS LONG WEEKEND Double demerits will be in force from this Friday, 7 June 2019 to Monday, 10 June 2019 inclusive.... If you get caught speeding, using your mobile phone illegally, not wearing a seatbelt or riding without a helmet you will face double the consequences. Enjoy this weekend and be careful on our roads. At Mihalatos and Associates we provide advice on all traffic matters. If you are facing a current traffic offence charge, please do not hesitate to contact our office for assistance on (02) 8283 8955. https://roadsafety.transport.nsw.gov.au//double-demerits.h https://memegenerator.net/img/instances/60845086.jpg