Ticli Blaxland Lawyers in Coffs Harbour, New South Wales | Lawyer & law firm

Ticli Blaxland Lawyers

Locality: Coffs Harbour, New South Wales

Phone: +61 2 6648 7487

Address: 45 Grafton Street 2450 Coffs Harbour, NSW, Australia

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

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19.01.2022 It was a simpler time. Men’s trousers sat exceptionally high, about 3 inches above their belly buttons. Their ties were only around 6 inches long and just as wide. Smoking was still cool and Fedoras, mandatory. Don Bradman was the biggest name in sport and the latest technical advancement was the refrigerator.... It was in this era that Ticli Blaxland was born. Founded by sole practitioner John Eyles on 15 November 1940, it was the first law practice established in the small fishing and banana growing town, existing today. Forged by the flames and steeled by the floods that ravaged the town that year, John Eyles went about laying the foundation for the longest-standing law firm in Coffs Harbour. Fast-forward 80 years, through the advent of photocopiers, fax machines, cassette tapes and the fluorescent turquoise carpets of the 1970’s, and the 2020 team is building on the firm’s solid foundations. For many years, the firm’s mantra has been Service, Integrity, Trust which is as relevant today as ever for the 4 talented lawyers and 7 dedicated support staff who now carry-on the firm’s traditions. The firm’s continued success and impressive reputation has allowed it to grow into an incorporated legal practice, well-versed in a variety of different types of legal matters. The current line-up sees Manny Wood heading Wills and Estates, James Blaxland driving Commercial Law and Antonela Josipovic focussing on Personal Injury. Practice Manager, Alison Worldon keeps all the moving parts heading in the right direction.

19.01.2022 Cheers to 80 Years! The TBL team celebrating the firm's 80th anniversary.

19.01.2022 Claim made for unplanned pregnancy. Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 4 December 2020. In 2019, Kelly underwent an elective tubal ligation, a form of female surgical contraception. The aim of the procedure was to prevent future pregnancy by having the fallopian tubes clipped to prevent egg fertilisation.... During the procedure, Kelly’s surgeon only partially locked the clips into place and failed to place them in the correct position. As a result, the procedure was ineffective. Kelly realised this once she fell pregnant several months later. Kelly was diagnosed with Depression and endured a traumatic birth experience. She underwent an emergency c-section and almost lost her life due to blood loss. She had to take a year off work and suffered a considerable loss of income as a result. Kelly made a claim for compensation for pain and suffering associated with the pregnancy and economic loss. The surgeon refused to accept liability on the basis that pregnancy was an inherent risk with the procedure and that he performed the operation to the appropriate standard. Kelly commenced proceedings in the District Court, arguing that she would not have endured the pain and suffering and financial loss were it not for the surgeon’s negligence. The Court held that the surgeon’s non-typical placement of the clips significantly increased the risk of pregnancy to the extent that it was no longer an inherent risk of the procedure. Further, the incorrect placement of the clips fell short of what other surgeons in the field considered competent professional practice. As a result, the surgeon was deemed negligent. The Court assessed Kelly’s pain and suffering at 38% of a most extreme case and accepted her claim for loss of income. She was awarded $400,000 in compensation and the surgeon was ordered to pay her legal costs. If YOU would like a particular issue addressed please email Manny at [email protected] or call him on (02) 6648 7487.

17.01.2022 The Tyranny of Distance. Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 27 November 2020. Glenda visits her solicitor and has a Power of Attorney drafted and executed, which appoints her three children, Jack, Jill and Jessie jointly as her Attorneys.... Her solicitor explains that, by appointing them jointly, Glenda’s three children must all agree before making any decisions regarding her financial affairs. Glenda also ensures that her Power of Attorney only becomes activated if she loses the ability to manage her affairs and a medical practitioner confirms this in writing. Several years later, while on a holiday, Jessie falls in love with and marries an Australian expat who runs a health retreat up in the mountains of northern Thailand. The family members notice a serious decline in Glenda’s cognition and Glenda is ultimately diagnosed with dementia. Six months after her diagnosis, Glenda’s cognitive ability becomes so impaired that she is unable to manage her own financial affairs which is also confirmed in writing by her doctor. Whilst Jessie fully supports her family, if she returns to Australia she will not be able to return to her home in Thailand due to Thailand’s strict Corona Virus travel restrictions. The attorneys attempt to manage their mother’s affairs but due to an unstable internet connection and lack of phone reception, communication with Jessie is sporadic at best. Jack and Jill seek legal advice regarding their predicament and are informed that Glenda’s Power of Attorney cannot be changed now that she has lost capacity. However, they are advised that Jessie is able to ‘retire’ from her role as Attorney, which would allow the others to continue to manage their mother’s affairs jointly. The three siblings agree that, under the circumstances, this is the best decision, and Glenda’s solicitor arranges for this to be documented in writing. If YOU would like a particular issue addressed please email Manny at [email protected] or call him on (02) 6648 7487.

13.01.2022 The team at Ticli Blaxland wishes you a happy, healthy and peaceful festive season. We would like to take this opportunity to thank you for your support throughout 2019.

13.01.2022 We recently farewelled two of our much-loved staff members. Steph has departed on her long awaited move to Canada and we wish her all the best. Kate is taking maternity leave and we look forward to seeing her beautiful bundle of joy and welcoming her back, when she is ready to return to the workforce. We wish both these ladies the very best for their next chapters!

12.01.2022 Estranged son makes claim. Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 6 November 2020. Jane has not seen her only son, Peter in 16 years. She has developed a close relationship with her niece, Donna who has been her primary carer over the last year, during Jane’s battle with cancer. Donna has also been assisting Jane with her finances, under a power of attorney.... Jane feels that in circumstances where Peter has not been there for her during her trying times, she does not want to reward him, by leaving him an inheritance. Jane makes a will leaving the whole of her estate to Donna, who she refers to as the daughter she never had. When Jane passes-away at the age of 80, her estate is valued at $450,000. Peter, aged 58, makes a claim on Jane’s estate. The Court finds that generally, Jane and Peter’s relationship was seriously strained. The Court also finds that there was a specific incident on Peter’s 40th birthday whereby Jane became very upset because she was not invited to attend. There was a heated exchange which led to an estrangement for 16 years, during which Peter made no attempt to reconnect or reconcile with Jane. Peter discloses his assets at the hearing as including a $600,000 home, owned outright, a $200,000 term deposit and other assets, including a vehicle, caravan and boat valued together at $200,000. He states that to a large extent, his assets resulted from an inheritance from his grandmother. The Court finds that Peter’s current financial circumstances are comfortable but that he has legitimate future financial needs due to his limited earning capacity and imminent retirement. The Court awards Peter one-third of Jane’s estate. The legal costs that were ordered to be paid from the estate, total $150,000. If YOU would like a particular issue addressed please email Manny at [email protected] or call him on (02) 6648 7487.

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08.01.2022 We are committed to continuing to serve our community throughout this difficult time. Consultations via phone, email or video chat are now available. Contact us today. ... (02) 66 487 487 [email protected]

06.01.2022 Will-related FAQs Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 20 November 2020. Jack sees his solicitor regarding the making of a new will and his solicitor clears-up a number of questions that are commonly asked.... No, your executor does not need to sign your will, nor do any beneficiaries. This misconception arises because attorneys and guardians need to accept their roles under those documents, which do not form part of your will, and serve very different functions. No, there is no such thing as a family will and spouses do not make a single will together. All individuals make their own separate wills and you can always change your will by making a new one. This misconception may arise because some wills create trusts for the benefit of a beneficiary’s extended family, which are sometimes called family trusts or bloodline trusts. No, there is no way to register a will. Solicitors cannot conduct a search of a central register to locate a will. It is therefore very important that the original will is preserved safely and that the executor and primary beneficiaries know the location of the will. Ideally, your will should be retained in your solicitor’s safe custody facility with your power of attorney, appointment of enduring guardian and your title deeds, as a minimum. No, there is no way for your executor to conduct a general search to identify the assets of your estate. It is important to have a list of your assets available for your executor and given that many bank and superannuation statements are now in electronic form, thought should be put into suitable arrangements in this regard. No, jointly owned property and your superannuation does not automatically form part of your estate and need to be dealt with separately. If YOU would like a particular issue addressed please email Manny at [email protected] or call him on (02) 6648 7487.

01.01.2022 The TBL team, 1940's style.

01.01.2022 Death Certificate not required to administer estate. Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 13 November 2020. John, a 75 year old, experienced mariner, purchases a second-hand 42-foot vessel interstate. He and his son, Steve commence the two-day sail home.... They take three-hour shifts at the helm of the craft, sailing through the night. At around midnight on the second night, John descends below deck to get some rest. A few hours later, in tragic circumstances, the vessel broaches and lays on its side. Water covers the deck and enters the cabin. Steve activates the emergency radio beacon and pulls John clear from beneath the surface of the water. Water continues to enter the vessel and John and Steve become separated. Steve loses sight of his father and does not see him again. Within 20 minutes, the New South Wales Water Police has been notified, a number of vessels in the area diverted to the scene and an emergency radio signal broadcasted. Within 90 minutes, Steve has been located by a search helicopter. After 12 hours, the search for John concludes due to the dangerous conditions and he had not been located. Several months pass and John’s widow begins administering his estate. She is advised that she needs to obtain a grant of probate, given the nature of John’s assets. In the circumstances, she is unable to obtain a Death Certificate and makes an application to the Court. The Court notes that there is no evidence that John had used any of his bank accounts, nor dealt with any of his property and in circumstances where he had not been seen after the events of that fateful night, declares that on the balance of probabilities, John had died and grants probate, dispensing with the requirement to file a death certificate. If YOU would like a particular issue addressed please email Manny at [email protected] or call him on (02) 6648 7487.