Tyler & Co in Sydney, Australia | Property lawyer

Tyler & Co

Locality: Sydney, Australia

Phone: +61 2 9966 1799

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24.01.2022 21yr old Indigenous Uni student, Joshua Hardy murdered in just 6 seconds in an unprovoked attack by ANZ bank clerk. Former ANZ clerk Kyle Sirous Zandipour, 29, yesterday watched impassively from the dock as he was sentenced for the brutal and unprovoked attack on Hardy, 21, in 2014. Zandipour kicked and stomped on the indigenous man after a chance encounter outside a Melbourne McDonalds.... Hardy, who had moved from Darwin to study at the University of Melbourne, had stopped at the fast food outlet after spending a night with friends and family at a valedictory dinner and then a birthday party. Zandipour had emerged from his St Kilda Road apartment after playing video games with childhood friend Matthew Bell to get a late-night snack. Standing outside McDonalds, Hardy asked to borrow Mr Bells mobile phone as he had lost his own. Mr Bell pushed Hardy, causing him to stagger, before Zandipour swung him head first into the ground without warning. CCTV cameras recorded him kicking and stomping on Hardy in the head and neck during the six-second attack. Supreme Court judge Karin Emerton said Zandipours conduct was utterly senseless as Hardy had not threatened him but was instead a vulnerable target, walking unsteadily like a classic drunk. More to this story via the following link: http://www.theaustralian.com.au//f00200d10ef8099bdf6672f77

23.01.2022 In todays day and age of high tax rates, expensive real estate and trying to make every dollar work for you, a large percentage of small business owners are not taking advantage of legal entities and tax breaks that are available. Now is the time to make every dollar work for you. Meet: the Family Trust. http://www.tyler.com.au/2016/09/27/familytrusts/

23.01.2022 Victorian Government abolishes stamp duty for first home buyers! http://www.tyler.com.au//victorian-government-abolishes-s/

23.01.2022 Buying an apartment - what you can and cant change. http://www.tyler.com.au///losing-sleep-over-hard-flooring/

21.01.2022 Pharmacist, Yan Chi "Anthony" Cheung", from a UNSW pharmacy, drugged his co worker for over a year, after being rejected. When asked why he did it, he said he wanted the victim to "suffer". Some of the side effects of the drugs the victim was ingesting caused not only severe drowsiness and nausea, but when used for prolonged periods of time, infertility.... Court documents show Cheung, who is also married and being supported by his business analyst wife, convinced Mrs Leung to work with him at a UNSW campus pharmacy where he repeatedly spiked her water and coffee between May 2015 and May this year. http://www.news.com.au//n/4a4c0673bb5e9a83543fc7627e02516b

21.01.2022 Is your business ready for a visit from the Fair Work Ombudsman? It pays to make sure your staff and personnel records are all up to date, as you may face heavy fines and penalties if not. http://www.tyler.com.au///ready-visit-fair-work-ombudsman/

21.01.2022 A businesss brand is almost as important as its product, which is why Trademarking and brand infringement is so important to manage. http://www.tyler.com.au//how-similar-is-too-similar-when-/

20.01.2022 Parents in Wisconsin, USA will face potential fines, if their children bully others at school. A recent Triple P survey of more than 2,350 Queensland mums and dads revealed 43 per cent knew their kids had been bullied in the past six months. Many said that included cyber-bullying. Their children had received a barrage of sexually explicit images and text. Their social media photos were doctored and circulated to cause maximum humiliation. Their sexuality had been questioned. ...Rumours went viral. The scourge of bullying around the world has prompted authorities in the US state of Wisconsin to take a new approach. They have started fining the bullys parents. Shawano city councils plan to curb bullying and harassment gives parents 90 days to intervene. If theres no change, they are fined $366. A second offence costs the parents $700. More on this story: http://www.couriermail.com.au//ed2388071bc9e7ddd0dd7953327

20.01.2022 Victorian Supreme Court rule that son, who bludgeoned his parents to death, is still entitled to almost half of their $1.1million estate. Victorian Supreme Court associate justice Mark Derham said because Brett was found not guilty of the murder of his parents by reason of mental impairment the forfeiture rule does not apply to him. He is still entitled to inherit the share of his parents estate left to him under their wills. Brett Anthony Smith, now 35, killed his fath...er, Coles executive Michael John Smith, and his mother, Kim Melina Smith, but was found not guilty after a psychiatrist testified he suffered from chronic paranoid schizophrenia. The question of whether Brett should inherit came before the court last week after his former partner, Kylie Burgess, applied on behalf of their daughter, Nikita, 7. Nikita was two when her grandparents died, and Brett has been fighting hard from the Thomas Embling mental health facility to keep her from inheriting. More to this story can be found by clicking on the following link: http://www.theaustralian.com.au//b2ae0ab3c0a9a857c2ecdb4ae

19.01.2022 Employers to provide duty of care for accused workplace bullies. With workplace bullying on the rise, it is important that employers create procedures for handling investigations that helps everyone to feel safe, supported and like the situation is being appropriately managed. But this extends to not only the victims, but also the accused perpetrators - and theres a very good reason why. http://www.tyler.com.au//accused-workplace-bullies-to-rec/

19.01.2022 Changes to employee annual leave legislation making it easier for employers. http://www.tyler.com.au//fwc-settles-on-changes-to-employ/

19.01.2022 Apologies for the delay; time limit for employee unfair dismissal claims. Employees who feel they have been unfairly dismissed or whose termination has not occurred as the law stipulates, have the option of having their case heard before the Fair Work Commission (FWC). However, the application must be made within 21 days of their employment being terminated. Recently, the FWC have heard claims where the employee has claimed that her employers actions, prevented her from mak...ing her claim within the 21 day period and also suffered a mental breakdown as a result. http://www.tyler.com.au/2016/08/22/589/

18.01.2022 First home buyers to save on stamp duty http://www.tyler.com.au//nswfirsthomebuyersgivenfinancial/

17.01.2022 Psychiatrist casts doubt on validity of racial vilification accusation at QUT. Comprehensive medical reports question the severity and reasons for a stress disorder affecting an indigenous university staffer who is seeking $250,000 damages from students in a section 18C racial hatred case. http://www.theaustralian.com.au//acef2c0721cee62b98c564f83

17.01.2022 A Royal Commission into the abuse inflicted on youths in the juvenile detention centres in the Northern Territory, is not necessarily the correct answer. The Royal Commissions impact, based on statistics is demonstrated to have a negative impact at worst and a neutral impact at best. http://newsroom.unsw.edu.au//royal-commission-best-respons

17.01.2022 Think if you work overseas, you'll be exempt from Australian income tax? Think again. http://www.tyler.com.au//income-received-work-overseas-no/

17.01.2022 Think if you work overseas, youll be exempt from Australian income tax? Think again. http://www.tyler.com.au//income-received-work-overseas-no/

16.01.2022 Power of Attorney At some point in our lives, we have all heard about Wills and why everyone should have one, no matter your age, background, profession or religious beliefs. It is generally understood that what you own when you die will automatically go to the state unless you have a will to distribute your possessions and/or money otherwise. However, not everyone is aware of something that is of equal importance having a Power of Attorney. http://www.tyler.com.au/2016/06/23/power-of-attorney/

15.01.2022 Over my years of practice, I continually come into contact with clients who have signed legal agreements that they either didnt understand or that werent written correctly. Dont be one of them. http://www.tyler.com.au/20//19/legal-agreement-mean-think/

15.01.2022 Have you ever wished you could have a lawyer that intimately understands your business, is on-call whenever you need them and all at a fraction of the usual cost? Well, with Tyler and Cos Virtual In-house Legal Counsel service, you can! Experience tells us that the better a lawyer knows your business, the more relevant, appropriate and pro-active your legal advice will be. Yet, most businesses cant justify the cost of having a full time legal counsel at their service. This ...creates a tension that is only resolved by the appointment of Virtual In-house Legal Counsel, a solution that affords you the best of both worlds. With Tyler and Co, you can have access to valuable legal advice, when you need it, at a fraction of the usual cost. http://www.tyler.com.au//virtual-in-house-counsel-4-reaso/

14.01.2022 RAAF sexual abuse against female cadets, still occurring. 15 years ago, RAAF (Royal Australian Air-force) cadet killed herself after being told to resign from her cadet-ship due to incorrect suspicions she was fraternising with her instructor. Her distraught mother, Susan Campbell, told a royal commission yesterday her daughter died two weeks after senior air force officers decided she had no case to answer but the local command never told the girl or her family.... The sex abuse royal commission heard evidence on how the Australian Defence Force and ADF Cadets handle allegations of child sexual abuse. After Ms Campbells evidence, three witnesses told how in 2012 they were pressured into having sex with NSW cadet instructor Christopher Adams, who is in jail for sex with teenagers in his care. In evidence yesterday, Ms Campbell said her daughter was threatened with discharge because officers suspected shed had an affair with an instructor. The instructor had become obsessed with her but her daughter did not become involved sexually. The instructor resigned, citing fraternisation with a cadet, and her daughter was told she needed to resign or be discharged. More on this story: http://www.theaustralian.com.au//b095d5136e16fe82942253f6e

13.01.2022 Pokemon Go craze Pokemon Go is a free augmented-reality mobile game that recently hit the Apple and Android stores, and already has thousands of Australians signing up to be Pokemon trainers. The app accesses a mobile phones GPS and camera to monitor the users location, allowing them to capture, battle and train virtual Pokemon, which appear on the screen as though they are in the players immediate surroundings.... The app has virtual Pokemon set up all over the world and is described by many users as a good way to get people active, as they walk around trying to capture more and more. However, this craze has the potential to cause legal issues as seen in a statement made by the NSW Department of justice which has warned Pokemon Go users to keep the game out of the courts. Going to court is not a game: Pokemon Go trainers should look elsewhere for digital critters, said the NSW Department of Justice on its Facebook page. A reminder that the use of recording devices in NSW courts is prohibited under the Court Security Act 2005 section 9 and carries a $22,000 fine or imprisonment for 12 months (or both). Pokemon Go users must also be careful that while in search of Pokemons, they do not find themselves unwittingly breaking the law by trespassing on private property. A man in Vancouver, with a good sense of humour, has posted a sign asking Pokemon hunters to stay off his property and while this can seem like fun, in NSW if caught trespassing, you could face fines and legal action. So enjoy the game and catch all you can, whilst staying within the law. For further information, go to the below link or contact Tyler & Co on 02 9966 1799. http://www.legalanswers.sl.nsw.gov.au//neighbou/entry.html

13.01.2022 The Family Court rule that making money is no more important than raising children or running the family home. Its often a contentious issue, debating who adds more to the family unit; the person bringing home the bacon, or the one running the household and raising the children. In todays modern era, its safe to say that the majority of people would agree both are of equal value and importance as you cant have one without the other. In a recent ruling, the Family Court ha...s confirmed just that, by overturning the decision of Judge Janine Stevenson who awarded more of the estate to the millionaire husband, saying the net pool of property was derived almost entirely from the fruits of the (husbands) business venture and the wifes contributions could not match this significant contribution. This decision was unanimously overturned by 3 judges, who said Judge Stevenson "got it wrong". Read further at: http://www.theaustralian.com.au//e688798b2e1d3541756adcc78

12.01.2022 7 Qualities to look for in a Lawyer Finding yourself in a position where you need legal help is never fun. More often than not, it is not a position you want to be in and generally involves high levels of stress, anxiety and money. But hiring a lawyer should help to remove undue stress and make you feel like you have someone to help you, who is looking after your best interests and if theyre really good, will ensure that you dont end up in sticky situations in the future. A... really good lawyer, practices preventative law - doing your legal work and looking far enough into the future on your behalf, that no one can get to you, or your money and loved ones. Some of the basic qualities you should look for in a good lawyer are: 1. Understanding - your lawyer should be interested in YOU and what is important to you. 2. Good Communication - if a lawyer starts speaking to you in legal talk and leaves you scratching your head, run for the door. A good lawyer will want you to understand what is going on. 3. Availability - when you need a lawyer, you need them then. Not in a week or when is convenient for them. How quickly can you expect emergency phone calls to be returned? 4. Rapport - Is this someone you can get along with? Do you feel safe with that person and like you can trust them? 5. References - dont be afraid to ask for references. Ask what types of businesses or cases the attorney has worked with in the past. 6. Reasonable fees - attorneys charge anywhere from $50 to $1,000 or more per hour, depending on the location, size and prestige of the firm as well as the lawyers reputation and experience. However, beware of comparing one attorney with another on the basis of fees alone. The lowest hourly fees may not indicate the best value in legal work because an inexperienced attorney may take twice as long to complete a project as an experienced one will. 7. Experience - although its not essential to find an expert in your particular field, it makes sense to look for someone who specializes in small-business problems as opposed to, say maritime law. Finding a lawyer that has years of experience can not only mean they draft better legal documents, but they will probably do it faster and may know things you can only glean from experience. https://www.entrepreneur.com/article/225906

12.01.2022 Unfair dismissal When can your employer terminate your employment? If youre a permanent employee (or a long term casual employee) your employer can only lawfully terminate your employment for a valid reason.... Before they can dismiss you, your employer will usually first need to give you both a warning (preferably written) and a reasonable opportunity to correct your behaviour or lift your performance. It must also let you bring a support person into any meeting to discuss your performance or conduct, as well as giving you the chance to present your side of the argument. When can you bring an unfair dismissal claim? If your employer doesnt follow the correct procedure for dismissing you, fails to pay you what youre entitled to, or otherwise denies you your rights, and you are employed in the private sector or by the Commonwealth or a Commonwealth authority, you may be entitled to bring an unfair dismissal claim in the Fair Work Commission. The Fair Work Commission, will ask itself whether your dismissal was harsh, unjust or unreasonable. The Fair Work Commission will also examine whether your employer gave you a fair go all round before dismissing you. Your claim is not likely to succeed if you employer can show that your termination was a genuine redundancy or if they are a small business and they complied with the Small Business Fair Dismissal Code. Tyler & Co can advise you on whether your claim is likely to succeed. How can a solicitor help? If youve been unfairly dismissed, a solicitor can help in so many ways, including: * Advising you on whether you should make an unfair dismissal or another employment claim; *Advising you on whether there are other ways to resolve your dispute; *Advising you on whether youve received all your entitlements; *Advising you on whether there are other ways or approaches including contacting the Fair Work Ombudsman; *Organising your claim and representing you at the Fair Work Commission If you feel you have been unfairly dismissed, contact Tyler & Co for an appointment today and let us help you clarify where you stand and what you can do. http://www.tyler.com.au/2016/06/29/unfairdismissal/

11.01.2022 What is the best way to structure a business? That depends on three key considerations: - The nature of the business... - The scale of the business - Whats most important to you Running a business involves risk, but some businesses (such as medical services or supply of food or machinery) are more risky than others (such as interior design or supply of books). The riskier the business, the more important it is for the owners and operators to protect themselves and their personal assets from the claims of customers and creditors. Full article on below link: http://www.tyler.com.au/2016/07/19/559/

10.01.2022 Grey Hound racing to be banned after finding of almost 70,000 grey hounds slaughtered, over last 12 years. In an announcement via Facebook today, Premier Mike Baird confirmed Grey Hound racing will be made illegal from 01st July 2017. NSW Premier Mike Baird has banned grey hound racing after an enquiry revealed overwhelming evidence of systemic animal cruelty including mass killings and live baiting.... At least half of all greyhounds bred to race up to 68,488 have been killed in the past 12 years because they were deemed uncompetitive, the states Special Commission of Inquiry has found. The commission, led by Michael McHugh, found one-fifth of all trainers engage in live baiting and 180 greyhounds sustain catastrophic injuries during races each year. http://www.theaustralian.com.au//55f8b119c8cd7d707008d96d0

08.01.2022 Any person buying or acquiring land after 21st June 2016, must now complete the Purchaser Declaration. The declaration must be lodged with any document assessed for duty dated on or after 21 June 2016. Where a transaction has more than one purchaser or transferee, each purchaser or transferee must complete their own declaration. The declaration operates to determine whether the transaction involves a foreign resident purchaser in order to determine the duties and land tax ap...plicable. This follows the commencement of the surcharge purchaser duty and surcharge land tax introduced for foreign buyers of residential land from 21 June 2016, in addition to duty payable on purchases. The declaration also serves to report to the ATO information on land transfers in NSW pursuant to Commonwealth reporting requirements. Source: Office of State Revenue website, 13 July 2016. Link to Purchaser Declaration: http://www.osr.nsw.gov.au//d/files/file_manager/oda076.pdf If you are buying or acquiring land and would like legal advice or need a lawyer to represent you, contact Tyler & Co to set up an appointment. We are sticklers for detail and customer satisfaction is our number 1 priority. http://www.tyler.com.au/2016/07/15/buyingoracquiringland/

08.01.2022 Michael Tyler joins Akinson Vinden Lawyers! I am delighted to announce that, earlier this year, I joined a larger law firm, Atkinson Vinden Lawyers. Being in that firm provides me with additional legal and other support services and enables me to offer a wider range of services to clients, including commercial litigation and family law.... Atkinson Vinden is a very successful firm, which has its main office in Chatswood and also practices in the CBD. I have taken on the role of Special Counsel - Commercial Law. However, I also continue to act in the areas of property law and estate planning. You can learn more about Atkinson Vinden at www.avlawyers.com.au. Tyler & Cos phone number has been redirected to Atkinson Vinden, but you can also reach me on +61 (02) 9411 4466 or at my new email address, [email protected]. I look forward to continuing to help you with all your legal needs. Michael Tyler

08.01.2022 Backpacker tax set not to go ahead due to unpopularity. The Turnbull Government has deferred the introduction of a new backpacker tax, due to its growing unpopularity in regional NSW and QLD. The proposed tax law would have raised an estimated $540 million over the next four years. Traditionally, backpackers were exempt from paying tax on the first $18, 200 they made. However the proposed backpacker tax would see them now being charged 32% tax on the first dollar they earn a...nd 35% on any superannuation contributions they receive. This would potentially cause a large majority of backpackers to shun Australia and change their destinations to countries such as New Zealand where they would be exempt from paying tax. This would not only have an impact on tourism, but would also cause huge problems to fruit Farmers who heavily rely on backpacker workers. http://www.theaustralian.com.au//61bb7db546e0eaba207dfbbfa

07.01.2022 Road rules to now incorporate driverless technology. With the increase of driverless technology now becoming available in more brands than just Tesler, Australian state governments are now being forced to change the laws around driving to incorporate the latest "auto-drive" technology. Laws such as needing to have your hands on the wheel at all times, will need to be updated to allow for cars that can drive themselves and do not require the person in the drivers seat to have ...control of the steering wheel at all times. In April, South Australias parliament passed the first legislation allowing driverless vehicles to be tested on roads after Adelaide hosted the first driverless car trial in the southern hemisphere on its Southern Expressway last November, using a modified Volvo XC90. More on this story: http://www.theaustralian.com.au//7888ba318a554a2f33392d7e7

05.01.2022 New home owner stamp duty discount. If you are preparing to buy your first home, there is good news you should be aware of. http://www.tyler.com.au//new-home-owner-stamp-duty-discou/

05.01.2022 The 3 best rooms to renovate for maximum return. After you have swapped contracts, settled on a property and decided to renovate rather than knock down and rebuild, the next question you need to ask yourself is "where is my money best spent?". There are many reports on the best room to renovate for a great ROI and some say high end appliances, great entertaining spaces and even beautifully landscaped gardens with a pool will see a good return. But, according to people who do ...renovations professionally, there are 3 rooms that will more than double the money you spent. 1. The Kitchen. Melbourne renovator Tom Hall, says the kitchen of almost any property will return the best bang-for-your-renovation bucks when it comes time to sell. You will pay $15K-$20K for a top end kitchen, $10K-$15K for a very good kitchen but you could expect a return of three times minimum on that spend. It is your homes highest traffic area and everyone really wants that open-plan flow to an impressive-looking kitchen." 2. The bathroom. Experts, including Justin Lilburne from JPP Buyers Advocates who renovates in his spare time, say updating a bathroom can potentially add sizeable value provided its bath, shower and toilet remain in their original locations. If you dont have to move these fixtures pipes you could save a lot of money and get maximum return on your renovation. A quick update could be done for $5,000-$10,000 and the return on investment would be $30,000-$40,000, Lilburne says. 3. The Front Yard. According to Cathy Morrissey, of The Reno Chick. Cathy recently spent $6,000 cosmetically refreshing the front of an investment property in Sydney. She says the 35-day paint-and-gardens project made her $105,000 profit. Paint the fence if you can and get the front yard looking really neat because that will get people in your front door. Make that positive first impression and you dont need to spend a lot of money to do it. If you have less than $500, Morrissey suggests you: Buy some new plants and flowers Mow the lawn Clean the concrete Remove rubbish Prune existing foliage Add some fresh mulch Paint the front fence Further information can be found at: http://www.realestate.com.au//whats-best-room-renovate-be/ However, before you start shopping for bench tops and bathroom fixtures, its important to make sure the property is structurally sound, is up to date with council rates, has no tricky easements that could put future buyers off and the contract for sale works for you. Contact Tyler & Co today for stress free, thorough legal advice. 02 9966 1799

04.01.2022 When a company is confronted with a downturn in business, it can be a very difficult time for both employers and employees. As part of ensuring the financial viability of the business employers are often forced to consider reducing workforce size by way of forced or voluntary redundancies. But, its not always the case that an employer needs to resort to redundancies to reduce its wages costs. In a recent decision of the Fair Work Commission (FWC), an employer was praised for... its efforts to retain staff during a difficult period. In that decision (Adam Piggott v Wellpark Holdings Pty Ltd T/A ERGT Australia [2016] FWC 3188), the employer engaged with staff to discuss with them the financial difficulties the business was facing and asked them to accept a 10% pay cut to save the business and to save jobs. Most of the workforce agreed to the temporary pay cut in 2015 and had their full pay restored by 7 March 2016 when the business had recovered. http://www.tyler.com.au//reducing-staff-costs-rather-than/

04.01.2022 Woolworths escapes paying $2.75million in fines for breaching the Anzac Day trading restrictions. It is well known and respected that on our national day of remembrance, trading hours for retailers are restricted. However, Woolworths allowed its staff to start work on a "volunteer" basis, prior to the legal 1pm trading time. After conducting an investigation, NSW Industrial Relations has let Woolworths off the hook on the basis that it was not given clear advice advice by NS...W IR. NSW Industrial Relations executive director Vicki Telfer said I have been informed by Woolworths that it relied on the advice and permitted some staff to work in a number of stores, albeit on a volunteer basis, before 1pm on Anzac Day. I have been informed by Woolworths that it relied on the advice and permitted some staff to work in a number of stores, albeit on a volunteer basis, before 1pm on Anzac Day. Ms Telfer said in view of the unclear advice provided by her department, it has been decided that no further action will be taken with respect to any breaches of NSW retail trading laws in this instance. http://www.news.com.au//n/f6b74b1ce0139a7213cf6f83bfbb0c51

03.01.2022 BMW fined $391,000 for irresponsible lending. Luxury car brand BMW has been found to have lent money to customers that could not afford to repay the loans, leading to a high incidence of repossession of vehicles. http://www.tyler.com.au//asic-fines-bmw-391000-for-irresp/

03.01.2022 How Family Trusts can earn you and your family thousands. A key benefit of having a family trust is that the trustee generally mum and/or dad gets to decide each year on the distribution to beneficiaries of income earned by the trust so that minimal tax is paid. Read more: http://www.afr.com//the-benefits-of-family-trusts-and-how- ... Follow us: @FinancialReview on Twitter | financialreview on Facebook See more