SKM Lawyers, Sherine Metry in Bankstown, New South Wales | Divorce & Family Lawyer

SKM Lawyers, Sherine Metry

Locality: Bankstown, New South Wales

Phone: +61 1300 714 749

Address: Suite 63, 3-7 Featherstone Street 2200 Bankstown, NSW, Australia

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

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24.01.2022 SISTERS DISPUTE MOTHER'S WILL A recent case of Jodell v Woods before the NSW Supreme Court: A 99-year-old mother, Clarice Winifred Woods, left her 73-year-old daughter Winifred Ann Jodell out of her will, leaving the entirety of her $2 million estate to her 66-year-old daughter, Helen Jean Woods.... The elder sister had been estranged from the mother for much of her life, yet she successfully challenged her younger sister for a share of the estate on the basis of a family provision order, arguing that her mother's will left her with inadequate provision for proper maintenance in life. Despite a claim by the younger sister that she had a right to be sole beneficiary of her mother's estate because her elder sister was estranged from their mother, Justice Phillip Hallen found the estrangement did not completely negate Ms Jodell's need for financial help. Justice Hallen awarded the elder sister $425,000 from the estate for her ongoing expenses. The fact that the elder daughter had been estranged from the mother did not mean that she could be cut out of the mother's estate if it could be established that she needed support that would normally be expected to come from a deceased parent's estate. Under part 3.2 of the NSW Succession Act 2006, a person can make a family provision order from an estate to provide for "maintenance, education or advancement in life of an eligible person". Please contact us for more legal advice concerning contesting wills and we will be pleased to assist you. Disclaimer: SKM Lawyers prepared this article. It is intended to provide general information. The contents do not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought. Written by Sherine Metry

23.01.2022 A family Provision Application that persisted through 25 years of Separation It’s not a family feud, it is in fact a case of an ex-wife who vowed she would make "what was left" of her ex-husband's "wretched life not worth living". Lodin v Lodin; Estate of Dr Mohammad Masoud Lodin [2017] NSWSC 10 is a bizarre matter where a former wife had made a Family Provision Application is respect of the estate of the deceased. Due to the fact the deceased died intestate, without a will, ...the distribution of his estate was determined according to the rules set out in s127 of the Succession Act 2006 (NSW). That is, his daughter was to receive his entire estate. Ambitious to acquire a percentage of the estate, the Applicant did so with full knowledge that the deceased was without a Will. Nevertheless, she was awarded $750,000.00 by the courts. On what grounds was she considered eligible for a claim in the estate? The applicant submitted that the deceased engaged in an improper sexual relationship with her and it is through this misconduct that has caused her psychiatric injury. She claimed that the extent of her injury was so detrimental that an amount of $1,000,000 should be awarded. The court not only considered the serious impact the relationship and breakdown had on the Applicants life, but also noted that she indirectly contributed to the deceased’s estate. Moreover, they considered the substantial nature of the estate, financial needs of the Applicant and the mere fact that the daughter did not object to the application. Justice Brereton concluded that an arrangement that left the Applicant in circumstances of considerable need, reliant on a social security pension, whilst the daughter she raised inherits in excess of $5,000,000 is unbecoming. As such, the court granted a legacy of $750,000 to the Applicant in order to acquire a reasonably appropriate home, have living expenses and have contingency fund. This remarkable decision in the NSW Supreme Court demonstrates the importance of getting expert legal advice on drawing up a will to ensure that your estate goes to the people you want it to go to. Unsure where to start? Contact us on 1300 714 749 to learn more about Wills and to get answers to your legal questions. Disclaimer: SKM Lawyers prepared this article. It is intended to provide general information. The contents do not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought. Written by James Miotto

22.01.2022 SKM LAWYERS IN HEADLINE NEWS DEFENDING LARGEST ALLEGED CHILDCARE FRAUD CASE ON RECORD https://www.smh.com.au//5-4-million-in-taxpayer-funds-clai

21.01.2022 Personal guarantees Not always guaranteed? Personal guarantees made by company directors, in support of the company and its operations, may in certain circumstances be invalid and unenforceable. Companies that hold insufficient assets and have breached their respective obligations may look to sue on the personal guarantees of company directors, in view of discharging such obligations.... However, personal guarantees may not always be enforceable. Some of the circumstances that give rise to an unenforceable guarantee include, and are not limited to: Failure to pinpoint the specific terms and conditions of the guarantee; Unclear and ambiguous references to the specific obligations being guaranteed. Where there has been no or an inadequate implementation of processes surrounding the guarantor’s signature of a guarantee and/or any relating terms and conditions; Failure to properly record the entering of the personal guarantee. In the case of Toyota Motor Finance v Gardiner [2016] NSWCA 162, Toyota were unsuccessful in their attempt to enforce a company director’s personal guarantee, which they alleged was made by the defendant Mr Gardiner. The District Court and, subsequently, the NSW Court of Appeal held that the defendant’s alleged personal guarantee was unenforceable because of the lack of proof indicating that the defendant received and consequently agreed to the guarantee, ultimately otherwise rendering him a guarantor. In reaching its decision, the NSW Court of Appeal rejected Toyota’s argument; namely, that standard practice required and thus proved that the document of terms and conditions, which allegedly contained the guarantee, was naturally provided to the defendant. This, the Court held, was especially the case given that these terms and conditions, advanced as evidence, were clearly not ones that the defendant would have signed. Want to find out if a personal guarantee is valid and enforceable? Contact SKM Lawyers and let our experienced and dedicated legal team guide you. Disclaimer: SKM Lawyers prepared this article. It is intended to provide general information. The contents do not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought.

18.01.2022 Director Personal Guarantee A company director that signs a guarantee to support or guarantee the obligations of a company means that the director will be personally liable for the company's debt, obligations and commitments if that company is unable to meet its obligations. Personal guarantees are given by directors of companies quite routinely, especially for small to medium size businesses that manufacture or supply products. If you lease business premises, personal guaran...tees are often a mandatory requirement from the landlord. If the business has ongoing accounts with their suppliers to provide materials on credit for the business, the directors of the companies are often required to provide personal guarantees to their suppliers. In most instances, these businesses will not be able to trade smoothly without having the personal guarantees in place. When a director resigns, perhaps in the situation where that director sells their share in the business or if the company is put into liquidation, whether voluntarily or involuntarily, their personal liability does not automatically cease. This issue can sometimes be overlooked and the directors in question may not know that they are still "on the hook" until (for example) they are called upon to honour a payment. In most cases, unless it is specifically provided, the creditor does not have to pursue the company first. Given that the provision of personal guarantee may be unavoidable, here are some tips to minimise exposure on the part of the director (remember these tips are not exhaustive and should not constitute legal advice): 1. Limit the dollars figure of the personal guarantee; 2. Limit the duration of the personal guarantee; 3. Negotiate the terms of the personal guarantee. Have an issue or enquiry regarding this matter? Contact SKM Lawyers and let our experienced and dedicated legal team guide you. Disclaimer: SKM Lawyers prepared this article. It is intended to provide general information. The contents do not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought.

16.01.2022 WHAT YOU NEED TO KNOW ABOUT BAIL? If the police refuse to give you bail, they are required to take you to court as soon as possible so that you can make an application for bail to the court. Will I get bail?... In order for the court to give you bail, it must assess: Whether you need to show cause If the court determines you must show cause then this means you must satisfy the magistrate as to why locking you up is not justified. Bail concerns The court must also consider: Your background and criminal history; Nature and seriousness of the offence; Whether you will attend court when you are required; Whether you will commit serious offences; Whether you will endanger any person in the community; Whether you will interfere with any witnesses or evidence; and Any other factor the court considered relevant. If the court is not concerned with any of the above matters then they may give you bail. Will my bail be conditional? The below are examples of conditions that may be imposed on your bail: Report to Police daily, weekly, etc Live at a certain address Give up your passport Not associate with certain people Not go within a specific distance of certain places Obey a curfew Agree to submit to breath tests How long will my bail last? Bail will last until your court case in finalised. What if my bail is refused? If you have been refused bail then you can only ask for bail again in the same court if: You were not represented by a Solicitor the first time you asked for bail; You have new information that would impact the courts assessment; You are under 18 years of age and the last bail application you made was on the first appearance of your offence If your bail is refused then you may choose to apply to the Supreme Court to give you bail. Please contact us for further legal advice on criminal matters

12.01.2022 SEPARATION AND WHAT TO EXPECT FROM FAMILY COURT PROCEEDINGS: Proceedings for property division under the Family Law Act 1975 are a last resort for most couples.... Small asset pools - that is, those under $500,000 - should not go to court. Average costs of a matter that goes to a two-day hearing are in excess of $35,000 for each party. It can generally be expected that the time frame for final hearing of a matter is not less than 12 months from the date of filing the initiating documents. In many cases (especially cases in the Family Court), it can be significantly longer. It is in the client’s interest to avoid commencing proceedings which can irretrievably damage on-going relationships, particularly where there are children. Settling saves the client stress, delay and costs. The alternatives of negotiation and compromise are a matter of judgment and advice provided by the legal practitioner. If parties are able to reach a solution without court proceedings, it is vital for practitioners to discuss with clients the options for documenting the agreement reached (Consent Orders or a Binding Financial Agreement). Legal practitioners ought to also discuss with the clients the ramifications if parties give effect to a property settlement without documenting the agreement by way of a Binding Financial Agreement or Consent Orders. If the matter does go to court because of complex business interests, hotly disputed contributions to very large assets pools or the intransigence of one party that would entail further costs and delays. Please feel free to contact us for legal advice. Written by Sherine Metry

07.01.2022 BUYING A BUSINESS Buying a business is a highly complex process and thus, as a buyer, you may find yourself asking questions such as ‘How do I purchase this business?’ ‘How do I know that the business is positively positioned?’ ‘What price do I offer for the business?’ ‘How can I minimise risks?’ This article will explore and discuss the general procedure, issues and benefits of having a professional advisor assist you with a purchase of a business.... Firstly, you need to consider the best business structure and within such, you need to determine liability limitations and tax implications. Choosing the correct structure is pivotal in any venture, it cannot be impulsive, it requires consultation with your lawyers and accountant. Goodwill is at the heart of every successful business. To protect goodwill, your solicitor will negotiate the insertion of a ‘Restraint of Trade’ (ROT) clause or deed within the Contract. Without the use of such a clause, you will be exposed to the threat and potential of the previous owner opening the same type of business and use the confidential information of customers to poach your customers. In dealing with a current or new lease, there are various terms and risks that should be considered prior to execution of the Contract. These are just a few matter to consider: 1. Options; 2. Does the nature of the premises permit business activities; 3. Duration of the lease; 4. Refurbishments obligations; 5. Outgoings It is important that these considerations are addressed comprehensively, by your solicitor. Due diligence by the potential purchaser during the acquisition procedure, is arguably the most important and the most decisive factor in determining whether to purchase a business, or at least for the purchase price requested. As such, it is necessary to consult a solicitor who will advise you of what to look for and what needs to be examined by the accountant. SKM Lawyers are professionals in commercial transactions and will guide you through the process, step by step and ensure confidence and transparency. Disclaimer: SKM Lawyers prepared this article. It is intended to provide general information. The contents do not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought.

07.01.2022 The finality of final parental orders: How final parental orders may be changed? Ever heard of the common phrase people change? Well, so do families. Parents are never certain of what the future holds. This frequently means that parenting arrangements, outlined in final parental orders, become quickly outdated. The question that therefore arises is: what can be done about this? Specifically, can such orders be altered? Altering final parental orders:... The first and easiest step to altering a final parental order is through an agreement between the parties to that order. However, as is mostly the case, such agreements may not be possible. This leaves one alternative; namely, the Rice & Asplund Rule, as recently expounded upon by the Full Court of the Family Court in Searson & Searson [2017] FamCAFC 119. The Rice & Asplund Rule establishes that, the court will only reassess a final parenting order between parents (whether executed by agreement or through a court judgment) when the applicant demonstrates that there has been a significant change in the circumstances that were initially present, and consequently relied upon, in making the original parental order. In Searson & Searson, the Full Court of the Family Court held that courts will consider whether the underlying basis and conditions, upon which the initial order was made, have changed or ceased to exist as well as the extent of this. Accordingly, in Searson, a mother’s wish to relocate away from Melbourne to accompany her partner in South-East Queensland, constituted a sufficiently significant change to the foundation upon which the initial parental orders were based, thereby enabling the court to alter the parental orders. The reason for this, the Court held, was that the parental orders were built upon the assumption that both parents lived nearby and were hence both capable of assuming parental responsibility. According to the Court, this significant change could not have otherwise been envisaged when the initial parental orders were made. Have a query regarding parental orders? Contact SKM Lawyers and let our experienced and dedicated legal team guide you. Disclaimer: SKM Lawyers prepared this article. It is intended to provide general information. The contents do not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought.

05.01.2022 Requirements for a Will Why is it important to understand the requirements for preparing a Will? If a Will is poorly prepared, it will inevitably be burdened by additional costs when an application is made to the Supreme Court to obtain a Grant of Probate or Letters of Administration. ... What impact has technology had on the validity of Wills? Problematic situations can arise where, due to our increased use of technology, the administration of an estate incurs prolonged costs and delay. This was seen quite recently where the Supreme Court of Queensland was asked to determine whether a Will prepared in an unsent text was valid. It is important to consider the ramifications (both financial and legal) of drafting a Will with little or no understanding of the underlying requirements. What are the requirements for executing a Will? The Succession Act 1981 (QLD) provides the following requirements: 1. The Will must be in writing; 2. It must be signed by the testator; 3. The signature of the testator must be made with the intention of executing the Will; 4. The signature of the testator must be made in the presence of at least two adult witnesses; 5. The witnesses must attest and sign the Will in the presence of the testator. The requirements are similar to those of other states, although variations do exist. Contact SKM Lawyers and let our experienced and dedicated legal team guide you with drafting your Will and advising you in relation to your estate planning. Disclaimer: SKM Lawyers prepared this article. It is intended to provide general information. The contents do not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought.