Recent Announcements
From 1 December 2008 heterosexual and same sex couples will be able to register their relationships in Victoria. Victoria is the second Australian state to introduce a relationships registra. The register will be operated by the register of Birth, Deaths and Marriages. The registrar is a welcomed development given that it removes some discrimination experienced by same sex and unmarried couples, who under the current law often are required to prove their relationship to sustain such benefits as superannuation claims and life insurance claims. Deputy Premier and Attorney General Rob Hulls has stated "now people who register their relationship will be able to access their entitlements by providing one certificate as conclusive proof instead of having to prove repeatedly that they are in a committed relationship". Unmarried and same sex couples should now consider whether a cohabitation agreement is necessary to define their property rights.
Same Sex Discrimination Proposed Legislation
Attorney General Robert McClelland recently stated that legislation to remove same sex discrimination from a wide range of Commonwealth Laws will be introduced in the winter sittings or Parliament. The changes will remove discrimination in a number of areas such as superannuation, social security, tax and veterans' entitlements. It is expected that the changes will be implemented by mid 2009. Regular updates with respect to the passing of the legislation will be provided.
Caveats are a useful notice and warning to other parties that you have an interest in certain real estate that cannot be recorded immediately for example as purchaser of the land not settled, loan secured by mortgage not registered, constructive trust based on an express or implied agreement with the owner, etc. Caveats unlike a mortgage do not give the caveator a right over the land. To enforce any right you need to register a transfer of land, register the mortgage, obtain a court declaration that your equitable interest be recorded with the title amended to reflect your interest.
Caveats can be removed by notice under the Transfer of Land Act, by order of the Court or sale by mortgagee. In some cases when the Caveator claims an equitable interest only an application to the Court will remove the caveat. When a caveat is removed it cannot be registered again. Where the Court orders a caveat to be removed the caveator is ordered to pay costs. Whilst the cost to lodge a caveat is nominal the Court costs today are closer to $50,000 by the time both parties have argued their cases in Court. Caveats should be used wisely and with due respect for your rights and the law. Nicholas O'Donohue & Co successfully acted for a mortgagee to strike out applications being made to restrain a mortgagee sale by caveators. Significant cost orders were made in October against the caveator. Contact us for further advice.
- "disability trusts have a government concession that is exempt from the usual means test"
Parents wishing to provide for their disabled children should consider using special disability trusts which are now available in the form of -
. a deed made during the parents lifetime or
. by will which is effective on the death of the parent.
Unlike the normal private trust, a special disability trust has a government concession whereby $500,000 is exempt from the usual means test applied to private trusts. There are certain conditions that apply to special disability trusts but generally the requirements are in the best interests of the disabled person and funds on death of the disabled person can be allocated to other beneficiaries.
Ms Joanne Randello from Nicholas O'Donohue & Co says these trusts recognise the burden to parents with disabled children. Parents who previously created these trusts in their wills can now set up these trusts during the lifetime of their children, participate in their management during their lifetime and appreciate their child is getting the maximum benefit.
Other trusts are available in different versions to suit the individual situation and legal advice should always be obtained. Contact us for further advice.
- "Upgraded accounting systems allow clients to inspect their own financial records"
Nicholas O'Donohue & Co continues the lead in maintaining a competitive edge. In 1963 it was the first legal office to have a mechanised accounting system and in 1985 the first legal office to be fully automated with email, accounting and word processing for all staff. It continues to take advantage of all electronic improvements and recently upgraded its accounting system to AXIOM which will allows clients to ultimately inspect their financial records, see information on their current matters contents of their safe custody deed packets and pay their accounts on line. Since 2005 the practice has been working with Interlegal in the development of electronic files and after a successful pilot period with our automated mortgage documentation for a major finance client will the practice will be 'electronic' from January 2008. Nicholas O'Donohue & Co anticipates that this new system will rapidly increase productivity levels. During 2007 we have upgraded our entire computer system in anticipation of the demands required to handle electronic files. We encourage clients to use email to communicate with us in all dealings in preference to mail or facsimile. Contact us for further advice.
- "value added safe document storage for all clients of the firm at no charge"
Clients of Nicholas O'Donohue & Co have access to their own safe custody packet to store their wills and valuable documents in a secure fire rated vault under
constant surveillance. This is a free service to clients of the practice. Contents of safe custody packets accessed after 1 November 2007 are now scanned for additional security and convenient access by clients and staff without vault access. Your safe custody packet awaits your request. Contact our client services manager for assistance. Contact us for further advice.
- "Winning FeeŽ agreements allow the client to retain the firms service at no cost in some litigious areas"
Nicholas O'Donohue & Co does not accept referrals from legal aid or other pro bono schemes because these services usually result in the client paying more than a client would pay. These services usually force the client to accept sub standard results due to limits placed on work to be performed and potential conflicts of interest in receiving government contracts based on the amount of pro bono time spent by our lawyers.
Our services are affordable and have been supplemented with Winning Fee® agreements that allow you to retain our service at no cost in some litigious areas. Our directors also provide their services to not for profit schemes on either a no fee basis or that its own charity, the NODCO Foundation whom donates an amount equal to the fees paid by the Charitable Foundation. We continue to work in the community providing retirement talks, business work shops and succession planning sessions for clients and members of the community.