Building & Construction Law
Peter Adams, the Managing Director of Adams & Partners lawyers has been associated with the HIA since 1983. Peter is currently a Panel solicitor for the HIA and recently was asked to give a talk at the HIA Home Show at Darling Harbour on the 16th May 2013 on Client Involvement in the building work.
The following is a brief summary of this paper http://tinyurl.com/ovgoc5g
If you would like the full paper please do not hesitate to contact our office on (02) 4722 6600
From 2006-2013 there have been multiple government enquiries at a State and federal level into franchising. Again in 2013 a Federal enquiry is currently taking place into, among other things, good faith in franchising
If you would like to find out more by please click the link http://tinyurl.com/ckpkhvq
Alternatively if you would like to speak to our Franchise Law specialist please call (02 ) 9261 5015 and ask for Heath Adams
Adams & Partners Lawyers were successful in securing a lump sum payment received out of the estate for the sister of a deceased, who was not included in the deceased’s will, under the Succession Act 2006 (NSW).
More information is available by clicking the following link http://tinyurl.com/czgrrel
Heath Adams of Adams & Partners Lawyers successfully obtained the above orders. Should you have any questions regarding Family Provision Orders, please do not hesitate to contact Heath on (02) 4722 6600.
Workers compensation Law
Widespread changes were made to workers compensation law in New South Wales in June 2012.
One of the many changes has been the virtual abolition of an entitlement to workers compensation benefits where a worker is injured on their way to or from work.
To find out more about these changes please click here; http://tinyurl.com/ae7w7rq
If you have any questions please do not hesitate to contact John Isaksen of our firm.
Criminal Law - Section 32 Mental Health (Forensic Provisions) ACT 1990
Under Section 32 a magistrate can make an order called a section 32 Order. It means you don’t pay a fine or go to gaol, however you have to agree to get some help.
Section 32 is for people with;
- Intellectual disability
- Learners with special needs
- Brain injury
- Mental health problems
The section diverts people from being dealt with under the Criminal Justice System
For more information please follow the below link;
Family Law - Changes to the Federal Magistrates Court of Australia
Changes have been made by the Federal Government to change the name of the Federal Magistrates Court of Australia to the Federal Circuit Court of Australia. The Federal Magistrates of the Federal Magistrates Court of Australia will also become Judges of the Federal Circuit Court of Australia.
For more information please follow the link below;
Conveyancing - Swimming Pools Amendment Act 2012
The Swimming Pool Amendment Bill, currently awaiting enactment, provides that all swimming pools across the state are to be added to a new online registry within 12 months.
Property owners who don’t register their pools within that time frame will face fines of $2,200.00
Safety compliance will also be carried out by councils and private operators at an expected cost of $150.
To read more about this bill please click the below link;
Building Law- Oral Contracts
Peter Adams, Adams & Partners managing director, has had over 30 years experience in Building & Construction law and has recently won a case involving Oral Contracts.
Identifying the need to explain this particular area of law further Peter has created the below paper;
Should you require more information in regards to Oral contracts contact Peter Adams for some professional advice.
Family Law - Family Violence and Amendments to the Family Law Act
Scott Amos, a member of our Family LAw team has written an article on Family Violence and Amendments to the Family Law Act. Scott has a passion for helping families through their difficult times and is always on top of changes in Family LAw and ways in which he can help his clients.
To read Scott's Article please follow the following link;
If you, or your family need any legal advice or assistance please contact the Family Law team at Adams & Partners.
Criminal Law - Definition of Sentencing (Intensive Correction Orders)
An Intensive Correction Order is an order of imprisonment of not more than 2 years made by a Court, which directs that the sentence is to be served by way of intensive correction in the community. An Intensive Correction Order is served in the community under the strict supervision of the Corrective Services NSW.
Michael Kirby, Adams & Partners Criminal Lawyer has prepared the following information to further clarify the above information;
Please contact Mr Kirby at our Penrith office should you have any further questions relating to sentencing or any criminal law issue.
Employment Law - Termination of Employment
With the exception of people who are employed by the State Government, all employers and their employees in New South Wales are now covered by the (Commonwealth) Fair Work Act as the law applies to claims for relief for unfair dismissal or unlawful termination.
John Isaksen, Adams & Partners Employment Law solicitor has prepared the below paper to discuss the qualifying periods, The remedies for each and the time frame in which it must be lodged.
To read the paper in full please follow this link
Commercial Law/Business Law Solicitor wanted
Our Parramatta office requires a motivated Commercial Law/Business Law solicitor with at least 3 years post graduate experience in a private legal practice. This is a new position which will suit a solicitor that is keen to develop a practice within Western Sydney and the potential to become an equity partner in our business.
The successful applicant will need to demonstrate that they have at least 3 years post-grad experience, experience in marketing of legal services, is self motivated and has a desire to become an equity partner.
Interested applicants should forward their resume to email@example.com
Police Powers - Your Rights and Responsibilities
Police are employed by the Government to ensure the safety of the public at all times. The powers of the police range from being able to search and detain people, enter and search premises and seize property and arrest, detain and question suspects.
Joe Mazurkiewicz, of our firm specialises in Criminal law and has prepared the below paper for some FAQ’S in regards to police Powers.
If you have any questions please do not hesitate to contact us on (02) 4722 6600
Retail Leases-Introduction of new landlord disclosure statements
Following a Federal Government initiative to harmonise retail shop disclosure statements, a new disclosure statement has been introduced across Australia's eastern seaboard in Queensland, Victoria and New South Wales.
The Below article, discusses in detail the changes and what is now required from the landlord disclosure statements;
Should you have any questions relating to this please do not hesitate to contact Natalie Ballard of Adams & Partners on (02) 4722 6600
Workers Compensation Law - Changes for Workers Compensation in NSW
A Parliamentary Committee has been established to enquire into the current operation of the NSW Workers Compensation Scheme. Hearings were conducted on the 21st, 25th and 28th of May.
The areas of compensation that are likely to be effected if new changes are brought in are; The abolition of journey claims, A cap on weekly payments of compensation, the removal of a payment for pain and suffering and changing the law that applies to negligence in the work place.
John Isaksen, an associate solicitor of Adams & PArtners lawyers has written the below article in regards to the above mentioned changes and is able to offer a more in depth explanation
If you have any further questions please do not hesitate to contact John at our Penrith office
Criminal Law - Prescribed Concentration of Alcohol
The legal limit for Prescribed concentration of Alcohol, Road side breath Tests and the defences for these can be a very daunting issue to think about.
Michael Kirby, an accredited Criminal Lawyer has created the below article to assist should you find yourself in one of this positions
Should you have any further questions please do not hesitate to contact Mr Kirby or alternatively our office.
Criminal Law - Domestic Violence Orders, Apprehended Domestic Violence Orders & Apprehended Personal Violence Orders
Criminal Law is constantly changing. New Laws, penalties and charges being altered and updated and new procedures being implemented all the time.
Adams & Partners Criminal team recognise this and we are here to assist in any way we can.
As of the 1st of May new practice and procedure has been put into effect in regards to Domestic violence orders (AVO'S) Apprehended Domestic Violence Orders (ADVO'S) and Apprehended Personal Violence Orders (APVO'S). Joe Mazurkiewicz, a director and Criminal Solicitor from our firm has written the attached to shed some light on the situation
Should you have any questions in regards to the above please do not hesitate to contact Joe
Franchise Law - Franchise Contracts and the Franchising Code of Conduct
Heath Adams, a director of Adams & Partners Lawyers has presented a paper at the Lexis Nexus Contracts Conference on Franchise Agreement and the Franchising Code of Conduct
The paper prepared for Lexis Nexus outlines the application of Franchising Code of Conduct and its impact upon contracts in the franchise sector. The paper clearly defines the code of conduct, when the code applies and how the code is incorporated into contracts.
More importantly, the presentation outlines in detail how various aspects of the Franchising Code of Conduct impose various obligations and responsibilities upon doth Franchisee and Franchisor
To read the paper please click here;
If you have any qyuestions please do not hesitate to contact Heath Adams
Adams & Partners Lawyers secure damages for loss of son in alleged street race
Adams & Partners Lawyers were successful in securing an award of damages for a mother whose son died in a motor vehicle accident.
Allianz, the green slip insurer, vigorously defended the claim on the basis that the deceased was a participant in an illegal street race and refused to make any offer of monetary compensation at any stage throughout the course of the legal proceedings.
The matter of Khanafer v El-Ahmed was heard over 5 days in the District Court before His Honour Justice Leatherbarrow.
In a judgment delivered on 23 September 2011, His Honour found that the deceased, who was a front seat passenger in a car, was not a willing participant in a street race and thus the defence raised by Allianz failed.
Adams & Partners Lawyers successful in securing payment of future medical expenses for an injured worker
A new law was introduced on 1 February 2011 which allows an injured worker to seek an order from the Workers Compensation Commission for an insurance company to pay for future medical expenses such as surgery recommended by a treating specialist.
An order for the payment of proposed lower back surgery The matter of Davis v Randstad P/L was heard before Arbitrator Sweeney on 12 September 2011 in what is understood to be one of the first such cases since the new law was introduced.
The injured worker sought an order for the payment of proposed lower back surgery which the employer and the insurer, Allianz, refused to agree to even when a doctor appointed by the Workers Compensation Commission recommended the surgery.
John Isaksen of Adams & Partners successfully obtained the order for the payment of surgery for the worker.
First Home-New Home Scheme
As of the 1 January 2012 First Home Plus will be replaced by the First Home-New Home Scheme.
The new scheme only allows for stamp duty concession on new homes only.
More information about the changes in the Scheme can be found here:
Alternatively, please contact our Property Law team on (02) 4722 6600 for further information.
Regional Relocation Grant
In an affort by the Australian Government to encourage Australian citizens to relocate to the country they have introduced the Regional Relocation Grant.
This is a $7,000 one off payment for citizens that meet the correct criteria.
To learn more about this grant, please click here or contact Alicia Windeisen, one of our licensed conveyancers on (02) 4722 6600.
Is your Will Up to Date?
Although we often assume we have our affairs in order, the below newspaper links evidence the increasing issues arising over the rightful entitlement to a deceased's estate. With the vast change to the makeup of the family unit in modern society, people need to be conscience of their rights to benefit from a deceased's estate and or have their future estate properly established so as to protect their estate from any unwanted claims.