Real estate investment is a popular decision amongst many Australians for several reasons including, but not limited to:

However, to maximise the potential of your property investments, whether you own a single investment property or a diverse portfolio, obtaining a property valuation can offer significant advantages.

The Benefits of Property Valuation

The primary purpose of a property valuation is to calculate the property’s value based on current property market evidence and variables.

A precise market value estimate is crucial for determining key financial figures including ‘rental yield’ and ‘capital gains tax.’

Additionally, when applying for loans or mortgages, having an accurate appraisal may help you unlock broader financing options from banks and other lenders.

It is important for all prospective investors to conduct thorough due diligence before finalizing their property purchases.

Pre-purchase valuations can provide property investors with essential information including insights into current market trends, comparable property data and upcoming local infrastructure developments, thus helping them to make more informed investment decisions.

For investors planning to subdivide or develop property or land, customizable property valuation reports can be generated.

These can assess the property’s present value or project its future value, depending on the intended development proposal/s.

Subsequently, these reports can inform critical budgeting considerations and effectively evaluate the feasibility of proposed projects.

A legally certified valuation report can serve as an important document across a range of property-related legal matters, such as settling an estate, resolving a property dispute, or calculating property taxes.

How Can You Get Your Property Valued?

Though various ‘online tools’ and ‘service providers’ can offer property appraisals, they may not provide legally certified reports, limiting their applicability in tax disputes or legal proceedings.

Consequently, to ensure greater accuracy, transparency and impartiality, a Certified Practising Valuer (CPV) accredited by the Australian Property Institute (API) should instead be consulted.

Our firm works closely with a broad network of CPVs and can help you obtain an accurate, legally certified property valuation.

 

If you or someone you know wish to discuss this issue further, or seek legal advice over  your property matter, please do not hesitate to contact us on 02 8999 9809.

Although Artificial Intelligence (AI) and the Law have intersected for over three decades, recent advancements in AI and Machine Learning (ML) including the emergence of AI Legal Chatbots (from 2016) and the launch of novel Generative AI models like ChatGPT (from late 2022) have significantly transformed the scope and scale of AI Adoption in legal practice.

Examples of AI Usage:

Preliminarily, we must note that AI’s primary purpose is to augment, rather than fully automate tasks. Thus, AI is designed to assist, not replace, legal professionals, enabling them to perform specific tasks more efficiently and accurately.

For instance, AI tools can automate simple routine tasks including timekeeping and billing, whilst supporting critical research tasks, by providing lawyers with important information and insights to effectively draft essential documents and prepare for litigation.

Some tools offered by ‘search providers’ include ‘semantic search’ (to locate pertinent documents) and ‘passage level retrieval’ (to pinpoint and extract portions of documents).

Similarly, ‘e-discovery’ processes have used ‘classification’ (an ML practice) over the past two decades to effectively automate document review.

Contemporarily, AI Chatbots are useful for lead generation, efficiently collecting key information from clients about their legal disputes, thus enabling lawyers to analyse their circumstances and take prompt action (upon acquiring proper instructions).

Generative AI, like ChatGPT may be utilised as an invaluable research tool, drastically simplifying the process of legal research and citation.

The Benefits of Using AI:

  1. Enhanced Efficiency

AI tools streamline legal research and enable rapid draft (e.g. contracts and agreements) generation, with clear, concise language. Subsequently, they can enable significant time savings for lawyers, whilst reducing the risk of human error when used appropriately.

This, in turn, allows law firms to deliver quicker, more accurate responses to client needs.

  1. Greater Cost Reductions

Through this substantial time save, client costs may also be significantly reduced (lower billable hours). Clients thus receive greater value in proportion to their spending.

However, legal departments have also witnessed cost savings, as demonstrated by the Association of Corporate Counsel (ACC) and Everlaw report titled: Gen AI and Future Corporate Legal Work: How Ready Are-In House Teams?

The report outlines that ‘through using GenAI… 25 percent… of law departments… experienc[ed] cost savings on operational expenditures’ while ‘58 percent… expect[ed] a reduced relance on outside legal service providers.’

This effectively demonstrates how AI assistance has not only bolstered the internal operational efficiency of law firms but also reduced the need for external legal assistance, thus catalysing greater cost-effectiveness.

  1. Enhanced Access to Justice

Where properly regulated, AI can grant individuals who can’t afford legal representation, an opportunity to access justice. It also enables them to logically structure their arguments in a concise fashion for appropriate court presentation.

Notably, a plaintiff awarded more than $85,000 in damages following a motorbike crash, utilised ChatGPT to bolster the organisational structure, accuracy and language of their legal submissions.

The Risks of AI:

  1. Learning and Focus Risk

‘Learning risk’ may be encountered where the legal profession is unable to adequately integrate AI within its operations, thus falling behind emerging technologies that are widely publicly accessible.

Conversely, ‘focus risk’ may transpire where firms become overly reliant on AI, causing a decline in the quality of traditional legal service provision which requires lawyers’ professional experience (i.e. their ability to tailor innovative and versatile legal solutions).

  1. Data Inaccuracy

Generative AI such as ChatGPT rely on data inputs that power their training and learning processes. Subsequently, contemporarily available Generative AI chatbots have been evidenced to provide inaccurate legal information and should be verified by qualified legal professionals prior to being utilised in legal proceedings.

Notably, a Melbourne Lawyer was recently referred to the Victorian legal complaints body (Victorian Legal Services Board and Commissioner) for inappropriately relying on an AI-generated (via Leap’s software) case citation list. This catalysed the adjournment of a hearing, particularly as the information’s accuracy had not been verified.

Irrespective of the benefits of AI, legal professionals have an ethical obligation to verify the integrity of this AI-generated data and should be consulted where individuals doubt its accuracy.

  1. Data Privacy Concerns

ChatGPT retains unresolved data privacy concerns, as any client data entered may be subject to unauthorised access via data breach or cyber-attacks.

OpenAI (the company behind ChatGPT) has entered over 300 billion words from various online sources to train the system, some of which include personal information acquired without consent.

Thus, where engaged it is imperative for law firms to be especially cautious of its privacy implications and implement the appropriate safeguards to protect client data.

If you or someone you know has experienced any legal issues over AI-related matters or have had your data tampered with, then please do not hesitate to contact us on 02 8999 9809.

If you're going overseas to get married, then you would not be able to apply for a marriage certificate in Australia until that marriage was attended by an authorised Celebrant. Generally, overseas marriages are recognised in Australia if the marriage is recognised in the country where it took place and it fulfils the requirements of a valid marriage under the Marriage Act 1961. The requirements for a valid marriage under the Marriage Act 1961 are as follows:

Taking an example, requirements of a valid marriage in India under the Hindu Marriage Act 1955 are similar to the requirements mentioned above apart from the one, that the bridegroom must have completed the age of 21 and bride completed the age of 18 years at the time of marriage.

However, requirement under the Hindu Marriage Act 1955 for solemnization is not based on registration, and rather, under Section 7 is based on rites and ceremony which includes Saptapadi (taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken. Further, Section 8 mentions that the validity of any Hindu marriage shall in no way be affected by the omission to make the entry in a register of marriages.

Hence, in the event where a Hindu couple validly married in India arrives in Australia without a marriage certificate could have trouble proving their marriage under Section 88G of the Marriage Act 1961, where prima facie evidence required is a document in the form of a certificate, record or entry of marriage issued by an authority of that Country. Having trouble proving your marriage in Australia then please get in touch with us.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

 

Under the Australian laws, the paramount consideration shall be given to the best interests of the child which means to ensure that children’s interests are preferred over those of any other party, for example, proper parenting to help them achieve their full potential, and to ensure that parents fulfil their duties regarding care, welfare and development of their children.

With respect to parenting orders and child relocation the court must consider the following factors when assessing what is in the best interests of a child under section 60CC of the Family Law Act:

However, the court may deny a request to relocate, if the motive for relocation appears to limit the other parent’s access to the child. The above factors are to be considered alongside any history of family violence, abuse or neglect involving the child or a person caring for the child. Any family violence orders that apply must also be considered.

However, in many instances the competing interests of the disputing parents may eclipse the best interests of the child. Holistically, the best interest of the child is that the separation and divorce proceedings shall be determined peacefully and as expeditiously as possible so as to maintain the parental focus towards the child’s development and growth. Please get in touch in case you are concerned about your child’s best interest with respect to a family law issue.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

If you're going overseas to get married, then you would not be able to apply for a marriage certificate in Australia until that marriage was attended by an authorised Celebrant. Generally, overseas marriages are recognised in Australia if the marriage is recognised in the country where it took place and it fulfils the requirements of a valid marriage under The Marriage Act, 1961. The requirements for a valid marriage under The Marriage Act, 1961 are as follows:

Taking an example, requirements of a valid marriage in India under The Hindu Marriage Act, 1955 are similar to the requirements mentioned above apart from the one that bridegroom must have completed the age of 21 and bride completed the age of 18 years at the time of marriage.

However, requirement under The Hindu Marriage Act, 1955 for solemnization is not based on registration and rather under Section 7 is based on rites and ceremony which includes Saptapadi (taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken. Further, Section 8 mentions that the validity of any Hindu marriage shall in no way be affected by the omission to make the entry in a register of marriages.

Hence, in the event where a Hindu Couple validly married in India arrives in Australia without a marriage certificate could have trouble proving their marriage under Section 88G of the Marriage Act 1961, where prima facie evidence required is a document in the form of a certificate, record or entry of marriage issued by an authority of that Country. Having trouble proving your marriage in Australia then please get in touch with us.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

A Binding Financial Agreement is a necessity not a choice - A stark difference between family law in Australia and India with respect to division of property between a couple on separation or divorce

Family law in Australia is in stark contrast to family law in India as a result of law based on personal laws in India and not on common law. For example, in India, a Hindu wife and husband could own their properties separately throughout the marital relationship, including separation or divorce. Particularly, Section 14 of the Hindu Succession Act 1956 clearly codifies that property of a female Hindu is her absolute property, including both movable and immovable property. The only liability which could arise on separation in India, in relation to Hindu couple, is maintenance.

At common law, once married, a husband and a wife become one entity and so do their properties; termed as a property pool/matrimonial asset pool.  Unfortunately, even inheritance and gifts are not protected assets. On separation and divorce, the Courts in Australia, for the division of properties, treat each case differently depending upon the circumstances of the parties such as each party’s financial contributions to the relationship, duties of each party, and the ongoing and future financial needs of each party. Though the proportion in which the division of asset pool would be made depends on many factors such as timing of inheritance/asset received/earned before, during or after the relationship/marriage; whether the asset was being used jointly during the relationship/marriage or it was kept separate; size of inheritance/assets; in case of will or gift, the intention of the testator or benefactor; any contribution of the other partner towards the asset to enhance its value or convert it into something of use, for example, an old apartment renovated using partner’s funds for renting purpose.

Entering into a binding financial agreement with your partner before marriage or even during marriage is the best option to prevent your assets from being considered a part of the matrimonial asset pool. For a binding financial agreement to be legally binding, it is essential to have consent of the other partner and that the partner must have received an independent legal advice from a lawyer. Though a binding financial agreement may or may not stand its test in a Court but it is always better if a professional lawyer has drafted it so as to make sure that each factor is taken care.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

What is a Director Penalty Notice?

Directors of a company are responsible for ensuring that the company complies with its tax and superannuation obligations, such as ‘pay as you go’ withholding tax (PAYGW), net Goods and Services Tax (GST) and Superannuation Guarantee Charge liabilities (SGC).

The ATO may choose to recover the unpaid amounts from either the company directly or from the directors personally by issuing a Director Penalty Notice (DPN).

Therefore, as a director, if your company fails to meet the above obligations and lodge its returns accordingly within the due date, you will be held personally liable for your company’s tax debts. If a company has more than one director, the ATO may in its discretion recover the company’s unpaid amounts from each of the directors equally.

 

When are you likely to receive a DPN?

DPN liability is triggered in two different scenarios:

  1. Where your company has lodged its Business Activity Statements (BAS), Instalment Activity Statements (IAS) and/or SGC statements within 3 months of the lodgement due dates and have reported the unpaid amount of PAYGW, net GST and/or SGC; or
  2. Where your company has lodged its BAS, IAS and/or SGC statements and reported the unpaid PAYGW, net GST and/or SGC amounts to the ATO after more than 3 months after the lodgement due date, or
  3. Where your company has failed to lodge and report the unpaid PAYGW, net GST and/or SGC amounts for more than 3 months after the lodgement due date.

 

What should you do when you receive a DPN?

In case of the first scenario above, you will have a 21-day window to comply with the Notice by either:

  1. paying the specified penalty amount in full,
  2. negotiating a payment plan with the ATO to settle your company’s outstanding debts,
  3. appointing an administrator or small business restructuring practitioner to the company as per the Corporations Act 2001 provisions, or
  4. appointing a liquidator to wind up your company.

In the second and third scenarios above, you will be required to remit payment of the unpaid amounts in full in order to comply with the penalty notice.

 

New Directors and Resigning Directors are not Exempted

If you are a newly appointed director, you will still be liable for director penalties on your company’s unpaid tax amounts that were due before your appointment, unless you ensure that your company does the following within 30 days of your appointment:

  1. pays its debts in full for PAYG withholding, net GST from 1 April 2020 and SGC from 1 April 2012;
  2. appoints an administrator or small business restructuring practitioner under the Corporations Act 2001 provisions; or
  3. your company commences winding up.

Kindly note that even if you resign as a director within 30 days of your appointment, you will not be absolved of your liabilities as a new director.

Similarly, resigning directors will continue to remain liable for directors penalties in relation to their company’s outstanding tax liabilities that were due and payable before their date of resignation. In case of liabilities that arise after the date of resignation, you, as a resigning director, will continue to remain liable, if the first withholding event (for PAYG withholding and GST) and/or the SGC for the reporting period occurs or becomes payable before the date of your resignation.

How is it enforced?

In the event that you fail to comply with the notice within 21-day period specified above, the ATO will commence recovery actions against you for the company’s unpaid tax debts. This may be done by either:

  1. issuing a Garnishee Notice,
  2. off-setting any of your personal tax credits against the director penalty amounts, or
  3. by initiating legal debt recovery proceedings against you for the unpaid overdue amounts.

 

Defences

As a director, you will not be personally liable for a DPN if you can establish one of the following defences:

  1. Illness: If the director not take part, and it would have been unreasonable to expect the director to take part, in the management of the company during the relevant period due to illness or another acceptable reason; or
  2. All reasonable steps: If the director took all reasonable steps to ensure that the Company:
  1. Reasonably Arguable Position: This defence applies in the case of unpaid SGC liabilities, wherein the company treated the Superannuation Guarantee (Administration) Act 1992 as applying in a way that could be reasonably argued, was in accordance with the law, and took reasonable care in applying that Act.

The courts have held that a defence must cover the entire period that the director was under an obligation to ensure that their company’s liabilities were paid, including the period of the breach, due date, and expiry of the notice. Furthermore, a defence will not be valid if the director relied on others to meet their own obligations, such as other directors or professional advisors, or if they did not participate in the management of the company. Such conduct would constitute a breach of duty regardless of whether the director is aware of this or not.

 

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

Children born or raised from separated households still have the ability to flourish and be cared for just as well as families without separated parents. The steps to this resolution, however, involve continuous support and attention from both carers and all parties involved in the situation in order to maintain positive relationships with relatives, and crucial individuals present in their lives, where safety is concerned.

 

Children’s Needs

The needs of a child in an emotionally stressful situation such as the separation of their parents should be heavily considered and met to the best possible standard. This might resemble validating your child’s concerns, reassuring them, allowing them to make their own decisions, where safe, and avoiding expressing your personal issues with your child. Ultimately, prioritising their wellbeing should be your focus.

 

Parenting Arrangements

Making legal arrangements for your child should be undertaken while discussing their best interests.  Factors to consider when formatting arrangements is:

If arrangements can be agreed on, then a parenting plan can be made or formalities such as a consent order to officiate the arrangement. If an agreement cannot be met, however, the next step might be a dispute resolution or mediation. As a last resort, you can apply to the court for parenting orders.

 

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809

Anyone is able to view proceedings within the majority of NSW Courtrooms through a principle known as ‘open justice’. The principle is said to be essential to the administration of fair and just trials, ensuring awareness of the wider Australian community towards our legal system. Furthermore, media outlets are able to publish accurate and unbiased reports of the proceedings (John Fairfax & Sons v Police Tribunal of NSW (1986)), broadening access to understanding NSW Courts.

 

If you would like to view the proceedings of a NSW Court, there are a few rules and considerations to remember.

 

 

 

 

 

 

 

When in doubt, court staff will be able to assist with any queries or concerns.

 

Open justice plays a significant role in maintaining the transparency of our legal system, however, it is important to follow appropriate etiquette within courts to ensure proceedings are efficient and fair.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

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