News & Information

News

Security Documents Register

Over coming months we will be writing to all of our clients who have documents in Security Document Storage with our firm. We are carrying out an inventory for all of our clients of the documents we hold in safe custody for each of them .We are also offering each of our clients a review of their important legal documents such as Wills, Powers of Attorney and Appointments of Enduring Guardianship to ensure that these documents are up to date. We believe that everybody should have each of these documents, and that they be reviewed regularly to keep them relevant to their individual circumstances.

Defacto Couples Property Matters To Be Dealt With By Family Court

In an announcement made at the end of June 2008 the Federal Government has said that it will change the law to allow the Family Court to deal with the property disputes and settlements of defacto couples. Previously these were dealt with under State Laws. Those State Laws varied from state to state. In general, the laws were significantly different from the law covering property settlements and disputes of married couples which were decided by the Family Court. These changes will have a significant impact upon defacto couples when they come to resolve any financial and property disputes. In the past many couples had chosen not to marry in order to make sure that the Family Law property laws did not apply to them.

The Federal Government’s proposed change to the laws have the potential to be the greatest change to defacto relationship financial settlements and disputes in the last 30 years.

The Family Law Amendment (De Facto Financial Matters and Other Measures) Bill is currently being considered by the Senate, which has recently completed public consultations about the Bill.

It is more important than ever before for anyone considering entering a defacto relationship or already in one to be aware of the legal consequences of their relationship. Danny Bricknell of our firm recently appeared as a guest speaker on Sky Business Channel's "Your Money Your Call" to discuss the significance of the new laws and their impact on Defacto couples. For further information regarding these changes to the law please contact Danny Bricknell of our office.

 Dying Without a Will

The NSW Government has recently passed new intestacy laws (The Succession Amendment (Intestacy) Act) which significantly changes how property is to be divided when someone dies without leaving a Will. These laws are a radical change to the previous laws.  The laws now give right to the deceased person's children from an earlier relationship.

The laws also give former spouses rights to an estate where there has not been a divorce or family law settlement finalised.  The result may be a contest between a former wife and a current de facto partner (and possibly the children).  There are now strict time limits.

Now more than ever it is vital to ensure that you have an up to date and valid Will.  Failing to do so can be disastrous.

Items of Interest

Current Court Cases

We continue our involvement in a variety of court disputes. Amongst these are:

• Danny Bricknell is involved in the defence of a significant defamation case in the Supreme Court. Danny is dealing with the main case as well as an appeal arising from a particular aspect of it. A prior part of this case was included in the annual report of significant New South Wales legal cases for 2004. The case continues and we are currently awaiting the Court's final Judgment.
• A commercial dispute involving Court proceedings arising from an alleged agency arrangement between two businesses .Following a change of ownership of the main business there was a falling out and it sued the smaller business regarding the alleged unwritten agency arrangement. It also sued the owner/director of the smaller business in an attempt to apply pressure on the owner to settle. We were able to put to the solicitors for the larger business a strong legal and factual argument as to why the case against the owner should be dropped, which it was. The case against the business itself continued. The owner was greatly relieved to be removed from the court case and end the possible personal exposure of his assets.

Family Law

At the end of February 2006 the Federal Government announced significant reforms to the Child Support Scheme and the Family Law Act. These reforms are the greatest changes to the Scheme and family law ( especially custody and access to children ) since both were establishment in 1988 and 1975.The first of these reforms has been in place since the 1st July 2006.The last phase of these significant changes were implemented on the 1st July 2008. Please contact Danny Bricknell  to discuss the implications of these reforms.

Drink Driving

We recently appeared at Court for a driver facing a charge of High Range PCA involving a blood alcohol reading of .230 - 4 1/2 times the legal limit. Our client was not a serial drink driver although he had been convicted previously 16 years ago. Since that time he had a fairly good driving record with only a few fines. Unfortunately our client had been apprehended by police because of his driving, which involved his conduct towards the unmarked police car when it pulled out into traffic in front of him. All of this contributed to the real possibility of the driver being sent to gaol. As a result of our involvement and several hours work for our client, both in and out of Court, he received a suspended prison sentence of 9 months on condition that he be of good behaviour. Our client was extremely relieved, and happy with the result.

Free Seminar

Danny Bricknell recently presented a free seminar on behalf of the Law Society of New South Wales' Speakers Bureau as part of Law Week. The topic of the Seminar was "Neighbours, Householders and the Law".  Danny regularly speaks on other legal topics, including Wills, Powers of Attorney and Enduring Guardianships, Estate Planning, Family Law and Criminal Law.

The Seminar was free and open to the public as part of our ongoing commitment to the Ryde Community. If you are part of a community group in the greater Ryde area or nearby which would like a guest speaker on a legal topic please contact Danny Bricknell on 9807 3222. We regularly speak at nursing homes, retirement villages and at service clubs and organizations.

Osborne Bricknell Howell are
proud to be a Solicitor Member of
the Honoured Friends of the Salvation Army
and a Solicitor Supporter of Sydney Legacy.