News

Culshaw Miller Lawyers Quality Assured for 15 Years!

Not many law firms in Perth can say that they have been a Law Society of Western Australia Accredited Quality Practice for the last 15 years, but we can! 

Having been such long standing providers of legal services in the community of Perth has allowed us to really understand our clients needs and standardise our practices to ensure that you are receiving a superior level of quality of service.  When you are dealing with a legal situation you require your lawyers to understand and provide a quality and consistent service in a timely manner. You can rely on Culshaw Miller Lawyers to do this, no matter what your legal issue is.

To book an appointment with one of our lawyers please contact us.

Below is an explanation of the Law Society’s Quality Practice Standard.

Culshaw Miller Lawyers is a Quality Practice Accredited practice. The Law Society of Western Australia developed the Quality Practice Standard in to recognise WA Lawyers who have committed to bring consistent and superior service standards to their clients by setting out and implementing procedures and practices to the standard which the Law Society of WA has deemed appropriate.

As a practice, we went through a through a long and timely process of reviewing our procedures and practices, streamlining processes and implementing new procedures to make our services consistent. This ensures that we deliver a constant level of service to our clients.

Since accredited in 1997, our practice has been audited to ensure that we are adhering to the standards of the Accreditation and compliant with the standards. The Law Society of Western Australia has set out this Standard to go far beyond the service standards set out by State Legislation and Regulations which means that we need to maintain consistency in our internal practices and provide our clients with a higher level of service.

Accreditation means that clients are assured of a high standard of service throughout their matter.

We have adopted an ongoing client feedback system to ensure that our clients are getting the optimum service.

To find out more about the Quality Practice Standard please check the Law Society of WA website

Property Law Update!

Find our legal partners Hunt & Hunt’s Property Law Update here!

New Grandparents’ Assistance Package

Media Announcement

Robyn McSweeney Minister for Child Protection; Community Services; Seniors and Volunteering; Women’s Interests; Youth

Thu 09 August, 2012

More help for grandparents raising families

Portfolio: Seniors and Volunteering

• $127,000 to help grandparents caring for their grandchildren
• Latest edition of the Grandfamilies Resource Kit launched

Today Western Australian grandparents raising their grandchildren have new resources at their fingertips to help navigate through the challenges which may come with their important role.

Seniors and Volunteering Minister Robyn McSweeney launched the fourth edition of the Grandfamilies Resource Kit and presented a cheque for $127,500 to Wanslea Family Services Board for grand-family support services and extra help.

The Grandfamilies Resource Kit is a one-stop-shop of tips, support and services available to grandparents raising their grandchildren.

“Grandparents who take on the responsibility for raising their grandchildren face extra burdens, both emotional and physical, as well as unplanned costs and an unfamiliar world of family law and bureaucracy,” Mrs McSweeney said.

“Despite the setbacks, these grandparents are determined to give their grandchildren a good start in life and the State Government will provide as much support as we can to those who take on such an important task.”

The Minister presented $127,500 to the Wanslea Family Services Board, while visiting their offices in Cloverdale, and $5,000 to the Grandparents Rearing Grandchildren agency for their grandparent support services.

Fact File

• Across Australia there are more than 14,000 grandfamilies (grandparents with responsibility for their grandchildren)
• The Grandfamilies Resource Kit available at:
• http://www.communities.wa.gov.au
• WA’s first ever Grandparents Day will be held on October 28

Minister’s office – 6552 6500

Employment Law E-Alert

1 June 2012 Employment Law e-alert 

Author: David Thompson

Minimum Wage Decision The minimum wage panel of Fair Work Australia (“FWA”) handed down its annual decision on minimum wages at 10:00 am this morning. FWA has made the following determinations:

• to increase the national minimum wage by  $17.10 per week.  This results in an increase from $15.51 per hour ($589.30 per week) to $15.96 per hour ($606.40 per week); and
  • 2.9% increases in hourly modern award minimum rates of pay across the board.

The increases awarded will take effect from the first full pay period on or after 1 July 2012. By comparison, FWA increased minimum wages by $19.40 per week this time last year. The decision represents a compromise between the submissions put by union and employer associations. The ACCI requested an increase of not more than $9.40 per week on an award-by-award basis and to the national minimum wage.  It also requested exemptions from an increase for particular industry specific employers which are facing significant challenges. The AiG requested an increase of $14 per week to both award minimum wages and the national minimum wage.  Its flat dollar proposal was designed to provide a proportionately higher benefit to the low paid, at a level it suggested would not pose undue risks to the Australian economy. The ACTU had proposed a $26 per week increase to award rates up to and including the C10 rate, as well to the national minimum wage.  It also sought a 3.8% increase in award rates above the C10 level.  It submitted that the earnings of award-reliant workers had fallen relative to the earnings of other workers, something its proposed increases were designed to correct.

Darren Miller, Perth +61 8 9488 1300 darren.miller@culshawmiller.com.au

www.hunthunt.com.au

Superannuation and Divorce

Superannuation Splitting
Unsure about what happens to Superannuation when you are separating? Benn Hill one of our Perth Family Lawyers, explains below….

Where couples have been married, the Family Court of Western Australia may have jurisdiction to make orders which divide the superannuation interests of each of the spouses.  The Family Court may divide superannuation interests with the agreement of the spouses or the Court may make an order dividing superannuation as part of a judgment resolving a dispute.

Each spouse is obliged to provide a full and frank disclosure of their superannuation interests to their former spouse.  This disclosure would ordinarily include identifying each superannuation fund the spouse has an interest in, stating the current value of their superannuation interest and providing to each other a copy of their latest superannuation statements.

Spouses who were married to each other may also use the ‘Superannuation Information Kit’ from the Family Court of Western Australia website to require the trustee of their spouse’s superannuation fund to provide them with information about or a valuation of their former spouse’s superannuation interests.

The appropriate way in which the superannuation interests of spouses should be divided by the Family Court will vary depending on numerous factors including the particular type and value of the superannuation interests held by the spouses.  There are numerous different types of superannuation interests which may be valued and split according to different rules depending on the type of the fund.  Superannuation interests may be split so that one spouse receives a separate superannuation interest altogether or they may be split so that a spouse receives a proportion of any payments which are made by the fund to the spouses.

If spouses reach agreement about the way their superannuation interests are to be divided, they should also consider any taxation consequences of the proposed superannuation splitting orders.

In summary, given the complexity and financial consequences of superannuation splitting, it is important that each spouse obtains professional advice about superannuation splitting from both their lawyer and from their accountant or financial adviser.  The lawyers at Culshaw Miller Lawyers include Accredited Family Law Specialists who can advise you about superannuation splitting.

Make an appointment with Benn.

Family Violence – Legislation Amendments

Family violence unfortunately is an all too common scenario amongst WA families, although perhaps it’s behind closed doors.   Changes to the legislation means that there will be more protection for families in violent domestic situations.

Daniel Sampson has reviewed the changes and explains below…

The Family Law Legislation Amendment (Family Violence and Other Measures) Bill 2011 was passed on 7 December 2011 and contains a number of amendments designed to strengthen the Act in relation to the protection of children in environment where family violence has been present.

One of the primary considerations of the Family Court in determining care will be the protection of a child from abuse or family violence or exposure to abuse or family violence.

One of the significant features of the Act is its reconsideration of the definitions of ‘abuse’ and ‘family violence’ within the context of the act. Where previously one would usually associate these with physical violence the new definitions broaden the concepts of abuse.

The Act now defines ‘abuse’ as the following:

•  Assault;
• Sexual abuse and exploitation of children;
• Causing a child to suffer serious psychological harm, including where the child is exposed to family violence; and
• Serious neglect of the child.

The Act’s new definition of family violence takes into account not only the physical or mental aspects that may be associated with intimate associations of violence but also the fear that a party may perpetrate against another;

The Act now defines ‘family violence’ as violent, threatening or any other type of behaviour that coerces or controls a family member or which causes the family member to be fearful.

The Act provides the following examples as a guide but does not intend the examples to be exhaustive preserving the philosophy of the breath of the family violence definition:

•  Assault;
• Sexual assault or other sexually abusive behaviour;
• Stalking;
• Repeated derogatory taunts
• Intentionally damaging or destroying property
• Intentionally causing death or injury to an animal; or
• Unreasonably denying the family member the financial autonomy that he or she would otherwise have had
• Unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or his or her child, at a time when the family member is entirely or predominantly dependent on the person for financial support; or
• Preventing the family member from making or keeping connections with his or her family, friends or culture;
• Unlawfully depriving the family member, or any member of the family member’s family, of his or her liberty.

Interestingly, the act now recognises a concept of ‘economic violence’ previous identified by psychologists, social scientist and academics working within the area. The new definition will now give Family Law Courts cause to consider the effect of these acts on children and ultimately how they will influence whether a child is protected.

The exposure of children to acts of family violence is also dealt with in the new amendments. Exposure will include seeing and hearing or otherwise being exposed to family violence.

Examples that the Act provides are:

• overhearing threats of death or personal injury by a member of the child’s family towards another member of the child’s family; or
• seeing or hearing an assault of a member of the child’s family by another member of the child’s family; or
• comforting or providing assistance to a member of the child’s family who has been assaulted by another member of the child’s family; or
• cleaning up a site after a member of the child’s family has intentionally damaged property of another member of the child’s family; or being present when police or ambulance officers attend an incident involving the assault of a member of the child’s family by another member of the child’s family.

While the act has passed the provisions will not become part of the Family Law Act until June 2012. However the court has the power to consider the definitions of abuse and family violence at the time it hears the matter. The amendments do not affect previous judgements and do not give parties the right to appeal.

For information or to book an appointment, please contact us.  Please also see our other information posts.

Buying a Property? Yes you do need a Lawyer!

Regardless of whether you are a first home buyer or a seasoned property investor, buying and selling property can be a complex and at times, overwhelming process that can potentially have significant implications if done incorrectly or without due diligence.

It is essential that you choose a solicitor or settlement agent that is right for you and who will keep you informed throughout the whole settlement process.  Settlement agents are unable to provide legal advice, therefore, should a dispute arise it is important that you appoint a solicitor at the earliest opportunity to give you sound practical legal advice on your contractual rights and obligations.

In our experience, many of the problems that arise in the settlement process could have been avoided if the parties had obtained appropriate legal advice prior to entering into the contract. If we could offer one piece of advice to anybody that is considering buying or selling property, it would be that you should obtain advice on the contract as soon as possible and in all circumstances prior to signing.

We can provide competitive conveyancing Quotes, fill in our quote form and we will get a same day quote back to you.

For more information about conveyancing or any property related matters please contact our Property and Commercial Team, Darren Miller and Marcus Easthope at Culshaw Miller Lawyers – info@culshawmiller.com.au

+61 (8) 9488 1300.

Why Everyone Needs to Know About Estate Planning

WHAT IS ESTATE PLANNING
Estate planning means putting in place a structure to organise your financial and personal affairs before any future incapacity and your death. A complete Estate Plan enables your family, your business associates and others close to you to know your wishes and how you would like them carried out.

WILLS
A Will is the document which sets out how your estate will be distributed upon your death. It deals with property that you personally own but may also direct control of other entities such as family trusts.

Issues to consider in your Will
– Who will be the Executor – that is the person who administers your estate
– Who are the family members or dependants that you should make provision for in your Will
– If your beneficiaries are minors or have a disability you can structure your Will to take these factors into account
– The tax consequences of distributing your estate

The Will must comply with the procedures set out in the Wills Act including being witnessed by two independent witnesses who sign in your presence and in the presence of each other.

It is important that your Will is reviewed often and updated as your circumstances change. Marriage and divorce revoke a Will in Western Australia.

Why should you have professionally prepared Will?
If you pass away without a valid Will, your estate is distributed pursuant to legislation (in Western Australia called the ‘Administration Act’).

The Act divides your estate in set proportions depending on which family members survive you. The Act does not allow for your wishes to be considered in the distribution of the estate.

ENDURING POWERS OF ATTORNEY (EPA)
A document by which you appoint an Attorney to make decisions about your financial affairs on your behalf.

An Enduring Power of Attorney is effective only during your lifetime and ceases to have effect on your death. It is effective during any period of incapacity.

An Attorney must act in your best interests and cannot use your finances to benefit him or herself. It is a power that you give only to a person you trust absolutely as it authorises third parties such as banks and the Titles Office to deal with your property on the instructions of the Attorney.

If you change your mind, you can revoke the EPA and appoint a different Attorney.

Why should you have an EPA?
If you become incapable of managing your own affairs, and you do not have an Attorney authorised to act for you, a person must be appointed by the State Administrative Tribunal to administer your financial affairs.

If there is no suitable person to act as an Administrator, an independent body such as the Public Trustee may be appointed to make those decisions for you.

ENDURING POWERS OF GUARDIANSHIP (EPG)
A document by which you appoint an Enduring Guardian to make health and welfare decisions for you during periods when you are unable to exercise reasonable judgment.

The types of functions that an Enduring Guardian can perform include: deciding where you will live, what medical treatment you will receive and conducting legal proceedings on your behalf.

If you would like to discuss your Estate Planning needs or require further information about any of the information above, please contact Darren Miller or Michaela Speering at Culshaw Miller Lawyers on 9488 1300 or make an appointment.