Issue 41 - June 2007

• First Home Plus One
• Do Not Call Register Act 2006 (Cth)
• Wills and the Family Provision Act 1982 (NSW)
• Miranda Chamber of Commerce
• The Verdict

The benefits available to first home buyers have been extended First Home Plus One

The New South Wales government has introduced a new aspect into the range of benefits available to first home buyers.

From 1 May 2007, First Home Plus One allows eligible purchasers to buy property with other parties (who may have purchased a home previously) and the purchaser will still be entitled to receive a concession. This will be welcome news for those first home buyers who were required by their lender to have another person noted on the title. Under the previous scheme, this would disentitle the purchaser from some aspects of the First Home owner benefits which are now open to them.

To qualify for the First Home Plus One scheme, the eligible purchasers must buy at least 50 per cent of the property however, the value limits and other eligibility criteria of First Home Plus continue to apply. Under the scheme, the transfer duty is calculated only with reference to the proportion of the property purchased by other parties however, this interest is disregarded if it is not more than 5 per cent. It is important to note that the new scheme will not apply if the other purchasing party is the spouse of the first home buyer.

If you would like more information about First Home Plus One, or if you have any other questions about the purchase of a property, please telephone Rebecca Flynn or email rebecca@wmdlaw.com.au.

Finally! An end to annoying telemarketing calls Do Not Call Register Act 2006 (Cth)

The Do Not Call Register Act 2006 (Cth)has been introduced in response to community concerns about the growth in telemarketing calls, with the sole purpose of regulating those unsolicited and unwanted calls.

With the introduction of the Act, you are able to place your telephone number on a special Do Not Call Register. Specifically, the Act prohibits any calls with a ‘commercial type purpose’. It will not prohibit calls from charities, government bodies, religious and other similar organisations.

You are only able to place home and mobile telephone numbers on the register that are used for private or domestic purposes. Business phone and fax numbers cannot be placed on the register. Once a number is placed on the register it may take up to 30 days for telemarketers to stop calling.

Telemarketers both in Australia and overseas may be liable to civil penalties and injunctions if they call a number listed on the register. For individuals, the penalties range from $1,100 to $220,000 for repeat offenders and for corporations from $5,500 to $1.1 million for repeat offenders.

The Australian Government has established a website for the Do Not Call Register. For more information or to register your number, visit www.donotcall.gov.au.

Can an eligible person make an unwelcome claim over your estate? Wills and the Family Provision Act 1982 (NSW)

Two recent decisions in the Supreme Court of New South Wales, both in March this year, have highlighted not only the importance of having a clear and concise Will, but have also brought more clarity to the application of the Family Provision Act 1982 (NSW) (Act) in certain areas.    

In the case of Mouglalis, 3 children of a man said to be their sperm donor father were awarded a substantial share in his estate when he passed away without leaving a Will.  In this landmark decision, it was found that although the donor father had never provided any financial support or otherwise to the children during his lifetime, the fact that the children had became known to the donor father and that some type of relationship was formed was seen by the Court as being enough to justify a share of his estate.

As a result of this decision, it now appears that once a donor child becomes even known to the donor parent, conceivably the child or children may bring a claim on the estate where the donor parent dies intestate.  In fact, it is possible that even in cases where the donor parent does have a Will, the donor child or children could still bring a claim for a share of the estate under the Act in the absence of safeguards such as a considered person clause.

In the second case of Charlesworth v Herring, the application of the Act was essentially the focal point of the judgment. In that case, Mr Charlesworth, a 44 year old mentally handicapped man with the intellectual capacity of a 4 year old, brought a claim for the estate of his deceased father who had walked out on the family 36 years earlier and had not been in contact with Mr Charlesworth since that time.

As an ‘eligible person’ under the Act (being a child of the deceased), Mr Charlesworth contested his father's Will, which left the entire estate to the daughter of his subsequent partner, for whom he had cared for and treated like his own daughter for many years.

In clarifying the principles surrounding the claims of eligible persons under the Act, the Court upheld the Will of the father (and dismissed the son’s claim entirely) based on the rationale that the father owed the greater moral duty to his ‘surrogate’ family and not his biological son.  The decision turned on the fact that the father had not been in contact with the son for some decades and that the son had failed to demonstrate that he had been left by the deceased without adequate provision for proper maintenance, education and advancement in life.

For further enquiries about your estate planning needs generally, or to discuss the potential effect of the Act on your affairs, please contact Louise Sullivan or Craig Pryor or email louise@wmdlaw.com.au or craig@wmdlaw.com.au.

 Seeking new members Miranda Chamber of Commerce

Last year Warren McKeon Dickson Lawyers in conjunction with other local businesses established a Chamber of Commerce centered in Miranda.  We are currently seeking expressions of interest from local businesses to join us in becoming a member of the organisation. Membership of a Chamber of Commerce provides the opportunity to join forces with new business partners and to build relationships with other local businesses, to develop and expand your client base and to learn from others in similar industries.

There are many advantages of participating in a Chamber of Commerce including:

Regular seminars with invitations to Guest Speakers to provide accurate and up-to-date information relevant to the running of your business;
Participation in member’s functions to extend networking opportunities and to strengthen local bonds;
Publication of member’s interests through business newsletters and local papers;
Marketing and advertising opportunities;
The identification and promotion of short and long term business opportunities; and
Representation and access to the Government and local authorities using the Chambers voice. The size of membership provides credibility to respond to issues of importance to local businesses.
The next Chamber of Commerce meeting will be at Miranda RSL at 7.15am (for a 7.30 am start) on Wednesday, 27 June 2007. If you or someone you know would be interested in joining the Miranda Chamber of Commerce, please contact Greg Dickson or email greg@wmdlaw.com.au for more information and to reserve your seat at this meeting.

Your questions answered The Verdict

In this section, we answer your general questions in relation to any area of law. Obviously in this forum, we are unable to provide specific legal advice or advice in relation to a current legal matter. If you have a question you would like us to answer, please submit it by email to rebecca@wmdlaw.com.au

How do I change my name?

The Land and Property Information Service (formerly the Land Titles Office) no longer registers Deed Polls for persons wishing to formally change their name. The NSW Registry of Births, Deaths and Marriages (BDM) now has responsibility for registering all changes of name in NSW.

You can change your name without formally registering a new name. At law, you can change your name through use and becoming known by your new name. However there are often instances which arise where you may be required to provide evidence of change of name. For such reasons, you can register your change of name at BDM. In the case of marriage, if you wish to take your husband's name, a formal change of name is not required as a Marriage Certificate will usually suffice as evidence of the change.

It is interesting to note that in the case of re-marriage, if you continued to use your married name, unless you formally registered your married name with BDM, you must use your name as it appears on your birth certificate when you re-marry.

To apply you must be 18 years or older and you must have been born in NSW, had your birth registered in NSW or you are are an Australian citizen or permanent citizen of Australia ordinarily resident in NSW. In addition, if you are a parent or legal guardian of a child under 18 years who satisfies the above criteria, you may apply to register a change of their name.

It is an offence to alter or use an additional or other name with the intention to act fraudulently or with an intention to deceive. Persons found to have done so may be subject to criminal proceedings.
 

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