Issue 60 - February 2009

• John Moon and Leisure Coast Conveyancing
• New water compliance powers
• Law reforms for same-sex couples and their families
• Changes to foreign investment requirements
• Miranda and Districts crime update
• The Verdict 
   

Establishment of full time office in Ulladulla - Welcome to the John Moon and the LCC team  John Moon and Leisure Coast Conveyancing

We are pleased to announce that from 1 February 2009, the practice of John Moon Solicitor and the conveyancing practice of Leisure Coast Conveyancing, located in Ulladulla, have merged with WMD.  We extend a warm welcome to John, Kylie, Julie, Kate and to all of the clients of John’s practice and of Leisure Coast Conveyancing. 
The Ulladulla office is located at:
Riviera Chambers
120-122 Princes Highway
ULLADULLA  NSW  2539

The contact numbers for the Ulladulla office are: Phone: 4455 5128
Fax: 4454 4178 

John is a very experienced practitioner who will continue his role as the senior lawyer working at the practice.  We believe that the experience and the ability of John and his team will be a real asset to our practice and to our clients.  The presence in Ulladulla now means that we have full time offices operating in Sydney at Miranda, in the Wollongong CBD, in Ulladulla and also in Batemans Bay.

If you or anyone you know needs legal assistance, please feel free to contact us for an appointment at the office most suitable to you. For any information about our services, please contact Greg Dickson at greg@wmdlaw.com.au.

Greater policing and penalties for water offences New water compliance powers

On 1 January 2009, new water compliance powers came into effect. These changes arise by amendment to the Water Management Act 2000 and have been introduced by the NSW Parliament in a response to the increased competition for water due to drought and climate change.

The new regulations mainly apply to NSW water licence holders, bore water users and landholders who live along a NSW waterway. People who live within a town boundary and rely solely on town water will generally not be affected.

The new regulations establish new offences and penalties for water theft and include improved powers for monitoring and enforcing compliance with NSW water laws. Some of the new offences introduced include the following:

intentionally or negligently taking water when not authorised by an access licence or taking water when you do not have enough water in your account;
interfering with metering equipment, taking water when a meter is not working properly, failing to properly install or maintain metering equipment and failing to keep metering records; and
harming an aquifer and/or waterfront land by adversely effecting the capacity of an aquifer or waterfront land to hold or carry water.
Anyone who causes or permits an offence is now liable and could face penalties. The new changes have increased the maximum penalties for offences from $132,000 to $1.1 million for individuals and from $275,000 to $2.2 million for corporations. Individuals may also face up to 2 years in prison for water theft.

If wish to discuss these new compliance laws or any issues in relation to water regulations currently in force, please contact Craig Pryor or Kara Yacoubian at craig@wmdlaw.com.au or kara@wmdlaw.com.au.

Amendments to discrimination laws  Law reforms for same-sex couples and their families

As a result of a review of Commonwealth legislation, the Australian Government has now introduced reforms that amend 84 Commonwealth laws to eliminate discrimination against same‑sex couples and their children. The reforms aim to ensure that same-sex couples and their families are recognised and have the same entitlements as opposite-sex de facto couples.

Some areas of reform include social security, taxation, Medicare, veteran’s affairs, workers’ compensation, educational assistance, superannuation, family law and child support.

These reforms now mean that:

same-sex couples are able to access the same tax concessions available to married and opposite‑sex de facto couples;
death benefits can be conferred on same-sex partners and the children of same‑sex relationships;
same-sex couples will receive the same rate of social security and family assistance payments as an opposite-sex couple;
same‑sex couples and their dependant children are recognised as a family for the purposes of the Medicare safety net;
same‑sex couples and their dependant children to access the Pharmacuetical Benefits Scheme safety net as a family; and
parents of children from a same-sex relationship can apply for child support after 1 July 2009. 
For more information about these reforms, including the commencement date for each reform, please do not hesitate to contact Greg Dickson at greg@wmdlaw.com.au or any other member of our Family Law Division.

Making it simpler for foreigners to acquire property in Australia Changes to foreign investment requirements

In December 2008, the Federal Government implemented changes to the arrangements for acquiring residential housing by foreign persons.  These changes affect developers, foreign-owned companies, non-resident foreign persons and temporary residents (foreign persons living in Australia on a valid visa).

Developers were previously restricted to selling only 50% of a new development to foreign persons.  This restriction has been removed and developers are now able to sell the whole of a development to foreign persons, provided that they market each development locally as well as overseas.  However, changes to legislation that are expected to take place in February 2009 will mean that developers will no longer be issued with advanced approval for sales of new dwellings to foreign persons.  All foreign purchasers must submit individual applications (although developers may submit applications on their behalf).

Foreign-owned companies, trust estates and non-resident foreign persons acquiring single blocks of vacant land will have a period of 24 months to build a dwelling rather than 12 months.  Foreign-owned companies can also purchase established dwellings for the use of their Australian-based staff provided they sell or rent the property if it is expected to remain vacant for more than 6 months. 

From February 2009, it is expected that streamlined administrative procedures will be implemented for foreign-owned companies, trust estates and foreign persons to notify and receive approval for proposed acquisitions of vacant residential land and newly constructed dwellings.  It is expected that the process for temporary residents to acquire residential premises will be simplified as they will no longer be required to notify the government about proposed acquisitions.  The existing notification requirements will continue to apply to non-residents, who must notify all proposed acquisitions of residential real estate.

If you have any questions regarding changes to the foreign investment policy for residential real estate, please contact Rebecca Flynn or Melissa Grant at rebecca@wmdlaw.com.au or melissa@wmdlaw.com.au.

Police assistance line Miranda and Districts crime update

WMD is a founding member of the Miranda and Districts Chamber of Commerce. Greg Dickson, one of our principals, has served as secretary since the Chamber's inception.  At the January meeting of the Chamber, we were fortunate to have Inspector David Lenzo of Miranda Police as our guest speaker. 

Inspector Lenzo offered some positive insights into the operations of local Police and some welcome news about significant reductions in the level of crime throughout this area. To some extent, this reduction in crime levels has been attributed to a policy of high visibility policing that is being pursued by Miranda and other local Police. 

Inspector Lenzo stressed that getting useful intelligence about incidents of crime (even minor offences) assists the Police to target problem areas and allocate their resources to where they are most needed.  If you observe an offence or the results of an offence (such as graffiti) but don’t feel that it warrants the immediate attendance of Police, you can call the Police Assistance Line (PAL) on 131 444 to report offences.

For any information about the Miranda and Districts Chamber of Commerce, please contact Greg Dickson at greg@wmdlaw.com.au.

 Your questions answered The Verdict

In this section, we answer your general questions in relation to any area of law. Obviously, we are not able 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 melissa@wmdlaw.com.au.

What do I do if my company has been served with a creditors statutory demand?
A Creditor’s  Statutory Demand is a legal document that a creditor may serve on a company for a debt that is due and payable to the creditor by the company, where the total amount of the debt or debts is at least $2,000.

If you are served with a Creditor’s Statutory Demand it is important that you either comply with the demand and pay the debt within 21 days of being served, come to an arrangement with the creditor or seek immediate legal advice in relation to whether it can be set aside. The legal ramifications of a failure to respond to a demand within the specified time are serious and far-reaching.  For example, a creditor may make an application to the court for the winding up of the company.

A Creditor’s Statutory Demand may be set aside by making an application to the Court within 21 days of being served.  The application must specify the grounds for setting it aside and be accompanied by an affidavit.  The possible grounds for setting it aside include that there is:

a genuine dispute as to the existence of the amount of the debt;
an offsetting claim against the creditor;
a defect in the demand that causes substantial injustice to the company; or
any other genuine reason as to why the demand should not be complied with. 
Where the demand is set aside, the Court may order that costs be paid by the person who served the demand.

If you require advice after receiving a Creditor’s Statutory Demand or are having trouble collecting debts owed to you, please contact Craig Pryor or email craig@wmdlaw.com.au.

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