Warren McKeon Dickson celebrates 40 years of practice

On 1 July 1969, the practice of Warren McKeon Dickson Lawyers, then known as Warren & Company, was established by Bob Warren as a sole practice in Engadine.  The establishment of the practice in Engadine was designed to coincide with the rapid residential expansion of the Helensburgh, Engadine and Loftus areas and the firm was active in trying to secure better facilities and infrastructure through public meetings and lobbying of government for the benefit of the local community.

Bob was soon joined by new partners as the property law activities of the firm grew rapidly.  The second of the partners for whom the firm is named, Peter McKeon, joined the practice in 1973.  Peter remained with the firm until 2005 when he retired from full time practice.

Greg Dickson, the third of the foundation partners, joined the firm in 1982 and is one of our accredited specialists in family law and the head of our family law department.
Dean Groundwater joined the firm in 1995 and is now the head of our commercial law department.

3 new partners were promoted to the partnership in 2005, Rebecca Flynn who heads our property law department, Kevin Dwyer who heads our criminal law group and who also works extensively in family law and Craig Pryor who is primarily involved in our commercial law department. All remain with the firm as the youngest of the partners to be admitted.

The firm became incorporated in 2007 after which time the existing partners became directors and principals of the new firm. 

Our head office has been located in Miranda since 1985 and it was at about this time that we embarked on a deliberate plan of expansion involving merger with other law firms. This policy of expansion has seen our merger with and incorporation of 15 firms which operate under the umbrella of WMD.  In addition to our main office at Miranda, we now have full time law offices in Wollongong under the banner of Jeffrey Jones Lawyers and Gale Witcombe Lawyer, Ulladulla through the offices of John Moon Lawyer and Leisure Coast Conveyancing and in Batemans Bay through our law office known as Ennis Smith & Bradbury Lawyers.

WMD in the High Court

We recently applied for special leave to appeal to the High Court of Australia in relation to 2 ongoing (although unrelated) matters.

The High Court is the final avenue of appeal in the Australian judicial system but having your appeal heard at this level is often a difficult task. All appeals to the High Court are by way of special leave to appeal or, in family law matters, pursuant to a certificate from the Family Court.

The difficulty of obtaining special leave to appeal is illustrated by the fact that less than 10% of applications are successful. Further in 2007/2008 over 70% of the special leave applications filed were dealt with ‘on the papers’ meaning that the judges did not hear any oral submissions before they made their decision to refuse leave.

Section 35A of the Judiciary Act 1903 (Cth) gives the High Court a broad discretion to consider any matter it thinks relevant when deciding whether to grant leave to appeal. Without limiting this broad discretion the Court is required to consider the following:
1. Whether the proceedings involve a question of law:
a) that is of public importance; or
b) in which the High Court is required to resolve difference of opinions between different courts, or even within the same court, as to the state of the law.
2. Whether the administration of justice requires the High Court to consider the judgement upon which the application is based.

For leave to be given an appeal will always concern an error of principle either in the way the intermediate court has carried out its function or where the intermediate court has erred in its application of the principles. Questions of fact will rarely be considered.

One of applications regards the intermediate court’s error in applying the principles relevant to overturning a jury’s decision.  The other relates to the law of guarantees.  In this matter leave to appeal was granted and Denis Bowles has only recently returned from the appeal hearing before a bench of 5 High Court judges.

Child support trusts

Presently the amount of child support that a parent is required to pay is determined by the cost of care table which predetermines the cost of raising children. The determined cost of each child is than split up depending on the income of the parents and the amount of nights the child spends at each parent’s house.

The amount of income applied by the Child Support Agency is often higher than the net income of the parents because some deductions allowed by the Tax Office are not allowed by the Child Support Agency. This includes mortgage payments in respect of Investment properties.

Further Child Support payments are not tax deductable and the basis for their determination is the parent’s gross income rather than their income after tax.  If the Child Support Agency believes the parent is under utilising their income they may also seek fit to adjust the amount of child support payable.

The establishment of a child support trust and the execution of a binding child support agreement can reduce the amount of tax paid on current and future payments of the child support trust. A Child Support trust will hold assets for the benefit of the children and income obtained by the trust can be paid to the Children (or their guardian) as maintenance.

If you have any questions or queries or would like more information, please do not hesitate to contact Greg Dickson (greg@wmdlaw.com.au) or Amanda Doring (amanda@wmdlaw.com.au).

AVO Law in operation

If someone you know, whether it be a family member, friend, neighbour or co-worker is harassing, threatening, intimidating or causing you fear in anyway then you then you should consider applying for an Apprehended Violence Order (“AVO”).

An AVO is an Order made by the Court to protect a person.  An AVO protects a person by ordering defendants (the person that is causing you fear) not to do specific things.  The AVO will list a number of things that the defendant must do, including but not limited to behaving in any way that causes you fear, directing third persons to harass and/or intimidate you or coming within a certain distance of where you live and work. 

You can apply for an AVO by making an appointment to see the Chamber Magistrate at your closest Local Court or through the NSW Police.  If the incident involves children you should contact the NSW Police first. 

You will be required to attend Court after the AVO Application is filed with the Local Court and served on the defendant.  When you go to Court the Magistrate will consider whether the AVO should be made.  If the defendant disputes the AVO the Court may make an Interim AVO and set the matter down for a Hearing to determine whether an AVO should be made on a final basis.  If a final Order is made for an AVO the Magistrate will decide how long the AVO will remain in force, which can be for months or years. 

If you decide that you do not want the AVO you can apply to the Court to have it cancelled.  In some cases the police have the power to proceed with the AVO on your behalf even if you tell them that you do not want an AVO.

You can also apply to the Local Court have an AVO revoked or varied any time after the Court makes a final Order for an AVO.  
If you have any questions or would like us to assist you with the making of an Application for an AVO to the Local Court please do not hesitate to contact Kevin Dwyer (kevin@wmdlaw.com.au) or Kieran Haydon (kieran@wmdlaw.com.au). 

Looking after your pets

In an earlier newsletter we considered the need to make proper provision for pets in your Will so that you can be confident that they will be cared for after your death.   

We often make provision for our pets when we know we are going to be away on holidays or unable to care for them personally for some time.  The same preparation and planning should occur in case you are taken ill or seriously injured.  You need to ensure that you have a standing instruction for someone close to you (and someone who is responsible) so that pets at home in need of food, water and attention are not left without care.   This can be a family member, a friend, a neighbour or work colleagues.  Anybody who is likely to be aware of your unexpected absence from the home should be aware that you have companion animals there needing attention. 

It is also a good idea to carry these details on a card in your wallet or purse so that, in the event of some serious misfortune befalling you, those who are assisting you know who to contact concerning your care and also the care of your pets.

For any information concerning Wills and Estate and Estate Planning please contact Greg Dickson (greg@wmdlaw.com.au) or Jayne Humphreys (jayne@wmdlaw.com.au).