Clerk Walker Lawyers

CWS Newsletter – April -June 2009

Changes to the de facto relationships act
Family agreements – money for love
The effect of an inheritance on a centrelink benefit
Staff

CWS Newsletter – July - September 2007

Gifts to family & friends
Abolition of Mortgage duty
Binding death benefit nomination
President of the Law Society
Some light relief

CWS Newsletter – April - May 2007

Living with a reverse mortgage
New Partners
Special Disability trusts
Some light relief

CWS Newsletter – January - March 2007

Beware of Trustees' Commission
Family law issues
Staff changes
Welcome Casey Abel
Some light relief

CWS Newsletter – July-August 2006

Protecting your Assets
New Tasmanian Laws on Building and Plumbing
Family Law shakeup
Some light relief

CWS Newsletter – April-June 2006

Family Court to Decide Bankruptcy Cases
Third Party Property Orders
Future Parenting Changes
New Parenting Cases Procedure
Some Light Relief
Privacy Policy
History

CWS Newsletter – July 2005

Abolition of non-real-property business conveyances
Mortgage Duty Changes
Miscellaneous Amendments
Abolition of Debits Duty
Land Tax Relief announced in State Budget
Some Light Relief
First Home Buyer’s Duty Concession Scheme to continue and to be extended to vacant land
Do I need to Appoint a Guardian – by James Walker

CWS Newsletter – March 2005

Purchasing or Selling Real Estate or a Business?
Family Law
Clerk Walker would like to welcome Paul Mason
Beware Of Executor’s Commission !
New Arrivals

CWS Newsletter – June 2004

Purchasing a Property?
Civil Disbursement Fund
First Home Buyer Duty Concession
Clerk Walker Website
Free 15 Minute Legal Advice
A little light relief

CWS Newsletter – January 2004

Change of name
James (Jamie) Hurburgh
Australian Young Lawyer of the Year 2003
Farewell to Brit Bullard
Point to Pinnacle
Power of Guardian
See us before you sign...
Free 15 minute legal advice

CWS Newsletter – April 2002

Changes To Workers Rehabilitation
and Compensation Legislation - July 2001
Assessment of Lease Instruments - How to Estimate Costs
New Private Sector Provisions in the Privacy Act 1988
Superannuation and Family Law Act Changes
Pensions and Trusts - Jan 2002

CWS Newsletter – August 2001

Changes To Stamp Duties Legislation
Changes To Criminal Injuries Compensation
Goods & Services Tax
New Powers Of Attorney Act
Taxation
Borrowing And Investing

CWS Newsletter – October 2001

Changes To Stamp Duties Legislation - July 2001
Changes to Criminal Injuries Compensation
Goods & Services Tax
New Powers of Attorney Act
Taxation Services
Borrowing and Investing

CWS Newsletter - April 2002
Changes To Workers Rehabilitation
And Compensation Legislation

On the 1st of July 2001 the government introduced changes to the Workers Rehabilitation and Compensation Act (1998).

Points of interest in the amendments are:

Compensation benefits – as a result of the amendment there will be no longer a limit set on the weekly income replacement payments to which a worker may be entitled. The new legislation will mean that the maximum amount each worker can receive will now be set in accordance with his/her own weekly individual earnings. Furthermore, there is now a "Safety Net" provision introduced for those workers viewed as low-income workers. This essentially means no injured worker can be paid less than 70% of the basic salary.
Medical benefits – All reasonable medical and rehabilitation expenses will now only be payable for 10 years after the date that a claim has been made. Previously, medical benefits could be claimed indefinitely.
Permanent Impairment Payments – The amended Act has introduced an assessment based on the percentage of the whole body impairment suffered by the worker. This will be determined in accordance with guidelines designed by the WorkCover Tasmania Board.
Death Benefits – A substantial increase to that which a dependent spouse and children of a deceased worker are entitled to claim under the act. A dependant spouse is now entitled to a lump sum plus weekly payments from the date of the workers death, at the same rate the worker would have been entitled to for 2 years. A dependant child is entitled to 10% of the basic salary of the deceased worker commencing on the completion of 13 weeks after the date of death, until the child is no longer deemed a child (16 years or 21 years if full-time student)
Section 81A now allows an employer 28 days to dispute liability for a claim and refer the matter to the Tribunal. The employer must pay weekly payments to the injured worker but not medical or other costs until liability is determined.
Conciliation is compulsory for all disputes except those lodged under section 81A of the act.
An employer with more than 50 workers is now required to nominate a person to be the rehabilitation coordinator for their workplace.

Should any clients of the firm have any questions with regard to the amendments or any aspect of Workers Compensation, please do not hesitate to contact Neil Readett.

Assessment of Lease Instruments
– How to estimate lease costs

Chapter 4 of the Duties Act 2001 charges a duty on a lease instrument. An instrument is a document which effects a lease of land in Tasmania. Section 100 imposes a duty on the cost of a lease and any additional cost of a lease resulting from a variation. The cost of the lease does not include any GST or duty payable in connection with the lease (s.101(f) and 101(g) of the Act). Duty must be paid on a lease instrument within 3 months of first execution.

There are two ways to ascertain the cost of a lease at the time duty is liable to be paid.

Firstly, an estimate method pursuant to section 108 of the Act which allows the Commissioner to make an initial estimate of the lease costs. The lease is then stamped with an interim stamp and must be resubmitted periodically to re-assess the costs when they become ascertainable.

The second method is called "CPI" (Consumer Price Index) pursuant to section 109 of the Act which may be applied to allow the determination of unascertainable costs as a definite sum by applying the CPI at a compounding rate to those costs.

To enable assessment of a lease instrument taxpayers and agents must lodge: an executed and dated lease instrument; a covering letter indicating which method is to be adopted (CPI or estimate); if electing the estimate method, the minimum known values of the ascertainable lease cost; and estimate of total lease costs. Priority will be given to lodgements with accompanying payment of the estimated duty.

New Private Sector Provisions in the Privacy Act 1988 (Cth)

These new provisions regulate the way private sector organisations collect, use, keep secure and disclose personal information. For the first time it allows individuals to know what information an organisation holds about them and the right to correct it if it is wrong.

Organisations must now take reasonable steps to make individuals aware they are collecting personal information, the purposes of collecting this information and who it might pass that information on to. Individuals can now also make a complaint if they think the information about them is being handled improperly. The provisions apply to organisations with a turnover of $3 million or more and all private health sector providers from the 21 December 2001. Businesses with an annual turnover of less than $3 million that are covered by the legislation have an additional 12 months to comply.

Superannuation and Family Law Act

The Family Law Act 1975 has been amended to permit separating couples to divide superannuation benefits in the same way as other assets. These amendments will commence no later than 28 December 2002. The changes also allow couples to choose the value of the superannuation interest each will receive. Where couples cannot agree, the court will have the power to split the superannuation benefits/interests. Superannuation interests will not have to be divided, the court can allow couples to choose an exchange of other assets to take into account the value of the superannuation benefit.

Your Pension and Trusts

There is new legislation effective from the 1st January 2002 which may effect your pension where you have an interest in a family trust or an unit trust. A solution to avoid this occurring is to resign or renounce your interest in the trust. However, this must be done carefully as there are serious implication for both Stamp duty and Capital Gains tax.