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Since 1882 Robertson Hyetts has been recognised as one of regional Victoria’s most respected firms. Our solicitors and specialists prepare articles to offer insights into how changes in the law may affect you.
Our articles detail legal matters as they relate to our business and private clients on a variety of subjects:
Helping out? Make sure all is right
Stagnating wages and rising house prices are two reasons that young people are turning to their elders for financial assistance. Increasingly parents and grandparents are helping with home deposits, acting as guarantors, or gifting...
Adverse possession
Adverse possession is a principle that allows a person to claim ownership over another person’s property without paying for it, if they have been occupying it without the owner’s permission. If the person claiming adverse...
Employers guide to the Victorian Sick Pay Guarantee
What is the Victorian Sick Pay Guarantee? The pilot scheme that will operate as a trial for two years. The scheme acts to provide eligible casual and contract workers a minimum of 5 days (38 Hours) a year of sick and carer’s pay...
New Company Director Identification Number Requirements
What is a Director ID? The new Director ID is a unique 15-digit identification number issued to company directors to help verify the identity of company directors. The scheme is being implemented in an effort to prevent fraudulent and...
Small Business Series Part 3 – Key Business Documents
One of the most overwhelming elements of starting a small business for most people is the need to be across the number of different types of documents and agreements that you may need to successfully run and protect your business....
Commercial Tenancy Rent Relief Scheme Extended
The Victorian Government has recently announced that it will extend the Commercial Tenancy Relief Scheme until 15 March 2022. The Scheme was reintroduced in July 2021 and provides support and relief to small to medium sized businesses...
Estate Disputes
If you feel like you have been left out of a Will, or haven’t been left a fair share, you may be eligible to make a claim for an additional share out of the estate. This is generally referred to as a “Part IV” or...
Debt Recovery – What can you do to legally recover debts owed to you?
What is debt recovery? Debt recovery involves recovering money that is owed to someone (creditor) by someone else (debtor). In many cases, the creditor has provided goods or services to the debtor but the invoiced amount remains...
Contesting a Will
We answer some of the most common questions asked before contesting a Will. Q. Who can challenge the distribution of an estate under a Will? A. A claim for a share, or a larger share, out of an estate can be made if the deceased...
Award-winning La Trobe University law student keeps tracking through pandemic challenges
La Trobe University student Brian Hill has been awarded the annual Robertson Hyetts prize for demonstrated academic excellence and an exemplary commitment to rural and regional legal practice in the final year of his law degree....
Dying without a will
Lawyers are often asked: ‘What happens if I die without a will?’. The answer is not always straightforward, as Vesna Pocuca, Wills and Estates Lawyer explains. When a person dies without a will that means that the person did not make...
Small Business series Part 2 – Where your business is based
Businesses take many different shapes and forms. As a result, the premises that businesses conduct business from often vary in accordance with their specific set of needs and future growth plans. In this article we will explore the...
Why engage a property lawyer early in your property transaction?
Whether you are buying or selling, at some point in your property transaction you will likely need the help of conveyancer or a property lawyer. Having the assistance of these specialists on your side from the very beginning is the...
Can a workplace make an employee have the COVID-19 vaccination?
As COVID-19 vaccines become more readily available in Australia, many workplaces are wondering if they can require their staff to have the COVID-19 vaccine. This continues to be an evolving conversation, with new developments on a...
Downsizing might just be your best country life
Baby Boomers today have plenty of stories of recessions and economic shocks long before the pandemic. Years of experience have informed a lifetime of financial decision-making around property ownership. Robertson Hyetts Property...
Special Conditions in a Contract of Sale
What are the two most common special conditions that purchasers include in a contract of sale? Anna Doughan, property lawyer with Robertson Hyetts, provides all the details. Subject to finance If you need a loan to purchase property,...
Should I Buy or Lease Premises for my Small Business?
Own or lease commercial property for your business Figuring out whether to buy or lease a property for your business can be complicated. Making the smartest decision can sometimes come down to what’s available on the market in your...
Grants For Commercial Landlords: Commercial Landlord Hardship Fund
The Victorian Government introduced the ability for commercial tenants to request rent reductions in the form of waivers and deferrals for the period between 28 July 2021 and 15 January 2022 under the Commercial Tenancy Relief Scheme...
Small Business Series Part 1 – The Business Structure
Starting a business is an exciting time in your life and it is common to want to rush into selling or providing your service without giving a consideration to the diverse range of legal requirements that you need to satisfy. The legal...
Do-it-yourself, conveyancer or lawyer. What is best for me?
Have you ever thought to yourself when choosing between a property lawyer or conveyancer, ”how about I just do it myself”? Whilst looking for a do-it-yourself solution can seem right initially, the world of conveyancing and...
Guide to estate administration and acting as an executor or estate administrator
Dealing with the estate administration process can be a difficult time, especially after the recent loss of a loved one. Robertson Hyetts can guide you through the process and procedures if you have been nominated to administer the...
The four most common trusts included in a Will
A Will ensures that a person’s assets will be smoothly passed onto his or her chosen beneficiaries, after passing away. While a simple Will is an essential component to the estate planning process, sophisticated plans should also...
Debt recovery – the Robertson Hyetts approach
Cash flow is critical to business. The longer an account is overdue; the likelihood is that it becomes harder to recover. In the current financial climate, the prospect of rising interest rates makes it even more important....
Joint tenants, tenants in common, and using a life interest. What are they?
Wills for couples with children from previous relationships – using a life interest to balance out competing interests. Couples who have children from a previous relationship are often faced with the challenge of how to draft their...
Protective Trusts and Special Disability Trusts
If a beneficiary of your Will would benefit from assistance to manage their inheritance, for example due to a disability, a spendthrift nature, or substance addiction, it is possible to set up a trust in your Will to look after their...
How the PPSR may impact assets that you have interest in or are looking to purchase
What is the Personal Property Securities Register? The Personal Property Securities Register (PPSR) is an official government electronic notice board of debts and other obligations secured by interests in personal property, accessible...
Five things to consider when purchasing a residential property
When it comes to buying a property, it’s fair to say it’s going to be one of the biggest purchases you ever make. It’s one of the most complex, too. Contracts of Sale and Section 32 Statements can be a challenge, but they don’t have to...
4 key things you need to know about stamp duty in Victoria
Every property purchase comes with costs beyond the deposit and mortgage. But, it’s the amount of land transfer duty (often referred to as stamp duty) payable that’s likely to surprise you. To complicate things, there’s no standard...
Regional Victoria property boom
Robertson Hyetts reports a 67 per cent rise in property transactions over summer in Bendigo, in comparison to the same time last year. First home buyers, families and retiring baby boomers are part of the noticeable wave of regional...
At work in 2021 – Business Priorities and Challenges, Culture, Engagement and a way forward
Robertson Hyetts are proud to support The Bendigo Regional HR Network and Be.Bendigo. On Tuesday 20th April they presented a Zoom session with speakers Pam Macdonald and Amalia Chilianis who discussed the priorities and challenges for...
Invest in professional advice before buying property
Buying a property is likely to be the most expensive purchase you make. So it is a wise investment to get professional legal advice prior to signing a Contract of Sale says John Wellington, property and business advisory lawyer at...
Can workplaces make it compulsory for employees to get vaccinated against COVID-19?
As COVID-19 vaccines become available in Australia, many workplaces are wondering whether employers can require their workers to have the COVID-19 vaccination. What are the rights of both employees and employers when it comes to...
Farm Succession Planning – The Documents
In this last article of our series, we’ll discuss various succession planning documents in more detail. Most people understand that a Will sets out the distribution of assets to beneficiaries and appoints executors....
Can employees choose to work from home?
Needless to say, 2020 was a year like no other. One of the big changes that occurred for many people was the need to work from home. Now that the Victorian Government has withdrawn its regulations that required workplaces to let staff...
Farm succession planning – using trusts to protect their inheritance
Testamentary discretionary trusts are powerful tools, and can provide beneficiaries with a plethora of options to efficiently manage their inheritance. Asset protection Receiving an inheritance via a discretionary trust allows...
Farm succession planning – key questions answered
The third and fourth of the four key estate and farm succession planning questions – who is to receive your wealth, and how should they receive it. Farming families often wish to leave their estates to their spouse, and then divide it...
Farm succession planning – what do I control?
Many farms own land and other assets in trusts for succession planning efficiency, asset protection, or tax minimisation purposes. In a trust structure, the trust owns assets which remain in the trust after death or retirement. Control...
Farm succession planning – what do I own?
The starting point for farm estate planning is to determine:- whether assets are owned solely or jointly, whether land is owned as joint tenants or tenants in common, and whether assets are controlled via trusts rather than owned. Sole...
Farm Succession Planning – What is the difference between Succession Planning and Estate Planning?
For many people, conversations about their Will and succession planning are easy to put off, but many problems (costly legal disputes and tax bills, to name just two) can be minimised with disciplined forward planning. Succession...
COVID 19 Update
Robertson Hyetts has remained open for business and we are committed to providing advice and support to new and existing clients throughout this challenging time. We are continuing to work on all new and existing matters and are...
Update to the HomeBuilder scheme
The Australian Government has extended its HomeBuilder scheme to enter into a contract to build, or renovate, by 31 March 2021 for a $15,000 grant. This is a welcome announcement as property sales have continued to be strong over the...
How Often Should I Review my Will?
It’s a question I get asked a lot, and unfortunately, there is no “one size fits all” answer. So my recommendation is to have a look at your Will and associated documents once a year. I’d be surprised if you needed to update it every...
Moving to regional Victoria for work and lifestyle after COVID-19
Is it time to consider a tree change to regional Victoria? In 2019, lawyer John Wellington made the shift from Melbourne’s suburbs to Castlemaine and hasn’t looked back. “In Castlemaine, people are relaxed and friendly, making eye...
Government grants now available for business advice on HR and employment law
Many businesses in Victoria are currently eligible for grants from the Victorian Government in response to the restrictions imposed due to COVID-19. The Victorian Government’s Business Support Fund 3 will provide $822 million to...
Where does your business sit on the JobKeeper spectrum?
While JobKeeper has buffered the effects of Victoria’s COVID-19 restrictions for many businesses, it may take some time for things to improve. If you own or manage a business, decisions about whether to reduce overheads including...
Wills & Estate Planning for Farmers – Part 3
Estate planning for farms – avoiding disputes In our final article in our series of information for farm businesses, we take a look at four common causes of estate disputes and suggest some strategies to avoid conflict. #1 –...
Are your Award rates set to increase on 1 November?
In June 2020 the Fair Work Commission announced a 1.75% increase to minimum wages and Award rates of pay. Increases to Award rates and allowances are being introduced in three phases and depending on your Award, the increase applies...
Wills and Estate Planning for farmers – Part 2
Last week, we wrote about what can go wrong without careful estate planning. This week, we go into details on trusts and transfer of assets, and how to get started. Building your team It is important to work with a team of professional...
Time to have the conversation – Wills and Estate Planning for Farmers
We know you put a lot of hard work into running and maintaining your farm – and we know that farms are often made up of a combination of valuable assets including land, equipment, commercial relationships and highly specialised...
Generals Protections claims – Employers Beware!
Following our recent unfair dismissal article I now look at how employers can defend general protections claims made to the Fair Work Commission. What are the general protections? General protections are contained in the Fair Work Act...
Defending an unfair dismissal claim? Here’s what you can expect.
As a business owner, if you have to dismiss an employee there is always a chance they will make an unfair dismissal claim against you. Obtaining advice before dismissing the employee will place you in a good position to defend the...
Making Staff Redundant – The Do’s and Don’ts
Last week, we wrote about things businesses should consider before deciding to make an employee redundant. This week, we look at the process for making an employee redundant and some of the Do’s and Don’ts. It is essential...
Thinking about letting staff go after JobKeeper? Think about this first…
Running a business at any time can be tough, now it is even tougher. While JobKeeper has been a saviour for many, it will not last forever. When it ends, businesses may be faced with hard decisions to secure their future viability....
The High Court hands down decision on Personal Leave Entitlements
On 13 August 2020, the High Court handed down the long awaited decision in the matter of Mondelez Australia Pty Ltd v AMWU & Ors [2020] HCA 29. This is an important decision which has now confirmed how paid personal/carer’s...
JobKeeper 2.0 and what it means for employees and businesses
On 21 July 2020, the Australian Government announced an extension to the JobKeeper wage subsidy. Eligible businesses may now be able to access the JobKeeper payment for eligible employees until 28 March 2021, provided they can...
John Wellington talks tree changes with Denis Walter on 3AW
Last night our own John Wellington was invited to take part in ‘Nights with Denis Walter’ on 3AW to discuss his (and our conveyancer Leanne Laracy’s) tree changes from Melbourne to Castlemaine. You can listen to the...
Award-winning La Trobe law student keeps tracking through pandemic challenges
The Robertson Hyetts prize is awarded to a Latrobe University Bendigo student who performs with excellence in rural and regional law and legal practice. Our partners see the value in supporting people in regional areas in their study...
Enduring Powers of Attorney and Appointment of Medical Treatment Decision Makers Q & A
As part of a comprehensive estate plan, it is important to remember two key documents:- Enduring Power of Attorney and Appointment of Medical Treatment Decision Maker. What is an Enduring Power of Attorney? This document allows you to...
Victoria’s new Wage Theft Bill and what it means for employers
On 16 June 2020, the Victorian Wage Theft Bill 2020 was passed by the Victorian Parliament and will be known as the Wage Theft Act 2020 (Vic) (“Act”) when it is introduced next year. The new wage theft laws will establish...
New Workplace Manslaughter laws come into effect on 1 July
Whether you are running a farm or a coffee shop, keeping your workplace safe for your workers, customers or visitors must be your number one priority. With Workplace Manslaughter laws coming into effect in Victoria on 1 July 2020 this...
What you need to know about the HomeBuilder scheme
With the Government’s HomeBuilder package announced on 4 June 2020, home owners or those looking to build could receive $25,000 for the purpose of renovating an existing house or building a new one. So what is the eligibility...
Janelle Brown & Property Team voted Top PEXA Peer Rated Firm
Congratulations to Janelle Brown and our Property Team on being voted as one of the top PEXA Peer Rated firms in Australia. PEXA is an online property exchange network. It assists us to lodge documents and complete financial...
What is Adverse Possession?
In Victoria it is possible to acquire title to land by way of an adverse possession claim. To successfully make an adverse possession claim you will need to be able to prove that you (including any previous owners) have had...
Property Law Update: Electronic Signing of Leases and Mortgages During COVID-19
Social distancing measures during the COVID-19 pandemic have posed challenges for individuals and businesses needing to execute important legal documents. The legal formalities required for the execution of a document often require the...
When should I include a trust in my Will?
Trusts can be adapted to a variety of situations when preparing Wills, says Trent McGregor, Associate and estate planning specialist with Robertson Hyetts Solicitors and Conveyancers. Described very simply, a trust is a way of giving...
Q&A with Trent McGregor, Wills & Estates Lawyer
Are you still open for business? Yes, and we’re seeing a surge in enquiries via our website and by telephone about Wills and Powers of Attorney. I think a lot of people are taking the opportunity to work through their ‘boring...
Conveyancing made easy
At Robertson Hyetts, we’re all about making your property, leasing and land development transactions as easy as possible. With the arrival of the COVID-19 pandemic and the associated health recommendations our adoption of...
New COVID-19 Commercial Leases and Licences Regulations
As you may be aware, the COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 were passed on 1 May 2020 which provide a framework for commercial landlords and tenants if rent relief is required....
Talking COVID 19 – Navigating Employment Law Challenges
On 5 May I had the opportunity to present a webinar for the City of Greater Bendigo and BE.Bendigo, talking about employment law challenges during COVID-19. I enjoyed sharing my thoughts on how businesses can work within the employment...
Can I buy, sell, lease or otherwise deal with property during this time?
We’re still within the Coronavirus (COVID-19) pandemic, but you can still buy, sell, lease or otherwise deal with property during this time. The government has pressed the pause button on group physical inspections and auctions but...
JobKeeper Payments – a welcome relief for businesses
The Federal Government yesterday passed the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 to enable the JobKeeper wage subsidy to be paid to eligible businesses. It also made amendments to the Fair Work Act...
Property Law Q&A with Anna Doughan
Anna Doughan, Property and Commercial Lawyer at Robertson Hyetts, answers some important questions asked before buying or selling property. What new disclosure obligations do Vendors have when selling a property? The Sale of Land...
The Impact of COVID-19 on Retail Leases and Employment Law
The Impact of COVID-19 on Retail Leases and Employment Law – A Guide for Tenants, Landlords and Employers As the Government and banks have now announced a number of relief measures available to small businesses affected by the...
Have you thought about your Farm Succession Plan yet?
Farm Succession planning ensures wealth is passed to the next generation – during life or after death. There are three key reasons why farming businesses need to consider estate planning. Firstly, farms are often made up of assets like...
Understanding Unfair Dismissals
Unfair dismissal is when an employee is dismissed from their job in way that is deemed to be harsh, unjust or unreasonable. In order to be protected from unfair dismissal and eligible to make a claim to the Fair Work Commission, an...
Discretionary Trusts to be automatically deemed foreign trusts
The State Revenue Office of Victoria (SRO) has recently announced that from 1 March 2020 it will no longer apply its current ‘practical approach’ to determine if a family or discretionary trust is a foreign trust. This new...
Employing Staff – 5 tips for Small Business Owners
Employing Staff – 5 tips for Small Business Owners As a small business owner, you’re working really hard to grow your business and hopefully at some point you will be ready to bring someone new into the business to help you. There are...
5 top tips for updating your Will before you travel
Not long now until holiday season is in full swing. If you’re travelling you’ve most likely arranged your passport, flights, travel insurance…..but have you made or updated your Will? Not to put a dampener on the excitement that comes...
Special Counsel John Wellington joins Robertson Hyetts in the Castlemaine community
Robertson Hyetts Solicitors welcomes a new solicitor and leader to its Castlemaine Office. John Wellington, Special Counsel Business and Property, is an experienced lawyer living in Castlemaine. He will be assisting clients with their...
Mount Alexander Seniors Festival
Trent McGregor & Vesna Pocuca, Associates at Robertson Hyetts Solicitors, will be at the Mount Alexander Seniors Festival on Saturday the 5th & Sunday the 6th of October. Come and talk to Trent & Vesna to discuss all things...
What is a Section 32 Statement?
A Section 32 Statement, or Vendor Statement, is a legal document originating from Section 32 of the Sale of Land Act, which requires vendors to disclose certain information to prospective purchasers before a contract of sale is signed....
Robertson Hyetts Solicitors Prize – La Trobe University
The Robertson Hyetts Solicitors Prize is awarded to a La Trobe University student in the Bendigo Law Program in the final year of their degree who has demonstrated academic excellence and an exemplary commitment to rural and/or...
Employment Law Fundamentals
Robertson Hyetts is a proud supporter of the Bendigo Regional HR Network. At their latest event, Katherine Hietbrink, Employment Lawyer and HR Manager at Robertson Hyetts Solicitors, discussed some of the key pieces of legislation and...
Wills and Young Families
It’s never too early to think about having a Will in place, advises Trent McGregor, of Robertson Hyetts Solicitors. “Anyone above the age of 18 should consider having a Will” he advises. “From this age onwards, we can start building...
Setting the law straight on easements
What is an easement? An easement is a set of rights to use a section of land in a particular way. It gives someone else the right to use the land for a specific purpose even though they are not the landowner. Easements over land may be...
Wills for Artists
The commercial consequences of making a living as a professional artist in any creative field extend beyond our life As an artist, why do I need a Will? A Will enables you to:- direct your property to your intended beneficiaries...
TIME TO HAVE THE CONVERSATION – WILLS AND ESTATE PLANNING FOR FARMERS (PART 3)
Estate Planning for farms – avoiding disputes In my final article I will be looking at four common causes of disputes and suggesting some solutions. Cause of disputes #1 – Undocumented and unfulfilled promises “All this will be yours...
TIME TO HAVE THE CONVERSATION – WILLS AND ESTATE PLANNING FOR FARMERS (PART 2)
Wills and Estate Planning for Farmers “What’s in the toolkit?” Getting started In our previous article, we wrote about what can go wrong without careful planning. In this article, we discuss some strategies to avoid common problems,...
Time to have the conversation – Wills and Estate Planning for Farmers (Part 1)
A lot of hard work goes into successfully running a farm. Typically, farms are a complex combination of valuable assets including land, equipment, commercial relationships and highly specialised knowledge, accumulated carefully and...
Special Disability Trusts
Special Disability Trusts assist immediate family members to plan for the future care and accommodation of a vulnerable family member, particularly someone in receipt of a Disability Support Pension. They have two very unique...
Making a Will – Assets in and out of the Estate
It is not uncommon to see a Will where a Will maker gifts assets that actually cannot be dealt with through the Will. When making a Will it is important to understand that there are assets that you can give away in a Will, and those...
Estate planning tips for blended families
When starting a relationship with someone with children, careful planning can assist in avoiding serious future issues. “Couples who have re-partnered later in life are generally honest and pragmatic,” Robertson Hyetts’ estate planning...
Ascot/Epsom Conveyancing
Life in Ascot is an easy pace, with nature reserves for walking and fresh country air, all the while living close to the Epsom Shopping Village, day care, primary and secondary schools and sporting facilities. The Epsom train station...
I’m an Executor – What do I need to do?
Acting as an executor of a Will can be a challenging experience, says Trent McGregor, Wills and Estates lawyer with Robertson Hyetts, who adds that “a perfect storm of legal, financial, and emotional issues can lead to a turbulent...
GST Withholding Requirements
From 1 July 2018 purchasers of new residential premises or potential residential land will be required to withhold any GST payable by a vendor from the sale proceeds and remit that amount directly to the ATO on or before settlement....
Preventing elder abuse by adding conditions to an Enduring Power of Attorney
Many people are aware of the importance of having a properly prepared Power of Attorney in place. It is a safeguard against a time when you might not be able to make your own decisions. Often, unfortunately, powers of attorney are...
Superannuation and your Will
Superannuation is an important part of estate planning. Attending to your superannuation is vital to ensure quick, efficient administration of your estate. Can you give me a brief reminder of how superannuation works? For most people,...
It pays to be a good employer
As a business owner, knowing your obligations around employing people is essential. Not only is it important to treat your employees fairly, but there are also significant consequences if you don’t meet the various obligations that...
The History of Robertson Hyetts
Robertson Hyetts Solicitors is proud of its long history in providing legal services to Central Victoria and has longstanding associations with firms in both Castlemaine and Bendigo. As we celebrate Law Week next week, we look back on...
Blended families – who will inherit?
Blended families can be complicated in life, but even more after death. If you remarry, or enter into a new de facto relationship, the law will decide how your assets are distributed if you do not have a valid will and make...
Trusts and Vulnerable Beneficiaries
“I’m worried about one of the beneficiaries of my Will”. We are often asked “What’s the best way to provide for a beneficiary with a vulnerability in a Will?” The answer is – it depends. Vulnerability can be as a result of an inability...
Trusts, the aged pension, and your Will
Trusts are popular and have many purposes, including asset protection, estate planning, and tax minimisation. One common strategy had been the use of trusts to maximize social security entitlements, such as the aged pension. “This used...
Epsom is a growing suburb of Bendigo
Epsom is a northern suburb of Bendigo, seven kilometres from the city centre (eight minutes drive) up the Midland Highway. At the 2016 Census the population was recorded at just over four thousand with young families moving into the...
Marong Conveyancing
Marong is a township that is part of the City of Greater Bendigo and 17 kilometres (15-minute drive) west of Bendigo City Centre. While the population is small (Census 2016 – 1,146), it is fast growing and developing into a great...
Strathfieldsaye Conveyancing
Strathfieldsaye is an outer suburb of the City of Greater Bendigo in Victoria and is fast becoming a popular place to live and is expected to double in population over the coming years. It still has an Aussie suburban bush feel with...
Intestacy provisions
The Administration and Probate and Other Acts Amendment (Succession and Related Matters) Bill 2016 was passed recently, and will come into effect on 1 November 2017. The new Act makes significant changes to the intestacy regime...
Further amendments on the horizon
Two further bills were introduced to parliament on 11 September 2017 seeking to amend the Fair Work Act 2009, taking the total number to 13. The Fair Work Amendment (Terminating Enterprise Agreements) Bill 2017 was introduced by...
Land Transfer Stamp Duty Concession
Amendments commencing 1 July 2017 Buying off The Plan Concession Under the concession the cost of any construction or refurbishment which occurs after the contract date is deducted from the contract price (dutiable value) and stamp...
Trusts, taxes, and Labor’s announcement – what does it mean for me?
Labor have proposed a change to the way in which distributions from discretionary trusts are taxed in the hands of beneficiaries. If this becomes law, how will the new changes affect you? Discretionary trusts – can you give me...
First Home Owner Grant
Having recently purchased my first home in regional Victoria, I understand better than most just how difficult it is for Victorian first home buyers to break into the property market. The Victorian Government has recently announced...
Personal Property Security
It is timely to remind businesses of the importance of correctly registering security interests in property (other than land) on the Personal Property Securities Register (PPSR) and to reflect on this developing area of the law. A lack...
Workplace Reform Back on the Agenda
Two bills to make substantial changes to the Fair Work Act 2009 were tabled in the federal Parliament yesterday. Following its 2016 federal election promises, on 1 March 2017 the Turnbull government tabled the Fair Work Amendment...
Appointing the Right Executor/ Trustee
Appointing the right executor is one of the most important decisions when making a will. In essence the role of an executor is to carry out the last wishes of the will maker by collecting assets, paying liabilities and distributing the...
Single, Married – or ‘It’s Complicated’?
The five key life events to trigger a review of your will How often should I review my Will? Unfortunately, there is no “one size fits all” answer to this question. However, there are some key life events which should definitely...
BUSINESS ADVISORS BEWARE: Liability Under the Fair Work Act 2009
Provisions extending liability for contraventions to people ‘involved’ in the breaches of workplace laws and relevant conduct are not new, having appeared in workplace relations legislation for over a decade. During 2016,...
A Stitch in Time – Avoiding the Most Common and Costly Employment Mistakes
Dealing with the countless demands of running a business, business owners often have little opportunity to consider whether they have the correct documents and procedures in place to protect their business from claims and actions by...
Enduring Powers of Attorney – FAQs and Myth Busting!
Last week, we briefly looked at Enduring Powers of Attorney. This week, I will answer the most commonly-asked questions regarding Powers of Attorney. I’ve made a Will. Why do I need a Power of Attorney? A Will is only operative after...
Enduring Powers of Attorney
Enduring Powers of Attorney are a crucial part of the estate planning process. When prepared correctly, they allow someone to make decisions for you and manage your affairs on your behalf. It’s not just a form-filling exercise –...
“Doing A Will” and “Estate Planning” – what’s the difference?
I’m frequently asked “Hey, do you guys do Wills?” The answer is “yes we do – but is that really all you need?” Preparing a Will is an integral part of estate planning, but is only one part. Most people will need more than just a simple...
New unfair contract protections for small business
Standard form contracts are set to be overhauled with new laws coming into force to protect small business. On 20 October 2015, both houses of Parliament passed amendments to the law to extend the unfair contract term protections which...
Do you have a current Will?
Having a valid Will is an important part of any estate plan. It is particularly essential where you have dependents or a family. A Will permits you to set out your wishes about how your estate should be administered and distributed...
New Powers of Attorney Legislation
Powers of Attorney Act 2014 (the Act) commenced on 1 September 2015. It is intended to consolidate the law relating to enduring powers of attorney, provide a meaning for capacity, provide protections for those persons whose affairs are...
Beware the broad restraint
First published in the August 2014 edition of Bendigo Enterprise. It is trite law that a restraint of trade clause (“restraint”) is prima facie void as contrary to public policy and Courts have historically been...
Conveyancing
Buying or selling your home, investment property or land might be one of the biggest financial transactions you make. Robertson Hyetts Solicitors have an experienced team, making the transfer of a property a smooth process, giving you...
The Five Most Common Employment Pitfalls
Buying a business? Buying a business can often lead to unintended liabilities and inherited entitlements, wages costs often form the largest expense of the business – may lead to assumption the vendor’s rates of pay are correct. Why...
Assets and Liabilities of Deceased – Executor’s Duties
Person authorised and responsible to deal with the assets and liabilities of the deceased: If the deceased left a will the person responsible (“executor”) is appointed in the will If the deceased died without leaving a will...
Bendigo to launch Australia’s online property exchange, PEXA
Robertson Hyetts Solicitors and O’Farrell Robertson McMahon Lawyers are proud to work with Property Exchange Australia (PEXA) as regional ambassadors in supporting the launch of Australia’s first National electronic conveyancing...
An Application for a Stop Bullying Order
An application for an order to stop bullying was considered in a decision by Commissioner Roe in Melbourne, 17 June 2014 in The Fair Work Commission. The applicant was self-represented against her employer, a major national company,...
The APPs and Employment Records
As featured in the June edition of the Bendigo Enterprise Magazine. The Australia Privacy Principles (APPs) under the Privacy Act 1988 (the “Act”) came into effect from 12 March 2014. The Act differentiates between public versus...
HR Network
At Robertson Hyetts Solicitors we provide comprehensive advice in relation to all business matters. We regularly host legislative updates and work in partnership with our clients, community and industry associates to contribute to the...
Australian Privacy Principals (AAPs)
On 12 March 2014 significant changes were made to the Commonwealth Privacy Act including the introduction of the Australian Privacy Principles (APPs). The amendments change the way businesses are required to deal with personal...
Superannuation: Streamlined and Standardised
There are positive changes on the horizon to superannuation contributions for both employers and employees. The previous Federal Government commissioned a report, released in 2010 called Superstream; a proposal to bring the back office...
Self Managed Super Fund (SMSF) Legal Services
Whether you’re looking to set up or maintain a Self Managed Super Fund (SMSF), working with our SMSF team will get the job done quickly and efficiently. There are comprehensive legal requirements for Self Managed Super Funds and that’s...
Top 10 Tips and Traps for Trustees of SMSF’s
More Australians than ever before are choosing to invest their retirement savings in a self-managed super fund. SMSFs remain the largest sector of the Australian superannuation industry according to the ATO, with 509,000 SMSFs holding...
Protect Your Security Interests Before the PPSA’s Transitional Provisions End
Register your interests before 31st January, 2014. Almost two years ago a national scheme governing security interests over most types of personal property commenced under the Personal Property Securities Act 2009 (Cth). Personal...
Is your business prepared?
The Government’s decision to allow employees to take complaints of bullying to the Fair Work Commission is a game change for business and people management. Bullying behaviour is currently regulated in Victoria by an employers’...
Legal acquisition creates history
The acquisition of Castlemaine firm LMSW Lawyers by Bendigo based Robertson Hyetts Solicitors will take place on 1 February 2011. It will consolidate the two firms who have a combined history of service in Bendigo and Castlemaine of...
The Importance of Wills and Powers of Attorney
To ensure that assets are, upon a person’s death, left to the beneficiaries to whom the Testator (the Willmaker) wishes the assets to pass, it is essential that a properly drafted Will is prepared....
Bendigo Succession Planning
Australia since the 1950’s has seen some extraordinary changes in the circumstances of many families. From the baby boomer generation onwards, the combination of almost uninterrupted economic growth; steadily rising real property...
What’s mine may be yours
If you bought something on finance recently, chances are that you have created a “security interest”. The laws affecting security interests are about to change....
Binding Financial Agreements, not so binding?
In recent years the soaring wealth of Australians and the increase in second marriages has given rise to a marked increase in couples seeking to enter into Binding Financial Agreements under section 90B of the Family Law Act 1975...
Civil Procedure Act 2010
The Civil Procedure Act 2010 will come into effect on 1 January 2011 in Victoria....
Self Managed Super Funds and Borrowing
In the past self managed superannuation funds (SMSF) were generally not allowed to borrow. This changed in 2007 with the implementation of instalment warrant borrowing. In June 2010 the rules were changed again and so was the name. The...
Self Managed Superannuation Funds (SMSF)
With the ageing population and issues such as dementia, consideration should be given by members of SMSF to put an enduring power of attorney (financial) in place. If a trustee/member of a SMSF is under a legal disability, a person who...
Providing for Others through a Will
The majority of people desire to financially assist their family and also to contribute towards their community. One of the ways of doing that is by making a will. A will is a legal document by which a person provides for the...
Legal acquisition creates history
The acquisition of Castlemaine firm LMSW Lawyers by Bendigo based Robertson Hyetts Solicitors will take place on 1 February 2011. It will consolidate the two firms who have a combined history of service in Bendigo and Castlemaine of...
