Dooley Blog

The Countdown is on!

Mon, 21 May 2012 01:51:00 GMT

The countdown is on for the team here at Dooley & Associates, boxes are being packed and all the details attended to - that's right, it's moving week!

This is just a reminder that Dooley & Associates are very excited to announce that our head office at Parramatta will be relocating to Suite 1.03, Level 1, 460 Church Street, Parramatta NSW 2150.

Please note that as we will be closed for the move on Friday, 25 May 2012, there will be a disruption to our normal services on that day. We apologise for any inconvenience caused.

We will be operating from our new premises as normal as of 8.00am Monday, 28 May 2012. All of our other contact details will remain the same.

Business or Revenge – Keeping your Perspective in Family Law Matters

Mon, 14 May 2012 22:55:00 GMT

On TV, or when talking to people, it’s common to hear someone say that they will take their spouse for everything they have. “I’ll show them” “If they are going to leave me, I’m keeping everything” “They left, they should have to pay” or the good old “I’m going to take them to the cleaners”.

There are two main problems with this approach to negotiations in a family law matter:

1. it takes a high emotional toll; and

2. your legal fees will escalate rapidly.

Most people who are using these phrases have experienced a very nasty breakdown of the relationship, and are seeking a way to heal the wound or find a way to exact revenge for the behaviour of their former partner.

Tips on how to avoid a ‘revenge’ family law settlement

1. Evaluate your financial needs. Understand what you realistically need to achieve from your financial settlement with your former partner. It may be a good idea to go see a financial planner before starting the negotiations.

2. Where possible, attempt to communicate with your former partner about their expectations. If you can’t speak with them, try email communications. Try to keep your communications non-accusatory, factual and to the point.

3. See a counsellor to assist you with the emotional aspect of the breakdown of your relationship. Discussing your situation with a counsellor will be of great assistance to you to assist you with separating your emotions from the financial settlement.

If you need to discuss your financial settlement, please contact our family law team at Dooley & Associates.

Law Week, NSW Young Lawyers

Wed, 16 May 2012 06:01:00 GMT

This week Dooley & Associates were proud to have Mais Bwadi, solicitor attend Law Week as the regional delegate for New South Wales Young Lawyers.

We are recruiting

Wed, 16 May 2012 00:23:00 GMT

We are seeking a lawyer for our General Practice (min 2 years PAE)

Are you interested in challenging legal work with a diverse range of business and individual clients in a positive environment which encourages you to reach your full potential?

Dooley & Associates is a vibrant, innovative and progressive law firm based in Parramatta. We are a general legal practice who are passionate about providing value for money legal services within a quality certified framework. We are closely connected with the local business community and provide significant contributions to charities and not for profit organisations. We have a friendly team with an open and transparent work culture with direct access to the Managing Partner.

We are seeking an enthusiastic lawyer to join our dynamic practice. The successful candidate will possess a demonstrated ability to work within a team, develop and foster relationships with colleagues, clients and network partners, be a self starter, able to prioritise work effectively and competently manage their own files.

The role will deal with a wide range of types of work including workplace law, civil litigation, estates litigation and criminal work. The successful candidate will have a desire to seek out and win new work from existing and new clients. You must be able to work autonomously.

Experience and/or an interest in family law (to assist with overflow work) would be viewed favourably but not essential.

The role offers genuine opportunities for career progression and great exposure to all aspects of a general legal practice.

Salary to be negotiated depending on skills and experience.

If you are ready to take control of your career and join one of Parramatta’s most reputable firms apply now by sending a resume and cover letter to info@dooley.com.au

Can you really justify driving and texting?

Thu, 10 May 2012 23:32:00 GMT

Following a US man claiming that the woman texting him was also to blame when their text exchange resulted in a crash, here is a reminder to all drivers of just what the rules are surrounding the use of mobile devices in a car and the penalties for being caught texting, reading a text or using your mobile device whilst driving.

Whatever the circumstances you believe justify the reason for sending or reading text messages whilst driving, it is illegal to drive a vehicle whilst using a mobile phone and there is a significant fine and loss of three demerit points should you be caught doing so. It is also illegal to carry out phoning or texting whilst stopped at traffic lights or when your vehicle is stopped but not parked.

Whilst a hands free device can lessen the impact of making and receiving calls, it doesn’t make it safer to use a phone whilst driving. Concentration is still diminished and you are diverted from the proper control of your vehicle, the traffic situations around you and road conditions. Research from The Institute of Road Safety in the Netherlands found that “hands free phoning does not have a significant safety advantage over handheld phoning.” Other Australian studies carried out by State roads authorities have concluded that “using a mobile phone while driving is dangerous as it slows reaction times and interferes with a driver’s perception skills, increasing the chance of having a crash”.

For Learner drivers, P1 drivers and motorcycle riders, any use of a mobile device is banned, including hands-free or phones on speaker.

The RTA has this advice for drivers:-

If you must talk on a hands-free phone while driving:

• Make sure it is a hands-free phone that is set up and working before you start driving.
• Keep the conversation short. Don't engage in complex or emotional conversations.
• Tell the person on the other end that you are driving and may have to end the call.
• Never text message (SMS) while driving.
• End the call if it is distracting you from driving.

A final tip to help keep you focused and safe whilst on the road - turn off your mobile phone whilst driving and retrieve your messages when you are parked and ready to concentrate.

Should you find yourself facing a Traffic Infringement or Court Attendance Notice, please contact our friendly team who can help you resolve the matter as quickly and effectively as possible.

Understanding the role of mediation and negotiation in a family law matter

Tue, 08 May 2012 02:52:00 GMT

When many people think of family law, the first thought is of acrimonious scenes and courtroom drama. Thankfully, this is not the case for every person who finds themselves in a situation where they require assistance with their family law matter.

It is essential in working through your family law matter that you understand that you have the option of attempting to negotiate with your partner, whether it is just between the two of you or with the assistance of a mediator or solicitor.

Why negotiate?

Getting to a point of settling (formally resolving) your family law issues can save you significant amounts of money that would otherwise be spent on legal representation and Court fees and also save you the time, effort and emotional distress of pursuing your matter through the Courts.

We understand that there are situations when taking your matter to Court is inevitable, whether there are safety issues or the parties are simply too far apart in their expectations, however negotiating is always an option worth considering.

When to negotiate?

You can open negotiations with your former partner whenever you are ready. You will find that negotiating when you are both in a calm frame of mind will be more successful.

How to negotiate?

You can start discussions personally with your former partner, negotiate through a solicitor, or through a mediator.
However you choose to negotiate, it is important to know that in order to formalise your agreement (that is, make it binding on both people) you need to prepare and both sign (and in the case of Consent Orders, file with the Court) either:

• Consent Orders; or
• a Binding Financial Agreement; and/or
• a Binding Child Support Agreement.

It is often of helpful for you to obtain some initial legal advice as to what is achievable, workable and realistic in terms of a settlement. This way the parties to not waste their energies and time on agreeing to something which may not be achieved in practical terms. Even if advice is not sought beforehand we strongly recommend that once you have reached an agreement with your former partner you seek legal advice to ensure that the agreement you have reached is properly implemented and binding on the parties.

Dooley & Associates are here to assist you with all your family needs, please don’t hesitate to contact us.

Super Wherefore art thou

Thu, 03 May 2012 00:37:00 GMT

In 2010, the Australian Government introduced an initiative to reduce the mounting dollar value of “lost” superannuation . Although it is reported the initiative has reduced lost super from $14 billion in 2011 to $5.3 billion in 2012, that still represents a substantial amount of superannuation contributions which remain unclaimed.

On average, Australian employees will change career six times throughout their working lifetime and with these changes of employer often comes the emergence of multiple superannuation accounts resulting from failure to consolidate their super into the one fund . This may also be a result of changing address or name without advising their super fund or having had to join the super fund offered by the employer. As a result of multiple super accounts, multiplication of administration fees can erodes the balance of each account held.

Under the changes, super fund providers are obliged to transfer accounts with less than $200 to the ATO where they have greater resources to locate the owner of the savings. These individuals make up the ATOs Lost Member Register (LMR).

SuperSeeker is a free tool accessible online or by phone which is designed to help individuals on the LMR locate their lost super. It is an amalgamation of your active super accounts - contribution made within the last two years - lost super accounts reported to the ATO and any super savings transferred to the ATO under your name.

To find out if you are one of the many people owed super funds from the $5.3billion held, check the SuperSeeker website here. You will need Tax File Number for identification purposes.

If Dooley & Associates can assist you with a matter, please don't hesitate to contact us.

Moving in May!

Fri, 04 May 2012 05:26:00 GMT

Dooley & Associates are excited to announce that our Head Office at North Parramatta will be relocating from our present location at 11 Grose Street, North Parramatta, to Suite 1.03, Level 1, 460 Church Street, Parramatta NSW 2150 on and from Monday 28 May 2012.

Dooley & Associates was initially located in central Parramatta between 1998 and 2001. In 2001 Dooleys relocated to the commercial cottage in Grose Street. After careful deliberation, we are now moving to a commercial premises on Church Street in North Parramatta which provides easy access for clients, great facilities for both our staff and clients and plenty of parking close by.

We feel that this move will be of benefit both to our staff and our valued clients.

We are very excited about our move and look forward to seeing you at our new office.

Firearms held for personal or professional reasons in NSW

Mon, 23 Apr 2012 22:50:00 GMT

All firearm users in NSW must be registered with the Commissioner of Police and must hold a permit and licence for the gun or pistol they possess. You can apply for a licence through the Firearms Registry.

It is an offence for a person to sell, purchase, possess or use a firearm which has not been registered.

A licence will not be approved until proof can be provided that the applicant has completed an approved firearms licence qualification course.

A firearm may only be used in connection with the genuine reasons for the grant of the licence or as authorised by the permit. Reasons for holding a gun licence are:-

Membership of a gun or pistol club
Recreational hunting or vermin control
Vertebrate pest animal control
Business or employment
Rural purposes
Animal Welfare

It is important to remember that the above regulations apply to both working and replica firearms even if you are only collecting replicas for display in your home.

Should you require further information to ensure you are correctly registered with the applicable permits and licences, or have any issue with guns currently in your possession, contact Dooley and Associates to assist you.

Hiring older workers - will the latest government scheme help?

Thu, 19 Apr 2012 04:18:00 GMT

The Federal Government has a new scheme it is implementing to encourage businesses to employ older workers. Older workers are designated as people 50 years or older. Employers will be paid $1000 if they employ an older worker for 3 months or more. Minister for Ageing, Mark Butler, says the scheme will cost $10 million over four years and says it recognises the contribution mature-aged workers can make.

The new scheme will come into place in July as part of the Jobs Bonus scheme and comes as a result of the recent “Economic Potential of Senior Australians” report. The report highlights the value of employing older people.

Businesses considering employing older employees under the scheme should also consider the following. From research by Stephen Bastien, a US based business consultant, the following list were found to be the bonuses to business from employing older workers. He found they were reported more likely to be:-

1. Dedicated workers who produce higher quality work

2. Were punctual

3. Were honest

4. Were detail-oriented

5. Were good listeners

6. Had pride in a job well done

7. Had good organisational skills

8. Were efficient and confident to share recommendations and ideas

9. Mature from years of life and work experience

10. Good role models and excellent mentors

11. In possession of good communication skills, were diplomatic and understood workplace politics

12. Of a mindset that working for a company can be about much more than just collecting their pay each week and are shown to be very loyal

Older workers also offer something small business could find very attractive - flexibility. Not all older workers want to work full time which could suit the budget of small business well.

What are your thoughts on the Federal Government’s scheme? Do you think it will change employer’s hiring patterns or strategies?

Lest We Forget - ANZAC Day

Tue, 24 Apr 2012 04:48:00 GMT

For some it may just be another public holiday however, when the Last Post plays over hills of Gallipoli on 25 April 2012, all Australians are asked to remember the fallen of the disastrous military campaign in 1915 and all of our soldiers wounded or killed in battle over the years. It is a time to remember and say thanks for their sacrifice so that we may enjoy the wonderful freedoms that we have today.

Police have announced, having been sparked by recent unfortunate events, that antisocial behavior over the ANZAC memorial period will not be tolerated. In 2011 there were up to 300 arrests in NSW alone, including two serious glassings at a Sydney RSL. In order to combat this police have announced the implementation of alcohol free zones as well as an increased police presence crowds gather on ANZAC day to counter disorderly behavior.

There will also be road closures throughout the city to facilitate the march and large crowds, consult the RTA website for details of the closures.

Individuals and businesses are also advised to follow restrictions placed on business under the Retail Trading Act (2008) all non-exempt shops are to remain closed on Wednesday until 1pm . Those who are exempt (e.g. smaller stores not meeting the restrictions of the Act) are asked to follow the restrictions as a mark of respect for ANZAC day.

We hope that everyone can take the time and effort to remember those that lost their lives fighting for our country and make ANZAC Day in 2012 a day to be enjoyed in the spirit of the ANZACs.

Lest We Forget.

Nobody plans to have Dementia

Mon, 16 Apr 2012 05:29:00 GMT

Estate Planning has become somewhat of a taboo topic in today’s society. No one wants to talk about what happens when you are no longer able to make decisions or unfortunately, it is discussed when it's too late to be able to make a choice. A recent article published in the Sydney Morning Herald on 29 March 2012 reported that dementia rates are set to soar and as such that it is imperative that more Australians plan as to what is to happen when they can no longer manage their health care, end-of-life care, or financial affairs.

It was reported that only about 55 per cent of Australians have a will, and an even smaller proportion have prepared Enduring Guardianships, Powers of Attorney or Health Care Directives recording their wishes.

It is imperative that you ensure that you plan for your future needs when you are able to make a well informed choice. This is the only way that you can ensure that your wishes are carried out and that your loved ones are protected.

The report reveals a looming dementia epidemic for NSW, with the number of people with the condition set to increase from 95,000 to 303,500 by 2050. A separate analysis shows the electorates expected to be most affected include Tweed, Port Macquarie, Myall Lakes, Bega, Wyong and Port Stephens, with projected increases of up to 400 per cent.

If you would like to stand out from the crowd and start planning for the future to ensure that you have make your wishes clear and binding then and provide protection for your loved ones, call us at Dooley & Associates and we will be able to assist you with any of your Estate planning needs, such as drafting of Wills, Power of Attorney, Enduring Guardianship and Health Care directives.

Plus one coding for blog post –

NSW First Home - New Home Scheme

Mon, 16 Apr 2012 05:33:00 GMT

If you are a first home buyer, you may ask, "Whats the current situation with the First Home Owners Grant and are there any Stamp Duty exemptions available? Is it still available? "

The answer is two fold.

The First Home Owner Grant Scheme is funded by the NSW Government and was set up to to assist first home buyers to purchase their first home by providing them with a grant in the sum of $7000. The grant is not means tested, however there are eligibility criteria which must be satisfied and there is a cap placed on the value of the home.

So the answer to the first question is "Yes the grant is still available".

The second part of the question – Stamp Duty exemptions

As of 1 January 2012 The New Home scheme was introduced. This scheme provides exemptions on Stamp Duty on new homes valued up to $500,000. There are concessions on duty for new homes valued between $500,000 and $600,000.

There is no duty payable for eligible purchasers when buying a vacant block of residential land to build their home provided the land valued no more than $300,000. There are also concessions on duty for vacant land valued between $300,000 and $450,000.

First Home—New Home exemptions or concessions do not apply to the purchase of an existing dwelling.

The answer to the second part of the question is "YES" there are still exemptions available. There are however a few criteria which need to be satisfied.

You can read more about the above schemes by clicking on the link below or watch the YouTube summary at www.osr.nsw.gov.au/benefits/first_home

If you have any question or would like us to assist you with your new home purchase, please contact our friendly staff at Dooley & Associates. You may wish to browse through our conveyancing pages and obtain more useful hints to assist you with your conveyance.

Plus one coding for blog post –

Pay as you go stamp duty – Good idea?

Mon, 16 Apr 2012 05:32:00 GMT

The Real Estate Institute of New South Wales has proposed a new scheme for First Home Buyers to ease the burden of having to pay Stamp Duty on top of the property purchase price. The pay-as-you-go stamp duty is designed to be similar to that of University HECS repayment.

Purchasers will be able to pay off their stamp duty over the course of three years however the government would be ‘protected’ with stamp duty guaranteed against the property in the same way as unpaid land tax.

The proposal is being actively considered by the state government to encourage first home buyers to get their foot in the fast growing property market.

So what do you think? Do you think the pay-as-you-go scheme will encourage first home buyers to purchase?

If you would like to know more about First Home Buyers then contact our friendly Property department.

Swearing in the workplace? (or How to Curb Potty-mouthed Employees!)

Mon, 16 Apr 2012 04:45:00 GMT

Whilst no law exists against swearing in the workplace, what are the implications of using bad language?

HowStuff Works.com tells us that swearing is used in social interactions to:

• Establish a group identity
• Establish membership in a group and maintain the group's boundaries
• Express solidarity with other people
• Express trust and intimacy (mostly when women swear in the presence of other women)
• Add humour, emphasis or "shock value"

• Attempt to camouflage a person's fear or insecurity

However, swearing can also be intimidating and can create harassment problems if directed at one particular person or group. Swearing can lead to a work environment being viewed as hostile with harassment, racism and sexism or other discrimination being seen as the focus of the bad language.

Aggressive behaviour in the workplace can often be accompanied by swearing. Staff members swearing aggressively at co-workers, can escalate an altercation to a level which leads to shouting, intimidation or threatening violence. Research shows that swearing increases blood pressure and anger levels the longer the cursing goes on. Calming down and stopping the bad language curbs the rage level.

Whilst swearing should be considered within the context it is said and the actual words used, it is not unreasonable to request offending employees to stop. Employers can set boundaries in their company policies which outline for staff the expectation of professional conduct. Management modelling good behaviour can be an easy start to setting the standard for employees.

If you need assistance with difficult behaviours in the workplace contact our experienced and understanding employment law team to help you work through the problems.