Amidst rising house prices and interest rates the NSW State Government have proposed a new property tax on purchasers.

In a press release the Minister for Lands, Tony Kelly said that the new tax provided new security measures to protect against fraud and ensure document security and property ownership.

If successful the new tax will require purchasers to pay an additional 0.2% of the purchase price on properties valued between $500,000 and $1 million. For properties valued over $1 million the tax increases to 0.25%. This is in addition to the stamp duty, which must be paid on all purchases.

In practical terms, the new tax will mean that for a property in Sydney with a value of $600,000 the purchaser will be required to pay $22,510 in stamp duty and $200 for the new tax.

There has been no confirmation at this stage as to whether the tax will apply to both residential and commercial properties.

The new tax is expected to be introduced on 1 July 2010.

Author: Melissa Mastronardi

In 2002, the International Labour Organisation (ILO) estimated that there were approximately 120 million migrant workers globally. In the 2009-10 financial year, Australia’s intake “budget” is approximately 115,000.

Author: Nicholas Tebbey

To access the periodical magazine 'Debate' click on the link below:
Debate

Snedden Hall & Gallop writes to Department of Immigration and Citizenship seeking a review of the general skilled migration points test.

In addition to announcing a long overdue review of the skilled occupation list, the government has announced that some 20,000 skilled visa applicants, whose applications meet all relevant criteria but who have not had their visas processed since 2007, may now have their applications returned and their visa application charges refunded.

To learn more, click on the link below:
The Australian

Solicitor and migration agent Nicholas Tebbey has been named as Young Lawyer of the Year by the ACT Law Society.

Nick is a Senior Associate with the Canberra firm of Snedden, Hall and Gallop.
Nick Tebbey's profile

The receptionist is a crucial team member in any medical practice, as he/she is the first point of contact for patients and is the intermediary through which dialogue with the medical practitioners take place. The importance of correct advice and the appropriate assessment of patients’ needs has become more critical with the swine flu pandemic that has substantially increased the demands on medical services.

It is timely to remember that the Courts have been careful to impose a non-delegable duty of care on the medical practice towards the patient, even where the advice may have been provided by an intermediary (Wren v Mukerjee ACT Supreme Court 1989); Rooty Hill Medical Centre v Gunter [2002NSWCA at 60].

There are also significant issues associated with creating what might appear to be a false belief by patients that the receptionist is a qualified health professional. The risk of creating a false impression in circumstances where incorrect advice might be provided will certainly be found to be the responsibility of the owners of the practice (Nettleship v Western [1971]2QB691).

The careful preparation of written checklists and procedures, together with training on the scope and limits of verbal advice by receptionists, are critical to the proper risk management of a medical practice. It is worth taking the time to review your practice management procedures to ensure that employees know the boundaries of their job and the consequences of perhaps over-reaching those boundaries in their eagerness to assist patients.

Author: Bill  Andrews, Director
October 2009

Eleven more claims against the Commonwealth Government by former blue-collar workers, who were denied membership of the Commonwealth Superannuation Scheme, are scheduled for hearing in November this year.

Since the High Court decision in Cornwell v Commonwealth of Australia in 2007, Snedden Hall & Gallop has received numerous enquiries by other workers who were misinformed about their eligibility to join the government scheme. In many cases, such workers were not provided with any information at all about their potential eligibility to join the scheme and have, therefore, been denied proper benefits upon retirement, in many cases leading to financial hardship.

The Commonwealth has started to consider some of the claims without the need for what has proven to be complex and expensive litigation, and it is hoped that, in the majority of cases, an alternative dispute resolution option can be adopted.

In times when the financial returns in many private schemes have been decimated, the secure investment of the Commonwealth Government superannuation scheme would have significantly benefited many of the workers involved.

If you are aware of government workers who were denied membership of the government’s superannuation scheme, or given incorrect or no advice about their eligibility to join, we would be pleased to provide some initial advice to them without obligation or cost.

Author: Richard Faulks, Managing Director
October 2009

The new Trade Practices Amendment (Australian Consumer Law) Bill 2009 was recently introduced into Parliament in an attempt to protect consumers from unfair terms in standard form business contracts. Credit providers and business operators frequently use standard form contracts, and often, the consumer has no ability to negotiate potentially unfair terms.

The provisions provide that a term is unfair if it creates a significant imbalance in the parties’ rights and is not necessary to protect legitimate business interests, such as those that limit liability, determine a breach or penalise the other party for a breach.

Although it had been anticipated that the unfair contract term provisions of the Bill would also apply to standard form contracts between businesses, their application will be limited to ‘consumer’ contracts where the transaction is for personal, domestic or household purposes. However, the Bill has been referred to the Senate Economics Committee for reporting and briefed to investigate the potential application of the Trade Practices Act to standard form contracts used in business transactions.

The unfair contract terms provision is expected to come into force on 1 January 2010 and apply to all new standard form contracts entered into or varied after this date.

Tegan Farrelley, Paralegal
July 2009

On 10 August 2009, the Australian Medical Association (AMA) issued a press release supporting the Code of Conduct for doctors, which was prepared by the Australian Medical Council.

Media reports suggested that the Code had been prepared after consultation with the AMA and other groups. It is understood that the Code will include, amongst other things, standards expected of doctors in providing medical treatment and advice.

It will be interesting to see what, if any, use is made of the Code in future claims relating to alleged medical negligence.It is understood that each state and territory medical board will consider the Code. 

We look forward to hearing more about the Code and also to receiving feedback from those in the health professions about its application to everyday practice.

Author: Richard Faulks, Managing Director
October 2009

Recent decisions of the Court remind us that careful attention must be paid to drafting restraint of trade clauses to ensure that the principal purpose of any restraint clause is to properly and effectively protect the employer organisation’s legitimate business needs and no more.

Breach of a restraint of trade clause may be the basis for the termination of a worker’s employment and, accordingly, if the Employment Agreement between the employer and the employee is not carefully drafted, the employer could be exposed to wrongful dismissal claims.

Restraint clauses will offer protection to employers who seek to safeguard their legitimate business interests, client lists and intellectual property, but the employer’s business, the employee’s role and the right of a worker to use his or her skills to earn a living must be carefully considered when the restraints are being crafted.

Author: Bill Andrews, Director
October 2009