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tindall gask bentley - hearings Issue No. 3 - May 2010
tgb.com.au
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  Welcome to the TGB newsletter

In this issue:

New office open at Whyalla
The TGB Lunch
Paraquad SA TGB 'Drive for Life' Golf Challenge
New legal advisory service to REISA  members
Forever Proud to Defend Cops
Conflict avoidable with a Will
Pre-nups - Insurance for the future
Barney Gask joins Oakbank Racing Club Committee
Southwark Hotel - Thebarton
New Legislation for Unfair Contract Terms
New Business Migration Service

   
 
     
  New office now open at Whyalla

TGB have opened a new office at Whyalla, which was formerly the practice of Gerard Downing and Associates.
"An opportunity recently presented itself to provide further service to the Eyre Peninsular by opening an office in Whyalla. We see this as a logical addition to our Port Lincoln office" says TGB General Manager, Claudio Galloni.
The office located at 18b Forsyth Street, Whyalla, is open 5 days per week to offer legal advice in the areas of Family Law, Wills & Estates, Personal Injury, Workers Compensation, and Business and Property Law. To make an appointment please contact Leah Ervine in Whyalla on 8645 7055.
 

     
 
 
The TGB Lunch The TGB Lunch

This year's annual TGB Lunch was held on 19 February 2010 at Primo Estate Winery in the picturesque McLaren Vale region.
TGB lawyers were accompanied by 45 guests invited for lunch in recognition of their generous support of TGB over the last year.
“The food, wine, company and entertainment were all thoroughly enjoyable and I enjoyed myself immensely” – Stephen Hodder, Chief Financial and Operations Director, Law Society of South Australia.
To view the more photos of the day click here.


 

 
 
Over $25k raised for Paraquad SA Over $25k raised for Paraquad SA

The Tindall Gask Bentley Drive for Life Golf Challenge held in March raised in excess of $25,000 for Paraquad SA. Our staff joined His Excellency Rear Admiral Kevin Scarce, special guest speaker Gary Hocking and guests at the event held at the Royal Adelaide Golf Course. TGB has been the major sponsor of the Drive for Life Golf Challenge since its inception 5 years ago, which has become a highlight on our firm's event calendar. The event was as always very generously supported by Mr Martin Palmer, of the Palmer Group of companies. This is much more than a great social networking event – Paraquad SA is an important provider of services with funds being raised to support those in our State who have experienced the trauma of spinal cord injuries. For more information visit www.pqasa.asn.au To view more photos of the day click here.

 
 
New legal advisory service to REISA members

TGB and the Real Estate Institute of South Australia (REISA) are excited to announce a free legal advisory service to REISA members. The service commenced on Tuesday 23 March 2010.
Up to 30 minutes of legal advice will be available at no cost for all practising REISA members in the areas of Business and Property Law, Family Law and Wills and Estates.
The service will be available by appointment only on Tuesdays at REI House. Appointments can be made to receive preliminary advice (30 minute appointment) by calling REISA’s Information Line on (08) 8366 4345. Further information about this service will be announced in the next edition of the REM Journal published by REISA.
Please be advised that REISA's Information Services Line is still available for general advice for members and consumers. This service is available Monday to Friday from 9am-12pm and 1-4pm on 8366 4345 or 1800 804 645 for country callers.
 

 
 
Forever proud to defend cops Forever proud to defend cops

(Article by Brett Wiliams, Police Journal, February 2010)

Morry Bailes has earned, and so gets to enjoy, all the trappings of his highly successful legal career. He drives the luxury car, wears the expensive clothes, and lives in the hilltop home with his beautiful wife, Mel, and two young children. To view the full article click here.

 

 
Conflict avoidable with a Will

The loss of a loved one is a distressing time for the family that is left behind. Not only must they deal with the grief of their loss but they must also consider the legal issues that need to be addressed, sometimes very soon after death. The executor’s role is to represent the deceased and act in the best interests of the beneficiaries. They are responsible for protecting the assets immediately after death but there can be great uncertainty and conflict between family members when there is no Will giving someone the authority to do what is required. To view the full article click here. Please call TGB’s Wills & Estates Team to make an appointment to discuss your Estate Planning needs.

 

 
Pre-nups - Insurance for the future

The break-up of a relationship is devastating on so many levels. Our family lawyers regularly advise people whose worlds have fallen apart after they or their partners have decided to end their relationship.
They struggle with a range of issues: how property is to be divided; future care arrangements for children; how to make income that previously serviced one household now stretch to two. Our lawyers are sympathetic to the grief and anger the situation may cause.
It is surprising then how few people enter into pre-nuptial agreements (for marriage) or cohabitation agreements (for de facto relationships, including same-sex) to protect their assets prior to relationships and therefore avoid the trauma of a property settlement with an estranged partner.
It is relatively simple for parties entering a relationship to record their agreement, about how property is to be divided in the unfortunate event of a relationship breakdown. To view the full article click here. For more information regarding these financial agreements please contact TGB’s Family Law Team to arrange an appointment.
 

 
Barney Gask joins Oakbank Racing Club Committee Barney Gask joins Oakbank Racing Club Committee

Barney Gask is no stranger to the racetrack, and since he first attended the Oakbank Easter races as a grade nine student, he has not missed one. More than 20 years later, he has become a member of the Oakbank Racing Club committee. “I’m very excited to be involved in such an iconic South Australian event and to see it grow,” he says. To view the full article click here. Barney is a Partner in TGB’s Personal Injuries Team, practicing in the areas of car accident injuries, work related injuries and injuries in a public place.

 
Southwark Hotel - Thebarton

Congratulations to Sam and Verity Ferguson on acquiring the Southwark Hotel in Thebarton. After a few years break following the sale of their previous hotel The Oakbank, Sam and Verity are back amongst it at the family friendly Southwark Hotel.

They said it “It has been great dealing with Julie Height and her team again during the purchase of our second hotel. The peace of mind afforded as a result of a continued professional relationship is priceless” – Sam and Verity Ferguson, Southwark Hotel.

For more information on the sale or purchase of a hotel please contact  TGB’s Business and Property Law Team to arrange an appointment.
 

 
New Legislation for Unfair Contract Terms

As of 1 July 2010 the Trade Practices Act will be amended to prevent contract terms that are considered to be “unfair” from being enforced in standard form consumer contracts.
The new provisions will only apply to standard form contracts for the supply of goods and services, predominantly for personal, domestic or household use to an individual which have been entered into or varied on or after 1 July 2010.
An obvious example of this type of contract are telephone contracts. However it is possible this legislation could extend to standard terms contained in existing agency agreements and land contracts.
Although the provisions do not expressly state what contractual terms will by definition be “unfair”, they do provide some guidance. For example, a term in a contract which gives the dominant party a unilateral right to terminate the contract would most likely be considered “unfair” and consequently the “unfair” term will be considered void and the contract will be read without that term.
The new provisions will also add to the range of remedies available to the ACCC for breaches of the consumer protection provisions of the Act.
If, your business utilises standard form contracts (ie a pre-written contract which is generally not subject to negotiation) to be executed by individuals, you run the risk that certain terms in that contract may be determined to be “unfair” and therefore void.
If you are in doubt how this may affect your business’ contracts please contact TGB’s Business and Property Team to arrange an appointment.
 

 
New Business Migration Service New Business Migration Service

Donna Benge is now registered as a Migration Agent (MARN 1065823) and will practice in the area of Business Migration Law. Donna and Brendan Connell have recently returned from China where they have been advising Chinese businesses on migration and business opportunities here in South Australia. Donna's business migration clients will have access to TGB's Business & Property Law Team to facilitate the visa process by assisting in the acquisition and establishment of the right business for them.



They said it “Without doubt the few dealings my wife and I have had with lawyers you would have to be the best experience we have had. Your advice along with timely adherence to matters at hand with consideration to timeframes involved put us both at ease when we were both at the point of exhaustion with the ‘system’. Be assured we will be speaking highly of yourself and your firm to those in need of legal representation and advice”. Bob & Pat Ireland, clients of Gary Allison, Partner, Personal Injuries Team.

     
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