Bird Legal supports local Netball Club

Bird Legal have come on board as the newest Principle Rep Sponsors of the Bathurst Netball Association in order to help grow the local Club. The funding will be contributing to a brand new picnic area to improve the already fantastic facilities. 

When asked, why Netball? James’ answer was simple – “Sporting pathways are expensive. We believe in the importance of funding for sports groups and the difference it can make to a club as well as the individual players and the overall community.” 

Andrew at the helm of Oberon's newest association

Our very own Andrew Bird is the new President of the recently amalgamated Oberon Business & Tourism Association.

In March 2015, the Oberon Business Association and the Oberon Plateau Tourism Association merged with one common goal. To promote Oberon Business & Tourism

“It makes sense to have the one entity as we can work towards getting Oberon’s name out there.” Andrew Bird said.

With 120 business members, the new association’s primary goal is to promote the ongoing economic prosperity of Oberon and District by working to attract visitors to the area, and offering support to business and community groups (Source: oberonaustralia.com.au).

“Tourism is good for business in Oberon; the more visitors we have to town, the more local businesses benefit.” Andrew continued to say. 

Considering Using Your Self Managed Super Fund to Purchase Property?

Did you know that your SMSF may be able to borrow the required money?

We have provided a simple step-by-step process to ensure you are ready to search for a property! Don't forget to read the additional requirements below!

1. Do you have an SMSF and, if so, is it able to borrow? An SMSF upgrade may be required
2. A seperate "bare trust" must be created which will hold the legal title to the property until the loan is fully repaid
3. Arrange a "limited recourse borrowing" through your bank. Under these loans, the bank's rights are limited to the asset held in the bare trust. There is no recourse to the other assets held in the SMSF

If you have completed the above steps, you are now ready to search for a property!!!

Important!!!

• It must be solely used to provide retirement benefits to members of the SMSF
• It must not be lived in or rented by a member of the fund or a relative of a member
• It may not be purchased from a related party of a member
• It may be used to purchase your business premises

Remember, you should seek the advice of a legal advisor with experience in this field, in conjunction with your accountant, before you start your property search. There can be significant risks, unexpected time delays and stamp duty implications which can all be avoided if you get the property guidance from the outset. 

Bird Legal has the expertise to guide you through each step to achieve your investment strategy. 

Call us today for more information!!

BATHURST - 02 6331 7700

OBERON - 02 6336 1758

Or visit our website!

New Alcohol Interlock Laws

New laws for NSW drivers convicted of repeat or serious drink-driving offences started on 1 February 2015. In addition to the fines and gaol penalties that apply, most serious or repeat drink-driving offenders convicted of an offence committed on or after 1 February 2015 will now be disqualified from driving for five (5) years unless they complete a shorter disqualification period and an ‘interlock period’. Interlocks are electronic breath testing devices connected to the ignition of a vehicle. They stop the vehicle from starting if alcohol is detected. Interlocks also photograph the person providing the breath sample and record that together with all breath test results and attempts to tamper with the interlock. Participants in the interlock program will have to fit interlocks to their vehicles (at their own expense) and will only be licensed to drive vehicles which have an interlock device installed. The length of the interlock period ordered could be for one to four years, or even longer depending on the seriousness of the offence and whether it is a first or subsequent 'alcohol related major offence' within five years. Roads and Maritime Services (RMS) will have access to the performance of people on the interlock program and will monitor the interlock data. Possible consequences of people attempting to drive while they have alcohol in their blood include warning letters, referrals for health interventions and extension of the interlock period. If you have been charged with drink-driving and you think an “Interlock Order” may be appropriate for you, do not hesitate to contact James at Bird Legal to discuss your options. Visit our website www.birdlegal.com.au

CIVIL LAW DEBT RECOVERY - Defence

Last blog we looked at the Statement of Claim and its relevance to debt recovery proceedings. This blog we shall examine the process involved in filing a defence when you are a defendant in a matter.

Filing a defence

The filing of a Defence is the process by which a person is able to dispute owing monies to the plaintiff. If you are disputing that any money is owed then it is crucial that within twenty eight (28) days of a Statement of Claim being served on you that you file a Defence.

A Defence is a document which is filed with the court which sets out the following:

1. Who you believe the plaintiff is, e.g. an individual or a corporation;
2. Who you believe the defendant is, e.g. an individual or a corporation;
3. Whether you “admit” any parts of the Statement of Claim;
4. Whether you “do not admit” any parts of the Statement of Claim;
5. Whether you “deny” any parts of the Statement of Claim.

Once filed, the Defence must then be served upon the plaintiff.

After filing the defence the court registry will notify you as to when the matter is listed for a Case Conference. A Case Conference will provide the opportunity for the parties to examine all options of settlement and to discuss the issues in dispute, if no settlement is reached, the registrar will make further directions as to the timeline of the matter.

If you have an outstanding debt and require help in recovery of this debt, please do not hesitate to contact James at Bird Legal on 6331 7700 or email him at james@birdlegal.com.au.

CIVIL LAW DEBT RECOVERY - Enforcement

Last blog we looked at how people file a Defence when defending a claim, this blog we shall look at various options available to the judgement creditor when enforcing the debt, once judgement has been entered in favour of the plaintiff.

There are a number of enforcement options available to a judgement creditor, however, two (2) of the more common enforcement options are as follows:

Garnishee of wages

To garnishee the debtor’s wages, subject to the Uniform Civil Procedure Rules once a garnishee order has been made, the order attaches to any wage or salary which is payable to the judgement debtor.

In effect the order specifies the amount outstanding and directs the garnishee (the employer of the judgement debtor) to pay the judgement creditor such amounts from the wages of the debtor as permitted by the rules until such time as the debt is satisfied.

Writ for Levy of Property

If your application for a writ for the Levy of Property is successful the Writ allows the sheriff:

1.      to seize and sell goods belonging to the debtor;

2.      to seize money belonging to the debtor;

3.      to enter into possession of and to sell land belonging to the debtor; and

4.      to take and to sell choses in action or equitable interests in goods or land held by the debtor.

The sheriff cannot seize or sell clothing, bedroom or kitchen furniture, or any tools of trade (including vehicles, plant, equipment and reference books) if they are used by the debtor or any member of his family.

If you have an outstanding debt and require help in recovery of this debt, please do not hesitate to contact James at Bird Legal on 6331 7700 or email him at james@birdlegal.com.au.

CIVIL LAW DEBT RECOVERY - Statement of Claim

Last blog we had a look at the 1^st step involved in recovering monies owed to you, that being the Letter of Demand. This blog we will be looking at the 2^nd step in recovering monies owed to after our Letter of Demand has not had the desired effect.

Statement of Claim

The filing of a Statement of Claim is usually the 2^nd step in Debt Recovery Proceedings. After having offered the debtor the opportunity to resolve the matter by amicable means, in filing a Statement of Claim you are commencing proceedings to seek the court’s assistance in the recovery of those monies outstanding to you.

A Statement of Claim is a document which is filed with the court which sets out the following:

1. Who the plaintiff is, e.g. an individual or a corporation;
2. Who the defendant is, e.g. an individual or a corporation;
3. What your case is about;
4. What you are owed;
5. What relief you are seeking, e.g. interest, legal fees etc.

In processing this document with the court, the Registry staff will indicate on document the date and time when the matter is first listed before the court.

Once filed, the Statement of Claim must then be served upon the defendant.

Regulations pertaining to service are complex and must be strictly adhered to. Failure to comply with rules of service can mean that the court may rule that the Claim has not been properly served upon the defendant and the matter is unable to proceed until effective service has been carried out.

If you have an outstanding debt and require help in recovery of this debt, please do not hesitate to contact James at Bird Legal on 6331 7700 or email him at james@birdlegal.com.au.