Southern Legal

12/09/2023

12/06/2023

Special Disability Trusts - Providing for a Special Needs Child After Your Death.

A special disability trust (SDT) is a legal arrangement designed to provide financial support and security for individuals with disabilities. It allows families and caregivers to set aside funds and assets for the benefit of a person with special needs, without jeopardizing their eligibility for government assistance programs such as NDIS, or Centrelink Supplemental Security Income.

The purpose of a special disability trust is to supplement the government benefits received by the person with a disability, rather than replacing them entirely. By creating a trust, families can ensure that their loved one with special needs continues to receive essential government benefits while also having additional financial resources to improve their quality of life.

To establish a special disability trust, a family member or a third-party trustee must create a legally binding document that outlines how the trust will be managed and disbursed. The trust document specifies how funds should be used and who will have decision-making authority over the assets.

One crucial aspect of a special disability trust is its "special needs" provision. This provision ensures that the funds held within the trust are not considered as a countable resource when determining the beneficiary's eligibility for government benefits. This protection allows the individual to retain their access to important programs and services that support their healthcare, housing, and other essential needs.

The trustee of a special disability trust has a fiduciary duty to manage the trust assets responsibly and in the best interest of the beneficiary. They are responsible for making distributions from the trust to provide for the beneficiary's supplemental needs, such as education, therapy, medical expenses, recreational activities, and personal care.

It is important to note that the rules and regulations governing special disability trusts may vary depending on the jurisdiction. Therefore, families considering the establishment of a special disability trust should consult with an experienced lawyer advisor who specializes in disability law to ensure compliance with local laws and regulations.

In Summary, a special disability trust provides families with a valuable tool to secure the financial future of individuals with disabilities. It allows them to enhance their loved one's quality of life while preserving eligibility for vital government benefits

23/05/2023

Whistleblower Appeals Court Decision to Deny Him Protection.

ATO Whistleblower, Richard Boyle claims a judge was wrong to deny him whistleblower protections, and says Australia’s laws should have shielded him from alleged acts made in preparation to expose the conduct of the Australian Taxation Office, court documents show.
Boyle has lodged an appeal against a key decision in the South Australian district court, denying him the protections of the nation’s Public Interest Disclosure Act, which left him facing criminal trial on 24 charges – including the alleged use of his mobile phone to take photographs of taxpayer information and covertly record conversations with colleagues.
Boyle’s case was the first proper test of the whistleblower protections and was widely seen as crucial in understanding the flaws and weaknesses in the current regime, which Labor has proposed reforming.
The court ruled that Boyle could not be protected for allegedly unlawful acts while gathering evidence to prepare to blow the whistle about the ATO’s unethical and aggressive pursuit of debts. Boyle, an ATO worker based in Adelaide, made disclosures internally at first, then to the inspector general of taxation, and, ultimately, to Fairfax Media and ABC Four Corners.
(First Published in Guardian Australia 19 May 2023. Christopher Knaus, author)

18/05/2023

Delivering his second budget on 8th May 2023, Treasurer Jim Chalmers announced that applying for Australian visas is about to get more expensive from July. He also revealed that around 70 percent of places will be allocated to the Skill stream in the 2023-24 Permanent Migration Program.

Here's a roundup of all the major visa changes coming into effect this year.

Applying for an Australian visa to get more expensive from 1 July 2023.
Skill stream to account for 70% of all places allocated in the 2023-24 Migration Program.
Student visa work restrictions to be capped at an increased rate of 48 hours per fortnight from 1 July 2023.
Extra two years of post-study work rights to Temporary Graduate visa holders with select degrees.
For the 2023–24 permanent Migration Program, the Albanese Government will stick to 190,000 places, with 137,100 places (around 70 per cent) allocated to the Skill stream to help address the country's long-term skill needs.

04/04/2022

The recent seller's market in real estate appears to be cooling with suggestions that interest rates are soon to rise perhaps causing some hesitancy for people to sign up for new mortgages.

21/09/2021

Local real estate agents have told us that the recent increase in sales prices is a result of the shortage of quality housing stock coming onto the market. It is the law of supply and demand. Now may be a good time to consider selling and taking advantage of the situation. At Southern Legal our fees for residential conveyancing are at a reasonable fixed rate no matter the value of the property sold.

14/09/2021

A Special Disability Trust is a testamentary trust which attracts social security means test concessions for the beneficiary and eligible contributors. The purpose of the trust is to assist immediate family members and carers who have the financial means to do so, to make private financial provision for the current and future care and accommodation needs of a family member with severe disability and receive means test concessions. If you wish to make provision for the needs of such a family member after your death and want to know more, call us to arrange an obligation free initial consultation.

01/09/2021

As from 11 October 2021, property titles in NSW will be entirely electronic records maintained by Land Registry Services (LRS) As a result, all paper Certificates of Title will become null and void from that date and will have no legal effect. You may keep them as historical documents or you may destroy them, as you wish. If we are holding Certificates of Title in Safe Custody on your behalf you may arrange to collect them or provide us with instructions as to how to deal with them.

01/09/2021

We are still operating in these time of the Covid virus. If you attend our office we do require you to either log in using the QR code or by entering your details in the register at the front counter. Alcohol based hand cleanser is available and we ask that you wear a properly fitting face mask and engage in social distancing. We have systems in place for the electronic signing of documents including affidavits and other Court documents. We are also able to conduct conferences via Zoom, Duo and Teams Meeting if required. Please keep safe everyone.