Thursday, 14 August 2014
Wednesday, 6 August 2014
Producers can apply for Farm Finance from August 16
Posted by: Kylie Wilson
Many of our rural clients, particularly in the beef cattle industry, have had a difficult twelve months thanks to plummeting cattle prices and lack of rain. There may therefore be some interest in the restructure package being offered by QRAA, details of which are in the attached link.
Below is the link the government media statement.
Can a defective Will be validated?
Posted by: Tony Allen
We cannot emphasize enough the importance of having a properly prepared and current Will to ensure that your estate is distributed according to your wishes, however, the absence of a properly prepared will may not always be as catastrophic as you might expect.
In Queensland section 10 of the Succession Act 1981 ["Act"] provides that a will must be in writing, signed by the testator in the presence of 2 or more witnesses present at the same time and signed by at least 2 witnesses in the presence of the testator. Amendments to the Act in 2006 empowers the Court to dispense with the formal execution requirements for a will 'if the court is satisfied that the person intended the document...to form the person's will' and the document 'purports to state the testamentary intentions of a deceased person '.
In a recent case in which our Tony Allen successfully represented the executors of an estate who applied to the Court to validate the deceased's last will which failed to meet the formal execution requirements. In this case, the deceased hand wrote and signed a document which she described as her will and then signed the document in the presence of her sister but there wasn't a second witness as required by the Act. The executors of her estate wanted to ensure that the estate would be distributed in accordance with the deceased's wishes and instructed the firm to bring an Application to the Court to dispense with the strict compliance with the execution requirements. Justice Lyons found that the deceased intended the document to be her will and made an order that the handwritten document was the deceased's will notwithstanding that it had been signed in the presence of only one witness.
To read Justice Lyons' decision, go to http://www.sclqld.org.au/caselaw/QSC/2014/158.
What this case demonstrates is that sometimes an informal will can be validated by the Court, however, the costs of investigating the circumstances of the informal will and of bringing a formal application to the court when combined with the associated delays in the administration of a deceased estate, clearly demonstrate the importance of having a will properly prepared in accordance with the requirements of the Act.
In Queensland section 10 of the Succession Act 1981 ["Act"] provides that a will must be in writing, signed by the testator in the presence of 2 or more witnesses present at the same time and signed by at least 2 witnesses in the presence of the testator. Amendments to the Act in 2006 empowers the Court to dispense with the formal execution requirements for a will 'if the court is satisfied that the person intended the document...to form the person's will' and the document 'purports to state the testamentary intentions of a deceased person '.
In a recent case in which our Tony Allen successfully represented the executors of an estate who applied to the Court to validate the deceased's last will which failed to meet the formal execution requirements. In this case, the deceased hand wrote and signed a document which she described as her will and then signed the document in the presence of her sister but there wasn't a second witness as required by the Act. The executors of her estate wanted to ensure that the estate would be distributed in accordance with the deceased's wishes and instructed the firm to bring an Application to the Court to dispense with the strict compliance with the execution requirements. Justice Lyons found that the deceased intended the document to be her will and made an order that the handwritten document was the deceased's will notwithstanding that it had been signed in the presence of only one witness.
To read Justice Lyons' decision, go to http://www.sclqld.org.au/caselaw/QSC/2014/158.
What this case demonstrates is that sometimes an informal will can be validated by the Court, however, the costs of investigating the circumstances of the informal will and of bringing a formal application to the court when combined with the associated delays in the administration of a deceased estate, clearly demonstrate the importance of having a will properly prepared in accordance with the requirements of the Act.
Monday, 7 July 2014
State Government urges graziers to prepare for El Niño
Posted by: Kylie Wilson
PRESS RELEASE: Minister for Agriculture, Fisheries and Forestry The Honourable John McVeigh
Graziers urged to prepare now as El Nino looms
Agriculture Minister John McVeigh is urging producers affected by drought to begin sourcing molasses and putting other measures in place now to deal with an expected El Nino weather pattern in the coming months.
“Unfortunately for Queensland, after 18 months of severe drought there is no sign of a reprieve and we must prepare ourselves for the possibility of a delayed wet season,” Mr McVeigh said.
“This Government first announced a drought assistance program in May 2013 and we will continue to assist our farmers through this tough time.”
“About 75 per cent of the state is drought declared. The latest advice from the Bureau of Meteorology is that an El Nino pattern is expected to develop, increasing the likelihood of the current drought conditions continuing into 2015.
Mr McVeigh said graziers should start planning accordingly.
“Now is the time to reassess pasture and cattle numbers and develop a dry season plan,” he said.
“Plan ahead for supplements and molasses, establish contracts or purchase when there is greater availability and lower prices.
“Federal Government drought concessional loans are also available for a term of five years with interest rate of four per cent. The loans will be for up to 50 per cent of eligible farm business debt, to a maximum of $1 million. Farmers should contact QRAA for further information on Freecall 1800 623 946 or visit www.qraa.qld.gov.au.”
AgForce general president Ian Burnett said he supported the call for primary producers to take steps to secure supplementary feed for the anticipated ongoing dry.
“Queensland has been severely impacted by this drought and all forecasts indicate we are in for another tough 12 months ahead,” Mr Burnett said.
“It is imperative that we look to secure supplies now to avoid missing out on molasses and other feedstuffs when it is too late.
“While we hope it rains and this feed will not be required it is better to have the molasses in the tank and to prepare for the worst case scenario.”
[ENDS] 06 July 2014
Additional information
Where to source molasses -
Bundaberg Molasses Freecall: 1800 777 097
Wilmar Sugar Molasses Sales Burdekin Agent - Performance Feeds Pty Ltd Contact: Joan Warren (07) 4782 5995
Tully Sugar Contact: Camille Clarke (07) 4068 4715
Advice for livestock owners:
- wean any calves and look at what supplements may be needed
- weaning calves down to three months of age will help cows maintain condition
- adjust stock numbers according to currently available pasture and water supplies to see you through to the next wet season. Dry season forage budgeting videos can be viewed at http://futurebeef.com.au/resources/multimedia/#GLM
- sell higher risk and less profitable stock such as pregnancy tested empty and late calving cows
- cull heifers, old cows, and those with poor temperament
- tools to help assess the cost of selling versus feeding and costing nutrients, production feeding or putting stock into a feedlot are available at http://futurebeef.com.au/topics/business-management/beef-business-tools/
- consider the cost of nutrients, moisture content, risks, chemical and weed vendor declarations.
- Federal Government drought concessional loans now available. Farmers should contact QRAA for further information on Freecall 1800 623 946 or visit www.qraa.qld.gov.au.”
Tuesday, 10 June 2014
Changes to Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act
Posted by: Megan Tilbrook
State Parliament passed the Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 last Wednesday night seeking to resolve some of the key concerns raised by both the industry and local governments about the infrastructure charging regime. A link to the media statement from the Department of State Development, Infrastructure and Planning can be accessed using the following link: http://www.dsdip.qld.gov.au/news-media-events/media-releases.html
A link to the Amendment Bill can be found using the following link:
https://www.legislation.qld.gov.au/Bills/54PDF/2014/SustPlanInfraChargeOLAB14.pdf
We are hopeful that the amendments will have an impact on addressing some of the issues raised by our clients in relation to this always relevant, and often costly issue.
Latest Herron Todd White Property Report
Posted by: Scott Thompson
The end of the financial year helps bring money matters into focus. Whether it’s tying up the tax return or a serious assessment of our investment strategies, June has a history of bringing dollars to the fore. 2014 has been a year of great expectations for property markets in most big centres, so its timely that Herron Todd White professionals give their opinions on what has happened so far this year in residential and retail markets. It’s also interesting to read where these sectors might head coming into the last half of the year, particularly if a stronger economy results in interest rate gains. In this edition:
- Feature – Half time! Bring out the oranges
- Commercial – Retail
- Residential
- Rural
- Market Indicators
Friday, 4 April 2014
Metroplex @ Westgate Launch
Posted by: Dale Ellerman
It was great to attend our clients' launch at Metroplex on Tuesday to see a big vision start to become reality.
Check out Metroplex @ Westgate Here
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