LEGAL LOOPHOLES - Tranter Lawyers
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20 YEARS IN BUSINESS
LEGAL LOOPHOLES
ISSUE NO. 3 MAY 2020 DON'T SIGN ANYTHING WITHOUT US
INSIDE
THIS
ISSUE
PAGE 1 THE PROPOSAL; PAGE 3 RESIDENTIAL LEASES; WITNESSING DOCUMENTS
BY AUDIO VISUAL LINK;
PAGE 2 WHAT IT MEANS TO BE PAGE 4
TESTIMONIALS; IN THE KITCHEN WITH SARAH
STOOD DOWN;
& WHOSE FACE IS IT?
THE PROPOSAL
When Tranter Lawyers re-opened in January 2020 after our Christmas holiday break we were greeted with
the exciting news that Jason Gibb, of our office had popped the question to his lovely now fiancé Emily.
Jason was kind enough to share the details of the proposal and the comedy of errors from that day.
My usual Boxing Day routine is leftover ham and pavlova for breakfast, the Boxing Day test from 11 am to
6 pm and then some more ham and pavlova for dinner. However last year, I threw that routine out the
window. This was the day I was going to propose to my girlfriend Emily. But as is often the case, the plan did
not work out exactly as anticipated.
Emily and I had planned to do a hike, and my prior “research” of this hike was a website that indicated the
track ended at an idyllic, private beach. I thought “perfect, I’ll take the ring, we will have a swim then I’ll pop
the question, great plan” and put my phone away quite pleased with myself.
Boxing Day morning came, and I was as nervous as I have ever been. Emily had, understandably, wanted to
leave a little later and enjoy a sleep in. Usually I would leap at this idea, as Emily is the early riser and I am
NOT a morning person. So the fact I was pushing for a crack of dawn start should have been the first hint
something was up.
It was an hour drive to the beginning of the track, but it seemed like an eternity to me. I had the ring in my
backpack, and off we set. Five minutes in we see a gorgeous little beach with no one on it. It was a perfect
spot for a proposal.
Hoping to seize this unexpected gift, I ask Emily whether we should have a swim. I was greeted with
a snort of derision and a response of “why would we swim before we do a two-hour hike?” Infallible logic
really, and I had no good response. Besides, it didn’t matter, I of course had the other beach to get to.
Two hours later, I’m staring at my “idyllic private beach” and my heart sinks. It’s a barren rock platform,
crawling with fisherman, about 10 metres above an ocean with waves crashing. What I was thinking can’t be
written in this newsletter, but rest assured I was furious and absolutely panicking. I scrambled to call an
audible, to salvage this disaster. “Emily lets hurry and get back to that first beach –I need a swim!” (Cont.
Page.2)
PAGE | 1
(Cont. from Page.1) By the time we get back to the first beach there wasn’t room to lay down a towel.
Hundreds of people crammed on every available inch of sand. I proceeded to drag poor Emily on a desperate
obstacle course to try to find a somewhat romantic spot where just maybe I could still propose. Nothing. Nada.
My choices were drop to one knee in front of a family of strangers, or wait. Crestfallen, I got back in the car to
drive back. Emily would later say it was the most uncomfortable drive we have ever had, and to her, there was
no apparent reason for it. Not the atmosphere I thought we would be enjoying only a few hours before.
Back at the hotel, Emily wanted to have some lunch and suggested I watch the cricket (she really is too good
for me). But I couldn’t; I had worked myself up for this. I was proposing today, come hell or high water. I blurted
out “let’s go to the beach, you get ready I’ll be in the car”. I was manic, there were red flags everywhere.
We drove to Hyams Beach, purported to have the whitest sand in the world. Romantic right? We get there just
after lunch on Boxing Day – what was I thinking? It was so busy, and to make it worse the weather was turning.
Hardly screamed romance, but I was resolute. I took Emily on another panicked bushwalk, and eventually
found a place sheltered from the weather without anyone else around. I picked a spot, and as she walked
towards me, I dropped the knee and asked the question.
Given how long we have been together I was fairly confident of the answer, but my heart was still in my throat.
And after dragging Emily around all day and being outwardly frustrated at what she thought had been a lovely
day, she was never more likely to say no!
But the answer was yes, and my elation was matched only by my relief. I could finally explain my erratic
behaviour, and all Emily could do was laugh. There is a reason Emily usually does the planning.
WHAT IT MEANS TO BE STOOD DOWN
In recent weeks many businesses have faced the reality of having to shut their doors. The slow in business has
had a devastating effect on employers and employees alike. The employer is confronted with deciding how
best to look after employees. The decision is one which has seen many employers and employees becoming
familiar with the term “stood down.”
Being “stood down” means the business no longer has useful work for you to complete and due to no fault of
their own is unable to operate.
Being “stood down” does not amount to the end of your employment, therefore, the period for which you may
be “stood down” counts as service for the purpose of accruing entitlements, for example, annual leave and long
service leave. The employee’s role is being protected for the individual.
The employer is demonstrating gratitude for employees, identifying to employees the importance of their
contribution and the employer's desire to have them working in the business long term.
Some employers may also be entitled to claim the JobKeeper Payment of $1,500.00 per fortnight which must
be passed on to employees. Whilst this may be reduced salary, the payment ensures employees and employers
remain connected and able to re-commence work immediately after the crisis is over.
The crisis is temporary, the “stand down” is temporary, but your career is not. A “stand down” by your employer is
to demonstrate the employer’s commitment to your ongoing development after the crisis.
The situation is evolving every day and each individual is doing all they can to support one another.
Should you require additional information in relation to the above, please do not hesitate to contact us.
PAGE | 2
RESIDENTIAL LEASES
An amendment to the Residential Tenancies Act commencing from 15 April 2020 is intended to assist
tenants who have been impacted by COVID-19.
The Residential Tenancies Amendment (COVID-19) Regulation 2020 generally prohibits landlords from giving
an “impacted tenant” a termination notice on the grounds of non-payment of rent or outgoings, or for
applying to NCAT for a termination order for the same reasons, for a period of 6 months from the
commencement of the Regulation.
An “impacted tenant” is a tenant who is a member of a household where the weekly household income has
reduced by at least 25% due to at least one rent paying member of the household having lost employment
or income, or had their work hours reduced due to the impact of COVID-19.
The tenant can rely on documents from their employer as evidence of the impact (proof of their termination
or stand down, as well as prior payslips). Tenants will also not be “blacklisted” for breach due to non-payment
if they are an impacted tenant.
Notwithstanding, a landlord may evict an impacted tenant for non-payment of rent where the landlord
provides a tenant a termination notice at least 60 days after the commencement of the Regulation, and
during that 60 day period the landlord has participated in a formal rent negotiation process facilitated by
NSW Fair Trading with the impacted tenant (having regard to the specific circumstances of both the tenant
and landlord), and it is fair and reasonable for the landlord to, at that stage, issue a termination notice.
A landlord must now also give at least 90 days’ notice of termination of a fixed term tenancy at the end of the
term, a periodic tenancy other than for a breach of a lease for reasons other than non-payment of rent or
charges.
All tenants who are not impacted by COVID-19 are expected to honour the terms of their lease, which
includes paying rent and charges in full.
WITNESSING DOCUMENTS BY AUDIO VISUAL LINK
In an attempt to protect the health and safety of individuals during the
Covid-19 pandemic, regulations have been established to enable electronic
witnessing of legal documents.
On 22 April 2020, The Electronic Transactions Amendment (COVID-19
Witnessing of Documents) Regulation 2020 [NSW] (the Regulation) came
into effect.
Documents which are covered by the Regulation include:
a) a Will
b) a Power of Attorney or an Enduring Power of Attorney
c) an Appointment of Enduring Guardianship
d) a Deed or Agreement
e) an Affidavit (including an annexure or exhibit to the affidavit)
f) a Statutory Declaration.
The regulation outlines the requirements in how the document must be
witnessed.
Applications such as Zoom, Skype, FaceTime and WhatsApp Video,
which allows a witness to have audio and visual communication when the
document is signed is sufficient for witnessing purposes, pursuant to the
Regulation.
Please do not hesitate to reach out. We are here to help.
PAGE | 3
OUR RAVING FANS
IN THE KITCHEN
WITH SARAH
Paula Towns
Paula rated our service as:
Excellent
Paula left the following review: Macadamia Cheesecake Log
"Everyone was very thorough
and took care of the process INGREDIENTS METHOD
for us. From sorting out the
water licence, managing my Step 1 Using an electric mixer, beat cream
2 x 250g packets cream
Father's Estate and sale of the cheese and sugar until smooth. Add maple
cheese, chopped, softened;
farm, everything was sorted syrup and cream. Beat until thick.
with a minimum of fuss. 2/3 cup caster sugar;
2 tablespoons maple syrup; Step 2 Spread 2 tablespoons of the cream
1/3 cup thickened cream; cheese mixture on a plate to secure cookies.
220g macadamia Sandwich cookies together with half the
James Murphy shortbread cookies. mixture, assembling on the plate. Cover top
and sides with remaining mixture.
We were pleased to receive
this recent feedback from Step 3 Cover and refrigerate overnight. Cut
James:
on an angle to create a striped effect.
"Just a side note, I’ll just say Serve and enjoy!
that it has been an absolute
pleasure dealing with
Randeep during the sale of the
business. The sale hasn’t been
easy as you can well imagine, CLIENT REFERRAL PROGRAM
especially due to
confidentiality agreement and CONGRATULATIONS
inability to talk to people
regarding the process. Just Belinda Clements, Kate Allen and Penny Plumb!
having great people around
You were the winners of our Referral Draw.
me advising and giving
support has been fantastic. I Referral Draw winners have the choice between:
know Mel and I have been Stockland, Italk Travel and Caltex Fuel Vouchers.
paying for the service, but I
believe Randeep has just gone
that little bit further than
required. If I’m not speaking WHOSE FACE IS IT?
out of school, I feel as though
I’ve picked up a good friend
from the process as well!"
We would like to provide the best
service possible and would be grateful if
you could review our service online.
Email your answer to admin@tranterlawyers.com.au
When our clients provide feedback
online their reviews can help other All correct answers received within seven days
prospective clients to learn about who of mailing our Newsletter will go in a draw to win a $30.00
we are and the services we offer.
Woolworths voucher
If you could please take a minute to
leave a comment on our Facebook The eyes of our April issue were those of Gladys Berejiklian.
page it would be appreciated. Congratulations to our winners Leigh & Chris Cousins
We are located at 341 High Street, Maitland
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This newsletter is for the benefit of our clients. It is not intended to be a definitive analysis of legislation or Phone: (02) 4934 2600 Fax: (02) 4934 2620
other changes and professional advice should be taken before any course of action is pursued. Email: admin@tranterlawyers.com.au
If you do not wish to receive this newsletter please contact our office. Website: www.tranterlawyers.com.au PAGE | 4
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