In the Australian court system, parties have the right to represent the mselves — known as being a self-represented litigant (SRL). While this might seem like a way to save money, the reality is that navigating the law without professional guidance can have serious consequences for the outcome of your matter. The recent New South Wales Court of Appeal decision in May v Costaras [2025] NSWCA 178 is a timely reminder of these risks — and they apply not just to family law, but across all areas of litigation: commercial disputes, property law, wills and estates, construction law, and beyond. The Case: A Warning About the Dangers of Going It Alone In May v Costaras, the respondent chose to represent herself in a complex property dispute. She also candidly told the Court she had relied on an artificial intelligence program to prepare her written submissions and visual aids for her oral address. The Court noted: “…a large number of authorities were referred to by the respondent. Most had little, if anything, to do with the issues in this case. One authority, at least, was an hallucination.” The judges went on to explain that the submissions: “…travelled well outside the issues raised by the appeal and addressed, for example, claims that… should have been made by cross-appeal. It would be unfair to the appellant to act upon claims forming no part of the appeal.” The result? The Court found the submissions were: “…of no real assistance to the Court… a cogent demonstration that the use of artificial intelligence by non-legally trained users is likely to add to the cost and complexity of legal proceedings without appreciable benefit.” This is a sobering example of how well-intentioned self-representation can lead to wasted opportunities, increased costs, and potentially worse outcomes. Why Self-Representation is So Risky Self-represented litigants face challenges in all types of legal proceedings, including: Understanding the law and procedure — Court rules, filing deadlines, evidentiary requirements, and jurisdictional issues are complex and unforgiving. Identifying relevant legal arguments — Without training, it’s easy to focus on irrelevant points or miss the strongest arguments altogether. Presenting evidence properly — Even strong facts can be lost if evidence is not presented in a legally admissible form. Managing procedural fairness — Judges cannot give legal advice, and procedural missteps may limit what the court can consider. Avoiding unintended costs — Missteps can lead to adverse costs orders, wasted time, and in some cases, additional proceedings. The May v Costaras decision shows how, even outside family law, courts can become frustrated when SRLs introduce irrelevant, incorrect, or procedurally improper material. The Value of Professional Legal Assistance Engaging a lawyer means you have: A trained advocate who understands the law, the rules, and the best strategy for your case. An objective perspective to focus on legally relevant issues rather than personal grievances. Procedural compliance to ensure deadlines, forms, and evidence rules are followed. Risk management to avoid costly mistakes or unintended consequences. In complex matters — whether it’s an appeal in the Court of Appeal, a building dispute in the Supreme Court, or a contested estate in the Probate List — professional representation is not just helpful; it can be the difference between winning and losing. Final Takeaway The judges in May v Costaras summed it up bluntly: “…the use of artificial intelligence by non-legally trained users is likely to add to the cost and complexity of legal proceedings without appreciable benefit… More intrusive case management techniques may be needed in future to prevent self-represented litigants from unfairly increasing costs and complexity.” If you are considering representing yourself, think carefully. The court process is not designed to be navigated without legal expertise. What may seem like a cost-saving decision can end up costing you far more — in time, money, and outcome. If you are involved in a legal dispute, seek advice early. Our team has experience guiding clients through complex litigation and appeals, ensuring your arguments are relevant, evidence is properly presented, and your rights are protected at every stage.

International child abduction is a distressing situation where a child is wrongfully removed from their country of habitual residence by a parent or other person without consent. As family lawyers, we understand the immense emotional and legal challenges faced by parents in these cases and work tirelessly to secure the child's safe return. Australia is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, which provides a framework for resolving these cases and ensuring the prompt return of abducted children. The Convention applies to children under 16 years old and aims to deter abduction by providing a mechanism for their swift return to their country of habitual residence. As family lawyers specialising in international child abduction cases, we guide clients through the complex legal process, which involves liaising with the Central Authority, preparing applications, and representing them in court. Time is of the essence in these cases, as the chances of a successful return diminish the longer the child remains in the foreign country. The legal process can be intricate, involving issues of jurisdiction, evidence, and cultural differences. We have the expertise to navigate these complexities and advocate for my client's rights under the Hague Convention. We also work closely with international legal partners to ensure a coordinated and effective approach to securing the child's return.  International child abduction cases are emotionally draining and legally challenging. We provide compassionate support and expert guidance to parents during this difficult time. By acting swiftly and decisively, and utilising all available legal avenues, we strive to reunite families and protect the rights of abducted children.

The loss of a family member is a deeply emotional time. When disagreements arise over their Will and the distribution of their estate, it can amplify the grief and create lasting rifts between loved ones. An estate dispute, often called a "contested Will," occurs when a family member or other potential beneficiary challenges the terms of a deceased person's Will or how the estate is being managed. At Hammond Nguyen Turnbull, we understand that this is one of the most stressful situations a family can face. If you feel you have been unfairly left out of a Will or have concerns about its validity, it’s important to know that you have legal rights and options. This guide outlines the main grounds for disputing an estate in New South Wales and the steps you can take. Grounds for Disputing an Estate In NSW, there are generally two primary ways to challenge a Will: making a "Family Provision Claim" or challenging the "Validity of the Will" itself. 1. Family Provision Claims: Being Unfairly Left Out This is the most common form of estate dispute. It isn’t about whether the Will is legal, but whether it is fair . The Succession Act 2006 (NSW) recognises that a Will-maker has a moral duty to provide for certain people in their life. If they fail to make adequate provision for the proper maintenance, education, or advancement in life for an "eligible person," that person can apply to the Supreme Court of NSW for a share, or a larger share, of the estate. Who is an "eligible person"? The law strictly defines who can make a Family Provision Claim. This includes: The spouse or de facto partner of the deceased. A child of the deceased. A former spouse of the deceased. A person who was, at any particular time, wholly or partly dependent on the deceased and who is a grandchild of the deceased or was a member of the deceased's household. A person living in a close personal relationship with the deceased at the time of their death. What does the Court consider? The Court will examine a wide range of factors, including the financial needs of the applicant, their relationship with the deceased, the size of the estate, and the financial needs of the other beneficiaries named in the Will. The goal is to determine if "adequate provision" was made, not just to rewrite the Will based on what seems fair. Important Time Limit: A Family Provision Claim must be filed with the Court within 12 months of the deceased's date of death. It is crucial to seek legal advice well before this deadline expires. 2. Challenging the Validity of the Will This type of challenge argues that the Will itself is not a legally binding document. If successful, the Court will set the Will aside. The estate would then be distributed according to the deceased’s previous valid Will or, if there is no other Will, according to the rules of intestacy. Common grounds for challenging a Will's validity include: Lack of Testamentary Capacity: The person making the Will (the testator) must have understood the nature of the document they were signing, been aware of the extent of their assets, and comprehended who had a reasonable claim on their estate. Conditions like advanced dementia could impact this capacity. Undue Influence or Coercion: This occurs when the testator was pressured, threatened, or manipulated into making or changing their Will in a way that did not reflect their true wishes. Proving undue influence can be difficult and requires substantial evidence. Fraud or Forgery: The challenge is based on the claim that the Will is a forgery or that the testator was tricked into signing it through fraudulent means. Invalid Formalities: A Will must be executed according to the strict legal requirements in NSW. This generally means it must be in writing, signed by the testator, and witnessed by two independent adults who are present at the same time. Any failure in this process could render the Will invalid. Your Legal Options: The Path Forward If you believe you have grounds to dispute an estate, it's essential to act methodically. Seek Specialist Legal Advice Immediately: This is the most critical step. An experienced estate litigation solicitor can assess the merits of your claim, explain your rights, and advise you on the strict time limits that apply. They will give you a realistic understanding of your chances of success and the potential costs involved. Attempt to Negotiate: Court proceedings should always be a last resort. They are expensive, time-consuming, and emotionally draining. In many cases, a resolution can be reached through informal negotiations between the parties' lawyers. A well-argued letter of demand outlining your claim can often open the door to a settlement. Participate in Mediation: Mediation is a structured negotiation process where an independent, neutral mediator helps the parties try to reach a mutually acceptable agreement. It is a confidential and less adversarial alternative to a court hearing. The Supreme Court of NSW requires parties to attempt mediation before a final hearing in almost all estate disputes. Commence Court Proceedings: If negotiations and mediation fail, the final option is to have the matter determined by a judge in the Supreme Court. This involves filing formal court documents, gathering evidence (such as financial records and medical reports), and presenting your case at a hearing. Don't Face a Dispute Alone Being involved in an estate dispute is challenging, but you don't have to navigate it by yourself. The decisions you make early on can significantly impact the outcome. The experienced and compassionate estate litigation team at Hammond Nguyen Turnbull is here to protect your rights and guide you toward the best possible resolution. We can provide clear, strategic advice and strong representation, whether at the negotiation table, in mediation, or in Court.  If you have been left out of a Will or are concerned about its validity, contact us today for a confidential consultation to discuss your legal options.

Introduction The recent legislative decision by the Tasmanian government to ban greyhound racing marks a pivotal moment in Australian animal welfare law and regulatory policy. This ban, a response to growing public and political pressure regarding animal welfare concerns within the industry, sets a new precedent for other jurisdictions and raises profound legal questions. This article from Hammond Nguyen Turnbull explores the multifaceted legal implications of this ban, offering insights for affected stakeholders and the broader community. Legal Framework and Justification The ban is enacted under new amendments to existing animal welfare legislation, specifically targeting the operation and participation in greyhound racing events. The legal justification for this ban rests on principles of animal welfare, public interest, and the government's perceived duty to legislate against practices deemed ethically unacceptable. Key legal considerations include: Animal Welfare Legislation: The ban strengthens the existing Animal Welfare Act by prohibiting activities previously allowed under a regulated framework. This represents a shift towards more protective measures for animals used in sports. Governmental Powers: The decision affirms the state's power to regulate, and if necessary, prohibit industries on grounds of public policy and morality, even if it impacts economic interests. Consultation and Due Process: The legislative process involved public consultation and parliamentary debate, ensuring that the decision, while contentious, followed established democratic procedures. Impact on Stakeholders The ban will have significant legal and economic consequences for various stakeholders, including: Greyhound Racing Participants: Breeders, trainers, owners, and track operators face the cessation of their livelihoods. Legal issues may arise concerning property rights, investment losses, and the transition of animals. Associated Businesses: Industries reliant on greyhound racing, such as veterinary services, feed suppliers, and wagering companies, will experience direct impacts on their business models and profitability. Animal Welfare Organisations: These groups will likely assume increased responsibilities for the rehoming and welfare of displaced greyhounds, requiring significant resources and legal coordination. Potential Legal Challenges and Remedies The ban may trigger various legal challenges, including: Compensation Claims: Stakeholders may pursue legal action for compensation due to economic losses, arguing that the ban constitutes an acquisition of property without just terms or an unreasonable regulatory taking. Contractual Disputes: Existing contracts related to racing, breeding, or sponsorship will need to be terminated or renegotiated, potentially leading to disputes. Judicial Review: There could be challenges to the legality or procedural fairness of the government's decision-making process. Our Legal Services At Hammond Nguyen Turnbull, we are uniquely positioned to assist clients in navigating the complex legal landscape created by the Tasmanian greyhound racing ban. Our services include: Regulatory Compliance: Advising individuals and businesses on their obligations under the new legislation and ensuring adherence to the ban. Dispute Resolution: Representing clients in negotiations or litigation concerning compensation claims, contractual disputes, or other legal challenges arising from the ban. Business Transition: Providing legal support for businesses needing to pivot operations or dissolve in light of the ban, including employment law and corporate restructuring advice. Animal Law Advocacy: Offering expert legal counsel on animal welfare matters and the broader implications of legislative changes in this area. Conclusion Tasmania's greyhound racing ban is a landmark legal event with far-reaching implications. It underscores the growing importance of animal welfare in legislative policy and serves as a critical case study for regulatory reform. Hammond Nguyen Turnbull is committed to providing comprehensive legal advice and representation to all affected parties, ensuring their rights are protected and they can navigate these changes effectively. For more information or to schedule a consultation, please contact us on (02) 9687 6880 or visit our website for additional resources.

For years, the line between casual and permanent employment in Australia has been a complex and often contentious issue. Recent legislative changes have redrawn this line, introducing a new "employee choice" framework that every employer must understand and implement. These changes are not just administrative tweaks; they fundamentally alter the rights and obligations of both employers and casual employees, particularly concerning an employee's ability to choose to become a permanent employee. The Old vs. The New: A Shift in Power Previously, the pathway from casual to permanent employment was primarily driven by the employer. A casual employee who had worked a regular pattern of hours for at least 12 months had to be offered the option to convert to permanent employment by their employer. Now, the power has shifted. The new laws, effective from late 2024/early 2025 , introduce a new definition of "casual employee" and empower the employee to initiate the conversion process. Key Change 1: The New Definition of a Casual Employee The first critical change is the new definition of a casual employee. A person is a casual employee only if: There is an absence of a firm advance commitment to continuing and indefinite work. The employee is entitled to a casual loading or a specific rate of pay for casuals. This definition focuses on the practical reality of the working relationship, rather than just the terms of the employment contract at the start. Key Change 2: Employee Choice - How Casuals Can Request to Become Permanent The most significant change is the introduction of "employee choice." Here’s how it works: Eligibility: A casual employee can request to become a permanent employee if they have been employed for at least six months (or 12 months for small business employers). Regular Pattern of Hours: The employee must have worked a regular pattern of hours for the last six months. The Request: The employee makes a written request to their employer. Employer's Obligation: The employer must grant the request unless there are "fair and reasonable operational grounds" to refuse it. What are "Fair and Reasonable Operational Grounds" to Refuse a Request? An employer isn't obligated to say yes automatically. Legitimate reasons for refusal include: The employee's position will not exist in the next 12 months. The employee's hours of work will be significantly reduced. There will be a significant change in the days or times of work that the employee cannot accommodate. Granting the request would not comply with a recruitment or selection process required by law. It's crucial to note that simply preferring a flexible workforce is not a valid reason for refusal. Employers must have solid business grounds to deny an employee's choice. What Your Business Needs to Do Now Review Your Workforce: Identify all employees currently engaged as casuals. Assess Employment Patterns: Determine which of your casual employees have worked a regular pattern of hours for six months or more. Update Your Contracts: Ensure your casual employment agreements are updated to reflect the new definition and the employee choice provisions. Provide Information: You must provide all new casual employees with the Casual Employment Information Statement (CEIS) before, or as soon as possible after, they start work. Prepare for Requests: Have a clear, fair, and documented process for receiving and responding to employee requests to convert to permanent employment. This includes understanding the valid grounds for refusal. The Bottom Line: Proactive Management is Key These changes are designed to provide greater security and certainty for long-term casual employees. For employers, they demand a more proactive and transparent approach to managing your workforce. Failing to comply with these new obligations can lead to disputes and penalties. It is essential to understand your responsibilities and ensure your practices are up-to-date.  If you are unsure about your obligations or need assistance navigating these new casual employment laws, contact us for expert legal advice.

As family lawyers, we often advise clients on the interplay between family law and estate planning. A common misconception is that a Will automatically overrides family law provisions in the event of a separation or divorce. However, this is not always the case, and failing to update your estate plan in light of family law changes can lead to unintended consequences and disputes among beneficiaries. A divorce, for instance, automatically revokes any provisions in a Will that benefit a former spouse, unless the Will expressly states otherwise. This means that if you haven't updated your Will after a divorce, your former spouse may still be entitled to inherit under the terms of your original Will. Similarly, separation doesn't automatically revoke such provisions, and your estranged spouse could still be a beneficiary. Moreover, family law proceedings can result in property settlements and court orders that may conflict with the terms of your Will. For example, a property settlement may award a specific asset to one party, while your Will may leave that same asset to someone else. In such cases, the family law orders will generally prevail, potentially overriding your testamentary intentions. We recommend that clients review and update their estate plans regularly, especially after significant life events such as marriage, divorce, or the birth of a child. This ensures that your Will accurately reflects your current wishes and avoids potential conflicts with family law provisions. By seeking legal advice and taking a proactive approach to estate planning, you can protect your assets, provide for your loved ones, and minimize the risk of disputes after your passing. Remember, a well-drafted Will that aligns with family law principles can provide peace of mind and ensure your legacy is distributed according to your wishes.  At Hammond Nguyen Turnbull, the family team and wills and estates team work closely together in order to achieve your results from both aspects.

Buying or selling a property is one of the biggest financial decisions you’ll ever make. Amid the excitement of finding your dream home or securing a great sale price, the various costs involved can be a source of anxiety. One of the most common questions we hear at Hammond Nguyen Turnbull is: "How much does conveyancing actually cost?" While it’s tempting to shop around for the cheapest quote, it's crucial to understand what you're paying for. A low number can often hide additional costs or, worse, reflect a lower standard of service that puts your transaction at risk. This guide breaks down the costs of conveyancing in New South Wales to give you clarity and confidence. What is Conveyancing? A Quick Refresher First, let's recap. Conveyancing is the legal process of transferring ownership of a property from one person to another. It’s a critical service managed by a solicitor or licensed conveyancer that ensures the sale is legally binding, all required checks are completed, and your rights are protected from contract signing through to settlement day. This essential legal work is what you are paying for. The Two Main Parts of Your Conveyancing Invoice To understand the total cost, you need to know that a conveyancing invoice is typically made up of two distinct parts: the professional fee and the disbursements. 1. Professional Fees (The 'Service' Cost) This is the amount your solicitor or conveyancer charges for their expertise, time, and the legal work required to complete your transaction. This fee covers crucial tasks such as: Reviewing and providing legal advice on the Contract for Sale. Negotiating contract terms and amendments to protect your interests. Liaising with your bank, the other party’s solicitor, and real estate agents. Conducting all necessary property searches and enquiries. Managing the electronic settlement process through platforms like PEXA. Ensuring the legal transfer of title is completed correctly. At Hammond Nguyen Turnbull, we generally operate on a fixed-fee basis for our professional fees. We have a mechanism where we charge an hourly fee, if the transaction is more complex than normal. We will raise this with you before any charges are going to be incurred. This means you know exactly what our service will cost from the very beginning, providing you with certainty and peace of mind. There are no surprise hourly bills. 2. Disbursements (The 'Out-of-Pocket' Costs) Disbursements are the third-party costs that your solicitor pays on your behalf to gather the information and certificates legally required for the property transfer. These costs are fixed by government bodies or third-party providers and are passed on to you at cost. The disbursements you need to pay will differ depending on whether you are buying or selling. Typical Disbursements for a BUYER Title Search: To confirm the seller owns the property and to check for any dealings on the title. Council Certificate (Section 10.7): Shows zoning information and whether the property is affected by any council notices. Land Tax Search: To confirm if there is any outstanding land tax owed on the property. Building & Pest Reports: While optional, these are highly recommended to uncover any structural issues or pest infestations. Strata Report (for apartments/townhouses): Essential for checking the financial health of the owners' corporation, by-laws, and any upcoming special levies. Rates Certificates: This confirms what the council, water and strata rates are for the period, what needs to be adjusted and paid for on settlement. PEXA Settlement Fee: A fee charged by the electronic settlement platform. Final Search & Registration Fees: Final checks before settlement and the fee to legally register you as the new owner on the title. Other property certificates: Certain properties may require further searches to check if it is being acquired, if there is a tree preservation order etc. Typical Disbursements for a SELLER A seller is legally required to provide a complete Contract for Sale, which must include several key documents. The disbursements cover the cost of obtaining these, including the Title Search, Deposited Plan, Council Certificate, and Water/Sewer Diagram. If you have a mortgage, a mortgage discharge registration fee will also apply. So, What's the Total Cost? As of mid-2025, for a standard residential property transaction in NSW, you can typically expect the total conveyancing cost to fall within the range of $2,000.00 to $4,000.00 (including GST) plus disbursements. Be wary of quotes that seem too good to be true. An unusually low fee may mean you are dealing with a high-volume, low-service firm where your file won’t get the attention it deserves, or you may find hidden costs added to your final bill. The final cost will always depend on the property and the complexity of the transaction. Also be aware that there is a significant cost difference between licensed conveyancers and solicitors. See our previou s blog post about the difference between the two. Why Fixed-Fee Conveyancing Provides Peace of Mind The property journey has enough uncertainty without worrying about escalating legal bills. Choosing a firm that offers a fixed professional fee ensures transparency. You can budget effectively, knowing that the fee for the legal service won't change, regardless of how many phone calls or emails are needed to get the job done right. At Hammond Nguyen Turnbull, we provide you with a comprehensive quote upfront that clearly separates our fixed professional fee from an estimate of the standard disbursements required for your property. Don't risk your biggest investment with "cheap" conveyancing. Invest in expertise and peace of mind.

The thrill of the race, the bond between human and horse, the roar of the crowd – harness racing is a sport steeped in tradition and excitement. But underpinning the integrity of this spectacle is a robust system of drug testing, designed to ensure a level playing field for all participants, both equine and human. For punters, owners, trainers, and drivers alike, understanding the rules and regulations surrounding drug testing is crucial for maintaining confidence in the sport. So, let's delve into the key aspects of drug testing in harness racing. Testing the Stars of the Show: Equine Drug Testing The welfare of the horses is paramount, and ensuring they compete free from prohibited substances is a cornerstone of fair racing. Harness Racing implements a comprehensive drug testing program for horses, pre-race, post-race, and out of competition. What substances are prohibited? The list of prohibited substances is extensive and regularly updated, aligning with national and international standards. Generally, it includes: 🐴 Stimulants: Designed to artificially enhance performance. 🐴 Depressants: Substances that could mask pain or affect a horse's natural abilities. 🐴 Anabolic Steroids: Promoting muscle growth and strength unnaturally. 🐴 Pain Masking Agents: Preventing the detection of underlying injuries. 🐴 Certain medications: Unless administered under strict veterinary supervision and within specified withdrawal periods. When and how are horses tested? 🐴 Pre-Race Testing: In some instances, horses may be subject to pre-race testing, on a random basis or based on the race they are competing in. This usually involves collecting a urine or blood sample before the horse competes, and having it tested either prior to the race or after. 🐴 Post-Race Testing: This is the most common form of testing. After a race, designated horses (often winners, placegetters, or randomly selected participants) are taken to a secure sampling area. Harness Racing officials oversee the collection of urine and/or blood samples, ensuring the integrity of the process and proper identification of the horse. 🐴 Out-of-Competition Testing: To further deter the use of prohibited substances, Harness Racing can conduct out-of-competition testing at training facilities or other locations. This helps monitor horses throughout their preparation and ensures compliance beyond race days. The Sampling and Analysis Process (and the Importance of Scrutiny) The collection of samples is a controlled process, with strict protocols to prevent tampering or misidentification. Samples are then sent to accredited laboratories for analysis using sophisticated techniques. However, even with stringent procedures, the possibility of errors, albeit rare, cannot be entirely discounted. In the event of a positive test, it is crucial for trainers and owners to have the right to a thorough investigation. This includes access to the data packs generated by the testing laboratory, which contain detailed information about the analytical process and the levels of the detected substance. Scrutinising these data packs and the reported levels is vital. For instance, a very low level of a substance might warrant further investigation into potential environmental contamination or inadvertent exposure, rather than intentional administration for performance enhancement. Consequences of a Positive Equine Test A positive test can have severe repercussions for trainers, owners, and the horse itself. Penalties can include: 🐴 Disqualification: The horse's result in the race is voided. 🐴 Fines: Significant financial penalties for trainers and owners. 🐴 Suspensions: Temporary or permanent bans from participating in harness racing for trainers and owners. 🐴 Horse Restrictions: The horse may be stood down from racing for a specified period. Harness Racing operates under an absolute liability principle, meaning the trainer is generally held responsible for any prohibited substance found in their horse, regardless of how it entered the horse's system. This absolute liability underscores the importance of the right to investigate potential errors in the testing process by examining the data and levels reported. Ensuring Fair Play for Humans: Driver Drug Testing The integrity of harness racing also extends to the drivers who guide these magnificent animals. Harness Racing has regulations in place to ensure drivers are not competing under the influence of drugs or alcohol that could impair their judgment and potentially endanger themselves, other participants, and the horses. What substances are prohibited for drivers? The prohibited substances for drivers generally align with those banned in other professional sporting codes and include: 🐴 Illicit drugs: Such as marijuana, cocaine, and amphetamines. 🐴 Performance-enhancing drugs: Substances designed to give a driver an unfair advantage. 🐴 Alcohol and other certain prescription medications: If they could impair a driver's ability to drive a sulky safely. Drivers are typically required to declare any medications they are taking. When and how are drivers tested? 🐴 Race Day Testing: Drivers can be randomly selected for drug and alcohol testing on race days, either before or after their engagements. Breathalyzer tests are commonly used for alcohol, while saliva or urine samples may be collected for drug testing. 🐴 Out-of-Competition Testing: Similar to equine testing, drivers may also be subject to out-of-competition testing. Consequences of a Positive Driver Test A positive drug or alcohol test for a driver can result in significant penalties, including: 🐴 Suspensions: Temporary or permanent bans from driving in harness races. 🐴 Fines: Financial penalties. 🐴 Loss of License: Potential revocation or suspension of their driver's license.

Welcome back to the final instalment of our comprehensive series on the Security of Payment Act (SOPA). Throughout this series, we've explored the foundational principles of SOPA, the critical role of payment claims and schedules, the intricate adjudication process, and the common pitfalls to avoid. Now, we arrive at the crucial final step: what happens when an adjudicator has made a determination, but the losing party fails to pay? The power of SOPA lies not just in its ability to provide quick determinations, but in the robust mechanisms it offers for enforcing those decisions. An adjudicator's determination is not merely an opinion; it's a binding decision that carries the weight of the law. However, despite this, some respondents may still choose not to comply. This is where the enforcement provisions of SOPA come into play, providing successful claimants with clear pathways to recover the money they are owed. Let's delve into the steps and avenues available for enforcing an adjudicator's determination. Obtaining an Adjudication Certificate The first critical step after receiving a favourable adjudication determination is to obtain an Adjudication Certificate. This certificate, issued by the Authorised Nominating Authority (ANA) that appointed the adjudicator, officially records the adjudicated amount and confirms the determination. It's essentially the formal document you'll need to proceed with enforcement. Registering the Determination as a Court Judgment Once you have the Adjudication Certificate, the most common and effective enforcement pathway is to register it as a judgment debt in the appropriate court. This transforms the adjudicator's determination into a formal court order, allowing you to use the standard debt recovery procedures available through the court system. The jurisdiction of the court will depend on the amount of the adjudicated debt: Local Court: For smaller amounts (typically up to $100,000, or $120,000 in some limited circumstances, depending on the state/territory). District Court: For intermediate amounts (e.g., between $100,000 and $750,000). Supreme Court: For larger sums (exceeding $750,000). To register the determination, you will typically need to file the Adjudication Certificate along with an affidavit confirming that the adjudicated amount, or a portion thereof, remains unpaid. Crucially, at this stage, the respondent generally cannot dispute the existence of the debt or raise new offsetting claims that were not presented during the adjudication. This reinforces the "pay now, argue later" principle of SOPA. Avenues for Enforcement of a Court Judgment Once the adjudication determination is registered as a court judgment, you gain access to a range of powerful enforcement tools, similar to those available for any other civil judgment: Writ of Execution/Garnishee Order: This allows for the seizure and sale of the respondent's property (e.g., real estate, vehicles) to satisfy the debt. Alternatively, you can seek a garnishee order to redirect money owed to the respondent by a third party (e.g., bank accounts, or debts owed to them by other parties) directly to you. Statutory Demand: For corporate respondents, a common enforcement method is to serve a Statutory Demand under the Corporations Act. If the company fails to pay the debt (or apply to set aside the demand) within 21 days, it is presumed to be insolvent, which can lead to winding-up proceedings. This is a very serious consequence for a company. Suspension of Works: SOPA also grants the claimant the right to suspend work on the project if the adjudicated amount remains unpaid by the due date. Proper notice must be given, but this can be a powerful lever to encourage payment, as continued project delays can be extremely costly for the respondent. Lien over Unfixed Goods: In some jurisdictions, SOPA provides for a lien over unfixed plant or materials supplied by the claimant, allowing them to retain possession until the payment is made. Payment Withholding Request: In certain circumstances, a claimant can serve a payment withholding request on the principal contractor (the party above the respondent in the contractual chain), directing them to hold back money that would otherwise be due to the respondent to cover the adjudicated amount. Important Considerations for Enforcement Timeliness: Just like all other stages of SOPA, acting promptly is key when enforcing a determination. Delays can give the respondent more time to dissipate assets or implement strategies to avoid payment. Legal Advice: While the enforcement steps seem straightforward, navigating court procedures and choosing the most effective enforcement method often requires expert legal advice. A lawyer specialising in construction and SOPA can guide you through the process, ensuring compliance and maximising your chances of recovery. The "No Set-Off" Rule: The strength of SOPA enforcement lies in the limited grounds on which a respondent can challenge a registered judgment. Unless there was a jurisdictional error by the adjudicator (a very high bar), the courts generally will not revisit the merits of the dispute or allow the respondent to raise new claims to offset the adjudicated amount. Conclusion of Our SOPA Series The Security of Payment Act is a critical piece of legislation designed to maintain cash flow within the construction industry and prevent insolvency caused by payment disputes. From understanding payment claims to navigating adjudication and ultimately, enforcing determinations, each step of the SOPA process is designed for speed and efficiency. By diligently adhering to the Act's requirements and understanding the avenues available for enforcement, contractors and subcontractors can leverage SOPA as a powerful tool to secure their right to payment. While the process can be challenging, particularly when faced with non-compliance, the mechanisms for enforcing an adjudicator's determination are robust and ultimately aim to ensure that those who do the work get paid. We hope this series has provided you with a valuable understanding of the Security of Payment Act and empowered you to navigate its complexities with confidence.