As part of the club’s ongoing commitment to women’s football, the Western Sydney Wanderers W-League Mentoring Program is designed to help players plan for success, build on their personal brand whilst also aiming to support both their mental health and physical well-being.

Supported by Western Sydney University, the program is focused on developing bright futures for the Wanderers' elite female players, ensuring that they get the support and confidence to manage their home, work and football life balance as well as introducing them to the right networks that will help broaden their career opportunities.

The first session of the program was hosted by Nikki Heald from Corptraining and was designed to help the W-League team build their personal brand and work on their networking skills.

The second session saw the players meet their Mentors for the very first time with 30 of Western Sydney’s most accomplished leaders in business, charities, sport, the arts and media industries coming together to celebrate a greater professional pathway for Wanderers W-League players.

Western Sydney Wanderers CEO John Tsatsimas said he was extremely proud of the program and the commitment that has gone into bringing it to life.

“This year we enter our sixth Westfield W-League season and during our time we have had the pleasure of seeing a great number of highly impressive young women play for our team,” said Tsatsimas.

“We introduced this program to help our elite female players develop not only on the field but off it also.

“Our goal was to create a program that has tangible benefits for our W-League players and I believe the response we have had so far and the incredible list of both male and female ambassadors coming on board is an outstanding achievement.”

There are three W-League Mentoring Events we’re hosting in conjunction with the program:

• Westfield W-League Round 3 home match against Brisbane Roar 10 November 2017 – Hosted in the Elettra Room at Club Marconi followed by private suite seating in Marconi Stadium
• Sydney Derby Double Header 9 December 2017 – Hosted in the Legends Room at ANZ Stadium
• Player/Mentor function – TBC 2018

A stressful time

When a marriage or de facto relationship breaks down, it can be a stressful time.  Part of this process may involve the separation of assets, which may include the family home, business interests, investments, savings and superannuation.   If a mutual agreement cannot be reached, the Court can determine the settlement.  The right financial and legal advice at the early stages of this process can help a party to navigate their way through the Family Law system and make decisions about their assets and superannuation that provides a better outcome. 

Superannuation Splitting as part of a property settlement

Superannuation is an asset that can usually be divided as part of a property settlement.  Sometimes it is not possible to split superannuation.  For example:

a.  When the interest is of little or no value, when it would not be cost effective to do so (see The Commonwealth Attorney-General’s guide “Splitting Laws – Frequently Asked Questions”);

b.  In the recent case of Goudarzi & Bagheri (No. 2) the Court considered the exclusion of the husband’s retirement pension from the property pool.  It is noted that the wife received in excess of $1.4 million by way of an adjustment on account of the husband’s pension.

Superannuation agreements

Following a divorce or other relationship breakdown, parties are able to make a “superannuation agreement” about how any superannuation benefit of either party will be split.  There are rules about what this agreement needs to say.  An agreement can also be made before or during a marriage or de facto relationship, detailing how any superannuation will be split on marriage or relationship breakdown. 

If a superannuation agreement meets certain legal requirements, the agreement is binding and the trustee of a superannuation fund is required to implement the agreement.  A Court cannot make an order about a superannuation interest that is dealt with in a superannuation agreement.

Court orders

If there is no agreement between the parties about how to deal with superannuation, then the Court can be asked to make a property settlement order that specifies how superannuation is to be split.  If this order is properly constructed, the Court order is binding on the trustee of a superannuation fund, who has to comply with it.

Some complicating factors

There is some complexity relating to the division of superannuation benefits.  For example:

a.  There are different types of superannuation benefits (for example, accumulation and defined benefit funds, allocated pensions, complying pensions and annuities).  They each have different rules.

b.  An important part of considering property settlement terms and the split of any superannuation benefit involves requesting information from a superannuation fund about the benefit (this request can be made by a spouse) and ensuring that the benefit is valued in accordance with the Family Law (Superannuation) Regulations.

c.  Consideration should be given to how superannuation interest can be split.  For example, a split may occur in the form of a specific dollar amount (base amount) or as a percentage of the balance of the party's superannuation fund.   This can make a significant difference to the settlement outcome.

d.  The parties should consider the eligibility criteria to access superannuation benefits.

e.  For a splitting order to be binding on the Trustee of a Superannuation fund, certain requirements must be followed including the provision of procedural fairness to the Trustee.

f.   The splitting of superannuation carries its own tax implications. For example, financial advice should be obtained in relation to a payment made under a family law split being a capital gains tax (CGT) exempt event.  When dealing with splitting certain tax concessions like roll-over relief can apply.   Some funds will even have untaxed elements or other schemes not subject to tax.  Advice may also identify wealth management strategies (for example, spouses going through separation may wish to consider the structure of their superannuation asset holdings to be in a position to optimise the $1.6 million transfer balance cap). 

g.  There are time limitations that may apply.  For married couples, applications for property adjustment must be made within 12 months of a divorce becoming final. For de-facto relationships, applications for property adjustment must be made within 2 years of the breakdown of a de facto relationship.

Benefits of consulting with a family lawyer

The law in relation to superannuation provides parties with more flexibility in the way that property settlements are structured.  A spouse may consider the option of splitting superannuation to ensure that there is a more equitable outcome for both parties.  

Knowing what you or your client may be entitled to is important in ensuring that any asset distribution (which can include superannuation benefits) is fair.  Our specialist family law lawyers work closely with qualified accountants and financial planners to give you or your client the guidance that is needed. Speak to one of them today!

Contact us on 1800 300 170 or email us at familylaw@matthewsfolbigg.com.au

Disclaimer:  Family law situations can be complex and sometimes they can involve serious issues.  Information outlined is proposed to provide general guidance only. Due to the seriousness of legal matters as well as the uniqueness of your individual situation, professional advice should be sought. For advice, please contact one of our Family Lawyers.

Join Northcott for a gala dinner with Aussie cricketers in support of children and adults with disability!

Northcott’s Recreation Service creates fun and social opportunities for children and adults with disability. Proceeds raised at their Cricket Gala Dinner will help fund this service. Watch this video to see how your support helps them create more fun!

Northcott's 22nd annual cricket event will this year be a dinner. It will be held on Thursday 9 November 2017 in the Noble Dining Room at the Sydney Cricket Ground (SCG).

Proudly supported by their charity partner Cricket NSW, Northcott’s annual cricket event has raised more than $1.8 million for children and adults with disability – a remarkable achievement that would not have been possible without their wonderful supporters!

Click here to book your tickets or contact Annette Sneyd on 02 9890 0131 or annette.sneyd@northcott.com.au for more information or to learn about sponsorship opportunities.

How do you change behaviours in a small workplace?

Providing a 'fair go' is part of Australia's cultural DNA, but it is also good for business – if you acknowledge the growing body of evidence from high-profile consulting firms like McKinsey and Deloitte.

The consensus from these groups is that companies who demonstrate inclusion through racial, ethnic and gender diversity, to name a few, perform better.

But while the commercial benefits of a diverse workforce have been proven for large organisations (who can dedicate sizeable budgets to diversity and inclusion programs), are the same benefits true for small businesses with a handful of staff?

According to Sarah Platts, Director of leadership and communication consultancy Catalyst, the answer is yes.

"Small business owners are recognising the commercial opportunity in diversity. When an employee can bring their whole self to the workplace, they will feel more engaged and will be more effective in their work".

It's about leading by example through important changes in everyday behaviour.

"The benefits of this engagement are amplified in a small business, where people often play multiple, critical roles in driving business performance."

The problem for small business owners, Platts says, is simply knowing where to start on their diversity journey.

"The worst thing you can do is appoint the ‘Diversity Police’, she says. "Diversity isn’t about policing behaviour. It is about being human, and allowing others to be human, too."

According to Platts, the two biggest barriers to achieving a diverse workforce are the unconscious bias at play and lack of inclusive behavior.

Click here to read the full article.

Macquarie has been providing Business Banking solutions for over 30 years and provides SME clients with tools and strategies to grow and develop their business. You can get regular updates by subscribing to the monthly newsletter, Strictly Business by visiting macquarie.com.au/businessbanking. If you would like to find out more about how Macquarie can support you to take your business further, call Sam McCarthy at our Parramatta office on 0417 518 724 and be connected with one of our banking specialists in your region.

This information has been prepared by Macquarie Bank Limited ABN 46 008 583 542 AFSL and Australian Credit Licence 237502 (“Macquarie”) for general information purposes only. This information does not constitute advice. Opinions expressed are subject to change without notice. No member of Macquarie accepts any liability whatsoever for any direct, indirect, consequential or other loss arising from any use of this information.

There is welcomed legislation, designed to assist company directors to feel safer in restructuring a company when it comes to matters of insolvent trading. This is good news as the laws have typically been difficult for directors in circumstances where a company is facing a financial crisis.

The law doesn’t remove the insolvent trading laws. However, once a director enters a ‘safe harbour’, they are deemed not to be personally liable “where they take a course of action that is reasonably likely to lead to a better outcome for the company and the company’s creditors as a whole”. This legislation is awaiting royal assent which is expected in the very near future.

How to enter the harbour?

The ‘better outcome test’ is the legislative equivalent of being safe to fail. The onus is on directors to, amongst other things, obtain expert advice, and prepare a restructuring plan with a demonstrable course of action to find a solution that results in a better outcome than the immediate appointment of an administrator. This will afford pro-active directors a defence to being held personally liable for debts incurred in connection with the course of action they take.

Successfully restructuring a distressed business is hard to do. The high risk and emotionally charged environment requires compromises and trade-offs. We often see directors judgement clouded due to the risk of being personally liable for the debts they incur.

Most directors have strong relationships with their employees, suppliers and customers and have a genuine desire to restore performance and preserve those relationships, jobs and personal wealth. The changes don’t remove the role of the courts and subsequently appointed liquidators (if appointed) to call to account those directors and their advisers who purposefully seek to rip people off.

Where can directors obtain advice?

The onus will still be on director to prove that they’ve satisfied the safe harbour qualification criteria Retaining turnaround professionals is a central element of a director’s defence. If you would like to know more about Safe Harbour or options for early identification of signs of distress and intervention, I invite you to a confidential, no obligation, initial discussion about your company’s situation.

Industry groups like the TMA have published helpful guidelines for its membership to navigate Safe Harbour. However it’s one thing to satisfy the legislative requirements of the Safe Harbour, it’s another to undertake the turnaround. The legislation supports that advice should be taken from an appropriately qualified advisor and to have evidence of this e.g. documentation of any specific advice sought and obtained, plus the engagement of a recognised turnaround professional.

Why act now?

Whilst the Safe Harbour reform is positive news, the steps to qualifying for entry to the safe harbour require some preparation. Ultimately recognising early signs of distress and subsequent intervention by company directors when these arise remains the best way to achieve a better outcome for the company.

Article by: Rachael Arnold and Terri Hirbod-Bassi

A recent NSW Supreme Court decision discusses the apportionment of liability of various parties on a construction site where a worker is injured.  This case raises an important consideration for all labour hire companies, employers and contractors, and their insurers, in order to understand their responsibilities and assess and minimise their risk and liability in the event that an injury occurs on site.

The plaintiff worked as a labourer on the redevelopment of the Redfern RSL.  He was employed by a labour hire company, Caringbah Formwork Pty Ltd (Caringbah), and was hired out as a labourer to Calcono Pty Ltd (Calcono).  Calcono was sub-contracted to undertake formwork for the site by the principal contractor, Deicorp Constructions (NSW) Pty Ltd (Deicorp).  The sub-contract cast a number of obligations on Calcono with regard to site safety, including compliance with the Occupational Health, Safety and Rehabilitation Act 2000 (NSW).

On 26 May 2011, the plaintiff fell two metres from a raised wooden platform on a metal frame within the building site.  He alleged that he slipped on a piece of plywood on the platform, which he claimed was very slippery when wet.  The plaintiff sustained injury and sued Caringbah, Calcono and Deicorp, alleging that each was liable in negligence.

Proceedings were dismissed against Caringbah as the Court held that although it had a non-delegable duty of care as the plaintiff’s employer (it was only his de jure employer whilst Calcono was his de facto employer) practically it had no control over the actual working conditions or state of the site.

Proceedings were dismissed against Deicorp as the Court held that although it had a duty to take reasonably practicable steps to ensure that workers on the building site were able to work in safe conditions, this duty was in the nature of a supervisory role only.

Calcono had contracted with Deicorp to take certain safety measures.  The duty that Calcono owed the plaintiff was to take reasonable care to avoid exposing its (de facto) employees to unnecessary risk of injury.  It was found that Calcono breached its duty to the plaintiff by failing to take reasonable precautions against the possibility that he could fall from the elevated decking.  As a result, the Court found Calcono solely liable in negligence.

However, the Court made a finding of contributory negligence of 33.3%.  The Court was satisfied that the plaintiff was negligent in failing to draw his superiors’ attention to the unsafe conditions in which he had been directed to work, and that this contributed to his fall.

What does this mean for your business?

The case draws an important distinction between a de jure employer and de facto employer.  The case demonstrates that the non-delegable duty of care owed by an employer does not automatically assume that an employer will always be held liable, particularly in circumstances where that employer had little or no control over the work that was being performed.

Further, this case demonstrates the importance of principal contractors undertaking and recording safety measures that have been put in place, and the importance of carefully drafted agreements that specify the obligations of each party on a construction site with regard to, among other things, site safety.

Rachael Arnold is a partner and Terri Hirbod-Bassi is a senior associate in the General Insurance team at Hall & Wilcox.

www.hallandwilcox.com.au

The Macarthur Clinical School has been nominated for the Boomtown! Project of the Year, a new award established by the Western Sydney Leadership Dialogue to acknowledge completed (or near completed) projects over the past 12 months that have, or will, significantly contribute to the sustainable growth of Greater Western Sydney. The award aims to celebrate achievement in innovation and leadership in project design and delivery by the public and private sector, and recognises major projects that have positively impacted on community, social, and economic outcomes.

The $21m, four-storey Macarthur Clinical School at Campbelltown Hospital was opened in early 2017, providing advanced training to medical students and researchers. Jointly funded by the NSW Government and Western Sydney University, it is one of the key training sites for Western Sydney University’s School of Medicine, where hands-on clinical experience is embedded in the students' training from their very first year. With state-of-the-art training equipment, students are mentored by senior specialists and other health professionals from the nearby hospital.

Other finalists for 2017 are M4 road widening for WestConnex (Sydney Motorway Corporation/RMS); Western Sydney University Parramatta CBD Campus (WSU); Transport Technology Centre at TAFE Wetherill Park (TAFE NSW); Fire and Rescue Academy at Erskine Park (FRNSW); Inglis Riverside Stables (Inglis/Accor Hotels). The winner will be announced at the Boomtown! Infrastructure Summit on 22 November.

For further information on Campbelltown City, visit www.campbelltown.nsw.gov.au

Pitchers Partners are pleased to provide you with the Spring 2017 edition of their national publication - Contact. This quarterly publication examines issues specific to their clients.

In this edition they cover:

• Being brave - new ways of thinking. Innovation is not just about bean bags and ping pong tables in the break out room. Innovation at its simplest is adding value to an organisation or its customers.
• Strategy in the face of disruption. In today’s hyper-competitive business environment, strategy is so important. What strategies could you employ to defend against an invisible and stealthy threats? Tips for building resilience against disruption.
• Client case study – Crone. Award winning design of the future.
• Venture forth with internationalisation. In today’s shrinking world internationalisation is growing, which inherently brings increased cross-border deal making opportunities. But Australian businesses need to open their doors and their minds to joint ventures if they want to capitalise on this trend.
• Making cents from foreign currency. Businesses which take their first step beyond Australia are faced with global headwinds, often outside their control, and have the potential to impact their bottom line.
• What's new at Pitcher Partners?

To read Contact Spring 2017, please click here.

For further information, please contact your Pitcher Partners representative.

Contact

Rob Southwell

Managing Partner

+61 2 9221 2099

rob.southwell@pitcher.com.au

Pitcher Partners Sydney

Level 22 MLC Centre, 19 Martin Place, Sydney NSW 2000

www.pitcher.com.au

Our Greater Sydney 2056 – A Metropolis of Three Cities (draft Greater Sydney Region Plan), launched in conjunction with Transport for NSW’s draft Future Transport 2056 strategy will reshape Greater Sydney as a metropolis of three cities – Eastern, Central and Western, rebalancing it, fostering jobs, improving housing affordability, easing congestion and enhancing our enviable natural environment. 

You can read the plan and provide your feedback through a submission by visiting their website www.greater.sydney.

You can also register for community events and online discussion forums.

The Greater Sydney Commission would like to acknowledge the hard work and support of local government councillors and staff, community groups, industry groups, government agencies and community members who have helped shape the draft plan through their submissions and feedback over the past 20 months.

The draft plan will be on exhibition till the 15 December 2017.

Article and image courtesy of the Greater Sydney Commission

Today the NSW Premier and the Minister for Transport and Infrastructure announced the nine kilometre preferred route for Parramatta Light Rail Stage 2. This will connect to Stage 1 and run north of the Parramatta River through the rapidly developing suburbs of Ermington, Melrose Park and Wentworth Point to Sydney Olympic Park, helping to connect people to this booming sport, entertainment and employment hub.

This route is the best option as it achieves a fully integrated transport and land use plan for Greater Parramatta and the Olympic Peninsula, and connects directly with fast rail and future metro services to the Sydney CBD. Stage 2 will be further developed by consultation with the community and stakeholders. A Final Business Case for Stage 2 is expected to be completed in 2018, with an investment decision and details on the timing of construction to follow.

The Environmental Impact Statement for Stage 1 of the project is on exhibition until 23 October. Expressions of Interest have been called to design and construct, supply, operate and maintain the network and light rail vehicles. Construction on Stage 1 is expected to start in 2018, pending planning approval, with light rail to begin operating in 2023.

More information about Parramatta Light Rail, including the preferred route for Stage 2, is available on the project website.

Announcement courtesy of Transport for NSW