It is a natural way of life, when in a relationship to think long term and make plans together. Whether it’s buying a house, new car or having a baby. Those are the things that many look forward to and dream of. We all know what happens to the house and the fancy new car when couples separate. We also know what happens to children. What we are still trying to understand is what happens when couples who plan to have children via IVF separate and still have frozen embryos stored.

This topic caught the attention of many when Sofia Vegara, an actress well known for her role in the American television series ‘Modern Families’ found herself in dispute with her former partner over their frozen embryos. Whilst in a relationship with Nick Loeb, the couple underwent IVF. As part of the procedure, embryos were frozen and stored. Following separation, Vegara wanted the embroys destroyed whilst Loeb did not. Vegara relied on the contract which was signed by the parties allowing the destruction of the eggs. Will they be destroyed or not? Can a party claim ownership? These questions remain unanswered as the dispute between the pair continues and is yet to be decided by a Court.

The Family Court of Western Australia was recently faced with determining similar issues in the case of G and G (1). The matter came before Penny J and was heard in November 2006 with judgement being delivered on 22 June 2007.

The parties in the case commenced living together in 1998 until separation in March 2005. Mr G was 38 years and Mrs G was 35 years. The parties underwent an IVF procedure due to Mrs G’s long history of endometriosis and ovarian cysts (2). As Mrs G was not ready to have children, after fertilization of the eggs the embryos were frozen for future use. The parties consented to this and signed all necessary documents (3).

In March 2004 the parties signed a form/agreement for storage of the embryo’s and made a nomination for the embryo to be discarded in the event of separation (4). Six embryos were frozen and stored. The agreement time for storage by the parties was three years (5).

In March 2005 the parties separated. Mr G commenced property proceedings and sought property settlement orders which included that the embryos be transferred to him (6). Mrs G sought orders for property settlement in response to that of Mr G. She also sought an order for the embryos to be discarded in accordance with the agreement entered into between the parties in March 2004.

The Court referred to the Human Reproductive Technology Act 1991 which required a court order to be made in the event parties are unable to resolve a dispute about use or continued storage of an embryo (7). It was found that the Family Court had jurisdiction to determine the matter and make an order given the circumstances arising out of the party’s marital relationship (8).

Having considered the relevant sections of the Human Reproductive Technology Act 1991 in particular the sections which require consent of parties for carrying out of IVF procedures, together with the agreement signed by the parties for the embryo’s to be discarded on separation, the Court ordered that the embryos be discarded.

At paragraph 61 Penny J found “the parties have now separated and can no longer achieve the purpose for which they consented to create and use the embroys” (9).

Phone: (02) 9635 7966

E-mail: info@matthewsfolbigg.com.au 

Website: www.matthewsfolbigg.com.au

(1) [2007] FCWA 80

(2) Ibid para 2

(3) Ibid para 3

(4) Ibid para 4

(5) Ibid para 5

(6) Ibid para 8

(7) Ibid para 51

(8) Ibid.

(9) Ibid para 61

Australian award winning company, Nickaz Commercial Interiors, located in the world class Norwest Business Park, celebrates 20 years of business success and its transformation to the centre of Sydney.

Founder and director, Kazan Hadden is still awe-struck by the company’s rise from an inauspicious start. Launching the business from a cramped household garage in the Hills district 20 years ago, the business is now a multi-million dollar company, with local and global brands and businesses among its customers.

With a vision of offering the industry fresh and innovative solutions, Kazan set out with a steely determination to work hard and build a business renowned for providing highly personalised service, developing unique and flexible client spaces. Fast forward 20 years, and it’s these same principles which underpin everything Nickaz does.

“With consistent hard work, heart and soul, Nickaz Commercial Interiors have transformed from a small business into a global, awarding winning company located in Sydney’s north-west. And we’re excited to announce our expansion into the Sydney central business district,” Kazan said.

“Our 20th Anniversary celebrations and relaunch fits strategically with our next chapter and future direction for the business growth. Distinctive service has always been paramount, the epitome and major point of difference for Nickaz, and we are now accessible from locations in both Sydney’s north-west and central business district.

“It is with enormous pride that we celebrate 20 years and thank everyone who has been involved in helping Nickaz become the business it is today. True partnerships with our customers and staff are a driving force behind our success. We look towards the next 20 years, our next chapter, with complete positivity and determination to deliver on the promises the business was founded on. And our Norwest office will continue to remain a constant reminder of our humble beginnings,” Kazan said.

Nickaz 20th Anniversary and relaunch was officially celebrated on Thursday 10 November in style at The Loft, Dolton House, Jones Bay Warf, with The Hills Shire Mayor, Councillor Yvonne Keane, special guest speaker, Paralympian John Maclean, members of parliament and more than 150 guests including senior industry figures, clients and staff.

The Hills Shire Mayor, Councillor Yvonne Keane, congratulated Nickaz Commercial Interiors for 20 years of service to The Hills community. “The story behind Nickaz is truly inspirational. Kazan Hadden began operating his business from his very own garage. After 20 years of hard work and dedication, Mr Hadden has successfully built his company into an industry leader in interior fitouts," Mayor Keane said.

"I am simply in awe of the designs, the endless imagination and skill of Mr Hadden and his team. And, with 80 per cent of Norwest Business Park and surrounding suburbs sporting Nickaz creations, I'm sure that I'm not the only who shares these fond sentiments. I am thankful for their work and can't wait to see what's next from the Nickaz team," Mayor Keane added.

Over the years, as much has been invested into Nickaz as a company as has been invested in giving back. Nickaz are involved in many charities including, Ride to Conquer Cancer, The World’s Greatest Shave, the annual Property Industry Foundation charity for homeless children, the City2Surf, Steve Waugh Foundation Ride and more recently Kazan has been working closely with John Maclean and his foundation, which assists children in wheelchairs and their families.

At the most recent Hills Building and Design Awards, Nickaz was awarded two prestigious awards – Best Interior Fitout and The People’s Choice awards. These awards celebrate those who push new boundaries in interior design, landscape and architecture.

Address: Suite 101, 22 Brookhollow Avenue, Baulkham Hills NSW 2153

Phone: 02 9659 3387

Email: info@nickaz.com.au

Wesbite: www.nickaz.com.au

Instagram: @nickaz_constructions

Blacktown’s growth needs careful planning and the Greater Sydney Commission’s approach is a breath of fresh air, Blacktown Mayor Stephen Bali said.

“Being part of an overarching plan and not a planner’s afterthought is an important change of approach, “he said.

“The Greater Sydney Commission has produced a very high quality plan in a relatively short period of time, yet has found the time to collaborate with Blacktown to ensure the planning is right.

‘There is a lesson for others to learn from this and Blacktown City Council looks forward to continued collaboration with the Greater Sydney Commission to ensure Blacktown has the services it needs to meet future growth.

“Chief Commissioner Lucy Turnbull and her team are to be congratulated on their approach and we will watch its implementation with some eagerness.

“We call for a long term infrastructure plan with an annual implementation review.

It is essential that there is active oversight to make sure the infrastructure plans are implemented and not put on the back burner.

Mayor Bali said that the provision of jobs in Western Sydney, the need to provide more railway stations, and create a series of “mini cities” is vital.

“When you look at where the railway stations are in Western Sydney, they mostly are the ones that were built when the rail line went through in the 1800s.

“But a modern city needs something better than the infrastructure that was designed for half the population we have now.

“We support the concept of an Annual Infrastructure Priority List and know it will bring benefits to Blacktown.

“Blacktown will soon be a city of half a million and the work on making sure it will be a liveable city needs to start now.

“We are glad there is now a very clear focus on what should be taking place to make sure Western Sydney is able to reach its full potential.

In February 2016, My Westmead launched the inaugural bigHEARTED online fundraising campaign to support heart research and clinical cardiology at Westmead. Thanks to the generosity of the community, businesses and individuals over $25,000 were raised.

Every day highly specialised researchers at Westmead work hard to find new ways to beat the diseases that affect our community alongside dedicated medical staff providing patients with the latest innovations in clinical care.

Next February, we invite you and your business to be part of the bigHEARTED MONTH and swap roses, cards and chocolates for a donation that shows your truly bigHEARTED gesture by supporting medical research and care at Westmead.

This is an opportunity for you, your colleagues, clients and suppliers to get involved and help put common diseases like cancer and diabetes to the history books, where they belong!

We know there are enough bigHEARTED businesses and individuals out there who will join us to do something really special this February. Stay tuned for further details about this exciting campaign.

Donald Trump’s unexpected victory in the recent U.S. elections has the potential to cause profound impacts on the global economy and investment markets. In this update, we provide an overview of Trump’s main policy proposals and our preliminary views on their potential implications.

Key proposals

Individuals

• Lowering marginal tax rates for individuals including replacing the current seven personal income tax brackets with three and reducing the top marginal rate from 39.6% to 25%.
• Taxing capital gains and dividends at a 20% maximum rate.
• Eliminating federal estate and gift taxes.
• Eliminating the tax on investment income of high-income households.
• Limiting the value of itemised deductions, except for charitable contributions and mortgage interest payments.

Corporates

• Reducing the corporate tax rate to 15% from its current 35%.
• One-time repatriation tax of 10% of corporate profits held overseas.
• Foreign subsidiaries of U.S. companies pay taxes on profits in the year they are earned.

Border Protection

• Remove 11.3 million undocumented immigrants living in the U.S., making up about 5% of the labour force.
• Triple the number of Immigrations and Customs Enforcement officers from 5,000 to 15,000.
• Build a permanent wall on the Mexican border to stop the movement of illegal immigrants. The cost of this project has been estimated at between $15 and $25 billion. This does not include the ongoing cost of maintaining the wall and associated security requirements.

Trade

• Trump has argued that a number of trade arrangements are not in the best interest of the U.S. and should be renegotiated. These include the North American Free Trade Agreement, China’s entry into the World Trade Organisation’s trade framework in the early 2000s, and the Trans-Pacific Partnership agreement.
• Trump has argued that the Chinese are keeping their currency artificially low relative to the U.S. dollar in an effort to run big trade surpluses with the U.S. In response, he has proposed that a 45% tariff be imposed on Chinese imports to the U.S. until China allows its currency to freely float.
• In retaliation for illegal immigrants crossing the U.S. border, Trump has argued for a 35% tariff on products imported from companies that outsource U.S. jobs to Mexico and for Mexico to pay for the wall between the two countries.

Defence

• Proposes to significantly expand spending on veterans and the military.

Infrastructure

• In his victory speech, Trump talked about his desire to rebuild America by significantly updating outdated infrastructure. Details of specific projects and associated costings have not been released at the date of writing.

Economic Impacts

In his victory speech Trump spoke of his desire to put in place policies that would double the rate of growth in the United States. Certainly his rhetoric about rebuilding America by updating infrastructure (roads, tunnels, bridges etc) has the potential to be positive for growth. Especially if the infrastructure spending helps increase the productive capacity of the economy by more than the cost. Additionally, his proposed tax cuts for business and individuals would equally be positive for growth. However, proposals to cut taxes and potentially significantly increase government spending can only be financed by an increase in government debt (which is already very high).

Larger budget deficits and ballooning debt cause an increase in demand for funds, which is likely to increase interest rates. In many ways, this will be a short term positive as it will help stave off the deflationary forces that have suppressed global demand in recent years. However, rising interest rates will equally have negative medium term impacts as households and business adjust to a higher proportion of their earnings being consumed by interest payments, which in turn will feed through to lower investment and consumption decisions.

The proposed crackdown on illegal workers, estimated at about 5% of the labor force, is likely to increase labor costs, given the already low levels of unemployment. This would add further pressure to inflation and interest rates.

In regard to Trump’s trade proposals, the U.S. imports nearly $500 billion in goods a year from China, and another almost $300 billion from Mexico, accounting for approximately 35% of total U.S. imports (excluding oil). The U.S. exports over $100 billion in products a year to China, and almost $250 billion to Mexico. Adding a tariff to imports would significantly increase prices and give China cause to retaliate with sanctions of its own. Under this scenario, demand for exports from both the US and China would fall. In other words, any trade war would be negative for global growth.

Conclusion

Trump’s victory speech was rather conciliatory and gives rise to hope that his policies may not be as divisive and destructive as first feared. In any event, many of his policies may well encounter stiff opposition from within his own party and may never get implemented. Nevertheless, we remain wary of any policy that may impact trade with China. This has the potential to be particularly negative for Australia given our strong reliance on China’s demand for our natural resources and rising demand for other goods and services. We will be watching further foreign policy developments with interest. For now, we believe it is appropriate to be alert but not alarmed.

Views by Martin Fowler

Contact

Martin Fowler

Partner, Wealth Management

+61 2 8236 7776

martin.fowler@pitcher.com.au

pitcher.com.au

Readers may recall in Part 1 of Work Ethic VS Brains, Nickaz Commercial Interior Director, Kazan Hadden reflected on his own childhood and upbringing and asked the question "In business, what's more important...Work Ethic or Brains"? Here is Part 2 of his story. 

Another big thing with me and something I feel is a huge part of the ingredient of success is thinking.

I have always been a big thinker. For as far back as I can remember I always had internal conversations with myself. I was always thinking, day and night. And as I got older all that happened was I thought more, which makes sense right?

As you think, your mind grows, so you constantly grow your capacity to take on more. I don't think this ever stops. So the more you think the more you/ your mind/ brain can handle and you just keep growing or keep getting smarter I guess?

The same thing happens with work ethic.  If you push yourself close to your limit you start to learn your capabilities right? So next time you push yourself you already know you are capable of reaching, "say A" so if you try hard again next time you should be able to get back to “A” easily so on you go to “B”. The great thing is the alphabet is pretty long so you could probably spend a life time trying to reach your true work ethic potential.

This is how the Life of Nickaz started, and I think in the early days Nickaz survived mostly on pure work ethic. 

So how has Nickaz Been so successful with a multi-million dollar turn over year after year without someone with a good education driving it?

For me the BRAINS part came naturally through "hidden learning" and in the form of my ability to tap into my internal feelings and dialogue about things like "How did I feel", decision making (which most people struggle with), a strong belief in right from wrong, ethics, perfection, doing the right thing, making myself learn what I needed to know, etc.

Maybe all that is street smarts? For me HERE IS THE ANSWER: 

I believe you can be really smart, a Rhodes scholar, have a university degree - the works, but if you don't have work ethic, it's like driving the best car and then running out of petrol. YOU JUST WONT GET TO WHERE YOU WANT TO GO.

I think any exceptions to this are few and far between. 

In my working life I’ve met some extremely smart people - much smarter than me - some very successful, some not, some of them I’ve employed and some I still do.

All the successful people I’ve met though, no matter how smart, have all been extremely hard working and all the employees that have succeeded with me all have first and foremost had great work ethic.

You need to be smart as well, and the more of the two you combine the better the outcome should be. 

However, I'm convinced that success is a by-product of hard work, perseverance, consistency, being relentless in reaching your goals and maintaining or exceeding your standards.

I’ve always lived by this rule.

If everything is going wrong no matter how bad the situation, there is one thing nobody can take from you....THAT’S YOUR HEART.

Author

Kazan Hadden

Director

0416 024 369

kazan@nickaz.com.au

Board Member, The John Maclean Foundation, jmf.com.au

www.linkedin.com/in/kazan-hadden-nickaz

Address: Suite 101, 22 Brookhollow Avenue, Baulkham Hills NSW 2153

Phone: 02 9659 3387

Email: info@nickaz.com.au

Wesbite: www.nickaz.com.au

Instagram: @nickaz_constructions

Don’t have time to plan a big staff Christmas party?

350 Restaurant and Lounge at the Novotel Sydney Parramatta have cooked up a festive Christmas menu. Designed for you and your team to get together for a lunch or dinner and celebrate the end of year with all the Christmas trimmings!

Enjoy a range of options for each course starting from $39 per person, including secure on-site parking.

To book your table email h8787-fb@accor.com or speak to our friendly reservations team call (02) 9630 4999.

Click here for further information.

Author: Katrina Vo

Click here to view online article

As Australian small businesses brace themselves for the impending Christmas period, Business Life Australia (BLA) – a recently formed business support charity – has launched and is here to help.

“Running a small business can be stressful enough at the best of times, but the Christmas period can be a particularly trying time for small business owners, who struggle to meet increased demand but also contend with the higher emotional and social pressures of the season,” Business Life Australia director, Koos Kruger said.

“The health of the business can strongly affect the health of the business owner in a myriad of ways – mentally, physically, emotionally, financially, spiritually, socially – and these issues can have a flow-on effect onto the owner’s family and even their wider community.

“It was this reason that inspired us to found Australia’s very first non-profit organisation set up to help small and micro business owners navigate the more difficult times in a business lifecycle,” he added.

In Australia more than 60 per cent of businesses fail in their first three years, according to the Australian Bureau of Statistics.

For the thousands of small businesses operating in western Sydney, a failure could have devastating effects on the owner, their family, their staff, and their creditors.

“Western Sydney is the fastest growing economy in the country. Research shows the SME sector is vital to the growth and future of the Australian economy, with an annual turnover of $230 million,” Brendan Noney, president of Western Sydney Business Connect said.

Advisers from BLA help small business owners to identify their personal pain points, and understand the most stressful or urgent issues affecting operations.

BLA assists businesses in returning to profitability, or to dismantle it in a manner that results in the least fallout possible for the owner.

Wayne Pearson recently joined KPMG’s Western Sydney Office as National Leader of KPMG Motor Industry Services. 

Many of you will know Wayne as something of a legend in the industry. After more than 30 years in accounting and running/advising car dealerships, he offers unparalleled experience. His career highlights include setting up the first luxury car dealerships in Shanghai and Beijing and acting as a strategy consultant to many car dealership CEOs back in Australia. As Greater Western Sydney continues to grow, this is an exciting time for him to be joining KPMG.

Wayne’s mission at KPMG is simple: to focus on clients and their needs.

“Give to receive”, he says. “The key to enduring and multi-functional relationships is putting the needs and goals of your client first. By helping clients achieve their goals, whatever they might be, the KPMG team will earn the right to be a trusted advisor across all offerings.” Wayne also believes it’s important to deliver on promises and he leads a team with the highest level of skill and competency who get the job done on time, on budget and above expectations. A simple set of promises, certainly, but they are the glue that keeps lifelong relationships together.

“It’s also important to a friend as well as an advisor,” he adds. “This is the hallmark of my lifetime of service in one industry. Clients need to work with someone they can rely on and where good outcomes happen seamlessly. Whatever your role in the auto industry, dealer, distributor or supplier, just give me a call. Our team has over 90 years’ experience between us, so there’s little we haven’t seen or done!”

Wayne Pearson

National Leader, Motor Industry Services

KPMG Enterprise

T: +61 2 9335 8679

E: wpearson1@kpmg.com.au

City of Parramatta has welcomed the State Government’s announcement that it will build a new western metro line as part of an integrated transport plan centred on Parramatta which includes the Parramatta light rail project.

The announcement of the Sydney Metro West reaffirms Parramatta’s position as Sydney’s Central City and acknowledges the need for improved transport links to the City, which is set to undergo a major transformation over the next five years underpinned by unprecedented levels of public and private investment.

The underground line will become the new spine of Sydney’s public transport system. It will effectively double rail capacity between the Eastern and Central CBDs and take pressure off the busy western railway line.

Sydney Metro West will be able to move 40,000 people an hour in each direction between the CBDs of Parramatta and Sydney, running via the Bays Precinct and Olympic Park and servicing a rapidly growing population and employment base along that corridor.

Council looks forward to working with the Government during the planning phase of the Sydney Metro West project to identify possible locations for underground stations in the Parramatta LGA, including new stations at Parramatta and Sydney Olympic Park.

City of Parramatta is encouraged by the Government’s statement that it will investigate innovative ways to reduce travel times between the Parramatta and Sydney CBDs.

Council has previously argued the case for a fast rail line linking the Parramatta CBD with the Eastern CBD and the Western Sydney Airport at Badgerys Creek.

A joint Federal and State Government scoping study of western Sydney rail needs, including a possible fast rail service linking Parramatta and Western Sydney Airport, is due for release before July 2017. The Sydney Metro West line is forecast to be operational in the second half of the 2020s.