In Issue 16 of The OHL Wire, we look at some legal tips for Christmas party behaviour at work and what defines the capacity to make a valid will in Australia. We also look at everything you need to know about the deadline for Christmas holiday child disputes and estate planning for the Christmas holiday. We discuss whether a claim can be made when a family member leaves their entire estate to charity. We check out upcoming events in Sydney and provide you the ultimate checklist for this year's Christmas.

1. CHRISTMAS PARTY BEHAVIOUR
AT WORK - EVERYONE’S
RESPONSIBILITY
December 2015
16
2
DEADLINE FOR CHRISTMAS
HOLIDAY CHILD DISPUTES
2015
WHAT DEFINES THE CAPACITY
TO MAKE A WILL
64 8page pagepage
LEGAL - WEALTH PROTECTION - INVESTMENT - BUSINESS - LIFESTYLE - SYDNEY
page
ESTATE PLANNING FOR THE
CHRISTMAS HOLIDAY
page 7
A FAMILY MEMBER HAS
LEFT THEIR ENTIRE ESTATE
TO CHARITY, CAN I MAKE
A CLAIM
ISSUE

2. PAGE 2 AWYERS
Everyone's Responsibility
Christmas Party Behaviour at Work
Christmas parties should be a fun and festive good time for all, but when a party is thrown
by an employer, more care is required. Employers and employees have certain obligations
and responsibilities and those duties do not disappear simply because the atmosphere is
festive. Before throwing or attending a holiday party in a workplace setting, it is essential
to be clear on exactly what your obligations are and what the possible consequences can
be if problems arise.

3. OVER 60 YEARS OF TRUSTED EXPERIENCE PAGE 3
Employer Obligations for Holiday Parties in
the Workplace
Employers face risks when throwing parties for their
workers, because these events typically are deemed
to be employer-sponsored events that occur within
the course of employment. Whether the party occurs
on-site or off-site, employers are responsible for their
staff’s conduct during work-related activities.
Because party attendees may be considered to be
“at work,”even though the event is a social one, an
employer can be held vicariously liable for unlawful
actions such as discrimination or sexual harassment.
Employers also may be held responsible for injuries
that occur at the party, or if guests become
intoxicated and cause injury to others.
Employers need to do everything they can to make
sure staff members and guests attending the party
have a good time while behaving appropriately
and not creating a potential risk of a claim against
the organization. Some tips to make sure things go
smoothly include the following:
• Remind employees the event is work-related and
the normal code of conduct still applies. Respectful
behavior is essential. Ensure employees know
inappropriate actions will not be tolerated.
• Remind employees of workplace policies on
discrimination, health and safety, social media and
sexual harassment. You may wish to send an email
before the event to briefly summarize these
workplace policies.
• Let employees know that failure to observe
workplace rules at holiday parties could result in
disciplinary action. Employees must be aware their
conduct at the party will go on their record.
• Provide non-alcoholic drinks and ensure the
service of alcohol is done responsibly. In many cases,
it is best for employers not to serve alcohol at holiday
parties at all.
• Organize travel home for employees: Making sure
options such as taxis are available can help reduce
the risks of injury due to impaired driving.
• Review insurance policies before holiday events.
Find out if you will be covered if something happens
at the holiday party.
By being proactive before you throw the party, you
can help to ensure no staff members get hurt or
engage in destructive behavior that can lead to a
claim against your business. Employers also have
had claims made against them for unfair dismissal
after taking legal action based on conduct that
occurred at holiday parties. You need to make sure
your policies are clear and that you document, in
detail, any problems that arise. If disciplinary action
must be taken based on employee conduct at a
special holiday event, be sure the response is
proportional to the behaviour that occurred.
Employee Responsibility at Workplace
Parties
Employees also need to be aware their conduct at a
workplace party can lead to disciplinary action,
up-to and including termination. Employees need
to remember the event may be a social one, but it
is also a professional one, and they need to behave
accordingly. Tips to ensure employees fulfill their
responsibilities include the following:
• Review employee policies and codes of conduct.
Be sure you understand what both your rights and
your obligations are when it comes to interacting
with co-workers at holiday events.
• Avoid consuming alcohol. Drinking at a holiday
party only puts you into a situation where you
could end up doing something you regret later.
Employees need to be aware of their rights, as well
as their obligations. If you are sexually harassed or
are injured at a Christmas party thrown by your
employer, you may be able to pursue legal action.
Getting Help from an Experienced Attorne
Whether you need to plan a holiday party for your
staff and want to make sure you reduce potential
chances for legal liability or you attended or threw
an event and something went wrong, it is important
to be proactive in protecting your interests.
Contact OHL Lawyers to find out how our legal team
can help you prepare for a party or respond to the
aftermath of a party at which a problem occurred.

4. PAGE 4 OWEN HODGE LAWYERS
Capacity
to Make a Will?
To make a valid will a person must have the ability to understand
To put it in more traditional language, the will maker must “be of
sound mind, memory and understanding.” Whether that state of
medical science has become more sophisticated in its appreciation
of cognitive disability.

5. OWEN HODGE LAWYERS - OVER 60 YEARS OF TRUSTED EXPERIENCES PAGE 5
In the rare situation where someone is found to have lacked
the capacity to make a will at the time it was made, the will
may be set aside in favor of an earlier one. Where none exists,
family members may apply for letters of administration or
intestacy.
The Standard Legal Test
To make a will, an individual must be at least 18 years old,
unless married. Beyond that, the standard legal test for
capacity, established nearly 150 years ago in the case of
Banks v. Goodfellow, requires that the will maker:
• understand the nature of the act of making the will and its
• appreciate the extent of the property being disposed of in
the will;
• be capable of comprehending and appreciating the claims
terms of understanding a moral obligation to provide for the
surviving spouse and children; and
delusion overmastered the will maker’s judgment at the
time of execution, rendering him or her incapable of taking
a rational view of the matters to be considered.
However, the application of these principles is extremely
capacity usually depends on an expert medical opinion
rendered at or very close to the time the will was made. It
generally is easier to describe what lack of capacity is not,
rather than what it is.
Old, Odd or Foolish
The general presumption is that, unless convincingly
demonstrated otherwise, individuals have the capacity to
make a will. This is true even in cases of extreme old age,
grave illness, medication, eccentric behaviour or decidedly
bad decisions.
An individual may lack capacity for some legal purposes,
such as the ability to make an enduring power of attorney,
and yet have the legal ability to make a will.
Someone who had the capacity to make a will may lose it
thereafter without invalidating an already executed
instrument. Conversely, a person who generally lacks the
requisite understanding may nonetheless have lucid
moments when he or she can make a valid will.
A person need not be able to read or write to make a will and
a suicide after execution of a will does not necessarily create
a presumption of lack of capacity at the time it was made.
Add to this a developing medical understanding of Alzheimer’s
disease, particularly early-onset Alzheimer’s and vascular
dementia, and it is easy to see that making a decision about
Capacity is, in any event, a question for the testator’s physician
members who may have suspicions.
When to Consult a Lawyer
Nonetheless, an estate lawyer may be helpful in three possible
situations:
• You anticipate your will may be challenged because you
intend to do something that will be unpopular, such as
disinheriting a child;
• You suspect a living relative lacks the capacity to make a
• You want to challenge the will of a deceased family member
because you believe they lacked capacity at the time it was
intentions.
sound legal advice. There are relatively simple ways to
discourage an ill-founded challenge. In the case of someone
appropriate social services or law enforcement.
The last situation is, by far, the hardest to deal with unless
medical records contemporaneous with the making of the
lawyer may be helpful in marshalling evidence.
The attorneys at Owen Hodge Lawyers have extensive
experience with will challenges and contests based on lack of
If you face any of these issues, or if you simply believe you
have been treated unjustly under the terms of a will, please
contact us at 1 800 770 780 to schedule a consultation. We
would be happy to help you assess your situation and go
forward with the proper course of action.

6. Whatarethe
hiddencostsofretirementvillages
PAGE 6 OWEN HODGE LAWYERS
Deadline for
Christmas Holiday Child Disputes 2015
Christmas is coming! If you are a newly separated parent or
have a long and rocky past when it comes to negotiating holiday
arrangements, that prospect may cause more dread than joy.

7. w
?
OVER 60 YEARS OF TRUSTED EXPERIENCE PAGE 7
The Christmas and New Year’s holidays are among the
busiest times of year for Family Law Courts and the Federal
Circuit Court handling family matters. For Family Law Court
disputes, the filing deadline for this year’s Christmas
holidays was at 4 p.m. on Friday, 13 November. You still may
be able to get a hearing, but there is no certainty, so it may
be best to go back to another plan.
First, a Little Context
Australian family law places the child’s interests above all
else, so there is no legally enshrined right for either parent
to have the company of the children on Christmas Eve,
Christmas Day, New Year’s Day or any other special
occasion. It’s the child’s right to have the opportunity for a
meaningful relationship with both parents, which often
implies some holiday time and experiences.
It is hardly unusual for divorced or separated parents to
have difficulty coming to an agreement about time spent
with children. Many solve this problem through a parenting
agreement, which becomes formalised as a parenting order.
These may seem somewhat rigid, but they discourage
disputes and give the legal system clear enforcement
guidelines in the event of breaches.
Problems arise where there is no parenting order. Perhaps
communications have broken down and one parent fears
the other will unilaterally alter an informal arrangement,
prevent the other from seeing children at all during the
holidays or remove them to a foreign jurisdiction.
At that point three options exist:
• Family dispute resolution;
• An application to Family Court for the issuance of a
parenting order, or:
• An application to the Federal Circuit Court for the issuance
of a parenting order.
A documented attempt at family dispute resolution is
usually a prerequisite for the issuance of a parenting order.
Family Dispute Resolution
FDR often can help estranged partners with holiday and
other parenting arrangements. In concert with advice from
a family lawyer about negotiating an agreement, FDR is
often sufficient to resolve holiday problems. However,
where FDR is unsuccessful or unsuitable, it may be neces-
sary to resort to the court system.
Recourse to Family Law Courts
If the negotiations fail, parents may apply to the Family Law
Courts for parenting orders. With few exceptions the courts
will require a certificate confirming an attempt at FDR.
The Family Law Courts consist of the Family Court of
Australia and the Federal Circuit Court of Australia. Either
court may hear an application for a parenting order.
The Family Court of Australia sets a deadline of the second
Friday in November for disputes involving Christmas school
holidays (including travel arrangements) to ensure a court
date before Christmas. The Federal Circuit Court of Australia
has no such firm deadline, but, as a practical matter, the
court’s workload makes a similar target date prudent.
A Special Word about International Travel
The long holidays present a unique opportunity for
international travel, but for separated or divorced parents
in the throes of a scheduling dispute, the specter of
international parental abduction can be truly terrifying.
A parent always should obtain written consent of the
other before taking children for an international holiday.
If a parenting order is in force or if court proceedings are
pending, it is a crime to remove children from Australia
without consent or a court order.
If you fear your children will be taken from Australia, you
may apply to the court for an order restraining their
removal and have their names placed on the Family Law
Watchlist. They will be stopped when trying to clear
Australian customs.
What You Can Do Today
The likelihood of getting a parenting order a month before
the Christmas holidays is slight, but not impossible.
If negotiations truly have broken down, it may be worth
going ahead with the application with an eye toward next
year and future disputes, if nothing else.
It also may be worth going back to the negotiating table.
Keep in mind that FDR is a process, not a single event and
the assistance of a family lawyer may be helpful in breaking
a deadlock.
In an emergency situation, courts may grant a hearing more
quickly. Courts in NSW and the National Enquiry Centre will
be open throughout the holidays, but with minimal staff,
except on the following dates:
Friday 25 December 2015
Monday 28 December 2015
Friday 1 January 2016
The family law attorneys at Owen Hodge Lawyers have
extensive experience in helping clients avoid or resolve
visitation and parenting disputes whether they revolve
around the Christmas holidays or not. We can assist with
negotiations or with recourse to the court system when
necessary. If you find yourself faced with this difficult issue,
please call us to schedule a consultation at 1800 780 770.

8. OVER 60 YEARS OF TRUSTED EXPERIENCE PAGE 9
Estate Planning
for the Christmas Holiday
As the Christmas holiday approaches, now is the perfect time to plan ahead for the future and
think about the legacy you want to leave behind for your family members after you are gone.
This holiday season, before enjoying
time with your loved ones to
celebrate the festivities, you should
Creating a comprehensive estate
plan is a smart choice.
Estate Planning Checklist for
the Holidays
Your estate plan should protect your
business and assets, ensure your
family is provided for after you are
gone and provide you with dignity
in the future. Some of the things you
may wish to include as you create an
estate plan are the following:
• Asset protection for yourself and
A testamentary
trust often can be the best solution
to protect your assets and make sure
the money and property you leave
to others is used wisely.
A testamentary trust allows you to
will have the option to take an
inheritance outright. Before this age,
the money is held automatically in
a testamentary trust to be used for
After the preservation age, the
the money in trust so it remains
protected or can opt to take it
outright. Asset trusts protect money
and property in case of a creditor
claim, bankruptcy or divorce.
• Tax planning:The creation of a
discretionary testamentary trust
makes it possible for taxable income
generated by an inheritance to be
strategically allocated so those with
the lowest tax rates end up paying
the tax. Thousands in savings can be
achieved through strategic tax
-
ries are able to apply a low income
rebate.
• Creating an enduring power of
attorney: An enduring power of
attorney allows you to name some-
and act on your behalf if you
become physically or mentally
unable to act on your own. Without
an enduring power of attorney,
someone has to apply for a guard-
ianship order from the ACT Civil
and Administrative Tribunal if you
become unable to act on your own.
Get started today by contacting
OHL Lawyers to create a plan for
the future.
a

9. PAGE 10OVER 60 YEARS OF TRUSTED EXPERIENCE PAGE 10
Can You Make a Claim
When a Family Member Leaves Their Entire Estate to Charity?
If your family member passes away, you may expect you will be left some of the money and
assets the deceased has left behind. This is especially true if the person who died was your
spouse or your parent.
However, sometimes the deceased
will leave money to a charity rather
than to family members. When this
happens, you may wish to contest
the will and make a claim to the
estate.
Whether you can make a claim on
the estate is going to depend upon
many factors, including your
relationship with the deceased and
whether you have a very good
reason for the court to go against
that person’s stated wishes. OHL
Lawyers can help you determine if
you have a claim and can guide you
throughout the process of contest-
ing the will.
Generally, a deceased person may
leave money to whomever he or she
wants-including a charity. However,
the Family Provisions Act 1982
allows eligible persons to contest a
will left behind by a deceased
individual. Eligible persons include
spouses, de facto partners, children,
children of a domestic relationship,
former spouses, grandchildren,
dependents who were or are being
supported by the deceased and
other household members.
Eligible persons who wish to
contest a will and try making a claim
to receive money from the estate
will need to show one of two things.
Either that the will is not valid
because the deceased was under
duress or of unsound mind when it
was created, or that there is a valid
reason for going against the
deceased person's wishes even
though the gift made to the charity
was a valid one.
You may be able to argue there is a
valid reason to allow a claim because
your relationship with the deceased
creates a moral obligation for that
person to provide you with money
and assets necessary for you to
maintain your quality of living,
obtain an education or advance in
life.
Factors the court may consider
include the specifics of the relation-
ship you had with the person who
passed away, as a moral obligation is
presumed for spouses, life partners,
de facto partners and children.
However, a presumption of a moral
obligation can be removed if
estrangement is demonstrated.
Courts also will consider whether
the person contesting the will is left
financially needy without an
inheritance.

10. OVER 60 YEARS OF TRUSTED EXPERIENCE PAGE 11
Ultimate Christmas
Countdown Checklist
This holiday season, before enjoying
-
-
• Talk with your family early and create a plan. Who will be hosting which holidays?
• Purchase plane tickets for holiday travel if you haven't already.
• Create a special holiday calendar with all of the activities you and your loved ones are participat-
ing in. With a master calendar listing all of the parties, pageants, and other events, you are far less
likely to end up overbooked or missing an important date.
• Get your cookies and pies baked and your candies made. Many people prefer to bake several
weeks in advance for the holidays and freeze cookies or cookie dough. This makes it easy to pop
holiday treats out of the freezer if a friend stops by unexpectedly.
• Put up your holiday décor. Lights, ornaments, holiday trees and other festive items should be put
up early so you have ample time to enjoy.
• Check to ensure you are ready for overnight guests. If you need more sheets, pillows, and blan-
kets, shop for them.
• Make sure you have enough dishes, glasses and table linens and get your holiday table set early.
• Create a holiday gift card list, purchase cards and stamps, and send out your holiday cards. It can
take time to address all of the cards you wish to send, so get started early. Keep some extras so
you also can send out last minute cards if you receive a greeting card from someone you acciden-
tally left off your list.
• Purchase festive wrapping paper and make sure you have boxes and tape available for wrapping.
• Make a master gift list and a budget, and then head to the store or use the Internet to get your
shopping done. Wrap the gifts as you buy them so you don't end up with a lot of wrapping to do
at once. Be sure to buy batteries for children's toys.
OHL Lawyers wishes everyone a safe and a happy holiday.
Our legal team is here to help with any year end tasks as you get ready for the festive season.
The holiday season brings with it a lot of fun--but a lot of tasks you need to do to get ready.
With this Christmas countdown checklist, you can make sure all of the stockings are hung by
the chimney with care (and all of your other holiday tasks are done) well before the holiday
is upon you.

11. Variety Santa Fun Run - The Rocks
6th December
George Street, The Rocks NSW 2000
CoatesHireSydney500
4th December to 6th December
Sydney Olympic Park NSW 2127
Phone: (07) 5630 0364
The streets of Sydney Olympic Park will
ignite for the Coates Hire Sydney 500 as
drivers push the limits at the season's
grand finale. Don't miss a moment of the
action as Ford, Holden, Nissan, Volvo and
Erebus Motorsport V8 go head to head at
the Championship showdown.
Electronic Music Conference (EMC)
1st December till 2nd December
330 George Street, Sydney, NSW 2000
www.electronicmusicconference.com
Sydney's annual Electronic Music
Conference (EMC) is Asia-Pacific's premier
dance music event. Each year speakers,
artists, delegates and aspiring DJs and
producers gather in Sydney for three days
of panels, talks, networking, masterclasses
and more.
What’s On in Sydney
Thousands of Santas of all shapes and sizes
will spread the spirit of Christmas when
Variety - the Children's Charity hosts the
seventh annual Santa Fun Run on the first
Sunday in December.
OVER 60 YEARS OF TRUSTED EXPERIENCE PAGE 12
Sydney Hills Shakespeare in the Park
11th December 2015
Bella Vista Farms, Bella Vista NSW 2153
TheFourSeasons
7th December
Bennelong Point, Sydney NSW 2000
Phone: 1800 444 444
Vivaldi's Four Seasons has undergone
many reincarnations since it was first
played by the talented orphans of the
Ospedale della Pietà in 18th-century
Venice. Now, Richard Tognetti and
Joseph Tawadros bring their own blend
of musical alchemy to this program
Messtival - Bondi
6th December
Campbell PdeBondi NSW 2026
www.mangoes.net.au
Held on Bondi Beach each year, Mess-tival
is a one-day festival celebrating the peak
of the mango season in Australia and the
official start of summer, whilst raising funds
for the North Bondi Surf Club. Now in its
fourth year, Mess-tival 2015 will see more
fun and games, more memories and more
mangoes.
The Sydney Hills Shakespeare in the Park is
an annual event, staged in partnership with
the Hills Shire Council.
The Festival is a repertory season of plays
produced by SfJ at Bella Vista Farm Park
throughout December each year.
Hamlet - Sydney
26th October to 6th December
Sydney Opera House, Sydney NSW 2000
Phone: (02) 9250 7777
New Year's Eve on Cockatoo Island
31th December
Cockatoo Island, Sydney Harbour NSW 2000
www.cockatooisland.gov.au/stay/NYE-2015
Cockatoo Island is one of Sydney's best kept
secrets when it comes to watching the New
Year's Eve fireworks.
Enjoy a fun and relaxing night with friends
and family, avoiding the crowds, long walks
home and traffic jams.
Voices of Angels: Gloria!
14th December to15th December
2 – 12 Angel PlaceSydney NSW 2000
Phone: (02) 8256 2222
The magical young voices of Sydney
Children's Choir and Gondwana Voices
will transport you to Christmas in 18th
Century Venice with Vivaldi's beloved
masterwork Gloria, directed by Lyn
Williams OAM.
Following Bell Shakespeare's critically
acclaimed Henry V in 2014, Damien
Ryan directs Josh McConville and Matilda
Ridgway in a passionate and compelling
new production of Hamlet.
www.varietysantafunrun.com.au/
www.sportforjove.com.au

12. INDIVIDUAL AND COMMERCIAL LAW SPECIALISTS
Enhancing the lives of our clients by providing
acquisition of wealth, protection and management
of assets and the transfer of wealth throughout
generations.
CALL
1800 770 780
VIEW
www.owenhodge.com.au
VISIT
Level 3, 171 Clarence Street, Sydney NSW 2000
Level 2, 12-14 Ormonde Parade, Hurstville nsw 2220