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Alan Priest - Legal Light
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LEGAL Light with ALAN PRIEST
FROM PRIEST LEGAL
PROMISES. PROMISES. WHAT HAPPENS WHEN YOU BREACH THEM?
The answer to the above question depends, like many legal issues, on all the circumstances of the case.
Some consequences of the breach of a contract are determined by looking at the provisions of an Act of Parliament whereas others are controlled by the term of the written agreement of the parties concerned. Others are resolved by a decision made by a court after listening to all the evidence. In 1961, the Marriage Act abolished the right to seek compensation by the jilted party for breach of promise to marry. However, the Marriage Act did not abolish the right to recover gifts given by one party to the other in contemplation of marriage. In a relatively recent Local Court case, the issue was the fate of the engagement ring and wedding rings purchased by the jilted intended husband and given to the intended bride before the proposed marriage was called off. He wanted them returned to him and she wanted to keep them. The first question was whether an engagement ring is a conditional gift that is to be returned if the parties fail to get married. The court noted that the answer to this question is still unresolved. The Magistrate noted that since the commencement of the Family Law Act in 1975, the concept of fault with respect to divorce had been abolished. Therefore, the question of who actually breaks a contract with respect to a marriage is one that is not relevant at law. The Magistrate also noted that, in the modern world, a gift of an engagement ring should be now seen, like other gifts, as given absolutely. He said ”Many gifts are given in happy times and with optimism. Sometimes that optimism is borne out, sometimes it isn’t.” He refused to order the return of the engagement ring. The second question was the fate of the wedding rings. The Magistrate believed that they were in a different category to the engagement ring. They were bought by the intended husband and given to his ex-fiancée for safe keeping until the wedding and she was holding them for him on that basis. Therefore, the Court ordered that the wedding rings be returned. In a similar case, the happy couple exchanged rings at their engagement party but 10 days later the relationship was on the rocks because the woman changed her mind and the intended marriage was abandoned. The ring given to the woman had cost the male $15,250. She had thrown it out with the rubbish. The Court decided that the ring had been a conditional gift which would only become her property after the marriage took place. As she could not return the ring, she was ordered to pay compensation and legal costs. Although these cases are novel, they are a reminder of the different categories of legal relationships that can be created through an exchange of property. The fact that a person agrees to something does not necessarily mean that they have an intention to form a contractual relationship. The context in which a person has agreed to something (and in particular if it was in a domestic or commercial setting) may be a vital consideration.
At Priest Legal, we have the experience and expertise to advise you in relation to any contractual matters whether the contract is formal or informal.
JENNY
S I N C L A I R
PORT MACQUARIE HASTINGS SPORTS AWARDS
We are excited to see the Port Macquarie Hastings Sport Awards are back this year after the disruptions of the past couple of years. Nominations are open now and winners will be announced in October, so Jenny Sinclair has given us all the details on the Awards and how to nominate.
Can you tell us about the Port Macquarie Hastings Sport Awards and how they came about?
The Port Macquarie Hastings Sports Awards commenced in 2000 by the Rotary Club of Port Macquarie Sunrise (Sunrise Rotary) to encourage participation in sport and recognise local sportspeople for their achievements.
In 2015, Sunrise Rotary joined forces with Port Macquarie Hastings Council to incorporate the Wayne Richards Sporting Scholarship presentation into the Sports Awards. The scholarship was established in 2004 in recognition of the late Wayne Richards, previous Mayor, and great supporter of junior sport across the region.
Tell us about previous winners who have gone on to impressive sporting careers?
Ryley Batt, OAM, five-time Olympian, has been involved in the Sports Awards from the early years, first as a nominee, an award winner, judge, motivational speaker and continues to support the Awards each year.
The Sports Awards provide an opportunity for our community to recognise many young sportspeople in the early stages of their careers, including international and national champions James Magnussen (swimming), Lauren Kitchen (cycling), Shelley Watts (boxing), Anna Gleeson (touch football) and more recently Rohan Nosworthy (sailing).
Tell us about different categories for the awards, and who is eligible for each?
The Sports Awards recognise individuals and team sports achievements from 1 October 2021 to 30 September 2022. There are awards covering all ages including: • The Wayne Richards Sporting Scholarship – ages 13 to 21 years • Greenmeadows Health Centre Sportsperson of the Year – all ages • AusSport Scoreboards Junior Sportsperson of the Year – Primary School age • Donovan Oates Hannaford Junior Sportsperson of the Year – High School age • Laing + Simmons Port Macquarie Sportsperson with a Disability – all ages • Patterson Real Estate Junior Team of the Year – 18 years and under • Donovan Oates
Regional Hannaford Senior Team of the Year – over 18 years sportspeople • Hastings Physio and and their families Health Sporting Volunteer often travel far and of the Year – all ages wide to compete in • Regional Australia Bank their chosen sports, Excellence Awards – at the the Sports Awards discretion of the judges provides an with nominees from all opportunity to come other categories eligible. together to celebrate Nominations are from a year of sport. all sports. Our experienced team of independent judges, from a broad range of sports, review every nomination to select our award winners.
Nominations are now open, and will close on Friday 30th September. What is the process for nominating someone?
People can nominate for the Port Macquarie Hastings Sports Awards and Wayne Richards Sporting Scholarship online at https://sunriserotary.org.au/sportsawards
You will need to provide the nominee contact details and a summary of their sporting achievements over the last twelve months.
All nominees and the winners will be recognised at a Presentation breakfast on 25 October, can you tell us about it?
The Sports Awards Presentation breakfast is a wonderful community event, where over 200 people gather to recognise all nominees and award winners. We start welcoming nominees and guests to Panthers from 6.45am with the formal presentation from 7am. For each Award category, we invite nominees up to the podium to receive their certificate of achievement and our wonderful sponsors announce the winners. It all wraps up by 8.30am so everyone can head off to school and work on time.
How might the winners and nominees benefit from being involved in the PMHSA?
The Sports Awards provide a platform to acknowledge and recognise the achievements of our local sportspeople and the contribution of volunteers, who are the backbone of local sport. Each nominee will receive a certificate of achievement and award winners will receive a cash prize, kindly donated by our sponsors. Each individual nominee will be invited to attend, receiving a complimentary breakfast, with teams receiving a complimentary breakfast for two members of the team.
Regional sportspeople and their families travel far and wide to compete, the Sports Awards provide an opportunity to come together to celebrate a year of sport.
What has the feedback been like from past nominees and winners?
The Presentation breakfast is a highlight for nominees and winners, it is a social morning, providing an opportunity for people from all sports to celebrate their achievements together.
Over the years, many of our past winners have returned to speak at the Sports Awards, fondly remembering their time competing locally across the region.
Sport has been disrupted the last couple of years, how does it feel to again be able to recognise local athletes’ and volunteers’ achievements? And why is it such an important event for our community?
Bushfires, floods and a pandemic, local sport has been hit hard in recent years. These disruptions have highlighted how important local sport is in bringing our community together for social connection and encouraging physical activity. Sunrise Rotary and the Mayor’s Sporting Fund are excited to deliver the Sports Awards program this year and are looking forward to reading the nominations as each one is inspiring and showcases the commitment, capability, and sportsmanship of local athletes.
We also love to receive nominations recognising our sporting volunteers; many volunteers have been riding the rollercoaster of disruption while trying to keep their clubs running and people engaged in sport, now is the time to say “thank you” and nominate those who are working behind the scenes.
Where can people get more information on the awards or nominate someone?
People can find more information and nominate for the Port Macquarie Hastings Sports Awards and Wayne Richards Sporting Scholarship online at:
sunrise-rotary.org.au/sportsawards
HASTINGS Education
FUND
MAKING DREAMS COME TRUE
Commencement Grant Recipients 2022
Over the past eleven years the Hastings Education Fund (HEF) has assisted over 300 school leavers in the Port Macquarie Hastings local government area to access further education and training opportunities at universities, TAFE and approved private colleges. Many former grant recipients are now graduates living their dream by working in their chosen profession or trade.
HOW HEF HELPS
Help comes in the form of non-cash grants which students can use to cover education and training related costs such as text books, technology equipment and software, course fees, specialised clothing, equipment and so on.
ELIGIBILITY FOR A COMMENCEMENT GRANT
Applicants must be aged between 16 and 25 and live in the Hastings area.
To be awarded a grant students need to demonstrate that they: 1. Have a need for financial support 2. Are committed to a further education course to help them achieve their career goal and 3. Plan to commence their further education or training program next year.
Up to thirty grants for post-secondary education courses are available each year to eligible students.
Applications close on September 30.
HOW TO APPLY
To apply students need to go to the Country Education Foundation of Australia website, click on ‘apply for a grant’ and complete the online application.
Students are encouraged to attach supporting documentation which demonstrates their need for support and their commitment to their chosen course. Recipients are selected after a shortlisting process and a panel interview. Academic merit is not a significant criteria as long as a student has the capacity to meet the requirements of the course they have chosen.
CONTINUING SCHOLARSHIPS
In addition to commencement grants, the Hastings Education Fund has generous sponsors who fund three continuing scholarships. These are awarded to applicants who have received a commencement grant and have successfully completed the first year of their chosen course. The three continuing scholarships are: • The John and Kay Burman Scholarship • The Lewis Land Scholarship and • The Rotary Club of Port Macquarie Scholarship in memory of the legendary Rotarian, Laurie Barber. This is a new scholarship to be awarded to a student studying an allied health course at Charles Sturt University, Port Macquarie campus.
EMERGENCY FUND
In recent years HEF has established an ‘emergency fund’ designed to provide students with financial assistance in an emergency. Students impacted by Covid, floods, the bush fires or other crises can apply to the fund for special emergency financial assistance.
HEF IS A PARTNERSHIP
The great success of HEF over the past eleven years comes from an excellent partnership. The partners include: • The very dedicated Management Committee of volunteers who liaise with sponsors, organise fundraising and oversee the selection of grant recipients, the disbursement of grants and continuing support for students • Generous sponsors who provide the committee with the resources needed to assist students • The Career Advisors in the local schools who work closely with HEF and encourage eligible students to apply for grants and • The Country Education Foundation of Australia, the auspicing body who provide our DGR status and administrative support.
THE HEF COMMITTEE
The committee members (pictured above) bring to the Hastings Education Fund significant experience in government and non-government schooling, TAFE and in the higher education sector as well as experience in business, finance, health and hospitality. All are volunteers who share a commitment to helping school leavers achieve their further education and career goals.
DREAM-BELIEVE-ACHIEVE
The HEF motto, ‘dream-believe-achieve’, challenges school leavers to have dreams and to believe in themselves. The HEF partners demonstrate their belief in the students by helping them in a very practical way by providing them with financial assistance to help them achieve their dreams.
SUPPORT FOR HEF
All funds used to support students come from local sponsors and from fundraising. It is about locals helping locals. Sponsors are guaranteed that 100 percent of their sponsorship money goes to the grant recipients. Local residents, who share a belief in the power of education and training to change lives, are encouraged to consider becoming part of the HEF family by becoming a sponsor or a donor. Further information is available on the HEF page of the Country Education Foundation of Australia website https://cef.org.au/foundations/hastings
The HEF Management Committee
Continuing Scholarship Recipients with donors John and Kay Burman
Continuing Education Sponsors 2022
John & Kay Burman Lewis Land Group
Diamond Sponsors ($5000 +)
John & Kay Burman Hunt Hospitality Dr Kristian Prados Rotary Club of Port Macquarie Rotary Club of Port Macquarie West Damian Scodellaro Geoff & Lynn Slack Sovereign Hills Sales
HEF Golf Day
Port Macquarie Golf Club James Single (Head Golf Professional)
Platinum Sponsors (over $1000, under $5000)
Monica Atkinson Bennetts Steel Birdon Group Brothers in Need Dr Brenda Campbell Compass Financial Management Elders Lifestyle Group Hastings Valley Fine Art Assoc. Lauireton Bonny Hills Uniting Church Men and Women At Work David Plews Port Macquarie Lions Club Dr Chris Prowse Neville Ramm Rotary Club of Port Macquarie Sunrise TheFriendship Club Tierney Property Services
Gold Sponsors ($1,000)
Peter & Carole Briscoe Charles Sturt University Commercial Project Group Corben Family Debbie Moore Real Estate Donovan Oates Hannaford Expressway Spares Frumar Family Grigg Advisory Hastings Business Women’s Network Hastings Co-op Hastings Data Loggers Hastings Secondary Schools Peter & Cate Hearle Dr Deon Heyns Impact Environmental Inner Wheel Club of Port Macquarie West Kendall Community Op Shop Kevin Debreceny Real Estate Julie McLeod Macquarie Business Accountants Master Builders Assoc. Oxley Division Mid Coast Connect Miedecke Motor Group Mount Seaview Natural Spring Water Oxley Insurance Brokers
HEF SPONSORS LIST
Port Macquarie-Hastings Council John & Helen Ross OAM Rotary Club of Wauchope Rotary Youth Leader Awards Chris & Robyn Simmonds Peta Simmons (Helen Glenn Memorial Award - Music) St Agnes Parish Schools The Style Vibe John Turner Richard Vella Wauchope Vets Leslie & Don Williams
In Kind Sponsors
Cassegrain Wines FOCUS Harvey Norman Technology and Entertainment J&H Travel & Tours Anne Johnston Photography Optus Port Macquarie Port News Port Panthers Saxbys Snap Printing TripleM Mid North Coast & Hit Mid North Coast Radio
