Category Archives: PHARMACY LAW

Our Legal Fees & Services

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Family Law, Criminal Law, Immigration, Traffic Law

At GMH Legal we believe that client relationships matter more than time sheets which is why we offer a range of alternative fee arrangements to best suit your needs.

Our focus is on client service and establishing mutually rewarding relationships with our clients. We think that billing by the hour does not encourage the most efficient and effective delivery of legal services.

We strive to be innovative and eliminating the inherent inefficiencies of the billable hour means that we can focus on achieving the best possible result for our clients.

However, we do recognise that not all matters lend themselves to an alternative fee arrangement. That is why we offer a range of alternative fee arrangements, including straight time based billing if that is what works best for you.

We will work in collaboration with you to determine your specific legal requirements and then develop the most effective strategy and fee arrangement for your needs.

What we offer

GMH Legal can offer you the following fee arrangements, or a combination of these, as an alternative to time based billing. These options can be customised to suit your needs. No matter what fee arrangement you prefer, providing you with certainty by scoping and pricing our work upfront is our priority.

Fixed and value pricing

GMH Legal can charge you a fixed price for any matter. We will quote you a price and stick to it. If there is a change in the agreed scope of work, we will send you a variation detailing the new scope and the price for that change.

Value pricing is a fixed price that we agree up front with you that reflects your legal requirements and the service we provide. With value pricing you don’t pay for our time – you pay for the work we do and the value you receive.

This ensures you receive more value for your legal spend. Value pricing can also include fee incentives to achieve your goals and for results that exceed expectations. These incentives align our interests with yours, making your success our success.

Flexible retainers

With a retainer agreement, GMH Legal will charge you a fixed periodic fee for the provision of legal services. A retainer provides the budgetary control and certainty that hourly billing can’t.

We determine the periodic fee by calculating the average value of our services over the time taken to conduct the matter. A retainer means you know exactly what you will pay for the result you desire.

We will regularly review the terms of the retainer with you to ensure it remains fair to both parties.

Event-based pricing

GMH Legal can charge you a fixed price for each stage of a matter. We work with you to properly scope the matter, determine the stages involved and then agree a fixed fee with you for each stage.

Want to know more? Contact us to discuss how we can tailor a fee arrangement to best suit your needs.

George Hanna
Director Solicitor

Tel: (02) 9587 0458
Email: solicitors@gmhlegal.com

The Fallibility of Psychological Reports in Migration Matters

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DZAAK V Minister for Immigration & Anor [2012] FMCA 1027

An interesting new judgement has come out of the Federal Magistrates Court regarding the use of Psychologists’ reports in Migration matters.

In this case, the applicant appeared before the Independent Migration Review (IMR) board on two separate occasions. On the second sitting, the applicant raised new information with the examiner regarding the background circumstances that led to the applicant seeking refuge in Australia.

The applicant claimed that the new information was introduced at the second and not at the initial interview because of psychological issues that the applicant had since overcome after seeing a “psychologist”.

The applicant sought to substantiate the inclusion of new information by submitting a Counsellor’s Report which outlined that due to psychological issues at the time of the previous interview, the applicant was not mentally capable of clearly relaying and recalling the events leading up to the applicant’s departure from his country of origin. Importantly, the Counsellor’s Report was proclaimed as a Psychologist’s Report and as such, it was put forth by the applicant’s council as expert material.

The so-called “expert material” did not impress the Federal Magistrates Court (FMC) which distinctly pointed to the strict requirements of Expert Witnesses that is set out in the Federal Court Practice Note CM7 on Expert Witnesses. Not only was the Councillor’s report incorrectly defined as a Psychologist’s report, but in any case, an “expert” in any particular field is required to properly particularise their training, study or experience by which they have acquired such expert knowledge. As the Councillor was not a Psychologist, the nature and extent of her expertise could not be precisely defined or determined and consequently the applicant’s case was dismissed.

The FMC found that the Councillor’s report did not add weight to the applicant’s claims that new information should be admissible due to psychological issues. In any case, regardless of the fact that the report was not of an expert nature, its relevancy would remain a decision for the IMR to make.

Hence, what is evident from this decision is that the use of an expert’s report is not a fool proof mode of substantiating an applicant’s claims. An examiner is entitled and expected to assess and reflect on the surrounding circumstances in determining what weight should be placed on an expert’s report.

Summation

It is not unusual that some applicants appearing before the IMR board seeking Refugee status have experienced a high level of trauma or distress that has led to the applicant seeking refuge in Australia.

Applicants will need to bear in mind how imperative it is that they discuss all matters relating to their circumstances of migration, including and particularly those matters that resonate on an emotional and psychological level or, they may not be awarded another opportunity to do so and consequently risk their application failing in light of inconsistent and conflicting claims which fracture the truthfulness of their application.

Should you have any Immigration Law queries, call our Principal Solicitor George Hanna on (02) 9587 0458 or send an email to ghanna@gmhlegal.com to arrange a free consultation.

Business Structures

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As a business owner, your selection of a business structure is one of the most important decisions you will make when starting up a business. Every business is unique and each business and business owner has their own specific needs and goals.

That is why at GMH Legal we work clsoely with you to help you decide which business structure is best for you and advise you on the legal implications of a particular business structure. We consider the options and have the expertise to assist you in all aspects of business structures including:

  • Sole trader set-up
  • Partnerships
  • Joint Ventures
  • Limited liability companies
  • Family/discretionary/unit trusts
  • Mergers and acquisitions
  • Business succession planning
  • Tax effective business structuring

Company Incorporations

Deciding to incorporate a company is often a complex decision. At GMH Legal we can help advise you and fully undertake the process to incorporate your company. We ensure that all the necessary registrations, planning and documentation is taken care of as well as adopting a company constitution appropriate for your business and industry.

If you would like to incorporate your company or unsure whether you should do so, contact GMH Legal and we can provide you with the best possible advice helping you achieve your financial and personal goals.

Company Reconstructions

Business restructuring can be a technical process and often involves the transfer of business assets and control. Deciding on company structures can have considerable implications.

At GMH Legal our experience allows us to provide you with accurate, professional and cost effective advice personalised for your individual and company needs.

Formation and Dissolution of Partnerships

A Partnership can be formed where more than one person or entity makes a business venture with a view to make a profit. Partnership agreements binds others in the partnership and are regulated under the Partnership Act 1892 (NSW).

GMH Legal makes sure that you are advised on every aspect of a partnership proposal and fully undertakes all the processes required to make effective a partnership agreement including drafting contracts, registrations and ensuring that all regulations are complied with.

GMH Legal can also dissolve any partnership agreement and ensures that your rights and interests are preserved after the dissolution.

Purchase and Sale of a Business

Buying or selling a business is one of the biggest decisions a business owner can make. That is why at GMH Legal we have the requisite skills and experience to advise you on your sale or purchase of a business and make sure that any pitfalls are avoided and that the buy/sell agreement is legal, binding and in favour of you.

GMH Legal can assist, among many things:

  • Transfer of assets;
  • Title transfer;
  • Licenses and permits;
  • Payments and payment structures;
  • Existing leases and other rights;
  • Employee contracts and benefits;
  • Full disclosure of relevant information;
  • Patents, trademarks and trade names;
  • Litigation claims.

Contract Drafting including Commercial, Joint Venture and Partnership Agreements

Whichever the business or company structure, GMH Legal ensure that our clients are advised as to their interests and rights when coming to form business related agreements. Our skills and experience allows us to avoid any common shortfalls in agreements which our clients enter into.

If you are wanting to enter into a business related agreement, contact GMH Legal and we can help make sure that your rights are protected and that you achieve your business goals in the most effective way.

Drafting Guarantees, Mortgages, Charges and other Security Documentation

At GMH Legal, we advise and draft documents in relation to all types of finance, loan and security documents including mortgages, guarantees, charges and loan agreements.

We also advise and assist in relation to the enforcement of securities including issuing and pursuing court proceedings.

Trusts – Unit and Discretionary Trusts

Discretionary family trusts are commonly used by businesses which are not large in Australia. It allows members of a family to share around the tax impositions in order to maintain the most tax effective structure possible for the family as a whole.

A unit trust on the other hand, is a trust in which trust property is divided into a number of defined shares called units. The beneficiaries are allocated for these units in the trust. Unlike a beneficiary of a discretionary trust, a unit holder in a unit trust can have a proprietary interest in that property commonly being a proportion of the unity property of the unit trust.

Choosing the right type of trust for your circumstances is crucial and we at GMH Legal have the skills and professional experience to advise you as to which is most suitable for your business and personal needs.

If you have any queries about these types of trusts, please do not hesitate to contact us at GMH Legal.

Changes to Pharmacy Location Rules

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Changes to the rules governing the location of pharmacies in Australia will preserve a network of community pharmacies in appropriate sites across Australia.

The changes, to come into effect from 18 October this year, will update the rules in a way that will make them more transparent and effective. They have been agreed by both the Department of Health and Ageing and the Pharmacy Guild.

The Pharmacy Location Rules are in place to regulate the distribution of pharmacies, and to ensure Australia has a well distributed, sustainable and accessible pharmacy network.

Announcing the changes today, the Minister for Health and Ageing Nicola Roxon said they would benefit patients when pharmacists wanted to establish a new pharmacy in areas where there was a demonstrated community need.

Under the amendments, an existing pharmacy PBS approval is no longer required before a new pharmacy can be established in facilities such as shopping centres, large medical centres and private hospitals—or in towns where there is only one pharmacy. In relation to towns where there is only one pharmacy, this means a proposed additional pharmacy which meets all other criteria for approval, may be approved without the need to relocate an existing approval number.

The changes also include streamlining some of the previous rules, as well as simplifying the test for determining that there are a sufficient number of people who would use a new pharmacy.

The changes follow an independent review of the Pharmacy Location Rules conducted last year.

The National President of the Guild, Kos Sclavos, said the Guild supported the changes in the interests of the long term sustainability of what is widely regarded as the world’s best practice community pharmacy model.

Should you require advice regarding a pharmacy PBS, please contact the Principal Solicitor for GMH Legal, Mr George Hanna on 02 9587 0458 or by email on ghanna@gmhlegal.com .