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MARGARET OLLEY

“She wanted to be remembered

as a painter . . . and also a

great philanthropist,” said

John McDonald. Margaret,

who celebrated a colourful

life, was 88 when she died

in July 2011.

My father isa gambler!

There’s an old adage for poker machines that goes something like this: the more money you play, the more you lose. You can’t win. YOU CAN’T WIN!

Ms X is concerned that her re-cently widowed father is spending his time and money playing the pokies which, one day, “will be the ruin of him,” Ms X said.

“My mum and dad were always close,” said Ms X. “They did every-thing together. Sadly, she passed away quite suddenly six months ago.”

Ms X continues: “For a while I thought my dad was coping pretty well, still getting out and keeping quite busy. He lives about an hour away.

“Recently, when I visited, he’d been out and I let myself in and waited for him to return. Just last week I noticed there was a pile of red bills stuffed at the back of a drawer. When I asked him he be-came defensive, angry and quite hurtful.

“He said I know nothing about what he is going through. Later, I called one of his friends; he told me dad was spending hours on end at the local club playing the poker machines.

“Can you advise me where I should start?”

Carer: Many people spend afew dollars on the pokies – and that’s harmless.

It appears your father’s joining

the 160,000-200,000 other Austra-lians who have become addicted to the promise of a big win.

Sadly, no one can rein him in. The back-log of bills worries him. What started out as fun with the pokies has gone too far. Here are

some avenues you can try: A CHANGE of scenery; a removal

from the gambling environment he craves for; breaking his habit.

RELATIONSHIPS Australia can as-sist you with his gambling problems in a non-confrontational way.

THERE IS Gambling Help Online. SEE YOUR own solicitor or ac-

countant regarding your father’s accrued bills. Best of luck!

Frank Morris writes: If your father is able to speak to a person face-to-face I recommend Gamblers Anonymous. He’ll get assistance from people who have been through the same problem. They can help him, providing he turns up. Not once but regularly.

SEPARATION: INSIDE

Inset: Ben Quilty this year. William Dobell, 1948. Detail of painting taken from The Archibald Prize: An illustrated history 1921-1981.

2

IF IT’S A PRIVATE VILLAGE, IS IT ACCREDITED. IF NOT, WHY NOT?

Your grandson will be hurt and confused and there’s no point adding to his misery.

The morning newspaper came out with a headline that really put Australians ahead in the world of gambling.

I said it back in 1981.In a book I had published that year, Play-

er’s Guide to Poker Machines, I said that “Australia is a nation of gamblers – the world’s heaviest gamblers by a long shot.”

In that year, 1979-1980, the estimated $273 million that Treasury earned from gambling, “about $115 million came from poker machines.” If pokies are haphaz-ardly controlled as they are today, they are a mighty big earner. Next to the Sport of Kings – the gallops – it leaves it for dead.

Nevertheless, it shows that pokies lead the Revenue Stakes.

“If Australia is a nation of gamblers, then NSW is the Gambling State,” the book added.

Friends, relatives, cousins or the person on the street - it makes no difference. If they are set on being gamblers, nothing will stop them.

The book said: “To the chagrin of the anti-gambling pressure groups, whose protestations down through the years have lamentably failed to penetrate the Australian psyche, gambling is a way of life that is here to stay.”

The latest edition of The Economist ranks Australians “as the biggest gam-blers in the world,” spending per capita $1208.75 each last year.

We’re the best when it comes to gambling!

PSST!

s CONTINUED ON P3

ALL YOU NEED IS A COMPUTER . . .

THE eBOOK THAT PULLS

NO PUNCHES!Retirement Villages:

Making the Right Choice

Send a cheque or money order to:Owen Hodge LawyersPO Box 187Hurstville BC NSW 1481

Cost is $15 per copy.Includes postage and handling.

NORWAY GREECE SPAIN SWEDEN DENMARK

$420 $394 $393 $363 $359

LOSS PER ADULT, PER COUNTRY 2010 $

AUSTRALIA SINGAPORE IRELAND CANADA

$1209 $1101 $552 $533

HEY (VERY) BIG SPENDERS

FINLAND $553, ITALY $485, HONG KONG $472, USA $356, UK $343, JAPAN $336

EYEVIEWFrankMorris

GAMBLING IS A PROBLEMGamblers Anonymous is a fellowship of men and women who share their experience, strength and hope with each other that they may solve their common problem and help others to recover from a gambling problem. To find out more visit: www.gansw.org.au

Aids For Daily Living. Everyday aids to improve the quality of your life. Make your life easier. Published by Aged Healthcare Product. Call 1300 311 568.

n DIVORCE, SEPARATION

Grandparents - Eric has a story to tell“I alternated between feeling vaguely fond of my stepson and finding him irritating.” - (Name Withheld)

Like many grandparents across Australia, Eric is facing the difficult task of explaining to his grandson the breakdown of his parents’ relationship. Have you found yourself in a similar bind?

“How do I explain to my six-year-old grandson that his daddy is leaving his mum-my, himself and his younger brother and will be living with another woman?” said Eric.

This scenario seems to be happening more and more in our society. Perhaps a cross-section of opinion is what is needed in this type of situation. For many people, including grandparents, it is a very upsetting and sad situation.

The best person to chat to Eric is somebody who deals with this problem, or similar prob-lems, all the time. The person is from a com-munity carer’s service so that cross-section of doubt will be nullified.

The Carer’s verdict: This is happening more and more in today’s world and as a result there are a lot of grandparents who find themselves in a difficult heartbreaking trauma.

Naturally, you do not say whether it is your daughter or son-in-law who left the family home. I assume you are taking a major role in support of your daughter. This is important.

While you feel the weight of the whole

PSST!

OWEN HODGE LAWYERS - OVER 60 YEARS OF TRUSTED EXPERIENCE 3

LAYOUT AND LOCATION OF THE VILLAGE IS IMPORTANT. WILL IT SUIT THE INTENDING RESIDENT?

A lot of grandparents find themselves in heartbreaking trauma

FRANK MORRIS

Pomegranate juice has excellent antioxidant properties. It has about three times more antioxidants than red wine or green tea. Many people also enjoy its rich taste, making it a welcomed beverage.

SUPER JUICE

trauma, the situation falls on your shoulders. It should be your daughter who, with your support, is explaining this to her son.

In the early days, when a relationship col-lapses, children should feel their parents are being open and honest with them and not deserting them. Your daughter should tell her son that he will be loved and supported by herself and his daddy, and family members whenever he needs them.

You must spend more time with your daughter and, no doubt, spend more time with your grandson. Your grandson will ask the question: Where is his father and why did he leave. You must be honest in the kind-est way you can. Remember, at six-years-old your grandson will be aware of more things than you realise.

Also, as much as it may pain you, you must not bad-mouth his father. Apart from what has been done that may have caused the end of relationship with your daughter, he is still the father of your grandson.

Your grandson will be hurt and confused and there’s no point adding to his misery.

You can explain to your grandson that fami-lies come in all shapes and sizes. At school he would be aware of children who have parents, or are raised by grandparents, foster parents or maybe same-sex parents. Families are no longer mum, dad and the kids.

Have a word with the teacher and find out if he is withdrawn in class. Make sure your daughter is coping as well.

The legal system is not perfect but you do have rights. Owen Hodge Lawyers are expe-rienced in all areas of Family Law and can advise you of any action you can take.

Eric, this is a difficult time for you and your family. It important that you realise that you are not alone, and there is help on offer.

Aged Care: The right news to hearThe Productivity Commission’s final report on Caring for Older Australians was certainly the right news to hear on this dull August day.

Australians will pay more for residential aged care but selling the house will not be necessary.

I like the fact that 90 per cent of aged care providers like the proposition. I also favour that people “can draw on the equity in their home” and not be required to secure an up-front bond.

I like the comprehensive means test, and no distinction between high and low aged care residences. And the fact that a one-stop organisation called the Australian Seniors Gateway Agency is the link that would pro-vide aged-care information.

My rating out of five: 4. - Frank Morris

Father’s battle to “share the care”An estimated 30,000 stepmothers live with children under the age of 18, according to the Bureau of Statistics.

This is dwarfed by the number of step-fathers – reported as 132,000 – because, traditionally, children have tended to re-main with their mother after a breakup.

However, since the changes to the Fam-ily Law Act in 2006, the number of fathers applying to share the care of their chil-dren has increased.

Small steps for step-parents

Stepfamilies Australia has the following tips:

DON’T expect your stepfamily to work like a biological family. Keep in mind that the stepfamily is a family built on a loss.

A STEPMOTHER’s role is different to be-ing a mother. Think of it as more like a friend, mentor or caring aunt.

DON’T expect close loving relationships between all family members. Stepfamily members might grow to love each other in time, but they may not.

ENCOURAGE an environment of mutual respect and understanding.

DON’T feel like a failure if you don’t develop a close relationship with your stepchildren. It’s your stepchild’s individ-ual personality and different expectations that count.

FIND OUT about the reality of stepfamily life by reading books and taking courses. P4: SOLICITOR’S

GIVE VERDICT.

s CONTINUED FROM P2

Hold the spoon with the thumb on top.

The soup spoon is filled by moving it away from you.

Tip the plate slightly.

SOUP ETIQUETTE

‘ ‘

DRIVING A CAR IS DIFFICULT Driving a car or truck with a wrist and hand that has got no power behind them must be hell indeed. Check with your doctor and find out if you have Carpal Tunnel Syndrome.

ALZHEIMER’SDISEASENearly half the cases of dementia are caused by Alzheimer’s Disease. Take the case of Peter. He is in a nightmare from which there is no return.

NEXT ISSUE

PSST! PETS ARE TRICKY! SOME VILLAGES WILL EXCLUDE PETS ALTOGETHER. CHECK IT OUT.

The interviews on Rachelle and John were done by Jennie Brockie of SBS Insight program.4

When the years have run dry - separationWhen you hear about divorce and separation, it is nearly always from an adult.

Psychologists, researchers and parents regularly talk about the effect it has on the kids. But how often do we get feedback from the kids themselves? You’ll now hear from two children – boy and girl – and what they witnessed at the time of the breakup.

Rachelle, you were a toddler when your parents separated. What do you remember?

My father, mother and I standing against the cars and we’re drinking milk out of a co-conut. After we finished it, which was quite disgusting, my father pulled out of the drive-way and went off to my grandpa’s house. As soon as he pulled out my new stepfather drove in from around the corner. That’s how the story goes.

You were only three when that hap-pened. I’m surprised that you remember anything at all from when you were three. What sense did you make of what was go-ing on?

I remember myself crying. I remember run-ning inside my room, but that’s about it.

And did your stepdad move in that day?He was waiting at the park just across the

road.So dad drove out, stepdad drove in?Yep.And your life changed a lot from then on?You could say that … A fair bit.

John: I recall that awful day - it was horrible . . .My brothers, sister and I were walking home from school, which was about 300m down the road from were we lived, John said.

He added: We were all enjoying ourselves. My brother and I used to try and race each other home; see who’d get there first. I beat him that day and walked into the front door, and mum and dad were having a bit of a feud. I was a bit stunned, like “Whoa, what’s going on here?”

But yeah, that’s basically when we figured out that mum and dad were splitting up and going their own way.

What do I remember?What I remember most is walking out from

the backyard - we walked around the corner

to the side gate next to a shed. He got in his truck, and we were all at the gate standing there like ”Oh, can we come with you?” We were all in tears.

We didn’t understand what had actually happened. We thought dad would be going away, but we didn’t know that he wouldn’t be coming back.

John, you’re 17 now. Did you make sense when it happened? I mean, what had been happening beforehand?

Oh, we all just … thought it was perfect, because when you’re kids you don’t really think at the time. Whereas when I walked in to discover a fight, I was like “Whoa, some-thing has happened here” type of thing.

Was that the first inkling you got? What happened immediately beforehand?

Basically, there was nothing wrong. I don’t remember every single day, but I do remem-ber that they were happy, playing and mess-ing around. And then to discover that the next day, basically it was over.”

Do you have superannuation? Are you going through a family

law property settlement?

ANDREW BANNA

Superannuation, as it exists today, is a system designed

to provide people with incentives.

It allows people to fund their own retire-ment as well as provide benefits to their dependents once they have passed on.

The value you derive from your super-annuation entitlements is a direct result of the contributions the fund has received over time, primarily during your working life.

In family law, superannuation is taken into account in property settlement mat-ters and is subjected to the same princi-ples as other property.

SOLICITORVERDICT

n DIVORCE, SEPARATION n SEPARATION

BOWEL CANCER Bowel cancer affects

one in four people

over the age of 40 in

Australia. Sometimes

people have bowel

cancer or pre cancer

for many years

without knowing it.

Contact your local

doctor or phone

1300 024 784.

DEPRESSIONThere were over 16

million prescriptions

for antidepressants

issued under the PBS

or the RPD schemes

on 2008-2009. The

first four months of

2010, 1.5 million

prescriptions were

issued.

s CONTINUED ON P5

PSST! RETIREMENT VILLAGES: CONSULT YOUR SOLICITOR BEFORE YOU SIGN ANY DOCUMENTS.

Best Years Newsletter is produced for Owen Hodge Lawyers Hurstville and Sydney. Editor: Frank Morris 0402 734 504. Letters to: enquiries@mediacentre.com.au or ohl@owenhodge.com.au

5

s CONTINUED FROM P4ALL superannuation is taken into

account, regardless of when it was ac-quired - before or during the marriage, even after separation.

IT’S not automatically subject to a 50/50 division.

SUPERANNUATION splitting laws apply to married and de-facto couples.

MOST superannuation interests can be “split”. This means that any agreement you reach in property settlement can make pro-vision for a certain sum from your super to be paid or transferred to your partner.

However, it is advised that any interest that has a withdrawal benefit of less than $5,000 is not divided as it would not be cost effective for the parties; PAYMENT splitting agreements will not be bind-ing on the trustee of the superannuation fund unless the said fund has approved the terms of the “split” sought. This pro-cess is to ensure the fund has been given an opportunity to consider the proposed split.

“I like this idea to “split” my superannua-tion - what are my options?” a client asks.

You have the option of splitting super within settlement documents that are used to finalise property settlement mat-ters. Such options available include: Bind-ing Financial Agreements; Consent Orders - ie: Court Orders).

Both these options allow you to nego-tiate your own agreement for property settlement.

If you cannot reach an agreement as to how you should split your super, the Court has the power to make a splitting order in the absence of such agreement.

It is worth noting that even when an ap-plication is made to a Court, it is possible to reach an agreement at any stage, with-out the need for a Court hearing.

In practice we have many clients who commence another relationship in later life and are interested in protecting their often substantial and current super inter-ests in the event they separate.

For example Mr Smith, a client, had a sub-stantial amount of super as a result of the contributions he made over many years.

He re-partnered at the age of 62 and wished to quarantine his super interests as well as restrict anyone other than himself and his children (from a previous relation-ship) from receiving his super benefits.

As such, Mr Smith entered into a Bind-ing Financial Agreement with his new partner to reflect this arrangement and prevent his current partner from claiming an interest in the event of separation.

This agreement effectively restricts Mr Smith’s new partner from making an ap-plication in Court to split his superannua-tion in the event of separation.

Before entering into a Financial Agreement, file for consent orders or apply for a Court hearing, both parties will need to obtain in-formation to value their superannuation. n Owen Hodge Lawyers advise on the all areas of superannuation and family law.

OH Lawyers aligned with new practicesAfter 61 years as a successful law practice Owen Hodge Lawyers has a vision.

“It’s simply this: We certainly look forward to meeting and exceeding the expectations of current and future clients.”

“Our main aim is to ensure all clients from recently aligned firms have their questions answered and are satisfied with the transfer,” the firm said.

IMMORTALHONOUREDSt George Immortal Reg Gasnier was recently unveiled as the seventh statue inside the SGC precinct as part of the Basil Sellers Sports Sculpture project. Gasnier, now 71, played between 1958 and 1967, scoring a stunning 130 tries in 127 games for St George.

OH Lawyers PartnerJames Kelly.

Owen Hodge Lawyers has a long history in the legal business. Be-ginning in 1949, Owen Hodge returned from a lengthy military service and opened his sole practice.

The business origi-nally traded as Owen D. Hodge. In 1974 the name was changed to Owen Hodge & Son, when his son joined the practice.

“Since that time Owen Hodge Lawyers has grown over two locations and is focused on meeting our clients’ needs,” the firm said.

OH Lawyers offers clients the convenience of two locations for appointments - the Syd-ney and Hurstville offices.

“We are able to continue to be focused on providing well-equipped staff and servicing to our expanding clientele,” the firm said.

“We hold extensive legal experience in Es-tate Law, Conveyancing, Family Law, Personal Litigation and Commercial Law. In addition to legal services with two of OH Lawyers affiliated businesses, we are able to offer financial advice through OH Financial Planning and free mort-gage lending with OH Mortgage Solution.”n Owen Hodge Lawyers Sydney provide expert legal services to a diverse range of individual and commercial law clients, in areas ranging from wills and estate planning to employment law and com-mercial contracts. Contact us today for a confidential discussion about your re-quirements.

Banna joins teamOwen Hodge Lawyers has announced that Andrew Banna will take over the role of firm’s new family lawyer.

Partner James Kelly, said “this position in-volves leading our family law department and managing client files.”

Mr Banna is practiced at upholding the firm’s visions and values; and in particu-lar the need to enhance the pathway of his

s CONTINUED ON P6

O W E N H O D G E L A W Y E R S

C I T Y

H I T S

CHANGE-A-WORDCan you change the word “CITY” to “HITS” changing only one letter each time and making a new word each time.

The first ferry service on Sydney Harbour linking the north shore with Sydney was going to be, according to a newspaper, a “gargantuan” success.

Not to mention the fact that Australia’s white population had just swelled to over 70,000.

By the time 1831 dawned, a four-page weekly, was just about to be launched to the public. On April 18 three businessmen – Ward Stephens, Frederick Stokes and William Mc-Garvie – began the Sydney Herald.

The paper said: “The first item was an an-nouncement by the Governor . . . that three men . . . had been granted tickets of leave,” the Herald reported.

The Sydney Herald said in its first editorial: “Public opinion is so much guided . . . by the press that every attempt to increase its range must be interesting to the community.”

The beginning “was tentative” until the “financial depression” hit Australia in 1842.

It changed its name in 1841 by adding ‘Morn-ing’ to its title, thanks to new owners John Fairfax and Charles Kemp.

Then, as a survivor, it decided due to its “strong commercial position” that “there was no room for two conservative newspapers in the colony.”

The Sydney Gazette, because of squabbling and discontent among the executive, folded in October 20, 1842.

The Gazette had held a monopoly until the 1820s. Aside from present-day problems, the Sydney Morning Herald continues as Austra-lia’s longest running newspaper and “thriv-ing” publication and can also lay claim to having spawned one of the largest classified advertising sections in the world.

THE GOOD OLD DAYS

Australia’s oldest newspaper!

An initiative of Owen Hodge Lawyers

Working together, creating solutions.

Offices at Sydney and Hurstville.

Tel (02) 9570 7844. Fax (02) 9570 9021.

Email ohl@owenhodge.com.au

Online www.owenhodge.com.au

s CONTINUED FROM P5clients. “He believes that this can be achieved by providing a friendly, supportive and cost-effective approach to legal family issues,” Mr Kelly said.

Mr Banna has chalked up extensive experi-enced in family law and has worked on a vast array of matters - property matters, parent-

ing, binding financial agreement (for married and de-facto couples), spousal maintenance, child support matters and so on.

“Andrew Banna will be taking over Mark Field’s position,” said James Kelly. “We wish Mark the best in his future and are excited to welcome Andrew and his expertise to Owen Hodge Lawyers.”

It decided due to its “strong commercial position” that “there was no room for two conservative newspapers in the colony.”

New US cigarette packagingIt’s common knowledge that smoking is bad for you, but the US Food and Drug Administration isn’t sure you’re getting the message. Despite links to cancer and heart disease, 20.6% of the adult population still smokes cigarettes, and about 1000 children and teenages take up the habit each day. That’s why the agency unveiled nine new warning labels on June 21. The labels show graphic images, including diseased lung tissue and a man’s tracheotomy hole, as part of an initiative born of the 2009 Family Smoking Prevention and Tobacco Control Act, which gave the FDA regulatory authority over tobacco products for the first time. Together with statement like “Warning: Smoking can kill you,” the new images will take up 50% of all cigarette cartons and 20% of all cigarette ads in the US by October 2012. - TIME

The current look of The Sydney Morning Herald.

FrankMorris