The Joy of Separation!

Most of us have a very theatrical vision of what a separation after a relationship breakdown must look like. There’s the quick transition to a new (and improved) home, the smokin’ hot physical transformation and piles upon piles of his trousers – the crotch cut out of each pair – lying in your wake.

The reality of a separation might be a little, well… different, but it’s certainly no less dramatic with an increasing number of couples continuing to live under the same roof after the relationship breaks down. “I wouldn’t say it’s common, but it’s certainly not unusual, says lawyer Amy Honan, who explains that the inability to financially support two households is often the primary cause of such an agreement. “Rents are high, house prices higher and if you don’t have family support close by to lend a hand or provide a roof, it can be tough to go out on your own.”

While Honan doesn’t recommend such an agreement in cases where there’s a lot of hurt and animosity, or cases where domestic violence – physical or otherwise – is present, she says it can work for some couples. “As I tell my clients, it’s really a question of asking yourself whether your mental health will be affected by continuing to live together,” she says.

Think it’s something you could attempt? Here’s what you need to know.

The pros and cons of being separated under one roof
Should the situation be tenable, there are several advantages to staying under the one roof. The major plus here is that it gives both parties time to sort their finances adequately so they’re not hitting the ground running.
“It minimises risk of defaulting on loans as parties are able to consolidate their expenses in the interim,” explains Honan. The other is that it gives couples with kids a chance to continue co-parenting their children under the one roof and working together to help little ones deal with the breakup as a family unit.

“This only works if the couple have parted amicably, however,” warns Honan. “Most parents do their best to shield their children from the ugly side of a breakup, but kids are more perceptive than we realise so you do need to ask yourself whether continuing to live together might negatively impact the children.”

The main disadvantage (besides the possibility of your children living in a hostile environment)? A lot of hurt and anger can continue to bubble to the surface as you continue to see one another, a factor which can prevent you from healing or moving on.

“I’ve seen clients who take turns staying at friends’ places, and division of houses, but regardless of the size of space you have, no one knows how to push your buttons quite like your partner or recent ex-partner so tensions can mount quickly.”

This isn’t to say it can’t work, but it’s a situation where no one shape fits all.

Making it work
Before you come to any agreement, it’s a good idea for both parties to seek support from a counsellor during the initial stages of a separation, as well as advice from a family lawyer.

“Generalised advice can point you in the right direction, but speaking to a family law professional about your own personal circumstances can make a huge difference to what happens next,” she says. “If you have children together, they’ll help you get a parenting plan in place, and give you advice on financials such as ensuring your mortgage redraw facilities requires joint signatures, changing beneficiaries, pins and passwords, and even how to stash sentimental items away from the house.

If you’re receiving, or plan to receive, any government payments, you will need to have a Separated Under One Roof assessment with the Department of Human Services.
[Here’s the form they will get you to fill in.]

Each person will need to explain why they need to continue living under the same roof, and provide evidence of a relationship breakdown. Third party statements will usually be sought and your financial, super and healthcare institutions may be contacted.

It’s best to speak with Human Services to get advice on your particular situation but don’t forget it’s essential to contact them immediately you start any deal that would be interpreted as separated but living under the same roof. “If you end up reconciling yet continue to collect benefits, you’ll end up with a nasty debt,” warns Honan. “And this can quickly turn what should be a happy time in your lives, to a potentially nasty one.”

And of course when you do end up filing for divorce after your separation period there will be an additional form to fill and an affidavit to confirm you were separated but living under one roof.
And don’t forget to check out the Eagle’s guide on how to separate HERE.
And what happens to the kids when you separate HERE.

Airbnb is often described as a great little earner for people with an underused apartment or a spare room in their house. Unfortunately, more and more these days neighbours are bearing the brunt of this.
Stories now abound online of all night parties, fights, constant loud noises, garbage and mess thrown over fences or left in hallways, and a few Airbnb users even urinating in the foyers and common areas of apartment blocks. Good heavens!
Airbnb country manager Sam McDonagh said hosts are encouraged to “think carefully” about their responsibilities. Mr McDonagh stated that: “All guests, hosts, and listings must adhere to our carefully designed Community Standards, and before listing their spaces, hosts should think carefully about their responsibilities and ensure they are in compliance with all local rules and regulations”.
Well that sounds very nice Sam but good little earners also shouldn’t be allowed to drive neighbours crazy. Let’s take a look at your legal rights when an Airbnb user turns up and shows no respect.

CHECK TO SEE IF THE AIRBNB FLAT HAS FOLLOWED THE RULES
If you live in a flat and find your “neighbours” have suddenly become an endless stream of overnight tourists, it may pay to take a look at the body corporate rules for your block to see whether short term accommodation is actually allowed in your building. Even if you’re a humble tenant you can still take a peek at the rules.
If it is allowed in the rules, which is often the case, it may be subject to an application by the apartment owner to the body corporate.
However, in 2017, the NSW Civil and Administrative Tribunal ruled that strata owners could not pass bylaws banning short-term rentals on Airbnb. In that case, an Airbnb host’s neighbours complained about guests using the communal washing machine and deck area, and tried to pass a bylaw banning such rentals in the Woollahra apartment block.
Airbnbers in posh Woollahra? How appalling!
So find out what the situation is in your neck of the woods. If the body corp does have rules see if the owner has gone through ‘due process’ to run Airbnb in their premises. If not, report the owner to the Body Corporate. Even though this may not have an immediate result, it will alert all the other owners of the breach and consequently more eyes will be focused on potential bad behaviour by Airbnb guests. Guests hate that sort of stuff and may also leave a bad review about the property …and those dreadful stickybeak neighbours!!

IS YOUR TENANT RUNNING AN AIRBNB?
For owners who believe they have rented their premises to legitimate tenants but find those tenants are actually sub-letting the place for Airbnb profits if you don’t have a clause in the lease saying tenants can’t sub-let you won’t have much of a leg to stand on. Prior to leasing, it’s best to make the clause state that all forms of subletting is not allowed, because simply mentioning Airbnb by name may not be enough for a tenant to not sublet. They may go through a service like Stayz.

The Victorian Civil and Administrative Tribunal (VCAT) recently ruled that a tenant was granting a license rather than a lease to their Airbnb guests. The landlord appealed and the case went before the Supreme Court. The court overturned the decision, stating that the tenants were sub-leasing the property rather than licensing it.   Also if you’re getting peed off by Airbnb guests you should also take a look at your local zoning laws. In many areas, short-term holiday rentals are regulated. Other councils permit holiday rentals, but the owner or occupier must first get planning approval.
So find out whether the Airbnb property has adhered to the zoning regulations.

NOISY AIRBNB GUESTS
The same rules apply to Airbnb guests as also apply to neighbours. Your local council can tip you off on the specific noise restrictions that apply and obviously if it’s getting late in the evening and the noise is out of hand you should call the police.
Naturally, the Eagle has more tips on how to deal with noisy neighbours HERE and especially HERE

It’s also helpful to know that Airbnb also has a complaint process if those pesky part time tourists are driving you nuts. You can file a complaint directly with Airbnb HERE.
Let’s just say that it can be the death knell for an Airbnb host to have their neighbours regularly complaining about them to Airbnb.

WHAT AIRBNB EXPECTS OFF HOSTS AND THEIR NEIGHBOURS
Airbnb claim they take a host’s responsibility to be mindful of their neighbours seriously. They mention the following guidelines on how to be a good host:
Building Rules: Ensure you relay your building’s common area rules to your guest. You may want to even notify your neighbours that you will have guests, and remind guests not to bother your neighbours (e.g., don’t knock on their door or buzz them to let you in).
Smoking: If you don’t allow smoking, we suggest posting signs to remind guests. If you do allow smoking, ensure you have ashtrays available in designated areas. Parking: Ensure you relay parking rules for your building and neighbourhood to your guest.
Noise: Remind guests about keeping noise down. You may want to consider whether you allow babies, pets, or parties. Develop a policy about guests inviting other people over, and ensure your guests are clear about your ‘party policy.’
Pets: If you allow pets, ensure guests are educated about things like local parks and local customs (e.g., cleaning up after your dog). Have a backup plan in case a guest’s pet upsets the neighbours (such as the number of a nearby pet hotel).
Well this all sounds fine and dandy but the word I am getting from neighbours Australia wide is that it doesn’t always go according to Airbnb’s plan. If that is the case, you should contact Airbnb directly HERE so they can deal with the hosts.
Now I’d love to go on but I’ve listed my broom closet on Airbnb and I have 6 backpackers turning up at any moment for a taste of city apartment living.

I recently received an email from Mandy, upset and distressed over the $8,000 she had been slugged with that was not going to be covered by her health insurer to pay for her cancer treatment.
“I’m 59 years old and I’ve been with these mongrels for 30 years blindly paying for what they told me was ‘top’ hospital and extras cover. Now I’ve been forced to go to my super just to pay for all the gaps that this stupid policy doesn’t cover”.
It makes me wonder about whether health insurers understand the expressions “good will” and “a duty of care”. When you’re sick and believe you have the best health cover you just shouldn’t have to face being brushed off by your insurer. You also shouldn’t cop the additional pressure of finding the money to pay for your recovery. 

However, the sad thing is Mandy is far from alone.
A recent national study by the Consumers Health Forum found many patients were forgoing medical treatment because of unexpected costs, with others dipping into their savings and superannuation to cover the ‘surprise’ medical bills. Mandy noted in her email that there were extra costs for the anaesthetist and bills for scans that were not going to be covered because they were post op. “I received one bill for an MRI. I found I wasn’t covered by Medicare and I was told by my private health insurer ‘you should have read the fine print of your policy’.

Many patients are also not aware that private health insurance does not cover medical services that are provided out of hospital and which are covered by Medicare. These services include GP visits and consultations with specialists, in their rooms, and diagnostic imaging and tests. Unfortunately the low medicare rebates generally don’t even come close to covering half of the cost leaving patients strapped.

As Alan Kirkland from Choice recently stated, “It can be completely perplexing and sometimes impossible for patients in need of surgery to work out how much they will be out of pocket”. Kirkland also noted that average prices for procedures such as knee replacements and colonoscopies should be publicly available and easy to access which at present they’re not. Talk about poor disclosure from the funds!

However when it comes to some things, the health funds are not entirely to blame. Present legislation in Australia prevents health funds from covering the gap for outpatient consultations. Until this is addressed by the Government the problem is with the Medicare Benefits Schedule and what doctors charge, rather than the funds.
And don’t some doctors always charge a hell of a lot more than the MBS designated fee.

What can you do if you have a problem with your fund?

Established in 1996, the Private Health Insurance Ombudsman is a nationwide service that assists health fund members to resolve disputes through an independent complaints handling service. Your complaint must be about your health insurance arrangement, meaning its got to be about the policy failing to do something or an area where you feel you were covered but are being told a different story. AMA President Michael Gannon recently commented that patients were not getting value for money and were being left confused by unnecessarily complex policies that often did not provide an acceptable level of cover.
This sort of scenario is where the Ombudsman can help.

Speak to your fund first

The Ombudsman will not, and in some cases cannot, investigate complaints until they have been raised with the agency. Most health funds have internal complaint handling procedures that may be able to sort out the problem to your satisfaction. However it’s often at this point that customers may feel they’re getting the runaround but persist and advise them that you will not be fobbed off, and that the problem will not go away unless it is properly resolved.
Here’s some simple tips when dealing with the your health fund.

Get your communication with the fund in writing

As a lawyer, I can’t state how important it is to get your communication with the fund in writing. Send emails after any initial phone communication detailing what has been discussed and request that they reply and keep you updated about your matter via email, or at worst SMS.
Reliance on phone contact could mean you end up speaking with multiple people all of whom may mean well but information and results always end of getting scrambled. Try and get a case manager or one person to communicate with you on phone but still keep up the written stuff.

What to include in your complaint
Whether you write or telephone, set out your complaint as clearly and briefly as possible. Be specific rather than general. Stick to the main facts, and don’t go into excessive detail. If detail is necessary, it is useful to set it out in a logical order including your name and contact details; relevant dates and times; a description of the incident or decision; details of telephone conversations, meetings and any steps you may have taken to sort out the problem already; and any explanations you think are important. Attach copies of relevant documents to your covering letter, and sign and date it.
It’s important to be organised!

And don’t forget, if you are unable to sort out the matter after making all reasonable efforts to do so, you should then contact the Ombudsman and make a complaint.
They also have a range of tools for consumers, including the consumer website PrivateHealth.gov.au

If you are looking at changing funds I recommend you check out the reviews by verified customers on productreview.com.au 
There’s one fund that surprisingly stands head and shoulders above all the others when it comes to customer service and performance.