Maggi Barnard

A large number of Fitzgerald descendants will converge on Burcher and Forbes on 14th September to celebrate the proud pioneering heritage of their family.

Edward aka Thomas Fitzgerald came from Dublin to Sydney on the Tyne as a 15-year old convict in 1819 and was buried in the Forbes cemetery in 1878. Thomas’s surviving children with wife Mary Gorman were Ann, Margaret, Richard and Mark.

“Mark Fitzgerald was my great-grandfather,” said Beth Thomas of Parkes who is looking forward to the reunion. “He was a pioneer of note in the Forbes District, building the first timber bridge over the Lachlan River on the Newell Highway and later opening the hotel at Moonbi in the roaring days when two Cobb and Co coaches travelled daily from Condobolin to Forbes via Moonbi.”

“He was a thorough bushman,” said Beth’s sister, Susan Harvey of Gosford, “After following the gold diggings of Bathurst, Grenfell and Forbes he selected his property, Uplands, of Wamboyne.”

Mark married Annabella Thorpe, who was the first schoolteacher of a school in Parkes. They had 16 children, three of whom drowned one tragic day in the care of their nursemaid, whilst their mother was confined in late pregnancy with a son, who died a year after.

The immediate descendants of Mark and Annabella were Harrisons of Condobolin, Rileys of Goolagong, Andersons of Clear Ridge, Joneses of Girral, and Fitzgeralds of Wamboyne and Sydney.

Offer and acceptance is the critical factor when considering what is a valid contract. If person A offers to do something and person B unconditionally accepts that offer and communicates the acceptance to A, then there is a concluded agreement. However, if A makes an offer and B responds with a counter-offer, there is no agreement and neither party is bound.

Every day we enter such simple contracts at the supermarket or newsagency or on the internet. Most contracts are not written but are verbal. There are some contracts which, by law, must be in writing (such as an agreement for the sale of land), but agreements can, in certain circumstances, be oral as well as written. An additional facet is what is called “part performance,” which is where one party performs or partly performs an agreement, and the other party accepts those actions. In this case there is a contract. Some essential ingredients of a contract are:

• a concluded agreement between the parties
• an intention that the agreement be legally binding
• some benefit must be given by one party to the other (this is called consideration)
• the consent of the parties must be genuine, that is not mistaken nor under duress
• the parties must be legally capable of entering into the agreement
• the purpose of the contract must be legal.

Generally, anyone over 18 has legal capacity to enter into a contract, but there are limitations regarding people with intellectual disability or mental illness. Credit contracts and agreements regarding land must, by law, be written. Otherwise, valid verbal agreements will be enforced by the Courts.

Contact us at Matthews Williams on this or any other legal matter.

Everyone in Parkes can have their say through an online survey or submitted by mail or email on maternity services for our town. The Western NSW Local Health District (WNSWLHD) is currently looking at options for the delivery of maternity services at the Lachlan Health Service.

Expressions of interest were called for in local newspapers and social media, inviting parents who have recently used, or expect to use, maternity services in Parkes and Forbes to participate in focus groups.

The broader community can have their say in the online survey.

According to WNSWLHD Parkes and Forbes combined currently have less than 250 births occurring each year. “In spite of repeated attempts to recruit doctors with training in obstetrics and anaesthetics – both of which are required to offer a full medical maternity service – vacancies have led to births currently only being available at Forbes hospital,” said Kate Fotheringham, Media Manager Western NSW Local Health District.

While these recruitment issues persist, the WNSWLHD is encouraging the community to consider other models which could continue to see births occurring at both facilities, potentially with one hospital accepting low-risk births that could be performed under the supervision of a trained midwife.

Several options are outlined in the community consultation survey, with the community invited to consider the current circumstances and have their say on these models of service.

The WNSWLHD Board is due to consider plans for Lachlan maternity services, including the feedback provided by the community and consumers, before the end of 2019.

Links to the online survey, and to a printable version can be found at www.wnswlhd.health.nsw.gov.au Consultation will close at 5pm on Friday, 23rd August.

Patrons of Wholesome Blend in Parkes have found nourishment of a different kind since the introduction of a book exchange at the coffee shop about 12 months ago.

Owner Cathy Littlewood said she initially bought a small book shelf and within two days it was overflowing. “We asked for book donations on our Facebook page, and the reaction was overwhelming.”

The idea is that people can either swap books or take a book for a gold coin donation for the local branch of Can Assist. “We have a tin on our counter, and have had to get a bigger one too for all the donations.”

The bigger shelf, donated by Can Assist, has a good variety of books including all genres of fiction, as well as non-fiction and children’s books. “People enjoy picking a book and sitting down to read it, or they choose a book while waiting for their coffee and often walk out with one under their arm,” said Cathy.

“We have clients who come in regularly to swap books, while it is also very popular among travellers. It is great to offer this service as times are hard and books are expensive, and it is all going for a wonderful  cause.”

Next time you are cleaning out your book shelves, remember the Wholesome Blend – it’s also a great spot to have a coffee alone as books are great company!