From Our Blog
Property settlement lawyers in Sydney are valuable community assets as they liaise between various duties and advocate for their client’s rights and responsibilities within the legal system.
Spanning Balmain to Castle Hill, Bronte to Circular Quay and Liverpool to Queenscliff, these specialist solicitors undertake important duties depending on their classification and association within a firm.
The benefit of having these experienced operators on hand and in the corner of a client extends far beyond the consultation and negotiation phase, allowing for individuals to save big on their financial commitments and retain possession of valuable assets.
Here is how they work their magic for the people of Sydney.
Extensive Services Relating to “Property”
Just like how a custody lawyer works with regards to custody arrangements, it is a preconception that property settlement lawyers in Sydney only deal with homes, rental properties and investments regarding real estate. In fact, these operators span other parameters in the field as they will represent their client’s interests that necessitate anything that can be legally constituted as “property.” This can span money, business interests, superannuation accounts, vehicles, inheritance, pets and any other assets that can fall under this definition.
It should be noted that these solicitors can extend their reach to items or assets that were acquired before or after a separation, increasing their remit beyond a marriage. They also have the ability to include liabilities as part of any agreement, making arrangements over tax, loans and debts.
Work Within Strict Time Parameters
Property settlement lawyers in Sydney only have 12 months to operate for their client following a divorce or 24 months for those that have officially ended a de facto relationship. No spouse can continue with legal proceedings if they violate these time periods, placing added pressure on individuals to make a calculated decision on the action they wish to take. This is where scheduled consultations between representative and client hold so much weight, allowing both parties to outline the process and see if they want to take certain actions within that specific window of time.
Attempt To Always Avoid Court
Property settlement lawyers in Sydney very rarely need to show up for an official court date. This is due to the nature of the proceedings as there is a strong emphasis and expectation that both parties will look to strike an agreement that is satisfactory for each side. Trails cost the state and the clients a significant bill, so a representative will push hard and advocate for a more conciliatory approach.
Whilst avoiding court and a trail is one of the main objectives that property settlement lawyers in Sydney want to reach, it is the official consent order that allows agreements to be made official. This takes place when each spouse makes concessions and agrees to terms on the division of assets that have been fought over, allowing everyone to move forward and beyond the conflict. Yet these consent orders are legally binding and a solicitor will have the expertise to impose these conditions and stipulations on a spouse if they violate those rules.
Benefit of 100% Stamp Duty Relief
There is a major concern for many clients that they won’t only be footed a big bill by their solicitor, but they will have to bare the brunt of added fees when it comes to real estate transactions and transfer fees. Property settlement lawyers in Sydney work under the benefit of 100% stamp duty relief, ensuring that any transfer of real estate won’t incur added fees for the spouse. This is peace of mind for the individual and a ruling that even extends to the deferral of capital gains tax to alleviate the financial stress further.
For some people out there, there will come a time where they are arrested. This will either be because they have committed a crime, because they are an accessory to a crime, or because they are accused of a crime. Whatever the case may be, getting arrested can be quite scary and more often than not, people are unsure of where to turn. The good news is that there is plenty of professional help out there who are well versed in the legal system and are able to do everything in their power to help. One of the best kinds of experts to receive support from during this time is a criminal lawyer Melbourne. It can be vital to seek support from a bail lawyer in Melbourne as jail is not a pleasant place and people can often find themselves in danger while they are in there. For those who have never experienced this kind of environment before, they won’t know how things work inside of a prison and are at risk of harm whether that be physically or mentally. As this is the case, it is not only important to seek legal representation but it is also important to find someone who is great at what they do.
A bail lawyer in Melbourne is able to help their clients understand conditions
There is a common misconception out there that when people are granted bail they can simply leave prison and do whatever they like until their trial. This certainly is not the case which is another reason why it is so important to find a great bail lawyer in Melbourne. They are able to explain the individual conditions that need to be adhered to such as not leaving the home at night time, not associating with certain people, not leaving the state or country, or not driving in that time. Others will need to stay with a family member or friend who will need to act as their guardian in this time. It is absolutely crucial that people don’t break their conditions during this time as there can be severe consequences and it can also impact the outcome of that individual’s trial. The good news is that working with a legal professional means that people will know exactly what is expected of them and they are able to be on their best behaviour.
People are able to mentally rest when the best outcome is achieved by an attorney
When people are released from prison and are able to return home, it is more likely that they are able to fully recover from the traumatic experience that is getting arrested. Furthermore, people are able to rest and properly prepare for their trial which can also be a tedious experience. Living in jail while preparing for a trial can make things quite hard especially as people aren’t surrounded by their friends and family members. As this is the case, it is so important to find a bail lawyer in Melbourne. People are able to eat well, exercise, and practice self-care methods while they are at home that will ensure that they are mentally ready for their trial and the outcomes that may occur. In addition to this, they are able to have the space and time to reflect on what has occurred which is extremely important. As it can be seen, there are many benefits to finding a great bail lawyer in Melbourne which is why it is imperative that people put in the time and effort to do so.
Unfortunately, many marriages end in divorce; the break down of a relationship can be hard enough, without having to worry about the legal aspect of things as well. There are laws that have to be adhered to when it comes to divorce, which are stated in The Family Law Act, however, for us non legal professionals, this doesn’t help much. Due to the process of divorce being so complicated, it is highly recommended that you hire an expert family lawyer in Sydney. But, in such a populated city, there are so many firms and legal practitioners that it can be difficult to know which one to choose. To help you out, here are some top tips for choosing an expert family lawyer Sydney.
The first thing to consider when looking for an expert family lawyer in Sydney is budget. The last thing you want to do is spend all your savings on a legal professional only to win the case and still be left with nothing. On the flip side, choosing the cheapest solicitor isn’t always the best option either. The aim is to find a professional that you can afford, and who will do their best to win the case for you. With this in mind, contact several different firms and arrange a free consultation. Make sure you are upfront about price so you don’t run into any nasty surprises further along the line, you want to make sure you know exactly how much you will be paying and what services that includes before you sign any paperwork.
When hiring an expert family lawyer in Sydney, it’s no secret that you are already under a lot of pressure, so the last thing you want is to be represented by a professional who you don’t trust. Don’t forget that the person you hire will be arguing your case, meaning they will need to know as much information about your situation as possible. This may mean revealing personal details, so make sure you feel comfortable talking to them and trust that they will do everything they can to help you get your desired result. Use your free consultation to talk to the attorney and determine if their personality is right for you and your needs, if in doubt, they are probably not the right legal professional for you.
Often solicitors are dealing with several cases at once, this is normal so don’t let this put you off, however, you do need to feel sure that they are focused and have time for your case too. Remember, you are paying for their service, so make sure that whenever you are speaking to them, you have their undivided attention. Another important thing to establish is if you will be speaking with them directly, or if you will have to go through a paralegal; there is nothing more frustrating than not being able to talk to your attorney directly and instead having to play Chinese whispers with a member of support staff.
Although it Is important to find a legal practitioner that is in your price range and focused on your case, it is also important to choose someone who is experienced. There are many different sections of law, so if you are going through a divorce, make sure you find an expert family lawyer in Sydney and not just a general practitioner. Whilst general practitioners are fine for non- complex cases, they often lack the expertise needed to for more in depth cases. A lack of detailed knowledge from your chosen professional could seriously harm your case.
There are many ways that a real estate conveyancer in Campbelltown can assist your business with its day to day operations. Real estate solicitors are qualified professionals who assist consumers with property transactions, ensuring the effective sale and purchase of different types of real estate and the successful transfer of legal title for a property. Naturally, the guided assistance of a real estate lawyer can assist you with clarifying the contract for sale of property, arrangement of finances in terms of paying the deposit and stamp duty, examining the mortgage agreement, checking if there are outstanding arears or tax obligations, finding any undisclosed information and completing final checks before settlement.
Clarifying the contract
Purchasing property in Sydney’s booming housing market can be an incredibly daunting and stressful process. Whether the purchase is commercial or residential property in the wider Sydney area, a conveyancer in Campbelltown can assist you in clarifying any confusions or misunderstandings you may have regarding the contract of sale. Contracts can be very complicated legal documents, and as a result, the insights from a property solicitor can be highly reassuring and helpful.
A conveyancer in Campbelltown can help with finances
The purchase of property brings with it many different costs, both in the short and long term. These costs include an initial deposit, the payment of stamp (transfer) duty and ongoing mortgage repayments, if external finance has been sought. Like the contract of sale, the payment of finances can be difficult to monitor and maintain for many consumers, particularly those preoccupied with full-time employment and/or families. As a result, a conveyancer in Campbelltown can assist you with financial plans and recommend viable options to ensure your financial security in making such a significant transaction.
Examining the mortgage agreement
With strong house prices in Sydney and wage growth continuing to stagnate, consumer stress and defaulting on mortgage repayments is projected to increase substantially. Indeed, a real estate lawyer from Sydney’s west can help with the preparation of a mortgage agreement with an external provider of finance, thereby assisting you in achieving the most effective repayment options, tailored to your financial needs and circumstances.
Checking for outstanding arears or other obligations
Unfortunately, some contracts and sales omit key details regarding the conditions of sale and purchase of property. As a result, some consumers are left with additional charges and obligations they did not account for in the build up to sale or purchase. The services of a conveyancer in Campbelltown can help you ascertain if any charges will likely be incurred following purchase. This could include differences in water and council rates or unspecified tax obligations on land in certain areas. In this scenario, the services of a real estate lawyer would be highly lucrative in making sure you are not troubled by unwanted charges.
A conveyancer in Campbelltown can find undisclosed information
A genuine fear of many home-buyers or purchasers of commercial property is the non-disclosure of key information that may alter an individual or business’ decision to purchase. This information could be in terms of high traffic congestion on the property’s road, illegal building work or past disputes with neighbours involving the construction of a fence or driveway. Hence, if you are looking for property in Sydney, a conveyancer in Campbelltown can greatly assist in finding hidden information regarding real estate of interest, which could ultimately prove the difference when buying.
Completing final checks
Finally, a conveyancer in Campbelltown can help with any final checks prior to settlement or any last-minute queries or concerns. This will ensure your peace of mind when making a significant and perhaps life-changing experience in purchasing property in Sydney.
As a client is looking through all of the family lawyers in Sydney that are practicing and promoting themselves to the general public, it can be easy to overlook what assets should be prioritised over others.
During a time of distress, high emotion and anxiety where it can be difficult to remain cognisant of the facts, you should carefully think about what characteristics and qualifications from previous case studies will work in your favour.
These professionals are at their best during a divorce or custody battle where the care of the children or the ownership of property or assets becomes paramount for the individual in question.
Whether you are based in Blacktown or Bondi, Manly or Mascot, there are some fundamental features that will separate the decent family lawyers in Sydney from the great ones, so try to find out which you are seeing early.
Naturally there will be a sliding scale when it comes to the finances you can afford as the client, yet solicitors are not always defined by the size of their billing rate. Some aspects are intangible and here is where you can identify a voice for you in a court of law that you can trust.
Personal Understanding and Empathy
Do not expect all family lawyers in Sydney to show any degree of empathy or human emotion of any kind. At the end of the day this is a job for them as they are tasked with solving similar cases on a weekly basis. However, for you as the client, experiencing a divorce or child custody fight is not just part and parcel of the job and there has to be a reliable sounding board offered where a degree of empathy and understanding is showcased. The solicitor does not have to be emotional (this is a disadvantage), but they should illustrate a portion of compassion for your circumstances.
The best family lawyers in Sydney will continue to be diligent with their communication to ensure their client is kept up to speed on every development that comes by their desk. From emails to phone calls, in-person consultations and text messages, solicitors who score well with their community are those that are transparent and practice quality communication skills. It is also not only the amount of communication but the manner of it as well, with the tone remaining positive, enthusiastic and forthright at all times.
Your legal representative must ensure that every document, piece of paperwork and application has been filed correctly. Not only are family lawyers in Sydney tasked with ticking every box required by their client, but they should also be skilled in monitoring the diligence of the opposition as well regarding the other spouse. It can be one minor detail that separates a won case from a lost one and here is where an eye for detail really counts.
Advocating Conciliatory Approach
Heading to court for a hearing or a trial is an incredibly costly exercise and even if the client wins, the final bill could send the party bankrupt as a result. Any one of the family lawyers in Sydney that have any degree of care for their client will advocate for a conciliatory approach that attempts to avoid court at all costs. Not only will the emotional toll be high if the conflict reaches that point, but financially there could be no return. Monitor how any of the family lawyers in Sydney promote themselves in this regard as you scour the names and brands from various firms.
So there we have a list of assets that defines the best family lawyers in Sydney going around. Speak with friends, family members, colleagues and other parties who will have experienced different operators in the city before and gauge which firm can provide the family lawyers in Sydney that can win a case on your behalf.
For some Australians out there, there can come a time when they are facing some kind of charge for committing an illegal act. This act could be in the form of stealing, drink-driving, fraud, or something else entirely. For those who find themselves or someone close to them in this situation, it can make life extremely hard to live and people can find themselves becoming very stressed out. Not knowing what the outcome is going to be is often what will keep people up at night and so it is important for people to be as prepared as they possibly can. The best way that people can achieve this is by seeking support and advice from Sydney criminal lawyers.
Sydney criminal lawyers are expert attorneys in their field and will have years of experience when it comes to helping those who are facing charges. The best part about seeking help is the fact that clients can work with criminal lawyers and help prepare themselves the best that they can. This can involve things like learning what to expect in the courtroom as well as learning about what to wear and what types of questions may be asked. On top of all of this, Sydney criminal lawyers can help their clients prepare for the worst case scenario.
Why is it important to plan for the worst outcome?
For many people that find themselves in these kinds of situations, they will feel empowered when they understand what the worst case scenario may be. The reason for this is because they are able to plan their lives around this and then if it doesn’t happen, they will be pleasantly surprised.
It is not uncommon for people to have unrealistic expectations when they are facing a charge and will find themselves in a state of shock when they do receive their penalty. Such penalties could be jail time, community service hours, a fine, loss of licence, or something else.
Sydney criminal lawyers are able to help their clients understand how much jail time they could be facing, how much the fines could be, and how long they may lose their licence for. Having said this, Sydney criminal lawyers will fight as much as they can to achieve the best case scenario but it is always best that clients are aware of the outcomes that may occur.
What to do when the ideal outcome can’t be achieved
There can be some circumstances when everyone involved is fighting for the best outcome, however, isn’t able to achieve this. Ultimately things are up to a judge or jury and so things can sometimes go in the wrong direction.
The good news is that there are still things that can be done. Sydney criminal lawyers can help apply for an appeal or can point their clients in the right direction of support groups or counsellors. Whatever happens, there is always light to be found in the situation and working with an attorney can help people find that silver lining.
It is important that people feel their emotions and yet don’t get bogged down by them. While there are always consequences to doing something wrong or illegal, there is no reason to be slapped with unnecessarily harsh punishments.
Because of this, the best thing to do is always work with an expert to aim for a good outcome, to be aware and prepared of what could happen, and to put up a fight if everyone involved believes that an unfair result has occurred. Sydney criminal lawyers are the best people to help with all of this.
Each and every business that is in operation in Australia must adhere to health and safety laws. Under all conditions, they have to ensure that their customers, employees, visitors, contractors and volunteers are covered. This WHS requirement is a legal obligation that carries various terms and conditions.
Rather than view this as a negative or a burden to carry, Workplace health and safety (WHS) can be viewed as a positive asset. Previously known as Occupational Health and Safety (OH&S), providing a safe work space for all occupants happens to offer a number of knock-on benefits that might not be readily acknowledged by business owners or executives.
Here we will outline the advantages of ticking these important WHS boxes as you cover your business for any liability on this front.
Executives Can Operate Without Stress or Concern
With business revenue, marketing projects, conferences, buyouts, acquisitions, rents and storage all concerns floating around the minds of executives, the last aspect that needs to weigh down an owner is workplace health and safety. This should be a given if the company has undertaken the right processes as well as their due diligence when it comes to the right type of training for their employees.
Satisfying your legal obligations in the eyes of Federal law allows these owners to concentrate on more prevalent matters, something that helps the collective as well as those working on site.
Cuts Down Instances of Injury and Illness
By ensuring that vehicles are driven and parked in the right locations with dangerous debris moved and fire exits clearly marked, you eliminate instances of risk. This goes for cleaning kitchens and working equipment that can be an environment for developing bacteria, something that will have a direct correlation with illness.
Boost To Productivity
From the materials that are used on a daily basis to the machinery and equipment that is located on site, workers can feel confident and liberated when they are operating for a brand that takes WHS seriously. Studies have proven that productivity levels are boosted when they are not concerned about these matters on a micro level.
Helps Staff Retention Numbers
Examining WHS from a more macro level when it comes to employee recruitment and retention, a diligent and transparent company who undertakes their workplace health and safety as a priority will see higher satisfaction levels among the staff. When it therefore comes to the desire to keep those assets on the books, there is more reason to sign updated contracts and remain part of the business.
Australian Consumer Law is not just a phrase that is without consequences for businesses and brands that hope to profit off products and services that are under par. The customer has rights that are protected under these consumer protection laws that have been drafted for a series of important purposes.
The Australian Competition and Consumer Commission or ACCC for short is a body that was devised to act on these consumer protection laws and to keep business in check. From warranties to customer contracts and refund concerns, there are stringent responsibilities that are placed on companies who attempt to con or shortchange individuals that invest in their product/service in good faith.
So why is this body necessary and what does it matter to have consumer protection laws in place? Here we will argue why this authority is required to step in and enforce the law when organisations fail with their basic responsibilities to the community at large.
To Cut Down on Illegal and Immoral Practices
This oversight has been necessary after a series of cases came before the federal government regarding violations to fair trading practices. From dubious outsourcing of manufacturing and development to false marketing claims and poor treatment of staff, there are times when the ACCC has to be notified and investigate on potential illegal and/or immoral practices that are putting the consumer at risk. Companies that fall foul of these regulations could face fines or expulsion as an operating entity with those decision makers incurring their own penalties due to this negligence.
To Protect Sensitive Details
Companies that are flagrant with the personal details and information of customers should be punished accordingly. From bank account details and full names, date of birth, address and contact information, this is the type of data that hackers and online criminals utilise for their own nefarious purposes. Whether it is a conscious violation to sell this data on or just a failure to protect it, consumers have a right to ensure that their sensitive personal information is not exposed to parties that did not require their own consent.
To Fight For Quality Control
The reality is that businesses who work in accordance with the ACCC and fall in line with consumer protection laws are operating in a clean, efficient and morally sound manner. That is a standard that helps foster healthy competition among commerce entities and therefore helps the consumer by accessing brands that are not running foul of basic fundamentals. It is a win-win scenario for all involved.
No matter what case your issue is in, whether that is for family law, property law, financial law or any field that needs to be handled by legal professionals, a client has a right to engage a solicitor and cross-examine them for their credentials during the first consultation.
That first consultation can be a means for a lawyer to entice more clients, but it should not be viewed as a luxury or a favour on the part of the professional to the individual. This is a key moment where a client can grill the lawyer for vital details that will inform them about their potential relationship moving forward.
In order not to waste their opportunity discussing trivial matters that are not prevalent to the case, it is worthwhile identifying some critical points to ask when sitting down with the lawyer.
Not all of these questions could receive adequate answers but if that is the case, it is worth knowing early on in the piece before investing a great deal of trust in their services.
“What Is Your Assessment Of My Situation?”
This is a great initial question to ask in the first consultation. Having handed over the details of your unique situation, you should score an initial gauge as to their understanding of the facts. Whether the reception is a positive or negative one from the view of the lawyer, this will be a good indication as to how you should proceed.
“What Options Are On The Table?”
From settling a case early to suing or proceeding with alternative measures, there should be a number of pathways that you can opt for as a client. Defendants or prosecutors will carry different degrees of expertise, but they should be well placed to issue the options and offer their recommendation based on likely outcomes.
“How Experienced Are You in Similar Cases?”
This is a vital point to know. It is one thing having experience in certain cases but if there are unique qualities that make your case different to others that would have been practiced before, then there should be grounds to proceed with confidence. If that cannot be met, then perhaps an alternative solution needs to be found. This question should also pertain to their winning track record.
“How Much Do You Charge?”
The final question is quite obvious. You need to understand what are their billing processes like and how much you are likely to invest if you continue with legal action beyond the first consultation.
In the age of the smartphone, there is an expectation that every adult and a large portion of young consumers have a phone contract. By 2018, there is a litany of services and products on offer to the modern day customer – all good news right?
Well given the track record of some providers with continual efforts to source 4G networks, NBN access and mobile devices from domestic and overseas brands that fail to provide the necessary lifespan of older models, consumers have a right to know what they are entitled to.
Given the thousands of dollars they are investing by signing a multi-year phone contract that limits their ability to shop freely to only operate under one provider, mobile users should be wary of legal complications, issues and rights that revolve around this issue.
Here we will outline some of the key points that will arise for mobile consumers as they attempt to find a phone contract and a brand that suits their circumstances.
Consumers 17 and Under
There are complexities and complications with legal contracts for those parties that are under the age of 18 in Australia. Some of these conditions are dependent on the individual opting in to buy only through necessary means (e.g. communication with parents and emergency contacts) and that they are still old enough to understand the consequences for signing a contract of this type. A case might have to be made to legally cancel a phone contract that does not involve an early termination fee, as most telco providers understand that school children are potentially future customers of theirs in the years to come.
Beyond the condition of the phone is the phone’s capacity to pick up internet and reception coverage between networks. Those telco’s who issue devices that cannot receive reception or internet access are not in a position to enforce termination fees on a consumer should they look elsewhere for a superior product.
Whether it is through a verbal means or ideally written out as part of a plan or contracted deal, a telco that has made false claims about their service are legally obligated to cancel your phone contract without incurring any cost. There have been occasions when a brand has marketed themselves as a perfect mobile provider with access across all regions under all conditions, and this has landed them in legal trouble when it comes to enforcing a termination fee.