Other Services
While traditionally specialising in criminal law, our firm has continued to grow and diversify over many years and now provides legal services in a range of areas including:
- Conveyancing and Property Transfers
- Commercial Leasing
- Wills, Powers of Attorney and Enduring Guardians
- Probate and Estate Administration
- Civil Law and Dispute Resolution
- Immigration Appeals & Cancellations
Property and Conveyancing
Buying and selling property is often the biggest financial transaction that a person (or couple) will ever make. It can also be an area of uncertainty. Buyers will need to juggle loan approvals and interest rates, navigate unfamiliar contract terms, and conduct due diligence, all in what is now a very competitive market. Vendors can also face a range of issues and stresses, many stemming simply from the decision or need to sell a property in the first place. We aim to make the process of buying or selling as easy as possible.
If you are buying, we will explain your rights and responsibilities under the contract, including any cooling-off rights, assist with negotiations and undertake investigations to ensure that you receive clear title to the property on settlement.
If you are selling, we will explain your obligations as a vendor and prepare a compliant contract for sale with relevant disclosure documents.
We are PEXA-certified and conversant with the electronic conveyancing process which visually tracks the progress of each stage of your matter, facilitates the online lodgement of documents and faster access to sales funds.
Commercial Leasing
If your business occupies premises, you may need to enter into a commercial or retail lease. Similarly, if you own commercial or retail premises that you rent to somebody running a business, you will want a carefully drafted lease agreement with clear terms and conditions for the occupation of the premises.
A well-drafted commercial lease can ensure a balance of rights between the parties, help put them on the same page at the beginning of their relationship, and can avoid or minimise leasing disputes down the track.
We can assist with drafting, reviewing, and negotiating the terms of a proposed lease agreement as well as lease renewals, transfers, assignments, and sub-letting.
Preparing a Will
A Will is a legal document recording how you would like your assets dealt with after you die. Your Will should appoint one or more executors who will be responsible for administering your estate, and direct how your assets will be left or divided between your beneficiaries. You may also appoint guardians for minor children and provide directions for funeral arrangements.
When making a Will, you should also consider how you wish to provide for any children from a previous relationship or how your current partner may wish to provide for their children. If there are certain individuals you wish to exclude as beneficiaries, your decision might lead to a dispute over your estate and a lawyer can provide guidance in this area.
Powers of Attorney and Enduring Guardians
A power of attorney is a legal document authorising somebody you trust, such as a family member or close friend, to act on your behalf regarding certain financial and legal matters. This person is known as your attorney. Your attorney can act for you if, for example, you are overseas, have an accident, or simply reach an age when you need greater assistance managing your affairs.
By making an enduring power of attorney, you can appoint somebody to make financial and legal decisions for you if you are incapacitated and can no longer make these decisions yourself.
An appointment of enduring guardian is a legal document that enables you to appoint a person (your guardian) to make certain lifestyle and health decisions on your behalf if you are no longer able to make those decisions yourself due to incapacity. These decisions may relate to healthcare, accommodation, and other personal matters.
Knowing that you have an attorney and/or guardian to act for you when you need it can give you peace of mind, however, making these appointments requires careful consideration. We can explain the different types of instruments and how such appointments work, so you can make an informed decision and have documents prepared that are suited to your needs.
Probate and Estate Administration
After a person dies, someone needs to look after their property and finalise their affairs. This is referred to as ‘administering an estate’ and is typically carried out by the executor/s appointed in the deceased person’s Will or an administrator (appointed by the Court) if a person dies intestate (without a Will).
Before administering an estate, you may need to obtain a grant of probate from the Supreme Court. The grant of probate ‘proves’ the Will of the deceased person and authorises the executor to deal with the estate assets and distribute them according to the Will. If a person dies intestate, a family member will usually need to apply to the Supreme Court for letters of administration before the estate can be distributed and finalised. Any assets of an intestate person’s estate must be distributed according to a set formula prescribed by the laws of the relevant jurisdiction.
Executors and administrators have many responsibilities which typically include:
- making funeral arrangements
- identifying and protecting assets
- applying for a grant of probate or letters of administration
- contacting the deceased’s account providers and government authorities
- claiming funds under superannuation and life policies
- distributing assets, and transferring property to beneficiaries
Losing a loved one is always painful. Our aim is to remove any additional anxiety for those left behind by providing professional advice and guidance in a respectful and empathetic manner.
Civil Law and Dispute Resolution
Disputes often occur without warning and at the worst possible times. They often involve more powerful businesses, such as banks and insurance companies, who do not understand what it means to be facing financial uncertainty. At other times, disputes may involve neighbours or other businesses or a need to recover outstanding money owed to you. It is very important that a cost-effective solution is achieved, and the expertise and knowledge of our legal team will ensure that you are guided through the entire process.
Litigation through the Courts can be costly and time-consuming and ultimately deliver a result that neither party is happy with. Formally trained in Alternative Dispute Resolution, one of our practitioners can often assist both parties in finding a solution to a dispute which is cost-effective and achieves an outcome.
Immigration Appeals & Cancellations
Appeals against immigration decisions form an essential part of Australia’s immigration system, ensuring fairness and justice for those whose visa applications have been refused or cancelled. The appeal process allows applicants to challenge certain decisions made by the Department of Home Affairs and have their cases reviewed by an independent body.
Australia’s migration laws are complex, so getting the right advice from the outset can greatly enhance the potential outcome when dealing with immigration appeals and cancellations. Michael Bellingham has over 20 years of experience in this area and a thorough knowledge of all aspects of migration law. Michael’s expertise can assist in providing an outcome which gives either you or a family member the best possible chance of remaining in Australia, either permanently or for the necessary time required, to study, work temporarily or visit.
Getting Help
The cancellation of a visa is a serious matter. If a visa is cancelled, a person becomes an ‘unlawful non-citizen’, and may be placed into immigration detention or forced to leave Australia and prevented from re-entering for a specified period of time, or indefinitely. The removal from Australia on character grounds can make it extremely difficult for a person to obtain another visa to re-enter the country in the future.
If faced with the possibility of visa cancellation, seeking legal advice and understanding the appeal process is essential to present a strong case for retaining a visa.
For expert legal advice, contact one of our lawyers at [email protected] or call 02 92818111.