Property Law
Property law is an integral part of our firm’s day to day practise. It encompasses everything from a simple residential conveyance to the development of high rise apartments. We appreciate that the acquisition of a home by a family may be the most important financial decision that a family can make. We try to ensure that we have the highest level of service with the greatest care in order to ensure that the very best outcome is achieved. Similarly, in the commercial world of property, we have expertise in not only commercial conveyancing, but the establishment of bodies corporate, leasing and the creation of easements. Business and Commercial Law
This involves all aspects of a business such as incorporation, formation of Trusts, preparation of Shareholder’s Agreements, Partnership Deeds or other documentation designed to govern the management of the business. It also involves the buying and selling of businesses, litigation arising out of business disputes and where appropriate, the ultimate winding up of businesses.
Family & Relationships Law
Family and Relationship law is also known as Family Law. It deals with the legal aspects of a person’s relationships with a partner, a spouse, a child or a parent. Naturally, when these relationships are threatened or broken, emotions run very high and our lives are changed forever. Our Family Lawyers are able to offer outstanding expertise and skill evenly tempered with empathy, with a focus on the resolution of these sensitive relationship disputes.
Recent changes to the law, very sensibly impose on disputing parties an obligation to first explore opportunities of resolving matters through negotiation, by consent. This is certainly our preferred way of resolving relationship disputes, with minimal strain on you, both emotional and financial. Our lawyers help you achieve a negotiated outcome which has the advantage that you retain control over the final outcome rather than entrusting it to a third party whose decision may or may not be palatable to you.
When you reach agreement, we help you write it up either as a Consent Order or a Binding Financial Agreement for married couples; or a Recognized Separation Agreement in the case of De Facto couples; a Child Support Agreement, or whichever document that best applies to your circumstances. We ensure that your interests are taken care of by correctly and properly documenting your hard earned settlement.
In a very small percentage of matters where a settlement cannot be achieved, we will represent you in Court and guide you through the different stages of the Court process and safeguard your interests.
Preparation of a Will & Power of Attorney
Everyone should have a Will. The completion of a Will is one of the most important things you need to do in life, so as to assist in the timely distribution of your Estate, in accordance with your wishes and to ensure minimal difficulties for your family. The absence of a Will may mean that your Estate will be distributed in a fashion that does not meet your wishes.
Just as everyone should have a Will, so too should everyone have an Enduring Power of Attorney. With such a document, in the event of an illness or accident, you will have the person of your choice managing your affairs. The absence of such a document could mean that your affairs cannot be managed by a person of your choice, and could result in a complete stranger doing so.
Challenging Wills & Estates One of the biggest areas of growth in recent times has been the challenging of Wills and the application for provision from an estate where a family member or other significant person believes that they have not been properly provided for in the Will of another person (usually a family member). We are able to assist anyone with a claim in that regard, or the defence of a claim where you are the Executor of an estate. Administration of Deceased Estates At a time when you most need support, we can not only provide you with empathy and caring guidance but we can also ease your emotional transition by dealing with the practical side of your loved one’s affairs for you. Our Estates Department has built a strong reputation on service and attention to detail so that you can rest assured in the knowledge your loved one’s affairs are being well managed. Debt Recovery
As with most Litigation, most Debt Recovery matters settle by negotiation. They can, however, proceed through the entire Court process to a hearing, judgment and enforcement.
Criminal Law
Criminal law can involve any aspect in a range of criminal proceedings from pleas of guilty in minor matters such as driving offences, through to more serious charges. We have experience in trials in every criminal jurisdiction in Queensland and also experience in the administrative area of parole appeals.
It is important that anyone facing the possibility of a criminal charge or investigation seeks help as soon as possible. This could mean having a Solicitor attend at a scene or a Police interview. The saying “Don’t say anything until you’ve spoken to your lawyer” is not a bad rule of thumb if you are the subject of an investigation.
Construction Law The construction industry, whether it be domestic, residential, commercial, retail or industrial building work, or infrastructure projects, generates both front end and back end work. The front end work consists of the provision of advice and the drafting of agreements such as construction contracts, consultancy agreements, supply agreements and subcontracts. The back end work involves dispute resolution, and that work generally takes the form of litigation, arbitration or mediation. Although the disputes that eventuate have many different sources, the most common disputes relate to the scope of works, variations, extensions of time, delay costs, payment, security for payment, latent conditions and termination
Administrative Law
Administrative Law is essentially the law associated with having decisions of Government Departments reviewed by an independent body.
Commercial Litigation
Whenever a dispute arises between two or more people over any type of commercial transaction, there are at least two sides to the argument. In most instances the parties can sort it out amongst themselves by reaching agreement. If they can’t reach a resolution themselves the Court system provides a mechanism by which an independent person can listen to all sides and make a decision as to who is right and who is wrong. Taking those matters to the Courts is the process of Commercial Litigation.
Goods and Services Tax Law The Goods and Services Tax is a tax that effects everybody on a daily basis. The tax is payable on a supply. Supplies are not confined to sales as that term is generally understood. For example, the tax is payable on some leases. Entities that are carrying on an enterprise can claim an input tax credit on acquisitions, and effectively claim back tax that has been paid on creditable acquisitions. There are a number of different tax treatments of supplies and acquisitions specified in the legislation, including taxable supplies, the margin scheme, gst-free supplies and input-taxed supplies. Entities carrying on an enterprise are obliged to lodge Business Activity Statements with the Australian Taxation Office at regular intervals. This area of law is particularly relevant to property development, and needs to be considered by developers at the stage at which land is being acquired for development purposes.
General Practice
The general practice of law is something which distinguishes our firm from many of the CBD law firms who concentrate on a niche area. Few of our clients are large corporations. Most of our clients are families, retirees and small business owners. In the course of life we all come across one-off events in relation to which we require assistance. Our firm attempts to meet those needs of our clients. In the event that a client needs assistance in a niche or specialty area in which we do not practice, we are able to refer those clients to experts in those particular fields. In those circumstances we remain involved so that we can track the progress of our client’s claim.
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