Solicitors and Conveyancers in Blue Haven

Family Law Solutions Blue Haven

When parties separate it can be a very stressful time for everyone involved. It’s very important that parties remain child focused, as the child is the primary focus for the Courts. The Courts main concern is what is in a child’s best interest.

After parents have separated, they need to make decisions about the future needs of their children. Decisions need to be made as to who a child shall live with and what time the child is to spend with the other parent and whether a shared care arrangement is more suitable. Whatever the decisions may be, a regime needs to be put in place, that takes into account what is in your child’s best interest.

Parents also need to decide how they are to divide their matrimonial property after separation. Deciding these issues can be a very stressful and emotional time and it can be most challenging for all parties involved.

Prior to filing an application with the Court, you are required to comply with the Court’s pre-application procedures and attend mediation to try and reach a resolution. There are many benefits to mediation, as you can speak freely and confidentially to the other party regarding your feelings and concerns, it is an informal process and it allows parents to come to an agreement that is best suitable for all concerned. You know your children best and you also know what situation would best you. Mediation eliminates the involvement of the Courts, it reduces stress and legal costs for all involved. Mediation is not required if there has been any abuse or violence, or if your matter is urgent.

Conveyancing Blue Haven

We offer competitive and affordable fixed priced conveyancing. Mobile service, after hour and weekend appointments are available. 

If you are purchasing a home, unit, land or even an investment property contact us today. It is a great misconception that a conveyancer is cheaper than a solicitor. This is not always the case. We offer competitive fixed prices for your conveyancing. You can be assured that if any legal issues arises, these issues can be dealt with on your behalf. When you buy or sell a property, you will need to sign a Contract for Sale of Land. The legal work involved in preparing and advising on Contracts for sale, dealing with your mortgagee in relation to your loan approval and your discharge of mortgage and settling your matter, is called conveyancing. 

Probate and Estates Blue Haven

Mobile service, after hour and weekend appointments are available.

Probate is a document from the Supreme Court authenticating the Will. It is an important document as it enables your Executor to administer your Will in accordance with your wishes.

Probate is not always a requirement, however banking institutions, insurance companies and superannuation funds usually do require a copy of a Grant of Probate, this enables them to transfer the assets to the Beneficiaries and to release funds held in the deceased accounts. Institutions will sometimes release modest amounts of money without the need for Probate being obtained or to pay for funeral expenses, this is usually when an invoice is provided to them. Real estate held solely in the name of the deceased person, will always require a Grant of Probate in order to be deal with, as it is a requirement of the Department of Land and Property Information. The property can be transferred into the name of the Executor pending the sale of the property or if the Beneficiaries intend to retain the property, it can be transferred into the Beneficiaries names.

Wills, Powers of Attorney & Guardianships Blue Haven

Mobile service, after hour and weekend appointments are available.

It is very important that you have a Will drafted to ensure that your estate is distributed in accordance with your wishes. We can draft your Will to ensure that it is valid and acceptable to the Supreme Court, to ensure that Probate is granted without any problems. We can ensure that your Will is properly prepared, signed and witnessed and that your wishes and any specific bequests are properly expressed. We can advise you regarding adequate provision and the best way to arrange your affairs. We offer to keep your Will in a safe place on your behalf, this service is a free service which we offer to our valued clients, to give them peace of mind.

A Power of Attorney is a legal document that appoints an Attorney to act on your behalf, when you are unable to do so yourself. It is very important that you plan ahead and that you have this document in place, whilst you maintain your mental capacity, this will ensure that your financial affairs are taken care of. Your financial affairs consist of dealing with your bank accounts, transferring and withdrawing money from your bank accounts, paying your utility bills, such as your electricity and telephone accounts and any other bills that may arise, dealing with your shares and debentures and superannuation fund and buying and selling property on your behalf. Your Attorney may need to sell your property on your behalf, this may be the case if you are in need of additional medical assistance or if you need to be transferred to a nursing home. 

An Enduring Guardianship is a legal document, appointing a Guardian to make lifestyle decisions on your behalf, these decision involve where you are going to live and what health care services and medical and dental treatments that you are going to receive. As it is an Enduring Guardianship, it will continue to be effective if you were to lose mental capacity.

Traffic Offences & Licensing Appeals Blue Haven

Mobile service, after hour and weekend appointments are available.

If you are disqualified from driving by a Court, you may find that your license is automatically suspended for a period of time. If this occurs, you are prohibited from driving during your disqualification period. The penalties for driving whilst your license has been disqualified or cancelled are significant and can even include a custodial sentence. Significant penalties also apply when you drive unlicensed.

Apprehended Violence Orders Blue Haven

Mobile service, after hour and weekend appointments are available.

An ADVO is made when it involves people that are in a domestic relationship, who are living together or who have previously lived together, it also includes any persons who are related. An APVO is made when people are not involved in a domestic relationship, for example when people are neighbours, friends or work colleagues. When you apply for an Order, you are regarded as the Protected Person and the person who has an Order made against them, is called the Defendant.

If you have been served with your Application and fail to attend Court, the Magistrate can make an Order in your absence. If you have not been served with an Application, an Interim Order can be put in place and the matter will usually be adjourned to another Court Date to be dealt with.

Criminal Law Blue Haven

Mobile service, after hour and weekend appointments are available.

A police officer can arrest you if, for example:

• they suspect on reasonable grounds that you have committed an offence
• a warrant (written authority) for your arrest has been issued by a court, or
• you have committed or are about to commit an offence.

A police officer may use as much force as necessary to arrest you. Unreasonable force however is assault. After an arrest, a police officer may handcuff you if you attempt to escape or the officer considers it necessary to prevent you from escaping.

It is an offence to resist arrest, even if, you believe that you are completely innocent of committing any offence. If you resist an arrest, you are committing an offence and you may be charged, even if the police do not charge you with any other offences.

Business Law & Leasing Blue Haven

Mobile service, after hour and weekend appointments are available.

Contact us for legal advice, we can check the Lease thoroughly to make sure you fully understand what it all means, what you are committing yourself to and that the Lease is reasonable. Lease agreements can have a variety of terms and conditions and they can be very complex. If you’re unhappy with anything in the Lease, we can make sure that any changes are written into the Lease before you sign it or before you take possession of the shop. Once you’re committed to it, the Lease will be very difficult to cancel. The Lease sets out what sort of business you can run in the premises, which is called “permitted use”. Once approved, you can’t run any other type of business without the landlord and Council’s consent. You will need to pay for the registration of the Lease and the landlord must pay for the Lease preparation costs.

It is very important that you understand the Lease and its terms and that you ensure that all agreements reached between yourself and the Landlord are contained in the Lease, as you are bound by the Lease, once it has been entered into.

Civil Litigation Blue Haven

Mobile service, after hour and weekend appointments are available.

Civil litigation encompasses a broad range of disputes, these include the following:-

• Debt recovery and unpaid fines,
• Tenancy issues,
  
• Centrelink fraud
• Landlord/Tenant 
• Products Liability
• Personal injury
• Intellectual Property
• Construction and contract
• Real Estate and conveyancing
• breach of contracts
• litigation over guarantees, charges, mortgages
• challenging a Will