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What happens when a Will is incorrectly described?

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Nofz as executor of the estate of Henry Matthew Fitzgerald (deceased) v Kane & Ors [2015] QSC 372 (30 November 2015)

Keywords: beneficiaries incorrectly described or non-existent- intention The following case shows how a court interprets a Will that has been wrongly described.  

Property settlement – court adjusts in favour of wife inspite of husband’s initial contributions

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Telfer [2016] FCWA 2 (4 January 2016)

Keywords: Property – initial contributions – adjustments under s 75(2) – post separation contributions - court makes adjustment in favour of wife  

Typical Mistakes Small Businesses in Australia are Likely Making

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10.08.15

Starting a new company is a challenge that is huge, but keeping its a larger one.

Just 50% of small enterprises in Australia survive five years and those who find themselves unable to bear the adversity of running a small business frequently stop because of a problem that is straightforward: Issues within their Internet Business Enrollment. Albert Einstein once stated, "If I received one hour to conserve the world, I 'd spend 59 minutes explaining the issue and one minute solving it." By giving options, Benchmark Lawyers can conserve you 59 minutes by identifying the most common occurring issues for you and may even save that one additional moment!

Here are some example interesting example that you you could make:

You're unsure about Work Safety and Health Compliance laws, and thus you decided to disregard them. This apparently little issue can lead one to issues that are giant like enormous fines as well as a prison sentence. You've got forgotten to revive the premises are leased on by you. The landlord can well give you notice to vacate the premises. The solution, set for everything on your smartphone. You might be spending to providers with no lapsed or ABN ABNs, leading to indebtedness for the company to spend PAYG tax for the kids. You claim a credit with no valid tax bill. By lodging a business activity declaration with no valid tax invoice, you can be got in trouble. So, never forget to get a duplicate bill from your provider. You erroneously assert on Goods and Services Tax-free purchases. Two cases or one may be blown off by the authorities on the report of error. Nevertheless, something beyond that often leads to substantial sums curiosity, and fines as well as in the most serious instances, being for potential audits on a blacklist. Pieces containing Goods and Services Tax are not wrong claimed on by you. This can also guide you to the financial problem of the scenario mentioned above. You mistakenly claim GST credits on wages payments or superb payments. You may not pay superannuation and PAYG for the company. Where will this lead you? Private liability of the company for the managers. Your company has been insured by you badly. In the event of a crisis like flooding or fire, as in producing it, you'd need certainly to pay pocketful of cash you may have to manage unnecessary adversity. The ONE Easy Solution For Every One Of Them Getting the appropriate tax advice and legal to run your company may not be easy, particularly when you're just beginning in the world.  Benchmark Lawyers can give you simple and straight guidance to help you run your business without worrying of any legal aspect.

What commercial law covers? And how will it help you?

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04.07.15

Commercial law is a broad definition and It covers all areas of law associated with the buying or selling of property which comprises:  

  • farms,
  • vacant land,
  • subdivisional land,
  • houses,
  • commercial properties, and
  • industrial properties.
  It contains endeavor resolutions for commercial properties, houses, farms, and urban property.   The expression also contains help in resolution, and the sale or purchase, of company contracts. There are lots of possible pitfalls for people who enter into contracts with no advantage of guidance.The resolution and contract procedures are far less nerve-racking if managed economically and with a contract that is sensible.   In many instances (except complicated cases) resolutions for both property and company contracts are charged at resolution brokers' rates, so there's no reason not to get an attorney on your side, right from the start.   Recent developments to the law including the debut of the Personal Property Securities Act have significantly altered how the law deals with personal property, meaning virtually all assets (including intangible assets like intellectual property rights). These changes present possible difficulties unless you're conscious of the demands of the law, and apply to a lot of different kinds of commercial transactions.   An essential measure in every new company endeavour will be to discover whichever is the greatest business structure for your functions. A good lawyer can counsel you on direction and the establishment of all types of company structures including:   Ventures, Businesses, And, unit trusts Joint ventures.   He should also counsel you on the responsibilities consequences of your trade or proposed trade, including other obligations under the Duties Act and transport responsibility. The Duties Act replaced the Stamp Act for trades occurring after 30th.   The saying commercial law contains the arrangements to let you enter or leave a company construction. You may even have to organize your affairs to cover those times if you want to sell or retire from your business construction, or shield yourself from unforeseen declines. I can help you with the establishment of significant contracts by the utilization of shareholders' agreements or unitholders' arrangements, for example between business associates and shareholders or unit holders.   The so call, commercial law also covers the important place of interpretation, contract preparation, and guidance. Whether you are selling or buying, developing, construction, franchising, or some of the a number of other tasks where legal documentation is necessary, you surely owe it to yourself to make certain you thoroughly comprehend the fine print, as well as the files. The law coping with retail store leases is becoming more and more complicated and in the event you are purchasing retail premises, or have retail facilities, or purchasing a company that rents retail premises, you need to get qualified and comprehensive guidance on the law concerning retail store leases. The laws will override any lease arrangement if there's a disagreement between the lease as well as the legal demands, and whether you're a landlord, lender or renter, you must know what your rights are.   Despite the best of attempts, occasionally disputes arise between tenant and landlord, especially in retail tenancies, and a good commercial lawyer is able to help you in resolving such disputes throughout the State Administrative Tribunal.   A commercial lawyers also give you guidance on, and file preparation for, strata titles (subdividing, creating, or dispute resolution in strata schemes). Additionally, it covers making the development of suitable subdivision controls and covenants for the improvement and protection of subdivision estates as well as subdivision programs.   Now, commercial law additionally has estate planning as a significant part of its definition. Especially it covers such matters as: living wills (named advance health directives) which permit you to nominate the medical, dental or lifestyle treatment you might or might not need in case which you are not able in the time to express your view, And, asset protection Using testamentary trusts. The word "commercial law" covers virtually everything that concerns many regions of your house, farm, investment or company, all land developments, and contracts of all kinds. It is vital that you simply get guidance as early as possible before you sign a contract or make a commitment. You may handle substantial prices that could readily be prevented with proper guidance, in case you get it wrong.

Mandarin Speaking counseling

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Migrants from China compose the third largest foreign-born people in the nation and lots of them needs legal counsel as well. When Chinese migrants do not talk the language fluently and want Attorneys in  Sydney, Benchmark Lawyers is the place for them. Mandaring Speakin Their rights must be protected by one during a divorce, yet this might be difficult to do when one does not have a high grip on the language. Having a Divorce Attorney who talks the client's native language becomes of great significance in this case. People wedding across ethnic borders have a tendency to divorce more frequently than people who share a similar cultural heritage. The difficulty lies in differences should be negotiated when an issue arises and their expectations of marriage. Many problems arise during the proceeding, including children's problems, property settlements, and monetary arrangements. . Frequently, the lawyers work to resolve these issues without litigation to decrease expense and the worry related to a divorce. The company works with those in need of support. Customers are assisted by highly skilled professionals within the company in all matters of law. Throughout time, the company has developed a reputation for professionalism and success and has realized numerous high-profile triumphs for people and businesses. Customers value the approachable, friendly service additionally," Liberiou declares.

What are the benefit of a good Family lawyer

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12.05.15

Family lawyer Sydney

  Family Law SydneyA family lawyer refers to a law practitioner whose field of expertise involves cases such as divorce, child support, child custody, child visitation among other family related litigation processes. A family lawyer’s legal responsibilities are not limited to providing legal advice to you as a client. They extent to matters such as negotiating for any legal actions that might be taken against you on your behalf as well as ensuring your court proceedings and pleadings are acted upon in a legal and proper way as provided for by the constitution. For these reasons and several others, it is imperative that you hire a highly qualified family lawyer to cover all your interest in the event of a family litigation. The following are some of the benefits of hiring a proper family lawyer.

Good knowledge of family law

The first and most obvious importance of a good family lawyer is the proper understanding of family law. A family lawyer has a good understanding of family law and is more than qualified to identify the loopholes in a case that could make all the difference in a family litigation. The fact that a family attorney makes a living trying to convince the courts as well as any other interested party of a client’s demands puts him in a better position to understand the drift of a case from the beginning. Without the services of a good and qualified family lawyer, the chances of missing some vital facts in a case or misrepresenting the facts altogether are very high. This may prove to be fatal in the long run.

Experience and knowledge in procedural issues

Different jurisdictions have totally different procedures when dealing with family matters. This is true even here in Australia. You therefore need a family lawyer who belongs to your jurisdiction or who understands the procedures of your jurisdiction without doubt. Fact is, if you do not understand or have no knowledge of the procedures associated with a particular country, you will misrepresent your case with disastrous consequences. These procedures may even extend to matters such as the way legal papers are presented in a court of law. This is why you need an experienced family lawyer. The family lawyer will ensure that you present your papers in the proper manner accepted by the court to avoid the inconvenience of having your case thrown out before it is even heard.

Lowering the high stakes

Most family lawsuits usually involve very high stakes. If you hire an inexperienced family lawyer, chances are he may not even understand the stakes involved in a case. Besides, he may present your case in a casual manner that may lead to you losing your case. An experienced family lawyer can be able to lower the stakes for you since he has a good understanding of the laws and procedures. He will put forth all the facts that he thinks are crucial for your case and put you in a better position to win a case. While at it, he will also be advocating for your rights to ensure they are not violated.

Impartial views

Family Law Sydney

In most court proceedings, it is not uncommon for one to need the services of a third party to provide a different view of the case at hand. In addition to that, a case is as good as the lawyer. Throughout the litigation, you will find that you are totally drained and for this reason, you might lose some of the most important facts that could be beneficial to your case. A family lawyer comes in handy at this time. You are able to transfer all your stress and burdens to the lawyer who takes it upon himself to ensure all facts are properly articulated in a case. After all the facts have been gathered by him, he will then know how to present his case before the judges while considering which points carry more weight than others. This way, your chances of winning the case are increased.

Emotional support

Going through a divorce or any other family litigation is painfully draining. In most cases you will need the support of people close to you. Ironically, you may be having issues with the same people you need support from which is why you are in court in the first place. An experienced family lawyer understands this perfectly well. For this reason, he will not only provide you with the legal assistance you need but since he knows what you are going through, he will be in a position to provide you with the emotional as well as moral support that you require. If he/she cannot do this on his own, he will know the right people who can do this job perfectly well.

Counseling

Families sometimes require a third party’s opinion to understand their problems and may even solve them while at it. These opinions usually shed some light on why exactly they need each other. Due to the experience acquired through dealing with different family issues, most family lawyers become good counselors as well. Family lawyers will not let you make decisions arbitrarily as a result of the emotions you are going through. They will guide you step by step through every decision you make and the consequences of each. In most cases, you may find that you do not even need to go the legal route to solve your family problems as a result of counseling from family lawyers. Hiring a good family lawyer is your best and only shot at dealing with family matters such as divorce or child custody. With the help of a family lawyer, you do not even need to stress yourself about the whole litigation process since you are sure everything is being handled in the right manner by a professional. Besides the emotional relaxation offered by these lawyers, the chances of winning a case being handled by a good family lawyer are extremely high. However, it is important that you hire a family lawyer who understands the procedures of your state or country since different countries have different family laws.  

What Is conveyancing?

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30.04.15

This is a guide describing what's the conveyancing procedure when purchasing a house and what's conveyancing.

 

What is Conveyancing?

  Conveyancing entails officially transferring home ownership from the seller to the purchaser. It begins when your offer on a home is accepted and ends when you receive the keys. Realizing what it entails will help ensure there are fewer surprises on the way.

First stages

  1. If like most people you are too worried or time poor to do the conveyancing yourself, the next step is to find a solicitor or conveyancer and “instruct them” to do it for you. Avoid using the estate agents recommended conveyancer as it will likely be a commission based recommendation and cost you more. Get a quote and use it to shop around for the best price and service
  2. Your conveyancer will subsequently draw up a draft contract or conditions of engagement with you, setting out their fees and down payments demanded.

Legal Work

  1. Your solicitor raises enquiries with the seller's solicitor and will analyze the draft contract and supporting records. You'll be expected to check the paper work and ask your solicitor when you have some queries or concerns. In particular you may need to double check the tenure of your brand-new house: is it freehold or leasehold?
4. Property searches. There are things that you might not realize about your potential property only with a survey or viewing it using estate agents. The conveyancer will do a group of leagal searches to ensure there are not any other variables you need to take note of:
  • plans for a motorway in your new garden? How about radioactive gas?
  • Checking the ‘title register’ and ‘title plan’ at the Land Registry– these are the legal documents proving the seller’s ownership
  • Checking flood risk – this is also done at the Land Registry –
  • Water authority searches – find out how you get your water and if any public drains on the property might affect extensions or building works.

Your mortgage

  1. You are going to have to get your mortgage set up. This includes ensuring you possess the funding accessible for a mortgage down payment. Your solicitor will be given a duplicate of the offer and go through the conditions.
  2. You are going to have to get a mortgage valuation. So that they are aware the property provides adequate security for the loan, this is performed on behalf of the mortgage company. You usually must cover it. However it might be thrown by a mortgage company in for free to entice business
  3. You are going to need to get some other required surveys. Whether you've got a survey done and what type of survey you select will depend on your particular situation.
  4. You are in charge of the property, so it is in your interests to do this as soon as contracts are traded.

Signing Contracts

  1. Since receiving the draft contract from the sellers solicitor, your solicitor will have been in correspondence  with you about what is covered. Before signing the contract your solicitor will need to ensure:
  • that fixtures and fittings contained in the purchase are what you anticipated A completion date was agreed between both parties, which is typically 4 to 12 weeks after exchange of contracts
  • That you have made arrangements to transfer the deposit into your solicitors account so that it is cleared in time for an exchange. You may want to negotiate on the size of the deposit, which is normally 10% of the value of the property. However even if you agree to pay less than 10% you are still liable for 10% of the value of the property if you later pull out of the agreement. Therefore if you pay a 5% deposit and pull out of buying the property you will not only lose your deposit but also legally owe an additional 5% of the value of the property
  1. Visit the property together with the estate agent as well as the fixtures and fittings inventory list to make sure that everything the house has not been damaged in any manner and you paid for is still there

Exchanging contracts

11. at this point you will have to agree with the seller, on the best day to exchange the contract.
  1. Your solicitor will exchange contracts for you. This is usually done by both solicitors/conveyancers reading out the contracts over the phone (which is recorded) to make sure the contracts are identical, and then immediately sending them to one another in the post.
  2. After you have exchanged contracts, you'll be in a legally binding contract to purchase the property for going with a set date. This implies that: -- If you do not finish the purchase, you owe the seller more in case the deposit was less than 10% and will lose your deposit -- the seller has to sell, or you can sue them --the seller can no longer accept another offer
 

Between exchange and completion

  1. Your solicitor will lodge an interest in the property which will mean that the deeds to the property are frozen for 30 working days to allow you to pay the seller and lodge your application to the Land Registry to transfer the deeds into your name.
  2. The seller will move out (although they may leave this to the day of completion)
  3. You need to organise the moving
  4. The solicitor will send you a statement showing the final figure to pay, which will ned to be cleared into your solicitors bank account at least one day before completion

On conclusion day

  1. The end is set on the given date although in practice occurs when the seller's solicitor affirms that they've received all the cash that's due around noon. Once this occurs, the keys should drop at the estate agents for your group. After that, you can move in.