Nofz as executor of the estate of Henry Matthew Fitzgerald (deceased) v Kane & Ors  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.
Telfer  FCWA 2 (4 January 2016)Keywords: Property – initial contributions – adjustments under s 75(2) – post separation contributions - court makes adjustment in favour of wife
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!
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Commercial law is a broad definition and It covers all areas of law associated with the buying or selling of property which comprises:
- vacant land,
- subdivisional land,
- commercial properties, and
- industrial properties.
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Family lawyer 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 lawThe 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 issuesDifferent 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 stakesMost 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.
Emotional supportGoing 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.
CounselingFamilies 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.
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.
- 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
- Your conveyancer will subsequently draw up a draft contract or conditions of engagement with you, setting out their fees and down payments demanded.
- 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?
- 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.
- 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.
- 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
- 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.
- You are in charge of the property, so it is in your interests to do this as soon as contracts are traded.
- 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
- 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 contracts11. at this point you will have to agree with the seller, on the best day to exchange the contract.
- 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.
- 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
- 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.
- The seller will move out (although they may leave this to the day of completion)
- You need to organise the moving
- 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
- 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.