Electronic Conveyancing ( E-conveyancing) – If Applicable

 

How To Stay Safe From Property Fraud?

  

Particular issues of property fraud concern

If there are matters regarding the Property of particular concern or importance to you or your financier then you should contact us so that we can determine whether a special condition is required and appropriate investigations can be made.  For example:

1. Is the purchase subject to the sale of the Buyer’s existing property?
2. Is payment of deposit by insurance bond or bank guarantee?
3. Rights of termination if particular searches are adverse for example if an existing or proposed tunnel or abandoned mines are discovered beneath the Property.

Fraud, Identity Theft, and Hacking

There has been a recent increase in the number of attempted property fraud relating to real estate.

It is essential to the conveyancing process that you provide us with a range of private information.  Much of that information can be obtained by fraudsters and identity thieves from publicly available records or by hacking, phishing, or trolling through unsecured email transmissions.

Parties to a conveyance are targeted as the conveyancing process often requires the transfer of large quantities of money.

We will take steps, such as obtaining personal identification from you, to assist to minimise the risk of property fraud.

We recommend that you also take steps to minimise the risk that your personal information is fraudulently obtained by being cautious about all communication. This could include the following steps:

1. Double-check that all money transfer requests are legitimately requested by our law practice or your financier – despite how legitimate the request may appear;
2. Do not transfer any money to any account other than our trust account (at our request – details of which are in the To-Do List) or to your existing financier or mortgage accounts (at your financier’s request) – without first checking with us that the transfer is necessary for your transaction;
3. If you are contacted by someone you don’t immediately personally recognise representing themselves to be from our law practice, your financier, or somehow linked to the transaction, ask the representative some historical questions about the transaction that you can be certain will verify that they are who they say they are;
4. Avoid sending personal and sensitive information such as bank account numbers via email;
5. Where instructions are requested or advice is provided via email, check with another form of communication.

Promises Made By the Seller or the Agent

Please tell us of any promises or warranties made to you by the Seller or the agent which are not contained in the Contract as soon as possible, as we may not be aware of them. There may be no protection for you in the Contract in relation to such issues.  Your options may be limited to:

1. terminating under any applicable cooling-off period or some other contractual term (where applicable); or
2. a claim for compensation.

Court action is expensive and if you are aggrieved by the misrepresentation it may be more cost-effective to terminate, if possible using any contractual rights if you have the opportunity.

Other Professionals

We suggest you seek advice about the purchase from  other professionals, including:

1. an accountant – about the commercial viability, appropriate purchasing entity, tax considerations of the purchase, and (if applicable) compliance with your SMSF’s investment strategy;
2. a valuer – to assure yourself that the price represents the market value of the Property; and
3. a town planner – to assess planning compliance issues or give advice regarding proposed future development.

If the proposed lot includes vacant land, you might also consider seeking advice from:

1.a surveyor – to survey the property to check for a boundary, area, and encroachment issues;

2.a soil tester – if you are planning on building (particularly in a new estate) to assure yourself that the soil condition does not require any special construction requirements. 

Article Source: How To Stay Safe From Property Fraud?

Where Family Law and Estates Intersect

  

Introduction

In addition to the two legal estates inland, it is also possible to have an interest inland. This is a lesser right over the land which falls short of possession.

Anyone can own an interest in land.

It is not always necessary to own land to have an interest inland. For example, à privilege, or ‘profit a prendre’, allows the owner of that interest to enter a person’s land in order to take produce from it, such as crops or firewood, without actually being the owner of any land themselves.

Aim Higher

There are exceptions to this rule, as easement can only benefit an individual as the owner of the benefited land. This is discussed in further detail in Chapter 9.

As a property right, an interest in land can be sold by the owner of the interest or transferred to a third party in the same way as an estate in land can. The owner of an interest in land can also protect their interest against a third-party purchaser of the estate in which the interest is held.

Legal and equitable interests in land

Interests in land can be legal or equitable.

Legal interests

According to s 1(2) of the Law of Property Act 1925, there are five legal interests that can exist over land. These are:

1. an easement, right or privilege;
2. a rent charge;
3. a charge by way of a legal mortgage;
4. miscellaneous statutory charges;
5. rights of entry.

Family Law and Estates Intersect

The recent Canadian case of Carrigan v Carrigan’s Estate is a timely reminder of the need to ensure that we all keep our financial affairs in order, particularly when there have been changes in our family circumstances.

In this Canadian case, Mr. Carrigan passed away leaving a DeFacto partner with whom he had been living at the time of his death but also a wife from whom he had not been divorced. In that situation, the Canadian Courts were called upon to decide who should receive which elements of Mr. Carrigan’s Estate.

Whilst that decision was based on the relevant legislation in Canada, it is a timely reminder to all of us to keep our Life Insurance and Superannuation benefit nominations under review, as well as our Wills, and to amend them if family circumstances change. For advice in relation to Family Law and estates Matters or in relation to the preparation of Wills contact Ian Field on 07 3236 0001 or ifield@aylwardgame.com.au.

Article Source : Where Family Law and Estates Intersect

Husbands Should Be Nice To Their Mother-In-Law?

  

If the Comedians are to be believed, the chances of a husband getting on well with his mother-in-law are nearly zero.

But if the psychologists are to be believed, he really should try.

According to researchers in the USA at the University of Michigan Institute for Social Research, Husbands who get on well with their in-laws have a 20% higher chance of avoiding divorce than the average.

In contrast to the Husbands, the research found that women who enjoy a good relationship with their in-laws have a 20% greater chance of separating.

The researchers suggested that wives who like their in-laws may find it hard to set boundaries at the start and in the following years they may feel the in-laws are meddling.

The study found that husbands who made the effort to get on with their mother-in-law were the ones most likely to stay married. These studies were based on couples between the age of 25-37 and in their first year of marriage when the study began in 1986. The researchers have followed the progress of this group ever since.

According to the lead researcher Dr. Terri Orbuch, wives should be careful about sharing details of their marriages, so that everyone respects each other’s boundaries, and husbands should make sure they treat their in-laws as “special and important”.

We don’t know if the same findings would arise in Australia, but if you find that you need some legal advice about family law matters, please speak to our partner Ian Field.

Article Source: Family Law

How Much Does It Cost To Get A Divorce in Australia?

  

The million-dollar question How much does it cost to get a divorce in Australia is determined by about a million factors, but mainly depends on the actions of you and your partner.

We can however advise of your family law costs in relation to a property settlement, custody, and time spent with children in stages. These could be stages such as how much to get to know your rights and entitlements, how much to make an offer or how much to prepare for Court.

How Much Does It Cost To Get A Divorce in Australia?

We can also advise clients of what their costs would be if the matter is ‘straight forward’. This means minimal if any negotiation of how matters are to be finalised whether it be in regard to assets and liabilities or care of children. The one major factor that will definitely increase your family law costs is not being able to communicate with your partner.

Of course, it is always advisable to find out what your rights and entitlements are before agreeing on a settlement and we are able to give you a fixed fee for this work. Armed with this information you are then able to negotiate and hopefully agree on how your issues will be dealt with and once again we can advise of costs for implementing the agreement reached.

For some people, this is just too difficult and that is why there are other avenues available for couples to seek assistance and guidance on how to come to an agreement and settle matters.

These are outlined on our Family Law website:

• Negotiation
• Collaborative Practice
• Mediation
• Mediation without Lawyers
• Family Law Litigation

Family Law has developed packages to enable us to minimise client’s legal costs.

We work with our clients to, in many cases, “help them help themselves” and save on legal costs.

We have available our online advice for $275, our client instructions pack $1,650, and our fixed fee policy detailing further options. To find out more about how we can help you please contact our office at 3255 3200 and take the opportunity of our 20-minute free consultation to talk with one of our lawyers.

Article source: divorce in australia

Altruistic Surrogacy in Queensland

  

Since July 2010 Altruistic Surrogacy has been a possibility in Queensland. Whilst the Surrogacy Act allows Altruistic Surrogacy, a Commercial Surrogacy arrangement remains illegal in Queensland. It is also illegal for a Queensland resident to enter a Commercial Surrogacy arrangement even if they do so outside of Queensland.

 This point was highlighted in 2011 when a Family Court judge referred more than one case to the Director of Public Prosecutions in Queensland because Queensland residents had entered into commercial surrogacy arrangements outside of Australia. This underlines the importance of ensuring that if you wish to enter into an Altruistic Surrogacy arrangement that you ensure that you comply with all of the requirements of the legislation. If you do not properly comply with these requirements it is possible that the Court may not grant the Parentage Orders, and you may also face Prosecution. The Surrogacy Act requires both the birth parents and the intending parents to strictly comply with a number of procedural requirements which include obtaining specific legal advice and counselling at certain stages in the process.

If you are contemplating and Surrogacy Arrangement as either a birth parent or intending parent, it is important to know that you can rely on your Lawyer to ensure that the legal work is undertaken promptly and professionally.

Our partner Ian Field advised on one of the first Altruistic Surrogacy Arrangements and Applications to be made to Court for approval for Parentage Orders. The application was successful and the intending parents were granted the Parentage Orders that they sought.

Ian also believes that the Collaborative Law approach is ideally suited to the issue of Altruistic Surrogacy and together with Mr. Randal Binnie, another Family Lawyer in Brisbane he has created this. For legal advice regarding Altruistic Surrogacy Arrangements please contact our partner Mr. Ian Field on 07 3236 0001 or by email at ifield@aylwardgame.com.au

Article Source: Altruistic Surrogacy in Queensland

A SUREFIRE METHOD HELPING FAMILIES STREAMLINE THE DIVORCE PROCESS

 

For the sake of your family and children put away your hatred and animosity and endeavour to talk to your former partner in a reasonable manner only if for a short period of time to reach a resolution that best suits your children, yourself and your former partner.

Do this with the assistance of people who have the professional experience to help you through this highly

emotional period of your life.

Ian Field has more than 40 years’ experience as a solicitor practising in Family Law and over 26 years of involvement in alternative dispute resolution. James has been instrumental in developing Collaborative Law in Brisbane. Collaborative practice is one of the best ways to resolve family and relationship issues. It offers an amicable, speedy and cost-effective way to reach an agreement.

Collaborative practice depends on two things; the skill of the collaborative lawyers and the general willingness of the parties to participate openly.

Collaborative practice will assist you to identify the issues you face, come up with realistic options that suit both you, your former partner and your children, solutions that will work.

Do this with the assistance of people who have the professional expertise to enable you to move on with

James has had extensive training in the mediation process and collaborative practice. He, with the assistance of a similarly trained specialist can assist you to reach the resolutions you are seeking.

How Can I Avoid Family Court?

James was trained in mediation with Marriage Guidance Queensland (now Relationships Australia).

He and the other professionals undertook training for an extensive 8 months period and conducted mediations with similarly trained professionals.

Did you know that the training mediator’s received at Marriage Guidance Queensland was at the forefront of what is now Collaborative Practice?

The mediation involved two professionals, a solicitor and either a Social Worker or a Psychologist. Both were trained in the collaborative process. The male/female combination matched the male/female relationship of the parties who had the advantage of this mediation experience.

Both Mediators were attentive to the needs and wishes of the parties.

The parties were encouraged to express their needs and wishes and to explain to the other party why such needs and wishes were important to them. Importantly, parties were encouraged to listen and appreciate why such needs and wishes were so important.

No outside lawyers were involved. No court fees, no detailed preparation of affidavits and court documents.

The parties were able to reach their own agreements and resolutions in an amicable and cost-effective way.

The resolutions reached were detailed in an agreement and if the parties so wished the agreement was formalised in the family court. No attendance at Court was required.

Is this process still available to me?

YES – Collaborative mediation by James with similarly trained female professionals is readily available to you. It is a voluntary process only you, your former partner and the two professional mediators will be part of this process. Issues will be identified, options will be generated to resolve such issues.

The collaborative mediators will not favour either party and will work with both you and your former partner to help negotiate your own decisions together.

All decisions in collaborative mediation will be made by you and your former partner, not by a Court or anyone else.

Your wishes and desires will be fully expressed and listened to by all who participate in the negotiations. It is readily available and is fast and efficient. It is a three-step process:

• Isolating the wishes and desires of both parties;
• Creating options and alternatives in reaching a resolution; and
• Being attentive and making genuine decisions to resolve the issues that have arisen.

Collaborative mediation is readily available to you and your former partner.

Article Source: Divorce Lawyer

IMPORTANT INFORMATION – OWNERSHIP AND PAYMENTS

  

Please advise in the Questionnaire whether you intend to purchase the property as joint tenants or tenants in common (and, if so, in what proportions) as we will need to specify this on the transfer documents.

The effect of joint tenancy ownership is that on the death of one owner their share in the property passes to the surviving joint tenants despite any provision in a will.

If you purchase as tenants in common then on the death of a co-owner the share in the Property of that co-owner will pass in accordance with their will or in accordance with the laws of intestacy if they do not have a valid will.

Joint tenants can, at any time, give a notice to their co-owners that severs their interest from the joint tenancy.  A joint tenant who gives such notice will then hold their share as a tenant in common with any other co-owners remaining as joint tenants between them (if more than one).

A joint tenancy is not appropriate where parties wish to hold interests in the Property in unequal shares.  If you wish to hold the Property other than equally (for example, a 99% and 1% split or some other unequal percentage ownership) for taxation or asset protection reasons then you must hold the property as tenants in common.  You will need to advise us of the percentage of ownership each owner is to have as this needs to be set out on the Property transfer.  Any later change to ownership proportions will result in transfer duty being imposed.

• You are purchasing the property for investment purposes and the Contract has not yet been entered into:

We recommend you seek advice from an accountant or financial advisor on the best purchasing and borrowing entity for you taking into account your financial circumstances and financial planning requirements (for example:

1. Whether to purchase (and borrow) as an individual, company, trustee, or other entity such as an SMSF;
2. Tax implications and structuring; and
3. Land tax and other holding costs.

If you enter into the contract as trustee of a trust, you are still personally liable under the Contract for the performance of all the Buyer’s obligations unless provision is included in the Contract to limit that liability.  If you have any concerns about this issue, please contact us.

• Foreign ownership (if applicable)

If you are a foreign person or are a trustee of a foreign trust, you may need to:

1. Obtain a notification from the Foreign Investment Review Board under the Foreign Acquisition and Takeovers Act 1975 (Cth) that it has no objection to your acquisition of the Property; and
2. Notify the Department of Natural Resources and Mines under the Foreign Ownership of Land Register Act 1988 (Qld).

Please call us if you think this applies to you.

Failure to obtain a required no objection notification may result in a forced sale and substantial penalties being imposed.

• Withholding payments (if applicable)

Under laws designed to ensure that foreign residents meet their liability for CGT when selling land in Australia, a Buyer may be required to pay 10% of the purchase price to the Australian Taxation Office (“ATO“).

The withholding laws apply to contracts entered into on or after 1 July 2016 where the Property sold has a market value of $2 million or more.  If the withholding laws apply, the Buyer must pay the required amount to the ATO promptly after settlement unless the Seller produces a valid clearance certificate issued by the ATO or a notice from the ATO varying the withholding amount to nil.

The issuing of a clearance certificate by the ATO to the Seller is confirmation that the Buyer is not required to pay any part of the purchase price to the ATO at settlement.

It is important to note that, payment of any required withholding amount is the Buyer’s responsibility.  A failure to pay the withholding amount to the ATO may have serious consequences.  In addition to liability for the withholding amount, a penalty (equal to the amount required to be withheld) may apply where a Buyer fails to comply with the withholding laws.

In most cases, market value will be determined by the purchase price payable under the Contract. If the transaction involves a purchase price of $2 million or more but includes personal property (such as moveable equipment or furniture) with a material value and the market value of the land and improvements may be less than $2 million, it may be appropriate to obtain an independent valuation of the Property for the purpose of specifying an apportionment of the purchase price.

Similarly, an independent valuation of the Property should be considered if the transaction is between related parties and the Property may have a market value of $2 million or more.

If the market value of the property is $2 million or more but the purchase price is less than the amount to be paid to the ATO, you should consider options for the payment of this amount or amendment of the Contract to require payment by the Seller of an amount to cover this payment.

• Land Tax

Land tax is potentially payable if the unimproved value of all land owned by you as at midnight on 30 June in each year meets the statutory threshold amount.  Generally, there are exemptions for your private residence.  If the Seller has any outstanding land tax liability in respect of the Property then this will need to be taken into account in determining the settlement figures.  There may need to be settlement retention for unpaid land tax although in off the plan contracts, this right is not often given, and instead, you must rely on the Seller’s undertaking to pay land tax for the current land tax year.

After settlement, you will be responsible for dealing with any rates and land tax assessments, checking their accuracy (including whether the correct category has been applied for any assessments and your entitlement to any deduction or concession), and attending to payment.

• Transfer Duty

Transfer duty is a state tax that is payable on dutiable transactions in Queensland. It is calculated on the Property’s dutiable value which is generally the higher of the consideration payable under the Contract and the Property’s unencumbered market value.

As transfer duty is applicable to each transaction, you must ensure that the Buyer named in the Contract is the person or entity that you intend to own the property. Otherwise, you risk two or more assessments of transfer duty, which can increase the amount payable.

If you are seeking to purchase property for your SMSF and are planning to buy the Property using a bare trustee as a purchaser with a loan then you risk paying transfer duty again when the Property is transferred to your SMSF on repayment of the loan. It is outside our normal retainer to advise you on a strategy to avoid that additional duty.

You also need to carefully consider your current and ongoing eligibility for any concession or exemption that you obtain.

If you do not pay the duty or advise the Office of State Revenue of changes to your eligibility for concessions or exemptions then they may identify this (as they actively cross-check data held by other government agencies) and can seek to recover any shortfall directly from you including penalties and interest.  Recovery of incorrect or unpaid duty may occur years after settlement and could compound into substantial amounts.

Article Source: Property Law

WHY A BUSINESS LAWYER CAN BE YOUR BEST FRIEND

  

Whether you want to start a business or are already operating one, having a Brisbane law firm you can count on could prove to be your business’s best friend. It doesn’t matter whether you’re a sole trader, a partnership or a company, every business has legalities to deal with and will often require advice and mediation from a business law specialist.

Without a Plan You Plan To Fail

We’re not talking about a regular business plan here, although you should definitely have that in place as well, but rather the legal side of the business and helping to establish your business entity.

Your Brisbane legal advisor can help you get started, as well as plan for your success and avoid the many common legal pitfalls that can ultimately bring a new or established business undone.

Also, things can become increasingly more complicated when your business expands and you need to hire employees, or even change your business structure. Obtaining capital to finance the expansion of your business is also vital to success and it’s wise to consult your business lawyers when planning any major changes. This way you can be assured of doing everything correctly and on the right side of the law.

Businesses vary, as do business owners, so you need to engage with a law firm that not only specializes in business law but are also flexible in their approach and understanding of the different needs and requirements of their clients.

Give Yourself Peace of Mind

Starting or running a business can be hard enough without having to try and navigate your way through all the legal requirements associated with it. That’s why it’s best to take that load off your mind and delegate it to professionals, leaving you free to do what you do best – Focus on running and growing your business.

If you try to be a master of everything and do everything yourself, you’ll simply burn out and risk losing your business altogether, and that’s not a result anybody wants.

Aylward Game Solicitors – Your Business Law Experts – Business Lawyers

Whether you are planning to start a business or company, looking to franchise, need contracts drawn up, need a lease negotiated, commercial litigation or a whole host of other business-related legal services,

you can count on the business law professionals at Aylward Game Solicitors in Brisbane, Gold Coast and Sunshine Coast. So get in touch today. Find a business lawyers near me.

Article Source: Business Lawyers

RESERVE BANK OF AUSTRALIA (RBA) RATE STILL AT AN INCREDIBLE HELD AT 0.10%

  

The world knows all too well about how your interest rates can dramatically change from one month to the next and if you get yourself in a good position, you lock that RBA interest rate in for a few years to protect yourself from being knocked out by a rise in the RBA interest rate (RBA cash rate).

For 3 years the RBA rate remained at 1.50%, which for some was great as no rise in an otherwise ever-changing world meant that homeowners could keep their properties. For others, the cost of living was still too high to save a deposit for a house. Then in mid-2019, we saw a drop of 0.25% bringing the rate down to 1.25% which for anyone struggling to pay their mortgage meant this was a big stress relief or for some of us, helped to apply for a home loan to be more achievable.

The rate continued on this downward trend dropping by 0.25% again and again which brings us to today at an incredible low of 0.10%. On top of that, the Government is currently offering $15,000 to First Home Owners for contracts entered into from the 1st of July 2018.

What does this mean for you? It means anyone who has been looking to buy a property, can now get a home loan with an extremely low-interest rate making it more affordable for the average income earner.

But do your research. Check out the different offers from the banks and get one that suits your needs. We suggest you do your calculations before applying for a loan. Get advice on your contract before signing it.

Does your property lie in a flood zone? There are so many possible questions with buying a property that you may not know what are the correct questions to ask.

Contact Aylward Game Solicitors for a 20minute free consultation or for $440 for up to 90minute consultation before you sign a contract.

Article Source: RBA Interest Rate

BREAKING NEWS: VENDOR FINANCE CONTRACT ARE NOT ILLEGAL

 

That’s correct Vendor Finance Contract is NOT illegal. If you haven’t done so already, take a look at our previous article “What is Vendor Finance and Is It Worth It?”.

With obtaining finance from banks and other traditional lenders becoming increasingly more difficult to obtain, we are receiving a growing number of inquiries about vendor finance.

The most common comment clients make when enquiring about vendor finance is that they have spoken to their regular solicitor and they have said this type of transaction is illegal. This comment generally stems from a lack of knowledge and understanding of vendor finance and the fact that these types of transactions are not commonplace in Queensland. However, these types of transactions are in fact legal, and here at Aylward Game Solicitors we have been successfully drafting and producing vendor finance contracts for Buyers and Sellers for more than 20 years.  

What is Vendor Finance?

Vendor finance is a form of lending in which a company lends money to be used by the borrower to buy the vendor’s products or property. Vendor finance is usually in the form of deferred loans from, or shares subscribed by, the vendor. The vendor often takes shares in the borrowing company. This category of finance is generally used where the vendor’s expectation of the value of the business is higher than that of the borrower’s bankers, and usually at a higher interest rate than would be offered elsewhere.

Vendor Finance contract Bridges The Valuation Gap:

Vendor finance bridges the valuation gap due to the time value of money. If the buyer of a business doesn’t have to repay the vendor for the vendor loan for a few years, then the value of that portion of the purchase price is worthless. In some cases, there is an interest charge on a vendor loan, but in other cases, it is simply a deferred payment. Vendor finance is different from an Earnout because it is not contingent on performance. Since there is no contingency, vendor finance is riskier for the buyer than an earn-out.

Vendor finance can also be used when the buyer does not have the funds to purchase the entire business. In this case, the vendor creates a loan with an interest charge to help the buyer complete the purchase and help the seller complete the sale, usually on better terms for the seller. 

Article Source: Vendor Finance

  

Two of Australia’s most dynamic legal firms are merging to form a powerhouse team of Brisbane solicitors that are committed to the traditionally practiced values of the legal profession.

The joining of these established Brisbane law firms and their collective practices will harness nearly 80 cumulative years of experience in the fields of family law, employment law, and commercial business law; with expertise in divorce and dispute resolution as well as vendor finance and the full range of business, banking and finance law.

This merger brings Aylward Game Solicitors to the forefront of solicitors who are there to provide you the best advice and representation in the legal matters your face.

Aylward Game Solicitors has been diligently servicing the legal needs of clients throughout Queensland and around Australia for 17 years. Our partners, Mark Game and Ian Field have more than 40 years of experience in legal practice.

Experience, education, and solid support staff are the foundations of a solid law firm.

Mark Game is experienced in all aspects of banking and finance law and is one of only a small group of solicitors in Queensland with expertise in vendor finance. He also holds a Queen’s Commission as an officer in the Australian Army. He went inactive in 2001 after over 20 years of service to the Army Reserve as an Infantry Corp Officer.

Ian Field is a member of the Family Law Practitioners Association of Queensland and is trained as a Collaborative Lawyer. He is experienced in employment law, as well as preparation of wills and enduring powers of attorney, and the administration of deceased estates.

James Noble, formerly of James Noble Family Law, Brisbane, is a Queensland Law Society accredited family law specialist. He comes to Aylward Game Solicitors with more than 38 years of experience in family law. He is a member of the Family Law Practitioners’ Association, the Family Law Council of Australia, and the Family Law Section of the Law Council of Australia. He is also a Notary Public and a member of Queensland Collaborative Law. James and his team of professionals offer expert legal representation, support, and advice on options available to foster a resolution to your family disputes in a timely and cost-effective manner.

Charles Noble is an experienced divorce lawyer who will work with you to get the best long-term resolution to your legal affairs. He will steadfastly guard your interests and assist you to understand all of your available options and possible courses of action.

Experience, education, and solid support staff are the foundations of a solid law firm. At Aylward Game Solicitors, the incorporation of James Noble Family Law brings to bear an impressive array of solicitors who can serve your legal needs across a broad spectrum.

Our support teams include Libby Decaux, with over seven years of experience as our Conveyancing Manager. Allyce Ardern is our Legal Secretary and been with Aylward for more than five years.

At Aylward Game Solicitors, the incorporation of James Noble Family Law brings to bear an impressive array of solicitors who can serve your legal needs across a broad spectrum.

Together, we are all Aylward Game Solicitors, a formidable legal team waiting to serve you. You can engage our experts and book a case evaluation using our website at Aylward Game Solicitors.

Article Source: BRISBANE’S BEST LAWYERS, JUST GOT BETTER

COMMERCIAL & BUSINESS LAW

 

Buying and Selling Commercial Real Estate

This process takes many forms due to differences and restrictions on the potential use of your commercial property as well as location, and cultural significance. This makes it essential to ensure that your interests are catered for in the contract terms and conditions. (Commercial & Business Law)

Here at Aylward Game Solicitors, we will help you in the preparation of the following documents that are needed in all contracts.

• Standard form REIQ commercial land and building contracts with tailored special conditions to suit your requirements.
• Special purpose property contracts.
• Development contracts for the proposed acquisition of properties for either development or subdivision.
• Off-the-plan contracts for the sale of your future property
• Put & Call Options and Master Put & Call Options
• Contracts where part of the purchase price is funded by an array of vendor finance arrangements.
• Commercial leases that include Retail Shop leases

Commercial leases (for landlords and tenants) including Retail Shop leases

We have the knowledge and experience in leasing transaction requirements hence we will help you in case you are the landlord, tenant, or assignee as well as on your commercial, industrial, and retail properties.

RESIDENTIAL CONVEYANCING

Residential Conveyancing Expertise

We, at Aylward Game Solicitors,  will provide you with the necessary legal advice and services that relate to your residential conveyancing requirements including preparing contracts and contract special conditions.

This is because property conveyancing transactions generate complex rights and obligations that affect the parties involved and have adverse effects if they are not taken into serious consideration. Aylward Game Solicitors will help you in the protection of your rights and obligations.

Legal Experts in Brisbane Conveyancing

Founder Mark Game, Conveyancing expert in Brisbane, experienced in a wide range of conveyancing issues that include selling and buying of existing houses, residential units and townhouses. They also deal with new houses and the purchase of property within a self-managed superannuation fund.

 

They will advise you on the advantages of the self-managed superannuation fund and the penalties associated with non-compliance. They will also ensure that you undertake your transactions correctly so that you can enjoy the advantages of using the funds fully.

Finally, we at Aylward Game Solicitors are obliged to ensure your transactions are documented properly using the right documents before being stamped, and ensure that the ownership of properties is registered to the right entities.

SMSF PROPERTY

Buying Property within a Self Managed Superannuation Fund

There is a marked increase in the number of investment properties being purchased within a Self-Managed Superannuation Fund, and there can be many advantages to utilizing this structure.

However, the penalties for non-compliance with the Superannuation Industry Supervision Act can be very significant. It is vital to ensure that these transactions are undertaken correctly, otherwise, the tax advantages of using this structure may be lost.

Looking to Find A Conveyancer in Brisbane?

We have experience in all areas of Property-Law in Brisbane including Property Contract Termination to ensure that these transactions are properly documented, the right documents are properly stamped and the right entities are registered as owners of the property.

Contractual Arrangements

Dealing with contractual arrangements and agreements

Shareholders, partners, and co-operators may enter into a contract to agree on their needs or wishes before leaving or establishing the business law. They may arrange independent contractor arrangements, consultancy agreements, agreements with customers, service providers, and suppliers or employment contracts. Documenting what has been agreed between you and your business partners is very important to properly secure both of your rights and interests as well as prevent misunderstanding in the future.

Aylward Game Solicitors can provide straight-forward and practical assistance in arranging these basic contracts:

• Partnership agreement for individuals creating a partnership
• Shareholder agreement for a particular company
• Employment agreements between the employer and all salaried staff
• The standard form of Terms of Trade or Supply Agreement between the company and suppliers that provide services and products to them or their customers
• Special purpose contracts entered into by parties due to unusual circumstances.

Franchise Agreements

Aylward Game Solicitors can assist you to prepare a Franchise Agreement, acquire or set up a new or existing franchise business law and understand the consequence of a transaction you’ve just entered into, including:

• The effect of paying the upfront costs to the franchisor
• Ongoing cost and expenses of the franchise and the terms to increase or change them
• Restrictions of the business law operations
• Selling and assigning franchising rights
• Cost and liability of transferring a franchise
• Leasing business premises or getting a license to occupy the franchisor’s premises

Trusts & Corporate

In building and starting your business operation, the impeccable service of Aylward Game Solicitors can help you develop the best structure. They guide clients in carefully thinking and considering their individual circumstances and the means to be used in operating their business.

Article Source: COMMERCIAL & BUSINESS LAW

THE BEST FAMILY LAWYER IN BRISBANE

 

While it is very important to obtain the expertise of an Accredited Specialist Family Lawyer, Brisbane has quite a few to choose from…

…so what are other attributes that make you the best family lawyer in Brisbane?

The overwhelming concern for most people when it comes to going through a separation is “how much does a family lawyer cost?. When providing competent Family Law advice it is often difficult to reduce costs while maintaining the highest level of expert advice for the client. At Family Law, we have many options that can help.

Our DIY detailed Family Law advice pack is a great starting point for people who want to get an accurate answer to where they stand and the likelihood of achieving an outcome within a certain range. When you provide us your detailed instructions we are able to halve the cost of giving you the advice you are looking for by cutting out the face-to-face instruction gathering stage and the time taken to collate the information into a usable form. This deducts several hours of work a solicitor would need to do and you can do it by yourself at your own pace in the comfort of your own home or workplace.

Armed with accurate knowledge and detailed written advice about child custody, your entitlements in a family law property settlement or other areas of Family Law means you can move forward knowing what to aim for when you are negotiating with your former partner.

At Family Law, we also offer secure online video conferencing and the ability to communicate give you advice via telephone. These methods of communication are extremely useful for people who live outside of our city of Brisbane or who live in remote locations. We can serve people’s family Law needs anywhere in Australia or for that matter anywhere in the world!

So does being an Accredited Specialist offering modern delivery of Family Law advice make you the Best Family Lawyer in Brisbane? We think so however, some may call us biased. Why don’t you make up your mind for yourself? Visit our website at jamesnoblefamilylaw.com.au to get a better understanding of how we can help you. There you will find a wealth of information about every aspect of Family Law in Australia. If you are impressed with what you find like us on our Facebook page at our Family Law page and share it with your friends. You might just be helping out someone who needs some advice at this stage of their relationship.

If you like you can even send us an email letting us know that we just might be the best Family Lawyer in Brisbane.

Article Source: THE BEST FAMILY LAWYER IN BRISBANE

NO FURTHER STAY WAIVER REQUEST IS THIS FOR ME?

 

Does your visa have a “No Further Stay” condition attached to it, and if so, what does it actually mean? Below we attempt to clarify this and how it is dealt with:

No further stay

There are many temporary visa holders in Australia who have got their visa conditioned as “no further stay.” The conditions include 8503, 8534, and 8535. This means unless there are specific
circumstances such as protection visa consideration, the holder upon expiry of his/her visa must leave Australia and will not able to apply for another visa.

My visa is attached with 8503 conditions, how can I avoid leaving Australia?

You can request the Department of Home Affairs to waive the condition attached to your visa but it must fall under either of the following categories;

(a) If you are unable to leave Australia due to medical reason;

(b) If there is a natural disaster in your home country;

(c) If there is a death or serious illness within your close family;

(d) There is a war or civil unrest in your home country; and

(e) The school in which you have registered cannot provide the course that you were approved for.

You cannot request the waiver simply because of the occurrence of a marriage or de facto relationship with an Australian citizen or permanent resident. Additionally, you cannot request the waiver simply because of pregnancy, unless your doctor advised you not to travel.

What happens when the condition of my visa is waived?

If and when, a “no further stay” condition of your visa is waived, you may apply for another visa without having to leave Australia. You need to be mindful, however, that there is no guarantee that
another visa is granted to you as it depends on the type of visa you apply for, and you must meet the requirements of that visa.

How long does it take to process my waiver request and how do I lodge my application?

You need to be mindful that the waiver is not automatic and it all depends if you have provided all the required documents. Under normal circumstances, it takes around 28 days to receive an outcome on your waiver request. However, a delay may be experienced if your provided information is deemed incomplete. As far as the form, you need to complete the Form 1447 ‘No Further Stay’ waiver request and provide a certified copy of the bio page of your passport and all documentary evidence in support of your waiver request. The information then should be emailed to NoFurtherStayWaiverRequest@homeaffairs.gov.au

Read More: Immigration Law

What if I request for a waiver of the “No Further Stay” condition after my visa is expired?

If you stay in Australia after your visa expires, you have breached condition 8531 which states: “You must leave before visa expiry.” This means even if your No Further Stay condition is waived and you are granted another visa, your sponsor will be penalized and any security bond lodged in support of that visitor visa or professional development visa application might also be forfeited.

What if my request for a waiver of the “No Further Stay” condition is refused? Can I appeal the decision?

No. The Department of Home Affair’s decision in respect to your waiver request is final and the decision cannot be reviewed by the Administrative Appeals Tribunal or by another Department. The
Minister also does not have any power to intervene.

Can you assist me to lodge my waiver request application from A-Z?

Yes, we can. It always pays to seek qualified immigration advice to ensure your application and documents are in order. In addition, you need to be mindful that you want to get your application
right first. We are happy to assist you.

By Abolfazl Moghadam

Source: https://aylwardgame.com.au/no-further-stay-waiver-request-is-this-for-me/