Parenting Plans

Parenting Plans can be agreed between both parents and they may or may not be registered with the Family Court. Parents can try a plan and see if it works, making adjustments where required.

Consent Orders

Consent Orders can be drafted when both parties agree on the access and residency of their children, and they are then filed in the Family Court.

Consent orders are similar to Parenting Plans, and may be in the form of interim or final orders.

We always seek to draft orders that are in the best interest of the child and work with parties who also commit to that philosophy.

Financial Agreements

Increasingly, financial agreements are being sought as a quicker time frame to finalise their property settlement.

We offer financial agreements at a fixed fee, however, caution must be taken when entering into an agreement as they can be set aside by the court, even if the parties have agreed to an unfair agreement.

Property Consent Orders

Consent Orders require the Court to review and seal before they are effective.

The Court will take into consideration all the circumstances regarding the interests each party has in the property to be divided.

Section 79(4) Family Law Act 1975 (Cth) are the circumstances the Court considers.

When you are ready for us to represent you bring the documents as listed in the download button below.

Wills are not simple - deciding how to distribute your Estate after you pass can be complex, and what happens if a family provision claim is brought by a beneficiary. We believe your will is more than a tick and flick process, and requires a better understanding of you so we can provide you fully informed advice.

We ask you about your family circumstances;

We look to identify the risk of any potential family provision claims being made against your estate;

We advise you on strategies to protect your estate or reduce the risk of a family provision claim;

We take the time to identify all of your assets, including non-estate assets such as superannuation, business entities and jointly owned assets and take steps to ensure that all assets will pass where you intend; and

Ensure that all documents, including your Will, are properly completed as part of a holistic estate plan.

Your estate may be over $1Mil by the time you pass - do you really want a cheap as chips Will or a home made Will?

Did you get left out of the will or not get the same share of the will as your brothers and/or sisters?

Contesting a Will, may not necessarily mean you have to go to court, an agreement can be reached with the executors if you can satisfy that at the time of death, you were:

A spouse;

a child - including step child and adopted child; OR

wholly or substantially dependent on the deceased

Contesting the Will is about you getting what you're entitled to, and that the deceased should have considered you, and provided for you.

When you make an Enduring Power of Attorney, the Attorney may be appointed make personal and/or financial decisions on your behalf, which will have the same legal effect as if you had made them yourself (subject to any restrictions you impose in the document).

Find someone you trust who would be willing to take on the responsibility.

They must:

be at least 18 years old;

not be your paid carer (a person receiving a carer's pension is not considered a paid carer);

not be your health provider; and

not be a service provider for a residential service where you are resident.

For personal matters, consider family members or a close friend who understands your personal wishes and health care needs.

For a Financial Attorney, consider someone who is responsible with their own money and understands financial matters. The person you appoint must not be bankrupt.

Be careful who you choose as your attorney. You’ are potentially giving another person total control over your assets and the ability to make personal decisions about your health care and accommodation when you can’t do so yourself.

An Attorney must:

act honestly and with care;

recognise your right to confidentiality;

consider your existing supportive relationships, values and culture; and

apply the general principles (PDF, 238KB) under the Powers of Attorney Act 1998(Qld).

Estate Administration is the role of the Executor or Administrator.

Proving a Will (Probate) is the process of submitting the Will to the Supreme Court for examination, who check for its validity and if there are any holes or impressions on the Will paper (where there may have been something attached). The Court will also authorise you to deal with the Estate if you are named as executor or have been granted Letters of Administration.

Administering the Estate can be complex and becomes quite difficult, especially where a family member or beneficiary believes the Testator did not have capacity or has not provided for them.

We work with Executors who choose to do much of the 'leg work' themselves by contacting Superannuation funds, ATO, Centrelink, Banks and Utilities (telephone, electricity, water, gas etc.) and this can reduce the Estate administration costs.

If you are an Executor/Administrator, there is no requirement you must use the Law Practice where the Will is stored you can chose any Solicitor.

Give us a call if you want us to quote on assisting you to administer the estate with you.

When we ask people about their advanced health directive, they say "We have it sorted - in our Enduring Power of Attorney", and therein lies the confusion.

An Advanced Health Directive are your instructions to your appointed attorney on how your health care will be administered where you have lost capacity.

These are very important documents when you enter the end stage of life and your palliative care decisions are needed to be made.

This is how you pass with dignity by leaving instructions for those who care about you and what you want your palliative care to be.

Transferring the property interests from the seller to you, whether your a first home buyer or an experienced investor, is complex.

How do you know the property is compliant with the local council building laws?

Do you want to pay for searches before you know you have finance?

How long should I allow for finance to be approved?

The agent says the seller wants to settle in 30 days, is that ok?

We are not a conveyancing farm, and you are not just a number to us.

We pride ourselves on working with you, assisting you to realise that dream home.

Call us if you want to talk over the conditions of an REIQ contract before you sign.

First home, upsizing, downsizing, moving, starting afresh, transferring the property title from you to the purchaser is complex.

We know that you want the peace of mind that it will all go smoothly like clockwork, and in many cases it will. but only if you organise the discharge of the mortgage with your bank.

All too often, the time needed for the bank to prepare for discharging their interest in the property becomes a mad dash on the day of settlement or you may need to request an extension of settlement date.

When you list your property with the Agent, obtain the necessary paperwork from your bank, and fill it out ready for lodging when the contract becomes unconditional.

Can I get a short settlement date? - Sometimes this may not be appropriate as searches need to be completed and the buyer must have time to finalise their due diligence.

Call us if you want to talk over the conditions of an REIQ contract before you sign.

Have you received an application for unfair/unlawful dismissal, then we can represent you in the Fair Work Commission.

We provide advice to employers on the proper process to ensure a termination of employment is not harsh, unjust or unreasonable, and we can investigate and advise on workplace culture and allegations of workplace bullying.

If you wish to have us contact you about staff issues or require representation, click the button below, fill out the online form and we will contact you within 24 hours of us receiving the form.

Unfair dismissals are sometimes couched as a "redundancy". Upon further investigation it may have been a sham redundancy, or that you have not been fully consulted with workplace change.

An unlawful dismissal may occur when your employer has terminated your employment for exercising a workplace right, engaged in an industrial activity or you were discriminated against.

If you think you have been unfairly/unlawfully dismissed click the button below, fill out the online form and we will contact you within 24 hours of us receiving the form.

Driving Offences

Driving whilst Disqualified;

Driving without due care or attention (motor vehicle accidents);

Driving whilst under the influence of Alcohol;

Driving whilst under the influence of Drugs; or

Dangerous Driving causing Death or Grievous Bodily Harm.

If you are charged with any of these offences, call us for a prompt appointment and received a fixed price quote for your matter.

Civil Application for Family and Domestic Violence.

Domestic violence includes a wide range of behaviours that control or dominate someone, or cause them to fear for their personal safety or wellbeing. These behaviours may include:

physical or sexual abuse—punching, hitting, choking, or threatening to punch or hit, forcing a person to participate in sexual acts;

damaging someone’s property or threatening to damage property, including hurting or threatening to hurt pets;

emotional or psychological abuse—stalking, repeated text messaging, making insulting comments, calling someone names, blackmailing or extorting; or

preventing contact with family and/or friends, controlling someone’s appearance, putting them down.

Threats are also viewed as Domestic Violence including:

threatening to expose their sexual orientation ;

economic abuse—denying, withholding, controlling or misusing money or property, or threatening to do so;

threatening behaviour—saying things or acting in a way to make someone feel afraid;

threating to commit suicide or self-harm, stalking; or

coercive behaviour—forcing, intimidating or manipulating a person to do things they don’t want to do, such as sign a contract (e.g. for a loan) or a legal document giving another person power over their affairs (e.g. power of attorney).

Domestic violence extends to children seeing violence, like their parent being hurt, being called names, things being broken or police arriving.

If you are experiencing domestic violence, you can apply for a domestic violence order (DVO)., which sets out conditions that must be obeyed by the person who has committed the violence (‘the respondent’).

An application process for a full protection order can take several weeks. If you’re in danger currently, you can apply for a temporary protection order until the full order is finalised.

Call us for a confidential appointment regarding a DVO.

A parent/guardian must be willing and able to protect the children in their care. The role of Child Safety in our community is to ensure children and young adults are protected from harm or the risk of harm.

The paramount principal is that the safety, wellbeing and best interests of a child are the key focus of every decision. When the Department of Communities and Child Safety are making a decision under the Child Protection Act 1994 (Qld ) where there is a conflict between the child’s safety, wellbeing and best interests, and the interests of an adult caring for the child, the conflict must be resolved in favour of the child’s safety, wellbeing and best interests.

We can bring applications on your behalf or defend matters brought against you under the Act.

Contact us promptly once you receive a notice from Child Safety so we can assist you with the best outcome to ensure the best interests of your child are met.

A decision made by a government authority may be appealed either in the Administrative Appeals Tribunal (AAT) for Federal Government Decisions that affect you or Queensland Civil and Administrative Tribunal (QCAT) for Local, State Government and Regulatory Authority Decisions.

There is a very short time from when you receive your decision to when an appeal can be lodged. Contact us promptly once you receive your decisions in writing, and we will advise on your options for appeal.

The farm is not only your business its also your home - there are lots of memories had at the farm.

The contract is very important to get right. We prefer you use the REIQ/QLS approved Contract for Commercial Land and Buildings.

When you are buying a farm, you need to ensure what you are paying for - what is included :

Machinery - Tractor, Headers,Bailers, Pumps, Trucks

Equipment - 3PL Implements, Washing, Sorting & Packing Systems, Cold Stores

Stock

Livestock

Crops

Is there a tenant?

Are there lease hold, profit á prendre or share farming agreements;

Is there a water allocation to be transferred?

We understand the complexities of buying and selling farms, and we can advise you before you sign the contract.

Buying, Selling Machinery or Leasing

All contracts must have terms that are fair, meaning you should negotiate terms of the contract especially those clauses that appear on sided.

As with any contract, read the fine print and ask questions before signing, Ensure you are specific about the performance and capability of what you want the machinery to do, and have those characteristics added into the contract.

Then check the following provisions before you sign.

Who is responsible for maintenance and repairs?

What are the purchase option terms at the end of the lease?

Is it possible to terminate the lease early, if you are not satisfied?

What is the timing and frequency of payments? and

Does the lease have a GST component?

Always check with your accountant regarding any tax implications.

Personal Property Security Registrar

You can register your produce before freighting to your agent, protecting you in the event they go bankrupt, or sell your produce without paying you.

You become a secured creditor and may be able to recover your losses.

Contact us about how to register your crops on the PPSR for each agent.

Entering into a Retirement Village contract in Australia can be a risky financial move unless you understand what's in the contract – and chances are you won't.

And it's not just retirees who stand to lose out. Depending on how long you stay, the ongoing management fees and exit costs allowed by the contracts can do as much damage to your children's (or other beneficiaries') financial future as your own – especially if you move out within the first five years. A big chunk of whatever inheritance might have come their way could end up in the village operator's pocket.

It's complicated... Why can't you know the full costs beforehand? Retirement village contracts have complicated and confusing fee rates and payment schedules, making cost comparisons between villages all but impossible.

.. and it's costly. The upshot is that it's very hard to know how bad the deal is until you decide to leave the village, whether the operator exaggerated its charms or because you just need to move out. At that point you might find out the undisclosed and unexpected exit costs have made your village unit a very poor investment indeed.

We understand retirement village issues and will review the contract, ensuring you understand all fees and how they'll be applied.

We explain in plain english:

the deferred management fee schedule and how it will affect you if you choose to leave the village earlier than planned;

how much you get back when you leave;

what the ongoing fees are;

what are ALL the exit fees;

who receives the capital gain when you sell the unit;

how are refurbishment costs established; and

weekly fee liability if you move out or are hosptialised.

Always get three quotes from other villages in the same area - that are operated by different owners.

Call us before you sign to obtain our written contract advice.

Elder abuse is mistreatment of an older person that is committed by someone with whom the older person has a relationship of trust such as a partner, family member, friend or carer.

Elder abuse may be:

physical;

social;

financial;

psychological; or

sexual.

and can include mistreatment and neglect.

Sometimes family, friends and carers may not know that their actions amount to elder abuse.

Elder abuse violates an older person’s basic right to feel safe. It is a controlling behaviour or action which frightens or intimidates and can be illegal. It can occur at any time and be subtle to extreme.

If you, your client or someone you know is experiencing elder abuse, please contact us for a confidential discussion.

A Manufactured Home is a structure that:

has the character of a dwelling house;

is designed to be moved from one position to another; and

is not permanently attached to land.

Manufactured homes do not include caravans or tents. Manufactured homes in residential parks are legislated by the Manufactured Homes (Residential Parks) Act 2003 (Qld)..

You are considered a manufactured home owner for the purposes of the Act if:

your manufactured home is your principal place of residence;

you hold an interest in a site agreement as a personal representative or beneficiary of an estate;

you allow a tenant to occupy the home temporarily (if permitted under the site agreement).

Advice and Conveyancing

We do conveyancing for buyers of Manufactured Homes.

Before you enter into a purchase of a Manufactured Home ensure you are provided with the following:

Manufactured Homes Form 1 - Home owner's information document;

Manufactured Homes Form 2 - Site agreement;

Manufactured Homes Form 3 - Termination notice - by home owner within 28 days of entering site agreement (mandatory 28 Day cooling off);

Manufactured Homes Form 7 - Notice of proposed sale and assignment (copy);

Manufactured Homes Form 8 - Form of assignment (transfer); and

Manufactured Homes Form 9 - Selling authority (the park owner is appointed to sell owners manufactured home).

Please call us for a fixed fee price on the conveyance of your manufactured home.

Reverse Mortgages concern us.

If you reverse mortgage your home then consider the situation when either or both of you will need to go into a retirement home in the future, for you or your partner's higher care needs. It is likely you will need to sell your home prior to you purchasing into the retirement village.

Before you enter into a reverse mortgage ask your adviser these two questions:

How are the early discharge of mortgage payments calculated if I/we need to sell our home? and

How is the term of the mortgage calculated if one of us is not deceased?

If you are not happy about the responses - Give us a call we will assist you with understanding the ins and outs of reverse mortgages.

Buying or Selling Commercial Property requires significant property searches and reviews of leases to ensure you are fully informed regarding how the property is encumbered, who your tenants are and what are your requirements under the lease are.

Due Diligence is a process of conducting searches with a range of government departments, reviewing the documents, providing you written advice which explains the issues relating to your purchase or sale.

We believe we provide a high value service at a competitive price.

Retail Shop Leasing

When leasing a shop you must to meet the requirements of the Retail Shop Leases Act 1994 (Qld).

This can be quite a complex process but we can assist and work through this with you.

Assigning the lease

If you' are selling your business and the lease has not reached the end of its term then you will need to assign the lease to the new tenant as part of the sale of business.

This is a complex process and it is recommended that each party, you, your landlord and the new tenant should all have representation to ensure the legalities involved are all completed correctly, the lease property assigned or a new lease issued and the title is registered to the new tenant.

Importantly

Do NOT let the new tenant occupy your premises until the lease has been assigned and the title has transferred to the new tenant.

If you want to get the process started here are some forms you can download fill out and engage us to have the lease assigned.

Whether it is your first business venture, or you are a seasoned business operator, the transfer of business ownership is complex, especially where staff are to be transferred to you with their accrued entitlements.

Is the stock being transferred and at what value?

Is the stock registered on the Personal Properties Security Register by a financier?

Are all licences included in the purchase?

Are the sales figures just good will; and

is there any recourse if the numbers do not add up after you purchase?

We work with you asking the questions and providing you with the information to best negotiate on buying or selling your business.

If you are a shipwright, marine mechanic, marine electrician or a supplier of goods to the marine industry and you are having trouble recovering your debts, then a lien over the vessel may not be enough to secure you as a creditor.

We can assist with other maritime options that may ensure you are paid for your bona fide supply and/orservices.

Call us to discuss your circumstances obtain a fixed price fee for recovering your expenses.

If you find yourself being charged for an offence by:

Australian Maritime Safety Authority:

Maritime Safety Queensland;

Parks and Wildlife;

Fisheries; or

Water Police

then call us.

Our real world maritime knowledge and skills, may assist you in a successful defence.