Conveyancer Near me | Conveyancing Lawyers Brisbane

COMMERCIAL CONVEYANCING

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. You need to find a legally qualified person to handle the conveyancing for your sale or purchase, however should you search for a property conveyancer near me or property solicitors near me or some other term? Conveyancer near me is very often the first thing you search for online when you’ve either had an offer accepted and/or you accepted an offer regarding selling a property. Here at Aylward Game Solicitors, we will help you in the preparation of the following documents that are needed in all contracts.

1. Standard form REIQ commercial land and building contracts with tailored special conditions to suit your requirements.

2. Special purpose property contracts.

3. Development contracts for proposed acquisition of properties for either development or subdivision.

4. Off-the-plan contracts for the sale of your future property

5. Put & Call Options and Master Put & Call Options

6. Contracts where part of the purchase price is funded by an array of vendor finance arrangements.

7. 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. Buying and selling of a residential or an investment property is a great financial transaction that needs to be taken seriously. 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 utilising 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. A good place to begin is by asking for recommendations from friends and family, as well as your real estate agent, accountant or lawyer. You can look for local services, search “conveyancer near me” or “cheap conveyancing”. To discuss your matter, please contact us at your earliest convenience for a Free Case Review. Looking to save money and get cheap conveyancing cheap conveyancing cheap conveyancing cheap conveyancing in Brisbane?

Article Source:Conveyance Lawyer

WHEN MEDIATION WORKS BEST, AND WHEN TO AVOID IT

 Mediation can be a tool for resolving your civil or family law dispute quickly and inexpensively. You might decide to work with a mediator to resolve your dispute without court involvement, or a judge might have ordered you to attend after the case is started. Either way, find out when, and how, mediation works best, and what to watch out for to signal this form of alternative dispute resolution isn’t right for you. Aylward Game Solicitors is a trusted family law mediation in Brisbane and our Brisbane family mediators are highly experienced in all family law issues.

WHEN CAN YOU USE MEDIATION?

Parties and courts use mediation as an alternative to traditional litigation in civil and family law cases. As a form of “alternative dispute resolution”, mediation takes parties out of the courtroom and gives them the space they need to resolve their disagreements with the help of a mediator. Sometimes, it can replace traditional court processes entirely. More often, however, it is used to cut short time-consuming and expensive litigation, avoid trial and save both parties money on family lawyer fees.

Family Law Mediators Brisbane

Mediation can be used at any point along the way in a family law matter. Some co-parents use mediation to set a custody and visitation schedule without going through the formality of the court system. Others have their divorce or custody dispute referred to mediation while the case is pending to avoid having to go to trial. Still, others use mediation to resolve disagreements that arise in how their judgments should be interpreted or carried out, or to decide when changes need to be made to address their children’s needs.

Mediation can be used to address:

• Custody and visitation
• Child support
• Spousal Support
• Property distribution in divorce
• School enrollment
• Disagreements over medical treatments for the children
• Post-judgment modifications to custody and visitation orders

Civil Justice for Victims of Crime

Victims seeking civil justice in the civil court system can also use mediation to avoid civil litigation, reduce costs, and possibly resolve their cases quicker. For victims of crimes, mediation can provide an opportunity to reach non-monetary settlements that otherwise would not be an available outcome at trial. For example, a victim of domestic violence or sexual assault may seek an apology or explanation from their perpetrator. Or a victim could seek a policy or systematic change relating to an institution that contributed to their harm.

When desired mediation outcomes are more than money, it is important that the survivor chose a trauma-informed mediator. The mediator must be able to perform the mediation in a way that recognizes the dynamics of the abuse, respects the healing process of the survivor, and values the non-monetary relief requested by the victim.

THE MEDIATION PROCESS

For most, the idea to meditate comes from one of the parties or their attorney’s suggestion. The parties can agree or even use the mediator to outline which issues will be mediated.

On the day of your mediation, you should expect to be welcomed to the facility, which may be a lawyer’s office, and made comfortable. Sometimes, the parties respective attorneys will also be part of the mediation. The mediator will then explain the process and any limits you or the court have set, and then will help you identify the issues and possible solutions to those issues. You should expect to be given an opportunity to explain how you think the case should be resolved and why, and listen respectfully as the other party does the same. The mediator may meet with everyone at once, or “caucus” with each side individually. Certainly, where restraining orders or issues of violence are present, the mediator must provide appropriate and safe accommodations for the victim. Ultimately, the goal is to work through each of the issues and find a solution that everyone can live with (even if it isn’t what you expected or would have preferred).

WHEN MEDIATION WORKS BEST

Most lawsuits resolve without ever having to go to trial. In many instances, that resolution comes with the help of a mediator. This person is a trained, independent third party, who helps both parties explain their priorities and needs, weigh their choices, and work through their differences. However, some cases are easier to mediate than others. Mediation works best when the parties:

Come Prepared With the Information They Need to Make Key Decisions

It is best to do your homework before coming to the mediation table. In the family law context, this could include:

• Creating a spreadsheet with all your financial accounts and retirement assets,
• Collecting credit card and bank account balances
• Getting pre-approved or investigating your eligibility for a loan or line of credit to buy out one party’s interest in the home,
• Vetting schools or child-care facilities and finding out whether they have a space for your children
• Creating a household expense budget for use in deciding an alimony award
• Identifying therapists or other experts that may help meet case-specific goals

In a civil lawsuit, this preparation often includes identifying the costs associated with the harm done and brainstorming non-monetary solutions that would give you the closure you need. To prepare for civil mediation, you and your attorney should:

• Identify desired results
• Gather supportive and compelling evidence to support your claim of damages in a civil case

Keeping the Focus on Practical Solutions for Recovery

If you are a victim of domestic violence or sexual assault, or a spouse in a messy divorce action, you may have justified and appropriate emotions wrapped up in the resolution of your case. However, these feelings of hurt or blame can sometimes interfere with a successful mediation. When that happens, you may end up facing the defense (such as your ex-spouse, employer et al) more frequently as you and your attorneys work through the litigation process.

It is important to try to set the emotional aspects of your case aside during mediation. Your mediator will be focused on what needs to happen moving forward to bring the case to resolution and what the parties need so they can accomplish those goals and priorities. To make mediation a success, keep your attention on what you need to be made whole, or what will happen after the order is entered. By focusing on the future, you will end up with a settlement that works.

WHEN MEDIATION DOESN’T WORK

Mediation can be great for resolving civil and divorce disputes, but it does not work in every case. Domestic violence, trauma, dominance and control issues, and other power imbalances can turn a tool for conflict resolution into a traumatic experience. That’s why every mediation should start with individual one-on-one domestic violence screening between each party and the mediator. This screening gives you the opportunity to explain what you need to feel safe and supported, and for the mediator to get a sense of whether you will be able to voice your opinions, needs, and wants in the mediation. If you have been the victim of verbal, emotional, or physical abuse, or if you have trouble saying no to your partner, be sure to tell your mediator upfront, so that she or he can respond appropriately to protect you and make sure mediation is right for you.

When Do Things Go Wrong?

Mediation also doesn’t work when the parties are simply too far apart on some issues. If either party has decided to demand his or her “day in court” or takes an all-or-nothing approach, mediation will fail unless that party starts to compromise. Remember that most successful mediations require both parties to give a little on issues that may not be their top priorities. When one party brings ultimatums to the negotiation table, it’s a good chance that mediation won’t work.

Sometimes when mediation doesn’t work it is because the parties are working with someone without the skills and training to help them come to a resolution. The way a mediator facilitates the discussion and handles the needs and emotions of each party can mean the difference between a mediation that works, and a case that is going to trial.

In any event, you are best advised to work alongside an experienced team of legal experts. Our single-line commitment is to providing proven advice and increasing your chance of a positive outcome. We can be reached on 1800 217 217 for more information on your matter.

Source: https://aylwardgame.com.au/when-mediation-works-best-and-when-to-avoid-it/

WILLS, ESTATE PLANNING & POWERS OF ATTORNEY

 

WILL PREPARATION BRISBANE

Preparing an Estate Plan and Will is one of the most important documents you will deal with in your lifetime and without professional advice, you could unintentionally leave your family with very complicated, difficult and expensive family law issues to resolve.

An up-to-date Estate Plan or Will allows you to;

• Decide how your assets will be distributed after your death;
• Choose who you want to manage the distribution of your estate;
• Provide for your family as you wish;
• Possibly save money on tax;
• Ensure your Superannuation and Life Insurance is dealt with as you wish; and
• Ensure any trusts or companies are properly managed.

Just as important as a Will is a Power of Attorney. A Power of Attorney is a legal document authorising another person to act on your behalf in managing your affairs. There are two types of Powers of Attorney;

• General Power of Attorney. If you give someone General Power of Attorney, that power will come to an immediate end if you lose capacity; and
• Enduring Power of Attorney. If you give someone an Enduring Power of Attorney, this means that he/she is able to continue to act as your attorney even if you lose capacity.

Often we review this at the same time as when discussing Wills.

In addition to your Will or Power of Attorney, you can consider an Advance Health Directive. This document states your wishes or directions regarding your future health care for various medical conditions. Your doctor will need to complete certain sections of this form, so it is important to discuss your intentions with them.

An Advance Health Directive comes into effect only if you are unable to make your own decisions, and speaks for you when you are not able to speak for yourself.

BRISBANE WILLS PREPARATION

WILLS, they aren’t always as simple as you may think they are. Yes, there are will kits around and you could save yourself money by doing it yourself. But have you included everything in your Will? Do you know the law in relation to Wills and Estate Planning, do you know how to draft the documents to ensure that your wishes are properly and accurately reflected in the documents that you sign. These are some of the questions to ask yourself.

Here at Aylward Game Solicitors, we have the experience to ensure you have properly addressed all your wishes. For example, gifts, have you ensured those collectable stamps will be left to the right person. Has your superannuation been set up correctly and do you understand how it is treated when it comes to your estate? It could be a simple Will or it could be a complex one and unless you speak to a professional, you may miss that crucial information. When you instruct us to take care of your Will preparation on your behalf, you will have the peace of mind of being aware that the complex issue has been handled efficiently and is also written in a language you understand.

We will even safely store the documents for you as an extra service at no additional cost. So contact Aylward Game Solicitors today and get your Will and Estate Plan reviewed prepared professionally to give you peace of mind. We will also visit you if required.

GENERAL POWER OF ATTORNEY

Preparation of General Power of Attorney

A General Power of Attorney is a document you can use to appoint someone to attend to your affairs (like financial decisions) when you are unable to for example, ie, if you were overseas. It is often used for a specific period of time or event such as selling a house. It is only used while you still have the capacity to make decisions. Once you lose the capacity to make decisions, the General of Power of Attorney ends.

Aylward Game Solicitors can assist you to decide who you are going to appoint as your attorney and help you through the procedure of what powers to provide the attorney and make ready the documents for you as well as witness your signature.

It lets you appoint individuals who you know and trust to make prudent decisions on your behalf. It is critical to choose the right people and to ensure that you give them the right powers at the time that they will need to use them.

ENDURING POWER OF ATTORNEY

Preparation of Enduring Power of Attorney

An Enduring Power of Attorney is a document that allows you to appoint an attorney or attorneys to act on your behalf for the purpose of financial and personal matters. It can come into play straight away, a certain date or when you lose the capacity to make your own decisions.

The power to make personal decisions made by your appointed attorney will only commence once you have lost capacity.

Aylward Game Solicitors can help you decide who is the best person to be your attorney to make these decisions then get the documents ready for you as well as witness your signature.

Enduring Powers of Attorney Revocation

Enduring Powers of Attorney are often attended to at the same time as discussing your Will.

It is also very important that if you have an Enduring Power of Attorney and are making changes, then you sign a Revocation of Enduring Powers of Attorney to properly revoke all previous Enduring Powers of Attorneys.

ADVANCED HEALTH DIRECTIVE

An Advanced Health Directive is a document that states your wishes or directions regarding your future health care for various medical conditions. It comes into effect only if you are unable to make your own decisions.

You can make an Advanced Health Directive if you are over the age of 18 and have the capacity to do so.

You can make an Advanced Health Directive at any time, however, it may be particularly important to consider one if:

• You are about to be admitted to hospital;
• Your medical condition is likely to affect your ability to make decisions;
• You have a chronic medical condition that could result in serious complications, for example, kidney or heart disease.

It is important to discuss this with your doctor, as part of the Advance Health Directive Form must be completed by a doctor. It is also important to discuss your wishes with your family.

You can change or revoke your Advance Health Directive at any time, provided you still have the decision-making capacity to do so. It is recommended that you review your directive every two years, or if your health changes significantly.

ADMINISTRATION OF ESTATES

Brisbane Estates Administration

When you are faced with the work of administering an estate as the executor, you may keep away stress, avoid complications and the time it will take by hiring Aylward Game who can take care of the process on your behalf. You remain in control, but Aylward Game will handle all the difficult matters for you.

If there is no will we are able to advise and assist you in relation to the intestacy rules and if necessary we can prepare and submit the application to the Supreme Court of Queensland for the grant of letters of administration.

We will prepare the application to the Supreme Court of Queensland for the grant of probate when one is needed and help you concerning intestacy rules if and when needed. We may prepare plus submit your application to the Supreme Court of Queensland for grant of letters of administration.

For advice and help concerning the Estates Planning Administration, Wills and Enduring Powers of Attorneys, you may contact Ian Field on 1800 217 217 today at Aylward Game Solicitors.

Article Source: Power Of Attorney Qld

What is an Easement?

 

What is an Easement?

By Aylward Game - Nov 22, 2017  Law In A Minute, Property Law

The easements are rights attached to the land, to use other lands in a particular way, that’s somebody else’s land it does not involve. The taking of natural resources or produce from the land, for example, timber or other vegetation or soil.

It may, however, prevent the owner of the other land from using that their land in a particular way. So an example of the easement is, where one owner allows another owner to have access to their land, that land advantaged by the easements called the benefited blot or the dominant tenement the land over. Which the easement is granted is called the burdened lot or the Serbian tenement. The benefit of an easement runs with the land runs with a benefit a lot that is it passes from one owner of the benefited land to the next simply the burden of an easement runs with the burdened lot. So the owner, of the burdened lot is continually burdened with that easement. The burden of the easement remains unless it’s surrendered or extinguished. You can only be surrendered by the person, who has a benefit of it and otherwise, extinguished in other ways the exception to this is in the case of an easement in gross where there is burdened a lot only to serve for the purposes of local government or local means instrumentalities. An example of an easement in gross is – where an owner allows the local authority to put drainage pipes under their land, so going ahead that’s been helpful for understanding some of the fundamentals of easements.

https://aylwardgame.com.au/practice-area/property-law/If you want any further assistance, please don’t hesitate to contact us on our website.

Article Source: what is an easement

What Every Business Manager Needs To Know About Unfair Dismissal

 

UNFAIR DISMISSAL? A term slung around very often.

But what do employers need to know, and probably don’t?

A useful statement from a senior Judge of the employment court in a mediation conference was where he told both lawyers that “it is all about conducting a proper assessment of the risks and making sure your clients understand them”. When considering dismissing an employee, it is probably timely to ask yourself the question – As an employer have you considered any and all risks that termination of an employee may bring upon you?

As an employer why should you avoid unfair dismissal claims and how?

An unlawful dismissal can cost an employer in terms of time, money, and reputation.  Claims can be multiple so are the remedy(s). To properly dismiss and to minimize your penalty risks, simply ask these questions from yourself, although the list is not exhaustive:

• Is termination the only way to address the employee’s conduct?
• Is this in accordance with the termination clause in the employee’s agreement?
• As a decision-maker, have you directed your mind correctly to the reason for termination and the consequences of your decision; and
• As a reasonable person in the employee’s shoes, do you consider the dismissal fair and reasonable?

What if the termination is the right call?

Whether it is a simple termination or summary dismissal, always double-check your facts, notes, and the history that led the situation to become what it is before you. At best, if the termination call is the right one, and unless the situation is not serious to warrant summary unfair dismissal, make sure that:

• You are not overreacting to a matter that may deserve a lesser action than termination;
• You have proper procedures in place to investigate the issue that gave rise to the termination and before terminating anyone;
• You give the employee a chance to narrate their side of the story within a reasonable time and accord them with the right to have support persons with them throughout the process and when you are investigating the matter before you;
• To allow a fair investigation, you provide the employee with paid leave (This may sound costly, but the result will generally be to your benefit in the long run); and
• You only terminate if the agreement allows you to do so, and ensure that you are correctly interpreting your termination clause.

What if you are unsure that termination is the right call or not?

The employer’s quagmire would be when the employer is unsure of dismissing an employee or not.  Obviously, it is a natural expectation that as an employer you wish to save face with other employees, and accordingly do not want to take the wrong step. It is, therefore, always better to seek qualified employment law advice if you are unsure whether to fire or keep an employee.

Can you fire your employee when the relationship of trust and confidence is broken?

The answer may be drawn from a law maxim; “lex neminem cogit ad vana seu inutilia peragenda” which means; the law does not compel one to do useless things.

That is, if you and the employee cannot work side-by-side and you have valid reasons, providing such a term is stipulated in the employment agreement, you may terminate the employee. To do so, however, you need to ensure you have valid supporting documents as proof that the relationship of trust and confidence between you the employee, was broken such that the relationship was unsustainable. You also need to ensure that in a valid termination, all accrued entitlements are paid to the employee without delay or hindrance and that you document everything you do.

If you face the difficult task of firing your staff, for whatever reason, then speak to an experienced employment lawyer on 1800 217 217 today.

Article Source: Unfair Dismissal Lawyers Brisbane

 

WHAT YOU NEED TO KNOW ABOUT CEASE & DESIST LETTERS

This is legal terminology that often strikes the very core of our business world. Demand letters relating to the alleged infringement of intellectual property rights are often referred to as “cease and desist letters”. Be that as it may, let it be clear that the term wrestles with some other non-business matters as well. For the purposes of our discussion, the meaning and the implication of the term is simplified as follows:

Cease and desist letter made it easy to understand

Our daily lives among many other things are affected by the conduct we are experiencing and the interactions we have with people. We regulate and accept conducts that are aligned with our interests. So, when we see conduct that is unacceptable to our principles/rights, our natural tendency is to see that unacceptable conduct to stop IMMEDIATELY.

This is where the cease and desist letter becomes both meaningful and mechanical. You are basically putting the other party on notice that the type of conduct you are seeing in them ought to be stopped and you really mean it!

Why cease and desist letter is my first step?

The law of good faith requires the members of society to exhaust all measures they can to avoid a court battle. The cease and desist letter may be your first step and the cheapest one that you could do through your lawyer when you desire to see unacceptable conduct stop. No matter how much you feel justified, and how absolute you see the other party at fault, you need to do this before even thinking to pick up a fight with someone to safeguard your rights.

What are the areas covered by the cease and desist letter?

In general, the scope is pretty wide. It can be used to stop someone from defaming you or someone who you deem breaks the law to the disinterest of your business, or someone who breaches the rules of commerce. So yes, it covers both your personal and business life.

How effective is a cease and desist letter?

It all depends on the circumstances and there are many variables involved that can make a cease and desist letter effective or non-effective at all. But, the good news is that it works in most circumstances, and here is the prime reason; When you demand your rights, you are demanding this with reason and essentially you are telling the other party that stopping the non-acceptable conduct right now is not only for your own good but also for the other party to avoid unnecessary hassles and litigation costs. In other words, you are telling them quite nicely that if they stop now, you may not seek any penalty, but if they don’t, you will do so at their peril.

How could I opt to have this letter issued?

No matter how frustrated and upset you may be, my recommendation is not to panic and stay cool. Anger defeats any rational decision-making process. Take the letter or proof of what you consider an infringement of your rights to your lawyer and let him/her advise you as to how to construct a good cease and desist letter and always stay positive and energized.

Source: Cease and Desist Letters

Early Super Access! How to exercise your rights during COVID-19

Needing early super access? You’re not alone.

In the wake of the recent COVID-19 pandemic, the Government has allowed early access to superannuation funds for a certain group of people and traders. Although the early access prescription appears easy to follow, there can be cases that fall on the eligibility borderline. The scales weigh more on the side of eligibility rather than the ineligibility side of early access for the applicant. The simple consequence of this misinterpretation could risk an eligible applicant becoming an ineligible one. 

What did the Government say?

The Government would allow early access to the super funds by those affected by the COVID-19 crisis. Basically, an eligible super funds member can withdraw $10,000.00 this financial year which ends on 30 June 2020, and another $10,000.00 next financial year which starts as of 1 July 2020. This is tax-free the Government said.  The measure is designed to address the existing hardship on the eligible individuals and traders to whom this new ruling would apply. 

I am currently employed but my wife has been made redundant. Can we both apply for early access to our super funds?

If you are still working and it is only your wife who has been made redundant after 1 January 2020, then your wife can only exercise her right of early access to her super funds. To become eligible, she needs to show that either: 

• As an individual, she was made redundant by her employer, or her working hours reduced by 20% or more; or
• As a sole trader, her business has suffered a 20% or more reduction in her turnover.

I am unemployed but receive a job seeker payment. Can I still apply for early access to my super funds? 

Yes, you can.

I receive a youth allowance for job seekers. I have not many funds left in my super. Can I still apply for the early access, or do I need to have a minimum available in my super funds?

Yes, you can. So far the Government has not set a benchmark for the available funds in a super account. The Government has however defined the maximum that can be withdrawn from the super funds in this and next financial year.

I currently receive parenting and some other special payments from Centrelink, can I still apply for early access to my super funds?

Providing you meet the individual, or, the sole trader tests above, yes you can.

Having read your article here, I now know that I am eligible to have early access to my super funds, how do I do it?

Applications are to the ATO via the My Gov website. The process is pretty simple. The ATO will verify the applicant, assess the application, record the bank account details, and make a decision. The ATO will then direct the nominated fund to release the requested amount to the bank account specified by the member. It is essential to know is that the member does not need to contact his/her super funds at all in the process.

Just so I could educate myself, what is the total amount that this scheme will allow to be accessed from the super funds, and how much more will be left in the super after?

According to the Government, it is estimated that around $27 billion funds might be taken out via early release, however, this is less than 1% of a circa $3 trillion superannuation in the system owned by the Australian members.

Article Source: Early Super Access