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LAND RESUMPTION NEWS - $510,000.00 SECURED IN COSTS

angela.atkinson@kellylegal.com.au (Angela Atkinson) — Fri, 26 Apr 2024 08:57:16 GMT

LAND RESUMPTION NEWS - $510,000.00 SECURED IN COSTS

Legal and other costs paid by resuming authority may now outweigh compensation paid by Department of Transport and Main Roads

Kelly Legal is pleased to announce its client, Mr Clive Desbois, has been paid the sum of $510,000.00 for costs associated with his successful claim for compensation against the Department of Transport and Main Roads after his land was compulsorily resumed for the Mackay Ring Road. The costs paid by the Department of Transport and Main are in addition to the $1,018,385.00 (plus interest) that was previously awarded to Mr Desbois as compensation for the value of his land that was resumed. It is also in addition to the costs that the Department was ordered to pay Mr Desbois after an appeal to the Land Appeal Court was successfully determined in his favour.

Background

The payment of costs is the final step in what has been a long process for Mr Desbois, who was forced to commence proceedings after the Department of Transport and Main Roads resumed his land in 2016 and offered him $67,000.00 for it. After a lengthy litigation process involving expert evidence and a week-long trial, in late 2021 Mr Desbois was awarded compensation totalling $948,961.00. This amount was later increased following a successful appeal by Mr Desbois, with the amount of compensation payable to Mr Desbois being increased to $1,018,385.00 plus interest. The Department was also required to pay Mr Desbois’ costs.

Comment

Given the amount of costs that the Department has now been ordered to pay Mr Desbois for both the initial Land Court hearing, and the appeal to the Land Appeal Court, as well as the costs that would have been paid to the Department’s own lawyers and experts, it may now be the case that the costs incurred by the Department of Transport and Main Roads in fighting Mr Desbois’ claim for compensation will exceed the compensation that it was ultimately ordered to pay.

If it is the case that the Department is willing to spend more on costs than what the landowner is entitled to be paid for compensation, then (as we have previously written here ), we consider it is an appropriate time for a review of Queensland’s compensation laws, particularly regarding the costs provisions which, when compared to every other state and territory, could be interpreted as a deterrent to dispossessed land-owners seeking compensation through the Court system.

Another win for fair compensation!

Tue, 04 Oct 2022 02:46:07 GMT

Kelly Legal and The Property Law Centre team are pleased to have been able to assist Mr Clive Desbois in his fight against the Department of Transport and Main Roads (‘the Department’) for fair compensation following the resumption of his land for the Mackay Ring Road Project.

The most recent victory by Mr Desbois is an important one – apart from increasing the amount of compensation paid to Mr Desbois, the decision means that Mr Desbois is the only party entitled to a costs order being made in his favour. Kelly Legal is pleased to confirm that the Land Court has now made orders requiring the Department to pay Mr Desbois’ costs on top of the compensation already payable.

Summary of the legal battle

On 12 August 2016 the Department compulsorily acquired land from Mr Desbois offering to pay only $67,000.

After initial attempts to negotiate with the Department proved unsuccessful, in 2019 Mr Desbois was forced to file an application in the Land Court for adequate compensation. The Department maintained that the land resumed was worth only $67,000.00.

After a lengthy litigation process involving expert evidence and a week-long trial, in late 2021 Mr Desbois was awarded compensation totalling $948,961.00.

Both the Department and Mr Desbois were dissatisfied with the amount awarded and filed appeals. In its appeal the Department maintained that compensation should only be $67,000, whilst Mr Desbois sought an increase in compensation.

The Department’s appeal was ultimately dismissed while Mr Desbois’ appeal was granted. The Department was ordered to pay Mr Desbois’ costs of both appeals, and the matter was sent back to the Land Court to be reconsidered.

After further argument from both sides, on 26 August 2022 the Land Court delivered its reconsidered decision, increasing the amount of compensation to $1,018,385.00 plus interest.

Effect on court costs

Importantly, the increased compensation award had the effect of entitling Mr Desbois to apply for his costs of the Land Court proceedings. As a result of the somewhat unusual operation of the Queensland’s acquisition laws and their costs provisions (which have not been amended since 1967), the initial award of compensation did not entitle Mr Desbois to apply for his costs.

The Land Court has now ordered that the Department pay Mr Desbois’ costs on top of the compensation awarded to him.

Legislative considerations

Kelly Legal considers that it is an appropriate time for a review of Queensland’s compensation laws, particularly regarding the costs provisions. The current position in Queensland (and indeed the position that has existed since 1967) is that unless a landowner beats what is referred to as the ‘mid-point’ between the amount they claim in compensation and the amount the Department (or any other resuming authority) contends is the appropriate amount, then they will have no entitlement to claim their costs of the proceeding. This is an unusual provision, particularly when contrasted to other states such as NSW where the power to award costs is discretionary and it has been held there that:

“…in the ordinary course, a dispossessed owner can expect to obtain the usual order for costs in their [sic] favour, particularly when the amount of compensation determined is greater than that offered by the resuming authority”.

- Jagot J in Simpson v Bagnall [2008] NSWLEC 79.

If a similar approach to that which is employed in NSW was adopted in Queensland, it would go some way to restoring some faith in disposed landowners that they won’t be disadvantaged in seeking fair compensation for land that has been taken from them, and quite often, taken without their consent. It would also not prevent the Court from exercising their discretion and declining to award costs if that is the appropriate course, for example where a disposed landowner may be found to have acted unreasonably or to have rejected an otherwise reasonable offer by the resuming authority.

In 2014, following what has been described as ‘years of disquiet’ about its acquisition legislation and its enforcement by resuming authorities, the NSW government commissioned David Russell SC (now a judge of the NSW District Court) to carry out a broad review which resulted in a number of positive recommendations being implemented by the government. Given the approaching 2032 Queensland Olympic Games, it’s likely that the number of people affected by land resumptions will only grow. Although it is an issue that touches only a small number of people, those that have been through the resumption process know just how difficult it can be to achieve fair and reasonable compensation. A similar review to that carried out in NSW may provide some assurance to Queensland landowners that if they become part of that small minority, they will not be disadvantaged during the resumption and compensation process.

Kelly Legal - we’re With You

Sean and Patrick Kelly of Kelly Legal, together with Errol Morzone QC and Denika Whitehouse of counsel, assisted Mr Desbois throughout the initial proceeding, the appeal process, and the remitted proceeding.

With offices located in both Mackay and Brisbane, Kelly Legal provides expert guidance to clients throughout Queensland. If you have been affected by a resumption or believe that you may be affected be a proposed resumption, please don’t hesitate to contact a member of our friendly and experienced team to help you through the process.

Starting a Relationship

jai@clearpixel.com.au (Jai Warner) — Tue, 17 Aug 2021 08:42:16 GMT

Starting a new relationship at any point in your life is exciting and emotionally charged. But you may also find yourself somewhat nervous about protecting the assets you bring to the relationship.

The family law solicitors at Kelly Legal can assist with preparing financial agreements, such as pre-nuptial agreements, to ensure both you and your partner understand what happens to your assets and finances should your relationship end.

Married and de facto couples can make financial agreements before, during or after their relationship ends.

Financial agreements can be particularly important for second marriages as it is likely one or both parties bring significant assets into the relationship that may need to be protected in the event of separation or divorce.

You may also consider a more thorough financial plan, such as an estate plan, that includes the creation of a will and plans for your superannuation should they be needed.

Safeguarding yourself and your partner is vitally important, so contact the Kelly Legal Family Law team today on 4911 0500 about getting the legal advice you need to protect everyone’s interests.

Pre-nuptial Agreements

Pre-nuptial agreements are financial agreements typically created by a couple before they are legally married, seeking to set out how assets should be dealt with in the event they my subsequently separate.

De facto couples can also make financial agreements and they play a vital role in the division of assets and property if a relationship ends.

A pre-nuptial agreement is particularly important if one party has significant assets they bring to the relationship and want to protect.

This can commonly be the case with second marriages, especially where children from previous relationships are involved, so it is important to establish thorough and appropriate financial agreements. It is important to know that your Will may be revoked or cancelled if you marry again so legal advice is vital.

The experienced team of family law specialists at Kelly Legal will carefully guide you through the development of your pre-nuptials considering things like:

Independent Legal Advice. Both partners need to be represented by their own legal counsel who must certify that independent legal advice has been provided before the agreement is signed by the party to the agreement.
Complies with the Family Law Act. Your pre-nuptial agreement may be dismissed if not drawn in accordance with the legislation so make sure it is legally binding by getting proper legal advice.

All couples should consider a pre-nuptial or financial agreement so contact Richard Callaghan and his team on 4911 0500 today.

Estate Planning

Estate planning is the careful and thorough preparation for the distribution of your property, assets and wealth to your loved ones when the time comes.

Contact us to discuss an estate plan that sees the straightforward transition of your property, property that you have worked so hard to accumulate.

Our Estate Planning Services include:

Creating or updating a Will
Asset Protection
Superannuation
Enduring Powers of Attorney and health directives
Testamentary trusts
Joint ownership of property

Whatever stage of life you are in an Estate Plan is essential. Contact us to ensure your property and loved ones are protected and safeguarded when it matters most. Call 4911 0500 today.

Ending a Relationship

jai@clearpixel.com.au (Jai Warner) — Mon, 16 Aug 2021 08:59:16 GMT

The end of a relationship is a highly emotional, stressful and confusing time is anyone’s life.

That’s why it’s vital to have an expert Family Law team, with genuine interest and care for you, in your corner.

When a couple decides to separate , or their relationship breaks down, there are many decisions that need to be made. While these decisions may seem ‘practical’ – where everyone will live, how things are to be paid for, who has the children and when – they can also be extremely emotional and challenging.

Years of experience in Family Law means the team of solicitors at Kelly Legal have seen first-hand the importance of mediation and legal advice as early as possible.

Contact Richard Callaghan and his team of experienced family law solicitors on 4911 0500. With a genuine interest in you and your situation, they will guide you towards the best outcome for you and your loved ones.

Mediation when ending a relationship

Mediation is commonly used in the resolution of parenting matters; property matters and spousal maintenance matters.

Mediation is available on a private basis when both parties engage their own legal representative and participate in a process of communication and negotiation towards a mutually agreed and beneficial resolution.

In the mediation of parenting matters a qualified Family Dispute Resolution Practitioner (FDRP) is recommended. Read more about mediation in parenting matters here .

A skilled family lawyer may be able to recommend a mediator, or you can find mediators in private practice or through services such as Relationships Australia or Family Relationships Online .

Some of the benefits of using a mediator include:

Calming and neutralising of emotions, leading to better outcomes for all, especially children
Helping to clearly define the issues at hand and decisions that need to be made
Preparing legally binding Consent Orders that can be filed with the Court
Maintaining legal costs by avoiding protracted litigation associated with a trial

It is important to understand that mediation is not an opportunity for reconciliation or a substitute for relationship counselling.

Mediation provides the framework for parties to work through issues like:

How property, assets, liabilities and superannuation interests will be handled
Creating a pathway for parenting arrangements including child support
Determining and negotiating financial obligations, especially for children

Call today on 4911 0500 to book an appointment and take the first steps in the right direction.

Separation

Separation and divorce are terms that are often confused and used interchangeably. It is important to understand the difference, and the legal implications, of each.

Separation, in its simplest terms, is when you stop living together as a couple. This doesn’t mean someone must physically move out of the home, rather you both have the understanding that your relationship has ended, and you have separated as a couple.

You do not need to make any official notification of your separation however, there are a few things to consider:

Make immediate decisions regarding the care of children and dependants
Determine ongoing living arrangements for yourself, your partner and children
Let your close family and friends know to ensure they can support you
Inform important organisations like Centrelink , Department of Human Services (Medicare, Child Support etc), your bank, financial institutions, superannuation and insurance providers may also need to know the change in circumstances
Ensure you understand your financial and property affairs as you will need to divide your assets between you fairly and equitably
Consider estate planning , especially changing your Will if your partner is the primary beneficiary

The timing and pace of separation is different for everyone, but it is important to remember that you are still legally married, even though you have separated.

When the time is right, and a minimum of 12 months has passed since separation, you are legally able to file for divorce . If you have been married for under two years, different circumstances may apply.

There are many decisions to be made following separation and the Family Law team at Kelly Legal are experienced in guiding and supporting you towards the best outcome.

Separation is a major decision and an emotional time, so call the Family Law team at Kelly Legal on 4911 0500, we’ll guide and support you when you need it most.

Divorce

Divorce is a legal process in which you are notifying the Court that you have ended your marriage.

Once you have been separated for a minimum of 12 months you can apply to the Federal Circuit Court for a divorce by yourself, as a sole applicant or together as a joint application.

If you have children with your partner, you will need to satisfy the Court that there are appropriate parenting arrangements in place.

A divorce does not finalise issues such as property settlement , child support or spousal maintenance at the time of getting a divorce. There are timeframes in place for when these matters need to be settled so good legal advice is important and timely to ensure the best outcome for you.

Applying for divorce brings forth a range of emotions that differ for everyone. Call the Family Law team at Kelly Legal on 4911 0500 today to discuss how to best get this process started for you.

Spousal Maintenance

Spousal maintenance is available under the Family Law Act as a potential assistance payment for married or de facto couples who have separated .

Periodical or lump sum payments are made by one spouse to another to financially support that party following separation .

Spousal payments are a separate assistance to child support however, child support payments take priority over spousal maintenance.

An application for Spousal Maintenance can be made following separation and the experienced Family Law team at Kelly Legal will start this process for you quickly if required.

Spousal maintenance exists to ensure a party is financially supported following separation . Financial assistance payments are made where there is an imbalance in income or earning potential, especially if one party has taken time out of the workforce to care for children.

Spousal maintenance payments may cease if there is a change in circumstances relating to:

· Improvement in financial situation or earning potential

· A new marriage or de facto relationship

· Changes in caring for children

Whether you are seeking spousal maintenance, or it has been requested of you, Kelly Legal’s family lawyers will provide you with straightforward and thorough legal advice. Call today 4911 0500.

De Facto couples

A de facto relationship in Australia is a legal relationship and is defined by several conditions:

You are not legally married
You are not related by family
You have a relationship as a couple living on a genuine domestic basis
Usually, you will need to have lived together for more than two years prior to bringing an application to Court in relation to property of the de facto relationship
5.4AA of the Family Law Acto 1975, assists in identifying what may be a de facto relationship

As a de facto couple your rights are similar to those of a married couple and therefore the process of separation is similar. Property settlement , child support and spousal maintenance must all be considered and settled.

When a de facto couple separates there is a two-year period in which proceedings in relation to property must be brought and in this case the date of separation is important.

Richard Callaghan and his Family Law team are experienced in handling de facto separation with genuine interest, care and respect for everyone. Call 4911 0500 today to schedule an appointment.

Property Settlements

jai@clearpixel.com.au (Jai Warner) — Sun, 15 Aug 2021 09:34:57 GMT

The decisions you make during separation or divorce are often some of the greatest emotional and financial decisions of your life.

At Kelly Legal we understand how difficult separation is and this is where our experience and expert legal advice ensures you make the best, informed decisions about your entitlements when dividing your assets and property.

Independent legal advice will help you to understand your rights and can also help you and your former partner reach an agreement without court proceedings.

Informal agreements are not legally binding and will not be enforceable in court. There are two options for legally finalising property settlements following a negotiated agreement:

A financial agreement prepared in accordance with legislative requirements, or
An order made by filing in court an Application for ‘Consent Orders’

with an experienced family lawyer will ensure you understand these options.

Richard Callaghan has over 30 years’ experience in family law and is a well-known property settlement specialist. Contact Richard and his team of family law solicitors on 4911 0500 today to secure your financial future.

Mediation in property settlement

Mediation is commonly used in the resolution of parenting matters ; property matters and spousal maintenance matters.

Mediation in property settlement may assist both parties to agree on arrangements for property without having to go to court.

Mediation is when both parties engage their own legal representative and participate in a process of communication and negotiation towards a mutually agreed and beneficial resolution.

Mediators practice privately or can be found in various mediation services such as Relationships Australia , the Family Relationships Online website or Centacare . You can also phone Family Relationship Advice line on 1800 050 321 .

Mediation provides the framework for parties to work through issues like:

How property, assets, liabilities and superannuation interests will be handled
Determining and negotiating financial obligations, especially for children

Call today on 4911 0500 to book an appointment and take steps in the right direction.

Property Settlements

Property settlement is the process of dividing assets and liabilities of the relationship in a ‘just and equitable’ manner if seeking Court Orders. Just as every family is different so too is every property split.

Your property settlement will be influenced by several factors, including:

The net asset pool (assets and liabilities)
Contributions of each party (financial and non-financial)
Future needs of each party (parenting arrangements and income)
Is the split ‘just and equitable’?

Some property settlements might be relatively straightforward whilst others can be particularly complex.

A Kelly Legal family law solicitor will advise you on the options available to you and your former partner including mediation , financial agreements , consent orders or commencement of court proceedings, where an agreement is unable to be reached.

Our family law team will take a compassionate yet practical approach to your property and financial matters guiding you to the very best outcome for your financial future. Call 4011 0500 today to arrange an appointment.

Financial Agreements

Where you and your former partner can reach an agreement on your financial matters a financial agreement can be made.

A financial agreement records the terms of your property settlement without the need for court proceedings as it is a private arrangement that does not require court approval.

Because a financial agreement does not need court approval, in some cases the agreed settlement may be more advantageous to one party. To ensure you receive what you are entitled to in a settlement it is vital to have legal representation and support.

When negotiating and entering into a financial agreement both parties must receive independent legal advice prior to signing the financial agreement. Each lawyer will then sign a certificate confirming they have provided advice to their client.

The emotional burden of a separation can make it difficult to clearly focus on your financial future and this is where the family law team at Kelly Legal can help. Contact us today to discuss your options, call 4911 0500.

Consent Orders

If you and your former partner agree on the terms of your financial settlement you may choose to present a consent order to court in place of a private financial agreement.

The main difference between a financial agreement and a consent order is that a consent order is filed with the court and the court will determine whether the order presented by separating parties is ‘just and equitable’.

A consent order that is presented to the court outlining a property settlement may also detail parenting arrangements .

Contact Richard Callaghan and his team today to get started on securing your financial future. Call 4911 0500.

Parenting Matters

jai@clearpixel.com.au (Jai Warner) — Sat, 14 Aug 2021 09:09:40 GMT

Understanding what will happen to children following separation can be a worrying time for parents. Getting support and guidance from a team of legal experts will help you understand what the coming months or years may look like.

The experienced and caring team at Kelly Legal with work with you to understand your situation and ensure the best interests of your family are considered. Contact the team today on 4911 0500 to schedule a time with our Mackay-based team of family law solicitors.

Parental rights and responsibility

There are no set rules for how separated families determine parenting arrangements, however under Australian Family Law children have a right to “enjoy a meaningful relationship with both parents and be protected from harm”.

Separated families are not required to go to court to formalise ongoing parenting arrangements and with the help of the Kelly Legal Family Law Team, you can create a signed and agreed ‘Parenting Plan’ . It is important to note that Parenting Plans are not legally enforceable but may be considered by a court if necessary, in the future.

If both of the separated parties agree to terms of the parenting arrangements then that agreement may be formalised by making an application to the Family Court to have it made as an Order of the Court, by the consent of the parties, as a ‘Consent Order’.

A Consent Order is a legally binding and enforceable document.

Some other key points to note when considering parent arrangements include:

While a child is under 18 years of age, both parents continue shared parental responsibility
‘Equal Shared Parental Responsibility’ means both parents share parental responsibilities for major long-term issues ie, schools, health, religion etc
Equal shared parental responsibility is not the same as equal time
There is no requirement for children to spend equal or 50:50 time with each parent
Consider the needs of each child to determine an arrangement that best suits the individual and their ongoing relationship with each parent
A court will give greater consideration to the need to protect children from

Richard Callaghan and his Mackay-based team of family law solicitors are experienced in handling all manner of parenting arrangements and situations. Contact them today on 4911 0500 today to discuss how they can support you and your children in achieving the best outcome for all.

Mediation in parenting matters

Mediation in a children’s matter is required to be attempted prior to proceeding to Court.

In the mediation of parenting matters a qualified Family Dispute Resolution Practitioner (FDRP) should be considered if you have not been able to agree on parenting arrangements and must be attempted in you need to proceed to court.

A FDRP is qualified to issue Section 60I certificates to certify to the court that an attempt at mediation has been made. A Section 60I certificate is required to commence court proceedings related to children’s issues.

If either party refuses to attend mediation a certificate will also be issued to confirm that mediation could not proceed.

A certificate is necessary prior to commencing proceedings in court unless the matter is urgent in which case the court will require an affidavit setting out why a certificate is not provided.

Call Kelly Legal today on 4911 0500 to make an appointment.

Parenting plans

Children of separated parents need love and support during what is undoubtedly a very difficult time. It is also important to quickly agree on some certainty about the future for the whole family.

Separating parents are encouraged to formalise parenting arrangements themselves, in the form of a parenting plan, avoiding the need to go to court.

A parenting plan is a written agreement, signed and dated by both parents and outlines key parenting arrangements. A parenting plan is not legally enforceable, but it is vital to seek independent legal advice before signing a parenting plan.

For a parenting plan to be recognised it must be made free from threat, duress or coercion.

Your parenting plan should take into account the individual needs of each child and may take into account the following:

Parental responsibility and decision-making for major issues (e.g. school, health, religious observations)
Who the child will live with and how much time is spent with each parent and other individuals (e.g. grandparents)
How the child will communicate with each parent
Arrangement for special dates, times or events (e.g. Christmas, Easter, school holidays, birthdays, Mother’s Day, Father’s Day)
Day-to-day requirements for the child (including sport, extra-curricular activities, health-related requirements)

You may also find it helpful to include processes to resolve conflicts or disputes that may arise or if variations are required to your parenting plan.

The family law team at Kelly Legal will guide and support you in creating a parenting plan with yours and your children’s best interests at heart. Contact them today on 4911 0500 today to discuss how to get started.

Consent orders

A consent order is a written agreement that has been approved by the court and is legally binding. Consent orders may be used in property settlement , spousal maintenance and/or children’s matters .

Where separating couples can finalise an agreement for a consent order, they will benefit from having a legally binding document without the expense and time involved with court proceedings.

Parties may choose to put a court-approved consent order in place, rather than an agreed parenting plan , if there is a preference to be bound by a legal document and to provide some finality and certainty for the future.

At Kelly Legal, the team of family law experts will assist you at every step and provide the legal advice and support you need when considering options for consent orders. Call 4911 0500 today to make an appointment and start of the path to a clearer future.

Child Support

Parents in Australia have an obligation to provide emotional, physical and financial support to their children and when a relationship ends this does not change.

The amount of financial child support, “who-pays-who” and when can be complicated so let the experienced family law team at Kelly Legal guide you through your options.

You may choose to enter into a private arrangement or utilise The Department of Human Services who are responsible for implementing child support payments in Australia. In either case, independent legal advice is vital to ensure your best interests have been considered.

The formula applied by the Child Support Agency for calculating child support payments takes into account a range of factors including:

Incomes of both parents
The amount of time a child will spend with each parent
Number and ages of children
The costs of raising children based on their age

Richard Callaghan and his team of family law solicitors can help you understand and negotiate a child support agreement with your former partner. Contact Kelly Legal today on 4911 0500 for an appointment.

Relocation or recovery of children

Family separation is difficult and for some leads to the decision to abduct or relocate with a child.

Prompt, accurate and independent legal advice is vitally important if you are wishing to relocate or conversely if your former spouse or partner is wishing to relocate or has relocated with the child or children without your consent. Whether the relocation is permanent or temporary you should seek immediate legal advice.

Where overseas travel is required for children, both parents must sign the passport application or give consent if the child already has a passport. Seek legal advice if you are concerned your child will travel overseas without your consent.

Kelly Legal will act with genuine care, compassion and professionalism to support you and your loved ones at an extremely challenging time. Call 4911 0500 now if you have concerns regarding the relocation or recovery of your children.

Domestic & Family Violence

jai@clearpixel.com.au (Jai Warner) — Fri, 13 Aug 2021 09:39:33 GMT

If you or your family have been subjected to domestic or family violence, you don’t have to face legal proceedings on your own.

Our compassionate and caring team will provide guidance and support with your safety and protection as their utmost priority.

Domestic and family violence behaviour is recognised as any of the following:

Physical or sexual abuse
Emotional or psychological abuse
Financial abuse
Threatening or coercive behaviour
Controlling or dominating behaviour, causing fear for a person’s safety or the safety of someone else

At Kelly Legal, our family law team can assist you with:

Filing or responding to a Domestic Violence Order (DVO)
Negotiations between parties mentioned in a DVO
Legal representation in court
Urgent application for DVOs and Protection Orders

If you or someone you love has been impacted by domestic and family violence and you need legal assistance, contact the expert family law team at Kelly Legal today on 4911 0500.

Useful Family Law Resources

jai@clearpixel.com.au (Jai Warner) — Thu, 12 Aug 2021 09:42:00 GMT

Relationships Australia

CentaCare CQ

https://www.centacarecq.com/family-marriage/

Know your acquisition rights

jai@clearpixel.com.au (Jai Warner) — Mon, 31 May 2021 03:12:50 GMT

All levels of government - federal, state and local - have powers to compulsorily acquire land for government purposes.

In Queensland, compulsory acquisition is primarily administered by the Acquisition of Land Act 1967 (Qld). Under the Acquisition of Land Act 1967 (Qld), the purposes for which land may be taken are varied and include roads, railways, soil conservation, dams, drainage and even “experimental farms”. Other legislation also authorises the taking of land including the Electricity Act 1994 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld).

If land is proposed to be acquired, the constructing authority must serve the landowner with a Notice of Intention to Resume. The Notice of Intention to Resume will specify the date by which the landowner may object to the resumption. Following a hearing and consideration of any objections, a final decision will be made by the constructing authority. If the compulsory acquisition is approved, a formal proclamation is published in the Government Gazette.

Unlike compulsory acquisitions by the Commonwealth, the entitlement to compensation on just terms provided for in the Constitution does not apply in Queensland. Instead, the Acquisition of Land Act 1967 (Qld) generally entitles a person having an interest in the land resumed to compensation and identifies the principles to be taken into account when calculating the compensation payable.

In determining the compensation payable, regard will be had to the “highest and best use” of the property and not necessarily its current use. Compensation may also be available for “disturbance costs” incurred as a result of the resumption. Disturbance costs may include legal costs, the cost of purchasing a replacement property, removal and storage costs and loss of profit or other economic losses due to the interruption of business. If the amount of compensation cannot be agreed upon, the landowner can apply to the Land Court for an assessment.

If your land is affected, or potentially affected, by a compulsory acquisition, you will often be invited to a meeting with the authority intending to resume the land. It is critical that before you agree to such a meeting that you understand your rights and obligations under the Acquisition of Land Act 1967 (Qld) and obtain appropriate advice.

Slip hazards – the law of negligence

jai@clearpixel.com.au (Jai Warner) — Mon, 31 May 2021 03:07:51 GMT

A common situation that we would have all witnessed in shopping centres is when there is an accidental spill of a drink, ice-cream, or anything that can create what we will refer to as a “slip hazard”.

If you are the unlucky one who comes across that slip hazard and it results in a fall and an injury, you are not automatically entitled to compensation.

To enable a claim for personal injury to be successful, it is essential to prove that another person was responsible for the accident that caused your injury. That is, you need to establish negligence.

To prove negligence, you must show that another person, or entity, failed to uphold their duty of care. This involves various considerations including whether the incident was reasonably foreseeable.

In the case of a slip in a shopping centre, there have been various cases that have explained how negligence is to be established. Was there adequate measures taken to avoid the risk?

One of the first investigations we would suggest in these cases is to examine the cleaning records of the shopping centre. Those records can be the telling point as to whether you will have a case or not.

If you are not sure whether you have a claim, it is best to find out. We will look into that claim for you, at no charge, to determine your individual circumstances and advise you accordingly.

The myth of the 50/50 split

jai@clearpixel.com.au (Jai Warner) — Mon, 31 May 2021 03:06:34 GMT

Clients are often mystified as to the calculation of a just and equitable division of property between parties to a marriage, de facto or same sex relationship.

For decades, there has been a misconception amongst the public that at the end of a relationship, each party is automatically entitled to 50% of the property pool. This is simply not the case.

In fact, the calculating of what a person’s “just and equitable” entitlement is can be a long and arduous road.

Prior to judgment of the High Court of Australia of Stanford v Stanford in November 2012, the courts in family law matters adopted a four step process in a property settlement application.

It seems now that any court in considering an application for division of matrimonial or defacto property must first determine the legal and equitable interests of the parties then determine whether it would be just and equitable to make an order altering those interests.

If at this first new step the court assumes that it would be just and equitable to divide property then the old four step process would be considered as follows:

1. Identification and valuation of the property pool
Identify the net pool of assets (including superannuation) of the relationship – whether they are in your name, your spouse’s name, or joint names.

2. Assessment of the contributions of the parties
Identify the contributions, both financial and non financial, made by each party to the relationship, and also take into account any indirect contributions in a financial and non financial way. Direct financial contributions will be by way of earnings, and indirect contributions will be by family or friends and may include financial contributions, i.e. gifts in that regard, and non financial contributions by family and friends will be by way of assistance they may provide, e.g. constructing fence, carport, stairs. The parties to a de facto/marriage relationship would expect that ultimately assets will be divided in accordance with the assessed percentage of contributions.

3. Adjustments for future factors
At this point the court will consider whether the assessed contributions at step 2 need to be adjusted by giving further weight to any future needs aspects including age, state of health, or earning capacity, and obligation by one party to care for the child (if any) of the relationship. Contributions financially throughout the relationship/contributions in relation to homemaking responsibilities and caring for children will also be considered.

4. Assessment of justice and equity
At this point the court will consider whether the proposed apportionment identified at step 3 will meet the overruling obligation to divide the assets on a just and equitable basis. If the court is not satisfied that the proposed apportionment will meet the just and equitable requirement the assessment will be reviewed.

Things to be mindful of when separating

1. You should amalgamate all superannuation funds into one fund, and ensure that you have removed your former spouse as a beneficiary by contacting the trustee of your superannuation fund/s.

2. Similarly you should arrange for the company of any life insurance that you may have to remove your former spouse as beneficiary and consider including a new beneficiary.

3. Arrange to make a new Will and Enduring Power of Attorney.

4. Arrange to remove any access that your former spouse may have to any bank accounts including home loan accounts, credit card accounts, term deposits etc.

Parental Alienation

jai@clearpixel.com.au (Jai Warner) — Mon, 31 May 2021 03:04:50 GMT

The alienation of a child from a parent most often occurs in high conflict disputes regarding the parenting arrangements for their children.

It occurs when the relationship between a parent and a child is broken through the behaviours of the “aligned” parents.

Common behaviours and organising beliefs of the aligned parent includes[1]:

Extremely negative views of the rejected parent freely, angrily and repeatedly expressed to the child by the aligned parent;
Innuendos of sexual or child abuse or that the parent is dangerous in other ways;
A belief that their child does not need the other parent in their lives;
A belief that the rejected parent is dangerous to the child in some ways, either violent, physically or sexually abusive, or neglectful, thus justifying behaviour aimed at blocking time with the child;
A belief of the aligned parent that the rejected parent does not and has never loved or cared about the child;

Rejected parent’s behaviour which contributed to child alienation include[2]:

Passivity and withdrawal in the face of high conflict;
Counter-rejection of the alienated child;
Harsh and rigid parenting style;
Rejected parent is self-centred and immature;
Rejected parent has critical and demanding traits;
Diminished empathy for the aligned child.

Here are some tips to help combat parental alienation[3]:

1. Don’t become an alienator.

This is the most important tip. When you’re experiencing parental alienation, you will have a natural tendency to act defensively and always explain yourself to the children. Worse, you may want to counter the negative behaviour and talk about what horrible things your ex has done. This is alienation, too. Don’t fall into the trap by following your natural desire to defend yourself against false accusations.

2. “I love you” always.

When you do spend time with your children, regardless of the method, tell them that you love and care for them and that they are often in your thoughts and heart. Let them know they are special to you.

3. Positive language, always.

This is often overlooked but it is very important to avoid the use of negative language. It’s simple and it’s subtle; sometimes we call it “think like the child.” Examples of using positive language include:

Instead of “I miss you…” which can put the child in a position to feel guilt or upset, use “I look forward to the next time I see you!” This is more upbeat and positive.

Instead of “I wish I could have seen that…” which conveys a lost opportunity or a regret, use “Wow, that’s great to hear and must have been very exciting!” as this conveys excitement, support, and positive reinforcement regarding whatever experience is the topic of conversation.

4. Never stop contact efforts.

Even if you know that your cards, letters, gifts, emails, voice-mails etc are being intercepted or are otherwise never delivered – don’t give up trying. Keep a diary or journal of your efforts to contact your children as well as writing to your children as if they were going to read it – SOME DAY. This will prove helpful both for you and, hopefully, your children if they have the opportunity to find out the truth at some time in the future.

5. Control yourself.

Manage your emotions. It is vital that you follow your court orders and agreements and avoid giving your high-conflict ex-partner any reason to vilify you to the children more than they already have.

6. Avoid blaming the children.

Try to remember that the children are also victims in this mess. Although difficult, it is often that when parental alienation is occurring, your children may spy on you, talk about every move you make, every purchase you do, report on who you talk to or spend time with. This might be part of the alienator’s strategy, and you could become frustrated at the children and blame them for fuelling the ex partner’s behaviour. Don’t let this happen.

7. Be yourself.

Act as you always have and do, in the children’s best interests. This will ensure that as much as possible, the children will not see you as you are being portrayed by your ex-partner. Don’t overdo this though – there is no need to be “extra special” to counter your ex’s false allegations. Just be your usual loving, caring, nurturing self. Always remember that your actions will forever speak louder than you ex-partner’s words, particularly as your children mature.

8. Keep your plans, always.

If you have made special plans or arrangements with your children do not change your plans just because you fear your ex-partner will not permit the children to spend time with you as previously arranged or ordered. If you are late or fail to show one time, it may be twisted by your ex-partner into “proof” of your lack of caring for the children and give them the power to further alienate the children from you.

9. Build the relationship with memorable moments.

We do not mean becoming the “Disney Land Parent” however, a nice vacation, having a catch with the ball, sharing a professional sporting event, or for younger children reading a book together, movie watching etc can be special moments you can share with your children and help build a strong relationship and bond between you and your children.

10. Create the best team of professionals you can afford.

Legal professionals, mental health professionals, therapists, articles, scholarly studies with solid data are all invaluable tools to assist you with combating parental alienation. Be sure that whatever professional you use is knowledgeable and experienced with parental alienation and can advocate for the appropriate changes that will benefit your family.

[1] Calvert & Calvert [2008] FMCAfam 101.
[2] Ibid.
[3] https://lawpath.com.au/legal-articles/10-tips-to-combat-parental-alienation

Protect assets with estate plans

jai@clearpixel.com.au (Jai Warner) — Mon, 31 May 2021 03:02:45 GMT

Effective estate planning protects assets and minimises tax liabilities. An otherwise effective estate plan may be compromised, however, by challenges to the estate (for example, a family provision application) with the unwelcome result that assets are dealt with in a way inconsistent with the intentions of the deceased.

A family provision application involves a person making an application to the Court for “adequate provision” from the estate of a deceased person for his or her proper maintenance and support. The applicant either seeks a share of the estate (where no provision has been made) or a larger share of the estate.

Notice of an intention to make a family provision application must be given within six (6) months of the date of the death of the deceased person, and the application must be filed in the Court within nine (9) months. The timeframes for the making of a family provision application are strict and must be complied with.

In Queensland, a spouse, child (including a step-child) or a “dependent” are eligible to make a family provision application. A person is a “dependent” if they are wholly or substantially dependent upon the deceased for maintenance and support at the time of death and are a:

parent of the deceased person;

the parent of a surviving child under the age of eighteen (18) years of the deceased person; or

a person under the age of eighteen (18) years.

Determining family provision applications involves a two-stage process. Firstly, the Court must consider whether the deceased person has failed to make adequate provision for the proper maintenance and support of the applicant. Secondly, if the Court is satisfied that adequate provision has not been made, the Court must determine what provision should be made for the applicant. In determining what provision should be made for the applicant (if any), the Court will look at all the circumstances of the case including the size and nature of the deceased person’s estate, the applicant’s financial position and the relationship between the applicant and the deceased person, to name a few.

The possibility of a family provision application should be considered when making a Will and steps taken to minimise the risk of an application.

Much determines the validity of wills

jai@clearpixel.com.au (Jai Warner) — Mon, 31 May 2021 02:59:40 GMT

One of the common disputes with wills concerns determining whether or not the person who made the will - who by then is usually no longer with us - had what is known as “testamentary capacity”. In other words, were they capable, in the eyes of the law, of making the will at the time they did?

But what does this actually mean in practice? How can you tell if a will is valid or invalid?

The law in this area revolves around a very old English case (from the year 1870) by the name of Banks v Goodfellow. The test set out in this case has been adopted many times in Australia and confirmed by courts all the way up to the High Court of Australia as constituting the law in this country.

Under the Banks v Goodfellow test, a person making a will must:

understand the nature of the will and its effect
have some idea of the extent of the property of which they are disposing under the will
appreciate the claims to which he or she should give effect.

Importantly, all three of these limbs must be satisfied. Usually the first two are relatively straightforward, but the third one can be an area of hot dispute - particularly if one or more of the beneficiaries believes that they have been dealt a harsh hand by the will maker.

To satisfy the third limb, it needs to be shown that the person who made the will:

was able to recollect who their expected beneficiaries should be
was also able to understand why those people would have claims on the estate and
based on this, has made a conscious, rational and free decision to exclude or limit the entitlement of one or more of the beneficiaries.

Some judges in applying these tests have looked at the will itself and used it as proof in itself of irrationality. Such cases will usually involve dramatic or sudden changes made to a will.

In other cases, judges have tended to treat the will itself as sacrosanct in the absence of direct evidence of incapacity which, when we are talking about a deceased person, can be quite difficult.

The lesson for will makers is to make sure you consider these issues when working what to put in your will and how to go about making it. For beneficiaries, particularly those who believe they have been treated unfairly, this is an area to have a very close look at.

How does storm damage affect your residential property sale or purchase

jai@clearpixel.com.au (Jai Warner) — Mon, 31 May 2021 02:57:53 GMT

Property at the buyer’s risk pursuant to contract terms…

If you have sold or purchased residential property in Queensland before, you would likely be aware that the risk of that property generally passes from the seller to the buyer on the first business day after the contract date.

Buyers should ensure that they have taken out adequate insurance cover over the property they are intending to purchase. Although not necessary, it would be prudent for sellers to retain insurance over the property until such time as settlement has been achieved, at which point a pro-rata refund may be sought from the insurer.

Storm damage that renders the property unfit for occupation…

If a property is a dwelling (e.g. a house or unit as opposed to vacant land), and that dwelling has been so destroyed or damaged so as to be deemed unfit for occupation, buyers have some relief pursuant to section 64 of the Property Law Act 1974.

In such circumstances, a buyer may elect to rescind the contract by notice in writing to the seller or the seller’s solicitors, delivered before the date for settlement or possession.

Where a buyer elects to rescind, any monies payable by the buyer (e.g. contract deposit) must be refunded in full to the buyer.

A prudent seller will have maintained their insurance after the contract date and depending on the terms of that insurance may be able to make an insurance claim for the storm damage.

Storm damage that does not render the property unfit for occupation…

This is the problem area for the buyer. If a property has suffered damage but the damage does not render the property unfit for occupation, the buyer must proceed to settlement and cannot avoid the contract because of the damage no matter how extensive that damage is. The buyer will be responsible for repair of the damage. The prudent buyer who has taken out insurance from the date of the contract will be able to rely on that insurance.

If the buyer has failed to take out insurance the buyer must still proceed with settlement and will have to pick up the cost of repairing the damage without the benefit of any insurance cover. Another complication which a buyer may face is that their financier may withdraw their offer due to the uninsured damage and the buyer will be left without finance. The buyer must still proceed with settlement and if they can’t raise the funds will be in default under the contract and will have to deal with the consequence of default.

Buyers may be tempted to hold off taking out insurance until just before settlement. However, if a storm or cyclone event occurs before settlement the uninsured buyer could find themselves in all sorts of trouble.

Recommendations & tips…

As with most legal matters, there is always room for interpretation. What one person may consider ‘unfit for occupation’, another may disagree.

We recommend that you always seek advice from a qualified legal professional, and when entering into contracts for residential property, consider: -

Insurance – take out adequate insurance cover if you are a buyer. For sellers, consider retaining your policy until settlement.
Inspections – buyers should carry out a thorough inspection before entering into a contract and make notes of any existing damage or defects.
Communication – sellers should notify buyers as soon as it is apparent a property has been damaged by a storm (or other natural disaster). Failing to do so, may result in complications as settlement approaches.

Contract Law

jai@clearpixel.com.au (Jai Warner) — Mon, 31 May 2021 02:55:48 GMT

“Pay nothing for 18 months”

“No sign up fees”

“No interest, payment plans”

“No Win, No Fee”

From signing up at the gym, refinancing a credit card, to signing up with your lawyer, these are the slogans we are hearing.

It sounds enticing, it sounds risk free.

It is, in most cases, a legally binding contract. These contracts have laws that surround them and must be adhered to. When drafted correctly, these slogans relate to contracts which provide access to what are often essential services or products in our society for those who otherwise are unable to afford them.

If you are unsure about whether the contract you have entered into is indeed as good as it is made out to be, you should seek legal advice BEFORE signing. We encourage all of our clients to seek advice on any client agreement and it is important that all clients know what their rights are, regardless of the transaction. You also have that right when you enter into any agreement. But you should act quickly if you have already signed up, as cooling off periods don’t last forever.

Our team at Kelly Legal are here for the every day person, with every day concerns. We just tell you how it is, in down to earth terms. Whether you are negotiating a huge deal, or trying to work out whether the fine print of an offer is best for your individual circumstances, we’re with you.

Come and see our team to ensure what you have entered into or are considering entering into is indeed the best way forward for you.

Buying and Selling Water Rights

jai@clearpixel.com.au (Jai Warner) — Fri, 28 May 2021 07:10:55 GMT

Water allocation has a separate title from a land title and can be bought and sold independently, just like land. This enables water allocation holders to buy water to expand their operations or sell water they don’t need.

All water trading prices are set by the market. You do not need to be a landholder to buy a water allocation, but the movement of water is restricted by trading rules.

To ensure you are fully abiding by the regulations on the buying and selling of water rights in Queensland, we encourage you to contact our experienced rural law team at Kelly Legal.

We can ensure you are following correct guidelines and registrations, whether you’re trading, leasing, sharing or permanently transferring ownership of water allocation titles. Call 4911 0500 today for personalised and professional legal advice.

Land title disputes

jai@clearpixel.com.au (Jai Warner) — Fri, 28 May 2021 07:07:53 GMT

Whether your dispute is with a neighbour over fences, trees and boundary lines, a dispute with a real estate agent due to a property sale, or a family dispute over land, they can all have a significant impact on those involved.

Kelly Legal can support you through the legal process to ensure you reach a resolution with little impact. Our team has a combined 60 years’ experience across a range of areas of law, providing clients with a multi-disciplinary approach to your matter.

Call the Kelly Legal team today for advice on 4911 0500.

Buying and Selling Transferable Titles

jai@clearpixel.com.au (Jai Warner) — Fri, 28 May 2021 07:03:57 GMT

Land may be transferred to another party as a result of a sale, gift or by law however any transfer must be registered in the Titles Registry in order for it to take effect.

Many people make the mistake of thinking that transferring property titles between family members (for example, part of farmland owned by the family) is a straightforward process however it’s important for all legal requirements to be met in order for the transfer to take effect.

Kelly Legal will help you through the process of stamp duty and capital gains, land valuations, liaising and signing relevant transfer documentation with the Office of State Revenue and any other supporting evidence that may be required.

Give the team a call for full legal advice and service on 4911 0500

Subdivision or development of land

jai@clearpixel.com.au (Jai Warner) — Fri, 28 May 2021 06:43:01 GMT

If you’re looking for peace of mind when it comes to subdividing or developing land, Kelly Legal can deliver accredited specialist property law advice.

We can assist in the division of a single lot into two, or the creation of numerous lots and larger developments.

Subdivision developments can often be complex and it’s important to understand the relevant laws and processes required to avoid costly mistakes. We encourage you to speak to our property law team to check off due diligence matters and understand titling and legal concepts to ensure a successful outcome. Call 4911 0500 today and speak with the team about your rural law needs.

Sale or purchase of Livestock

jai@clearpixel.com.au (Jai Warner) — Fri, 28 May 2021 06:41:13 GMT

There are a number of legal and biosecurity requirements when it comes to selling or purchasing livestock in Queensland.

Kelly Legal’s rural law team can advise on branding and earmarking livestock, legal requirements when transporting animals, livestock movement records, animal welfare during transportation and more.

Before you purchase or sell livestock, we recommend you engage an experienced lawyer who can ensure your transaction is processed correctly and without legal implications.

Call the team at Kelly Legal to find out more about selling or purchasing livestock on 4911 0500.

Leasing rural property and equipment

jai@clearpixel.com.au (Jai Warner) — Fri, 28 May 2021 06:36:59 GMT

The team at Kelly Legal has experience in handling rural law property matters, particularly for Queensland farmers, growers and businesses.

There are a number of considerations you will need to work through prior to leasing rural property and equipment with which our team can help you.

Some things you may need to consider include how much land and equipment is involved in the lease, the duration of the lease, whether all areas are accessible, the payment method and amount, whether you will need to consider insurances, whether improvements and repairs will need to be undertaken on the property or equipment, and many more.

We can also help draft or review lease agreements with special considerations based on your particular circumstances, undertake due diligence and ensure the whole transaction is smooth for both parties. Call the team today on 4911 0500.

Selling a Farming Property

jai@clearpixel.com.au (Jai Warner) — Fri, 28 May 2021 06:33:40 GMT

Kelly Legal offers a full range of rural law advice and support tailored to Queensland farmers and graziers.

Selling a farming property, regardless of the size and scope, requires attention-to-detail and a collaborative approach with other advisors such as accountants, financiers and real estate agents.

There are some important considerations when it comes to selling rural property including GST matters, the inclusion of plant/equipment and crop/cattle with the property, and special clauses that may need to be in the contract.

When it comes to selling a farming property, it’s important to engage experienced lawyers to ensure the transaction starts out on the right track and continues in the right direction until complete. Talk to the rural law team at Kelly Legal today on 4911 0500.

Buying a Farming Property

jai@clearpixel.com.au (Jai Warner) — Fri, 28 May 2021 06:26:43 GMT

Buying a farm can be a bit more complex than buying a house, and you will find that there are extra requirements that must be met and considered in comparison to a standard residential real estate contract.

That’s why it’s important to obtain commercial advice from experienced rural law advisors in regard to farming property transactions.

Kelly Legal’s rural law team are here to help regardless of the size or type of the transaction. We will assist in considering what is included in the sale of the property. Will there be cattle, crops, plant and equipment? Are there any licencing requirements that will need to be met? Are all the encumbrances on the land disclosed in the contract including easements, covenants, licences etc?

Whether it’s an arms-length sale, intergenerational or other family transfer, partnership dissolution, leasing transaction, share farm arrangement or more complex structures, our rural law team possess the experience and resources to provide the legal service you need within the timeframes required and at the right cost. Call the team today on 4911 0500.

Ending a business

jai@clearpixel.com.au (Jai Warner) — Thu, 27 May 2021 04:28:38 GMT

Partnership dissolutions

Winding up a business partnership may require legal intervention if the parties are unable to agree on the terms of the partnership agreement to dissolve the partnership.

Partnerships can be dissolved at the end of a fixed term or when one party provides notice of their intention to dissolve the partnership.

As part of the dissolution, assets may need to be sold, debts will need to be settled and any profits will need to be distributed to the partners.

There may be circumstances where the partnership agreement does not disclose a process for winding up the partnership or the parties are unable to agree on the terms and sometimes an administrator may need to be appointed.

If you need further clarification or an experienced law team to help you through the process, call Kelly Legal on 4911 0500.

Business succession

Protecting your hard-earned wealth and equity for the next generation is no doubt an important value in your business.

Our business services team can provide the best, up-to-date advice and strategies for business succession, as well as reviewing and preparing key documents such as partnership agreements, company structures, and risk management.

We work with you and your team of accountants, financial advisors and banking institutions to ensure your objectives are met and your business capital is set up to be preserved well into the future. Call 4911 0500 to begin a confidential discussion with our experienced team.

Shareholder disputes

Shareholder disputes can arise within a company if the directors and shareholders disagree on certain methods of operating the business.

Disputes can be caused by a breach of duty, the company’s direction, strategy and management practices, withholding of dividends, disparities between salaries and profit dividends, failure to provide important information and exclusion from meetings and management discussions to name a few.

The team at Kelly Legal have a combined 60 years’ experience working on legal matters affecting businesses and our aim is to help facilitate the resolution of shareholder disputes through negotiation, mediation and other forms of dispute resolution based on your circumstance.

Call 49511 0500 to speak to an experienced team member at Kelly Legal.

Insurance and risk management

jai@clearpixel.com.au (Jai Warner) — Thu, 27 May 2021 04:07:57 GMT

To operate a business, it’s advisable to have adequate insurance and risk management practices in place to protect yourself and your employees.

Kelly Legal has provided high-end legal advice on complex insurance, litigation and risk matters for a diverse range of clients from small to medium business owners to property developers, wholesalers and rural sectors to establish appropriate insurance and risk management strategies for their business.

If you would like trusted advice from a professional and friendly team, give Kelly Legal a call on 4911 0500.

Bank and financier disputes

jai@clearpixel.com.au (Jai Warner) — Thu, 27 May 2021 03:29:47 GMT

Disputes can come about for a number of reasons when it comes to banking and finance.

Kelly Legal can act on behalf of investors, guarantors and borrowers to litigate bank and finance disputes. For example, if you’re struggling to meet loan repayments and feel you may have been given an irresponsible or unaffordable loan, our team can assist. We can also assist investors who have lost money through poor advice or misrepresentation regarding future performance for investments.

If you are unsure whether you are eligible to make a claim, we urge you to contact our experienced and helpful team to start the discussion and protect your assets. Call 4911 0500 today.

Bankruptcy, Insolvency and restructuring

jai@clearpixel.com.au (Jai Warner) — Thu, 27 May 2021 03:22:25 GMT

When a business is facing bankruptcy, insolvency or restructure, it can be a difficult time for all involved.

The experienced law team at Kelly Legal are here to support you on your journey and protect your interests at minimal risk and cost to you, your business and employees.

Whether your business set-up is straightforward or complex, we can assist you in moving forward to overcome financial hurdles.

We can advise on a company’s rights and requirements to creditors while trading, as well as insolvent trading of a company in the event of it going into receivership. Whether you need to place your business into voluntary administration or you are forced to declare bankruptcy, we are with you every step of the way. Kelly Legal also represents individuals who are facing personal bankruptcy.

Early action should be taken when suffering financial hardship to avoid the flow-on effect to other areas and to ensure your rights and obligations are protected. Call 4911 0500 for experienced and professional legal advice.

Loan Agreements, Mortgages & Securities

jai@clearpixel.com.au (Jai Warner) — Thu, 27 May 2021 01:53:14 GMT

Kelly Legal provide a range of business services to give people more confidence when it comes to loan agreements, mortgages and securities over their property.

We can prepare or negotiate loan agreements, and mortgage and security documents whether it’s a straight-forward arrangement or in conjunction with a business or property transaction.

Working with the appropriate banking or finance representatives, we can also assist with loan applications, witnessing mortgage documents, preparing loan, mortgage and security documents, property searches and reports, and more.

For peace of mind when it comes to understanding the details of loan agreements, mortgages and security documents, we urge you to call Kelly Legal on 4911 0500 for expert advice.

Employment Disputes

jai@clearpixel.com.au (Jai Warner) — Thu, 27 May 2021 01:29:07 GMT

Unfortunately work and employment relationships can break down for a variety of reasons and there may be situations where you need to engage a lawyer to help with disputes caused by unfair dismissal, unlawful termination, discrimination, harassment or bullying.

Kelly Legal has a team of lawyers specialising in employment law that can go through the details of your situation and help find a solution quickly and cost-effectively.

In the ever-changing world of employment law, it is important that you know your rights and obligations whether you are an employer or an employee. We are here to help with:

Unfair Dismissal
Unlawful termination
Fair Work Commission applications
Federal Court applications
Discrimination, harassment and bulling claims

Protection of intellectual property and restraint of trade

jai@clearpixel.com.au (Jai Warner) — Thu, 27 May 2021 01:25:16 GMT

Having an idea or venture that could change the way other people live is an exciting prospect as a business owner. But what happens if it’s copied, or someone claims to have already come up with the idea?

Protecting the intellectual property of your business is important, and when a dispute over ownership arises, the Kelly Legal team are here to support you.

We can provide legal advice on trademarks, patents, copyright infringements, restraint of trade practices and other intellectual property appeals. We can offer strategic advice at all stages of a dispute from protection and enforcement strategies to initiating proceedings, settlement negotiations and taking the matter further to a trial or appeal.

Contact Kelly Legal if you require advice on intellectual property disputes on 4911 0500.

Employment Investigations

jai@clearpixel.com.au (Jai Warner) — Thu, 27 May 2021 01:21:17 GMT

Kelly Legal is experienced in looking after allegations of employment misconduct and can handle independent workplace investigations on behalf of our clients.

Our experienced law team can deal with conflicts of interest, personal and professional misbehaviour, misuse of company resources, breach of rules and regulations and more.

With a wealth of experience across a broad range of legal areas, our multi-disciplinary team is here to provide professional legal advice to our clients.

We have experience working with clients large and small in conducting employment and workplace investigations, to ensure our clients’ rights are protected. Call us today for legal advice on 4911 0500.

Redundancy

jai@clearpixel.com.au (Jai Warner) — Thu, 27 May 2021 01:19:08 GMT

A ‘genuine’ redundancy occurs when an employer no longer requires the employer’s job to be performed due to operational requirements, and the employer has complied with any obligation imposed by an applicable modern award or enterprise agreement.

A redundancy cannot be used to replace an employee and, if this occurs, it could be argued that the employee was dismissed rather than made redundant.

If you’re facing a redundancy, or you are considering making a position redundant within your company, Kelly Legal can offer further advice. Please don’t hesitate to contact the team on 4911 0500 to gain further advice.

Termination of employment

jai@clearpixel.com.au (Jai Warner) — Thu, 27 May 2021 01:13:16 GMT

Whether you’re on the receiving end of an employment termination, or you are the employer wanting to terminate a contract of employment, speaking to an experienced lawyer early on is extremely important.

We can consider the situation and the grounds of termination to determine whether there are any legal implications involved.

Due to the complexities of employment law, we recommend you contact the team at Kelly Legal on 4911 0500 as soon as possible to confidentially discuss your matter further.

Defamation

jai@clearpixel.com.au (Jai Warner) — Tue, 18 May 2021 06:07:28 GMT

Defamation law is designed to protect people and businesses from false or damaging statements that may cause harm to their personal or professional reputation.

A person or small business may seek compensation for loss of reputation when someone publishes material that causes others to think less of them. Defamatory material can include, but not be limited to, social media posts, blogs, articles, books, photos, songs, emails, online reviews and more.

Defamation can also be broadcast or spoken in a public form, over the internet, or radio.

To claim, you must be able to prove:

Defamatory material was published, and the statements were not substantiated by facts
That yourself or your business was clearly identified
That it has caused or continues to cause reputational harm.

Whether you are the subject of defamation or you are being accused of defaming, the Kelly Legal team knows how to ensure your rights are upheld. Give us a call on 4911 0500.

Intellectual Property Disputes

jai@clearpixel.com.au (Jai Warner) — Tue, 18 May 2021 06:03:33 GMT

Protecting the intellectual property of your business is important, and when a dispute over ownership arises, the Kelly Legal team are here to support you.

Contact Kelly Legal if you require advice on intellectual property disputes on 4911 0500.

Planning and Environment Court Disputes

jai@clearpixel.com.au (Jai Warner) — Tue, 18 May 2021 05:57:11 GMT

Kelly Legal has years of development industry experience bringing immense value for clients in regard to all aspects of planning and environment law.

If you’re faced with a dispute going before the Planning and Environment Court, or you are involved in a planning and environmental issue that requires legal advice, our expert lawyers offer outstanding service, technical experience and a commercial approach to conflict resolution.

We have experience in the following:

Planning and local government law
Pre-development advice
All development approval processes
Residential, commercial, industrial and mixed-use developments
Tourist resorts
Infrastructure agreements
Subdivision of land
Design guidelines
Town planning appeals and mediation
Negotiation with Local Government
Approvals, compliance and enforcement
Environmental covenants
Vegetation management
Koala management and coastal protection

Give us a call to discuss your situation on 4911 0500.

Mediation and Alternative Dispute Resolution

jai@clearpixel.com.au (Jai Warner) — Tue, 18 May 2021 05:54:35 GMT

Not all disputes need to go through court proceedings and the team at Kelly Legal take pride in providing tailored advice and a range of alternative solutions for disputes affecting your business.

Kelly Legal can offer a range of resolution methods which include mediation, arbitration and litigation. Often, these types of methods will result in a faster and more cost-effective resolution.

If you’re facing a dispute with your business, give the experts at Kelly Legal a call on 4911 0500 to discuss your situation.

Contract and Property Disputes

jai@clearpixel.com.au (Jai Warner) — Tue, 18 May 2021 05:47:21 GMT

The Kelly Legal litigation team takes care to achieve practical solutions for you and your business.

We have significant experience in dealing with property and corporate disputes, building and construction disputes and contractual issues. As experienced litigation lawyers, our aim is to achieve the best possible legal and commercial outcomes for your business.

If you or your business is facing a dispute with property or contract matters, give our team a call to arrange a confidential discussion on 4911 0500.

Land Resumptions

jai@clearpixel.com.au (Jai Warner) — Tue, 18 May 2021 05:45:33 GMT

There are times when a constructing authority (local Council, State Government or public utilities provider) will need to acquire land for infrastructure projects. The land can be of any type of tenure, including freehold, and can be acquired with or without the landowner’s agreement.

For many individuals, receiving a Notice of Intention to Resume (which describes the land or easement required), can be a stressful and emotional time.

Compulsory acquisition legislation allows landowners to claim their legal costs over and above the value of land taken but there are some limitations to this, including when a landowner decides to make a formal objection to oppose the acquisition rather than negotiation of a resolution.

It’s important to seek legal advice immediately to understand your rights and negotiate a fair and equitable outcome for compensation.

Kelly Legal has a proven track record in acting for landowners in compulsory acquisition matters. We can advocate for the best outcome in your circumstance, so give us a call on 4911 0500.

Dispute Negotiation

jai@clearpixel.com.au (Jai Warner) — Tue, 18 May 2021 05:39:59 GMT

Kelly Legal are here to assist when it comes to dispute negotiation within your business or workplace. We’ve represented clients across a wide range of industries on smaller, day-to-day business negotiation cases to larger, more complex issues and disputes.

At Kelly Legal, we draw on the expertise of a number of areas of law to provide you with a multi-disciplinary approach when it comes to your legal matters.

Whether it’s negotiating for a business, construction or corporate dispute, a crisis situation within your business, or you’re requiring negotiations with debt recovery, we can provide a range of services to obtain the right outcome for your business.

Give the Kelly Legal team a call for advice and support in regards to dispute negotiations on 4911 0500.

Going to Court & Litigation

jai@clearpixel.com.au (Jai Warner) — Tue, 18 May 2021 05:34:43 GMT

There’s a number of reasons your business may be involved in a dispute or require litigation or court proceedings to occur.

Our experienced commercial litigation and dispute resolution lawyers can achieve practical solutions for you and your business, whether it’s property or corporate disputes, debt collection, insolvency and much more.

We provide complete transparency in respect of costs and we aim to achieve the best possible legal and commercial outcome for your business with the minimum cost and disruption to your business and life.

Call the Kelly Legal team to find out where you stand on your business matters on 4911 0500.

Debt Recovery

jai@clearpixel.com.au (Jai Warner) — Tue, 18 May 2021 05:32:26 GMT

Recovering hard earned money that is owed to you and maintaining cash flow is essential to running a successful business.

Kelly Legal can provide appropriate advice and direction when it comes to debt recovery and collection from the initial letter or statutory demand, through to court proceedings, attending mediations and enforcement.

We can also help if you have been served with a creditor’s statutory demand claiming that you or your company/business owes money.

Every business is different, as is every debt recovery matter, so we recommend you contact Kelly Legal for advice when faced with an issue with debt recovery. Call 4911 0500 today.

Due Diligence and Pre Contract Investigations

jai@clearpixel.com.au (Jai Warner) — Tue, 18 May 2021 04:38:53 GMT

The Businesses Services team at Kelly Legal are with you every step of the way when buying or selling a business, ensuring due diligence when doing so.

We can help with checks prior to signing contracts to ensure there are no hidden surprises before a business sale or purchase. Some things we may look at include leasing arrangements, development approvals or licences, plant and equipment, employee agreements, any supply or third-party agreements and the financial health of the business. It’s also important to look at any specific requirements or restrictions that may be imposed upon your business.

We have worked with a broad range of clients from property developers, contractors, wholesalers and rural sectors, so you can be assured that our team have the skills and knowledge to advise you on the right path.

Partner with our Business Services team today and get the advice you need, call 4911 0500.

Franchise Agreements

jai@clearpixel.com.au (Jai Warner) — Tue, 18 May 2021 04:37:29 GMT

Whether you’re looking to purchase a franchise or have a business that you’d like to transition into a franchise, our widely experienced team of lawyers are here to assist you.

There are a number of rights and obligations that need to be followed under the Franchising Code of Conduct. Kelly Legal can help you understand your obligations and avoid any breaches or legal complications involved in the sale or purchase of a franchise.

Kelly Legal can also prepare franchise documentation including agreements and disclosures, contracts and lease documents.

Our aim is to support your franchise arrangements, reduce the stress and ensure compliance when starting or buying into a franchise.

Call our experienced legal team today on 4911 0500.

Leasing of Real Estate

jai@clearpixel.com.au (Jai Warner) — Tue, 18 May 2021 04:35:25 GMT

Have you found the perfect place to run your business? The team at Kelly Legal is here to assist when it comes to the finer details on commercial leasing.

At Kelly Legal, we can help you work through important concerns like leasing periods, occupancy costs and future increases, fit-outs to the property and ensuring it is correctly zoned for your business needs. There are many other important factors when it comes to commercial leasing and each property will be different, so individualised advice is vital.

Our lawyers aren’t just your average commercial and property lawyers – we have a combined 60 years’ experience and a proven track record when it comes to helping successful businesses and their growth.

Call the team on 4911 0500 today to start the conversation about your commercial lease.

Companies, Partnerships and Trusts

jai@clearpixel.com.au (Jai Warner) — Tue, 18 May 2021 04:31:18 GMT

A business can be legally structured in a number of ways and therefore there are a range of legal, financial and tax issues you may need to be aware of.

The Kelly Legal team can provide advice wherever you are in your business journey, whether you have a company, partnership or trust business structure.

It’s important to understand the responsibilities of each structure as it may affect the tax you’re liable to pay, asset protection and costs associated with running the business. You are not locked into a structure and you have the option to change the structure of your business as it grows.

If you would like experienced legal advice on business structures, please give the Kelly Legal team a call on 4911 0500.

Transferring Business Assets

jai@clearpixel.com.au (Jai Warner) — Tue, 18 May 2021 04:27:47 GMT

Once a business is sold, there are a number of important steps that need to happen to ensure the entire transfer runs smoothly.

Kelly Legal can help with transfer leases, licences and permits, ensuring tax returns are complete and activity statements and instalment notices are finalised, and cancelling or transferring ABNs or business names, if required.

The business owner is still responsible for lease agreements and other obligations related to the business until they are completely transferred to a new owner. Licence transfers can take up to 12 months.

We recommend you contact us in the early stages, when looking to sell or buy a business so we can ensure your business assets are well looked after through every step of the way. Call 4911 0500 today.

Contract Preparation and Sale Negotiations

jai@clearpixel.com.au (Jai Warner) — Tue, 18 May 2021 04:22:05 GMT

Are you ready to buy or sell a business? It’s no doubt a big decision that requires much financial and emotional involvement from the parties involved.

Here at Kelly Legal, we are the experts in helping you through the process and providing peace of mind when it comes to buying or selling a business. We’ve worked with a wide range of clients and understand the full range of issues, challenges and opportunities that come with the purchase or sale of a business.

Whether it’s preparing a contract, understanding the requirements of a contract, negotiating a sale or acting on your behalf, we can tailor our legal services to the unique needs and goals of your business sale or purchase.

Call the Kelly Legal team to arrange an appointment, on 4911 0500.

Private Wealth and Superannuation

jai@clearpixel.com.au (Jai Warner) — Mon, 17 May 2021 08:28:45 GMT

Self-Managed Super Fund (SMSF)

Self-Managed Super Funds (SMSF) are set up to provide for your retirement and can offer a number of benefits, including flexibility, when it comes to investment options.

SMSF allows you to convert your super to an income stream when you retire and can provide you with lower income tax.

Owning a SMSF is different to being a member of an Institutional Super Fund in that you are the Trustee, and are responsible for complying with super and taxation laws.

Our experienced law team at Kelly Legal can provide professional advice when it comes to SMSFs and can explain what is required so you can decide if it is the right path for you.

Asset Protection

Asset protection is an important piece of the puzzle when it comes to your Estate Planning so that your hard-earned assets are safe guarded for you and your loved ones.

Regardless of your situation, the team at Kelly Legal can assist you by providing straight-forward advice to ensure structures are in place to protect your personal, business and investment assets.

As part of the Asset Protection process, Kelly Legal will work out what assets you wish to protect, who owns the assets, identify any potential risks to assets (including investment assets) and putting a strategy in place to protect them.

Call the Kelly Legal team on 4911 0500 for more information.

Estate Litigation and Disputes

jai@clearpixel.com.au (Jai Warner) — Mon, 17 May 2021 08:07:08 GMT

Challenging a Will

Sometimes there are situations where a Will may need to be challenged. There may be a question over whether the deceased was sound of mind when making the Will, or perhaps a family member feels they haven’t been adequately provided for under the Will.

It is important to note that Wills can only be challenged by ‘eligible persons’. This includes:

Former spouses of the deceased;
Adopted or step-children of the deceased;
A parent of the deceased’s children;

The deceased’s parents, grandchildren or any other person wholly or substantially maintained by them prior to your death.

Depending on the reason for Challenging a Will, it may be necessary for the Courts to determine the validity of the Will. Alternatively, if you’re challenging what’s been provided for you, then an application for further and better provision from the Estate will need to be made. This is known as a Family Provision Application.

Challenging a Will can feel like an intimidating process, and there is never a ‘one size fits all’ approach. You can put your trust in the team at Kelly Legal to give you invaluable advice and solutions for a way forward.

Defending a Will

Executors may find themselves involved in defending a Will, if certain family members or beneficiaries feel they were not adequately provided for or would like to argue the validity of the Will.

In these situations, we advise you seek assistance as soon as possible to avoid lengthy disputes.

If the Will is found to be invalid, the Will made previous to the final one, will be looked at. If that Will is found to be valid, probate will be granted to the executor of the valid Will to administer the Estate and distribute assets.

Our experienced lawyers can guide you through the process to ensure the right settlement occurs. Contact the Kelly Legal team on 4911 0500.

Estate Litigation

When a loved one dies, it can be difficult for those left behind and emotions can run high causing disputes between family when it comes time to distribute the Estate.

Whether you are appointed an Executor, trustee of the Will or are having complications with family or nominated beneficiaries, receiving the correct legal advice is extremely important for the right outcome.

The team at Kelly Legal are your friendly, professional experts in all things Estate Litigation, whether it be challenging or defending a Will, ensuring assets are protected or acting on your behalf to resolve disputes.

Administering an Estate or Will

jai@clearpixel.com.au (Jai Warner) — Mon, 17 May 2021 08:02:00 GMT

Deceased Estate and Trust Administration

Deceased Estate and Trust Administration ensures a person’s Estate is managed effectively and in accordance with their wishes. It involves gathering the assets of the Estate, paying any liabilities and distributing the remainder to the beneficiaries listed in the Will.

Administering a deceased estate and any trusts that form part of it, can be stressful and complex for executors to the estate, as well as its beneficiaries, particularly if it involves disputes or litigation.

The friendly team at Kelly Legal can ease any pressure when it comes to Deceased Estates and Trust Administration and guide you through your legal obligations.

Appointing a Power of Attorney & Advanced Health Directives

jai@clearpixel.com.au (Jai Warner) — Mon, 17 May 2021 07:47:10 GMT

Appointing a Power of Attorney

Appointing someone to take control of your affairs is an important decision to make and the team at Kelly Legal are here to help you make the best choice for all involved.

A Power of Attorney (POA) is a document which gives the person/s of your choice the legal right to act in your place and make important personal or financial decisions on your behalf.

There are two types of POA.

General Power of Attorney is used while you can still make your own decisions and becomes void once you lose the capacity. It’s commonly used when travelling overseas for a long period of time and you require your assets to be managed.

Enduring Power of Attorney means your assets are not locked up if you lack the legal capacity or soundness of mind to sign documents or make other decisions regarding your assets. It continues to be valid even if you become unable to make your own decisions.

You can nominate for a Power of Attorney to start straight away, or at a time/date or occasion in which you nominate i.e. you’ve lost the capacity to make decisions.

Anyone over 18 years of age can be appointed and you can choose the level of decision-making power and financial access that they have.

How is it different to a Will?

A Power of Attorney enables you to appoint someone to manage your affairs on your behalf while you are still alive. A Will distributes your assets as per your wishes after your death.

Choosing a POA is an important decision and you should be able to trust the person you appoint. Our experienced team can provide advice for your particular situation.

A Will gives you security in making sure your wishes are carried out.

It’s important to change your Will if your circumstances change. This could include getting married, divorced, having children, losing a spouse through death or having significant changes to your financial status.

Appointing someone to take control of your affairs is an important decision to make and the team at Kelly Legal are here to help you make the best choice for all involved.

A Power of Attorney (POA) is a document which gives the person/s of your choice the legal right to act in your place and make important personal or financial decisions on your behalf.

There are two types of POA.

You can nominate for a Power of Attorney to start straight away, or at a time/date or occasion in which you nominate i.e. you’ve lost the capacity to make decisions.

Anyone over 18 years of age can be appointed and you can choose the level of decision-making power and financial access that they have.

How is it different to a Will?

A Power of Attorney enables you to appoint someone to manage your affairs on your behalf while you are still alive. A Will distributes your assets as per your wishes after your death.

Choosing a POA is an important decision and you should be able to trust the person you appoint. Our experienced team can provide advice for your particular situation.

Establishing Advanced Health Directives

Many people choose to communicate their wishes about health care, medical treatment or end-of-life decisions via an Advanced Health Directive.

This document allows you to appoint a guardian to make important decisions about your health and welfare if you lose the ability to do so. It can indicate if you consent to, or withhold from medical treatment, pain management and to what degree, whether you consent to intervention to keep you alive and any other health-related wishes you may have.

It can be as specific or general as you want but the purpose is to ensure your decisions are communicated and played out the way you envisage during critical times.

It’s important to regularly review your Advanced Health Directive in case your circumstances change.

A Will gives you security in making sure your wishes are carried out.

Testamentary Trusts can be written into your Will so that a trustee looks after your assets until your beneficiaries can access them. An example could be until your children reach a certain age or a goal (i.e gets married or earns a qualification).

Establishing an Estate Plan, Will or Testamentary Trust

jai@clearpixel.com.au (Jai Warner) — Mon, 17 May 2021 07:23:31 GMT

It’s important to establish an Estate Plan, as a way to manage your assets and ensure the correct legal structures are in place if you pass away or become incapable of managing them yourself. Your Estate Plan can include Wills, Testamentary Trusts, a Power of Attorney document, and any Advanced Health Directives or Binding Death Benefit Notifications you may have.

This helps ease any unwanted stress on loved ones and provides you with security around what happens when you’re gone or, if you become unable to make decisions around your estate.

You can trust the team at Kelly Legal to provide guidance and peace of mind when it comes to Estate Planning or Wills. Give us a call on 4911 0500 and get the right advice for your situation.

Employment Agreements, Enterprise Bargaining Agreements and Modern Awards

jai@clearpixel.com.au (Jai Warner) — Mon, 17 May 2021 06:30:50 GMT

Ensuring your rights as an employer or employee are protected is an important part of your financial security and wellbeing. At Kelly Legal, we can provide specialised legal advice when it comes to industrial relations and employment law to ensure you or your business are being treated fairly in the workplace.

We have experience in drafting agreements and contracts for employers and business owners across a range of industries, as well as helping employees understand their rights and reviewing their employment contracts and terms.

Enterprise agreements are specific conditions that are set out for one workplace. Kelly Legal can help an employer design and implement these agreements in compliance with legislative requirements, as well as facilitate mediation should there be a dispute.

We also work with employers to ensure that modern awards within the Fair Work Act 2009 are being carried out appropriately in the workplace and, alternatively, we may act on behalf of an employee who feels that modern award conditions are not being complied with.

If you have a workplace law matter that requires specialised legal advice, contact Kelly Legal for more information.

Discrimination, Harassment and Bullying

jai@clearpixel.com.au (Jai Warner) — Mon, 17 May 2021 06:27:26 GMT

Any form of discrimination, harassment or bullying in the workplace is unacceptable and there are relevant laws in place to ensure people are treated fairly in the workplace.

Discrimination, harassment and bullying can take place at any stage of the employment and can include a range of behaviours based on, or including:

Race, sex, age, disability or sexual orientation.
Telling insulting jokes about particular racial groups
Sending explicit or sexually suggestive emails or text messages
Yelling, screaming or using offensive language
Intimidation, and much more.

Many people do not feel comfortable reporting such behaviours, as they fear they may lose their job but rest assured, every employer has the legal responsibility to ensure their employees are treated fairly.

We recommend those who feel they are subject to discrimination, harassment and bullying follow these steps:

Speak to the perpetrator (if possible)
Speak to your employer, union representative or human resource manager
If the above steps do not offer a successful outcome, please contact the Kelly Legal team for further advice
Lodge a complaint with the Fair Work Commission (Kelly Legal can help with these proceedings).

Each case is different and Kelly Legal is here to help if you are experiencing mistreatment at work. Call the team to start the discussion on 4911 0500.

Redundancy

jai@clearpixel.com.au (Jai Warner) — Mon, 17 May 2021 06:23:43 GMT

Redundancy is when, through no fault of your own, your employer no longer needs your job within the business. Losing your job through redundancy can leave you feeling anxious about your future but it’s important to know your rights and whether or not you may be entitled to redundancy pay.

Please note, redundancy cannot be used to replace an employee. If you feel this has occurred, then it could be argued that you were dismissed rather than made redundant.

If you are facing, or have experienced, a redundancy, please don’t hesitate to contact the team at Kelly Legal to gain further advice.

Unlawful Termination

jai@clearpixel.com.au (Jai Warner) — Mon, 17 May 2021 06:14:39 GMT

Unlawful termination is when an employer ends employment for unlawful reasons which can include:

Temporary absence from work due to illness or injury
Trade union membership or participation in union activities outside working hours
Non-membership of a trade union
Acting or having acted in the capacity of an employee representative
Filing a complaint against the employer for alleged violation of laws or regulations
Race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibility, pregnancy, religion, political opinion, national extraction or social origin
Absence from work during maternity or parental leave
Temporary absence from work for the purposes of engaging in voluntary emergency management activity.

In most cases, employees who are covered by unlawful termination laws are not covered by a national workplace system. In Queensland, these employees include:

State government employees
Local government employees

Employees covered by a national workplace system but unable to make a general protections application, may also make an application for unlawful termination.

Due to the complexities of unlawful termination and the need to submit an application within 21 days after the termination takes place, we recommend you contact our experienced lawyers at Kelly Legal on 4911 0500 as soon as possible to discuss your matter further.

Unfair Dismissal

jai@clearpixel.com.au (Jai Warner) — Mon, 17 May 2021 06:05:34 GMT

Unfair dismissal is when an employee is dismissed from their job in an unreasonable and unjust manner.

Experiencing unfair dismissal can have a large impact on yourself and those around you. At Kelly Legal, we can consider your individual circumstances and help you decide whether to commence a claim.

Important Information

An employee has 21 days from the date of dismissal to commence an application.

There are some important points we need to assess before lodging a claim:

Employees have to be employed for at least 6 months before they can commence an unfair dismissal claim if the employer has 15 or more employees.
Employees have to be employed for at least 12 months before they can commence an unfair dismissal claim if the employer has fewer than 15 employees.

Once you have decided to go ahead with making a claim, we can act on your behalf by lodging an application with the Fair Work Commission or the Queensland Industrial Relations Commission.

Don’t hesitate to talk to the team at Kelly Legal so we can reduce any confusion or complexities with unfair dismissals.

Total Permanent Disability Insurance

jai@clearpixel.com.au (Jai Warner) — Fri, 14 May 2021 06:21:08 GMT

If you have suffered an injury or illness that prevents you from returning to work in the same capacity, you may be entitled to apply for a Total Permanent Disability (TPD) Insurance claim through your super fund.

While it’s not necessary to have a lawyer to lodge your claim, we highly recommend you discuss your situation with the Kelly Legal team. It’s important to ensure your benefit payment can cover the costs of current and future medical bills, clear debts that may have accrued and provide you with the necessary income to maintain your quality of life.

There are a few considerations you need to understand before making a claim:

Level of disability
Your super fund and whether it covers TPD
Waiting periods
Employment history

Our friendly and experience lawyers can walk you through the process and ensure you receive quality advice and service. Call the team today on 4911 0500

Accidents in Public Places

jai@clearpixel.com.au (Jai Warner) — Fri, 14 May 2021 05:58:37 GMT

If you have suffered an injury or disability in a public place in Queensland, because of the actions or negligence of someone else, means you may be eligible to a public liability compensation claim.

Kelly Legal’s expert compensation lawyers can handle claims for a wide range of public liability-related injuries and illnesses including, on a footpath or park, private or public property, shopping centres, schools or educational institutes, hotels, motels or entertainment venues, as well as food poisoning.

It’s important to start the process as soon as the injury or illness has taken place, so that you can begin collecting evidence to support any claim you wish to make. We advise to contact the Kelly Legal team on 4911 0500 as soon as possible, so that we can guide you on what will be required to lodge a claim.

Workplace Injuries and WorkCover Claims

jai@clearpixel.com.au (Jai Warner) — Fri, 14 May 2021 05:56:34 GMT

While it should be every employer’s responsibility to ensure a safe workplace for staff, unfortunately workplace injuries still happen. These injuries can have devastating effects on all involved.

Anyone who suffers an injury at work, or an injury as a result of work, can make a claim under the Worker’s Compensation Scheme. This Scheme assists injured workers by providing benefits to help them through difficult times when recovering from injury.

The Kelly Legal team can help you through the steps required to submit a WorkCover claim, as well as ensuring you understand your rights and entitlements. We also assist in WorkCover disputes or helping to maximise compensation in relation to workplace injuries.

Every injury is different, and every situation is unique, so we recommend giving the Kelly Legal team a call on 4911 0500 to gain clarification when it comes to workplace injuries and WorkCover Claims.

Road Accidents

jai@clearpixel.com.au (Jai Warner) — Fri, 14 May 2021 05:53:35 GMT

Being involved in a road accident can be a traumatic event and can affect many aspects of your life.

Following a road accident, you may be eligible for a payout from your super fund or insurer. The experienced team at Kelly Legal can assist you in dealing with superannuation funds or insurers so you can focus on recovering or managing any injuries, illnesses or disabilities as a result of the accident.

There are a number of insurance benefits available through super funds including Income Protection (IP), Total & Permanent Disablement (TPD) and Total & Temporary Disablement (TTD). Most super funds pay regular instalments of up to 75% of your income for IP and TTD, and a lump sum in the event of TPD.

If the accident is a fault of another person, you may be able to make a claim against the Compulsory Third Party (CTP) insurer of that person.

Due to the complex nature surrounding road accident claims, we recommend contacting a knowledgeable lawyer as soon as possible. For any insurance claims, or if there are disputes around who was at fault, contact the team at Kelly Legal on 4911 0500 who can take you through the process to ensure you act quickly and within the relevant timeframes.

Selling a Property

jai@clearpixel.com.au (Jai Warner) — Fri, 14 May 2021 05:38:56 GMT

Our aim is to ease the burden of selling a property and make it a seamless transaction for all involved.

Before preparing and listing your property for sale, we recommend you speak to our highly experienced real estate and property law solicitors rather than ‘go it alone’.

We work with you across all aspects of the sale, including:

Reviewing the contract and advising you on key terms (either before or after signing)
Recording key dates which must be met during the conveyance, such as finance approval and building and pest inspections, and liaising with the buyer's representative to ensure the dates are met.
Ensuring your financier's requirements are met so that you can give clear title to the property on the day of settlement
Ensuring transfer documentation is correctly completed and executed
Reviewing and agreeing on settlement figures with the buyer (subject to your final approval) taking account of items that may need adjustment between the parties, such as Council rates
Arranging and attending, or arranging an agent to attend, the settlement of your sale on your behalf to ensure your property title is properly received
Advising you on the completion of settlement
Advising your local Council of the sale of your property

We take pride in our commitment to achieve a successful outcome for the sale of your property, and ensure your assets are protected every step of the way.

Buying a Property

jai@clearpixel.com.au (Jai Warner) — Fri, 14 May 2021 05:34:05 GMT

The excitement of purchasing your first home, a new home or investment property can often be overshadowed by the legalities and complexities that come with buying a property.

Kelly Legal’s highly experienced real estate and property law team has over 60 years of combined experience. We are here to make the process as smooth and stress-free as possible.

We recommend you contact us before signing a contract. Our team can run over the contract terms and conditions to ensure there are no hidden surprises, explain body corporate schemes if required, and add in special clauses to your contract.

The team also helps clients with:

Reviewing the contract and advising you on key terms (either before or after signing)
Recording key dates which must be met during the conveyance, such as finance approval and building and pest inspections
Discussing property search options with you
Conducting and advising on your search results to ensure you are well informed of all matters affecting your property
Ensuring your financier's requirements are met and that they are ready with the necessary funds for settlement
Advising you on your transfer duty obligations and assisting with payment of this
Ensuring transfer documentation is correctly completed and executed
Calculating and agreeing on settlement figures with the seller (subject to your final approval) taking account of items that may need adjustment between the parties, such as Council rates
Arranging and attending, or arranging an agent to attend, the settlement of your purchase on your behalf to ensure your property title is properly received
Advising you on the completion of settlement
Advising Council of the change of ownership of the property

If you need advice, and an estimate of legal and other costs associated with buying a property, please contact the Kelly Legal team on 4911 0500.

Refinancing and Related Party Transfers

jai@clearpixel.com.au (Jai Warner) — Wed, 17 Mar 2021 05:25:56 GMT

Are you looking to refinance a current mortgage or transfer a property into the name of a relative, partner or friend?

Refinancing or transfer of property between parties can be a complex and costly procedure if not handled correctly. At Kelly Legal, we can ensure all checkpoints are met and both parties understand any legal implications of the transaction.

It is important that a valid property valuation is conducted and the client understands the various fees involved, including stamp duty, bank and discharge fees. Once you gain legal advice, we can work closely with a mortgage broker or bank, to transfer or refinance your loan or property.

If you are about to enter into a refinance or related party transfer, please contact our experienced real estate and property law team for guidance on 4911 0500.

Landlords

jai@clearpixel.com.au (Jai Warner) — Wed, 17 Mar 2021 05:25:56 GMT

Are you looking to rent or lease your property and need some legal advice on the arrangement?

Knowing your rights and responsibilities as a landlord will make tenancy run smoothly. There are certain forms that must be used at various stages of the process in which our experienced real estate and property law team can help you with.

There are also regulations that must be met under the Residential Tenancies Authority (RTA).

Some things to consider as a landlord includes:

Tenancy agreements,
Maintenance and repairs to the property,
Leasing terms and periods,
Rent, bonds and other bills,
Charges, levies, premiums, rates and taxes for the property,
Change of tenant,
Extending or breaking a lease,
Listing the property for sale, and more.

If you’re ready to dive into property management, please give the highly-skilled team at Kelly Legal a call to guide you along the way.

Tenants

jai@clearpixel.com.au (Jai Warner) — Wed, 17 Mar 2021 05:25:55 GMT

As a tenant, you have the right to feel comfortable and safe in the home you are renting.

Both tenants and landlords or property owners have responsibilities and rights involving the tenancy. If you have any questions or concerns over entering into a tenancy, we advise to contact our real estate and property team, who have over 60 years combined experience.

Kelly Legal can help you through the steps in your tenancy journey, from signing the agreement through to ending a tenancy.

Some things to consider as a tenant includes:

Payment of rent and bond,
Rent increases or decreases,
Keeping the property clean, undamaged and in the same condition that you entered,
Abiding by tenancy terms and conditions,
Respecting neighbours,
Tenancy periods, extensions or breaking of leases,
Sub-letting and co-letting, and more.

There are also many other considerations you may have when renting a property. Feel free to get in contact with the friendly Kelly Legal team for a chat on 4911 0500.

Property Developers

jai@clearpixel.com.au (Jai Warner) — Wed, 17 Mar 2021 05:25:54 GMT

Whether you’re an experienced property developer or you’re looking to start your development journey, Kelly Legal has the skills and experience to guide you through the process.

There are quite a few considerations and risks you may need to be aware of, as well as trained professionals that you will need to engage before developing. We recommend you speak to a real estate and property lawyer early on in the picture.

Our experienced team can help with the following:

Building development agreements,
Reviewing and preparing contracts,
Due diligence,
Liaising with government and environmental bodies and explaining local council zoning regulations,
Advice on financing and funding,
Contracts for off-plan purchases,
Preparing construction contracts, and more.

We can help you navigate through the rules, regulations, standards and practices required, from the purchase of land for multiple dwellings, to a small subdivision or multi-use residential development.

Building and Construction Contracts and Disputes

jai@clearpixel.com.au (Jai Warner) — Wed, 17 Mar 2021 05:25:53 GMT

Whether it’s a minor disagreement regarding a contractual clause or a major dispute with contractors or subcontractors, the team at Kelly Legal are here to help achieve the right outcome.

Engaging a team of highly experienced real estate and property lawyers is important from an early stage. We can review the contract and ensure all parties are meeting their obligations.

There are several common reasons for disputes within the building and construction phases, including:

Defects,
Delays,
Early termination of contract,
Non-payment, and more.

Each contract and dispute has different challenges, and we take great care to ensure all clients receive the right advice and support to navigate through their issues.

If you want a team that has the experience and skills to deliver careful negotiations and a positive outcome, give the Kelly Legal team a call on 4911 0500.

www-kellylegal-com-au-z6wp8ajr7-v1

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