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Litigation

What Is a Commercial Litigator?

When a business or entrepreneur have a dispute with another party, this can result in litigation. This is known as commercial litigation, because at least one of the parties involved in a business entity, and covers a wide range of business legal areas. A commercial litigator is a lawyer who specialises in these cases, working with the parties involved to come to a resolution, or to take the matter to court.

Commercial Litigator

Why do you need a commercial litigator?

The area of commercial litigation is a very broad and complex section of the legal system. When it comes to business, there are all sorts of laws and regulations that need to be adhered to. Trying to navigate this yourself while dealing with a lawsuit is asking for trouble.

A commercial litigator’s job is to specialise in this area of the law and represent the company’s interests in the dispute. Their aim is to defend the rights of the company and get the best outcome possible. They will try to get the matter resolved quickly and out of the courtroom if possible.

What kind of cases can a commercial litigator work on?

Commercial litigators are able to assist in all areas of business and commercial law, including:

  • Contracts
  • Fraud
  • Consumer protection
  • Trademarks
  • Intellectual property
  • Copyright
  • Patents
  • International trade
  • Partnership disputes
  • Shareholder disputes
  • Employment disputes
  • Debt collection
  • And more

Are you having a commercial dispute?

If you are being sued or you would like to resolve a commercial dispute, we at Elmassian Lawyers are here to help. We are expert commercial litigators who are able to assist with any commercial litigation case.

Speak to our commercial litigation team now by calling us on 02 9958 2407 or emailing info@elmassianlawyers.com.au and we will help you get the best outcome possible!

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Property & Conveyancing

Can You Do a Property Deal Without a Conveyancer in Sydney?

If you are looking to purchase or sell a property in Sydney, you may be looking at using a conveyancer. But do you actually have to use a conveyancer?

Do you have to use a conveyancer in Sydney?

The short answer is no. Legally you don’t have to use a conveyancer, you can do the whole deal yourself. However, there are a number of good reasons to use one. Here’s why:

Property deals can be complex affairs. There are many aspects to consider from the title of the property, to the property itself, to the Contract of Sale. Anywhere along here could lie countless pitfalls, which can trap an inexperienced buyer or seller and end in a very expensive mistake. This is why doing conveyancing on your own is so risky.

The benefits of having a professional conveyancer do the deal with you is that you get their expertise and experience. The role of the conveyancer is not just to file some paper work, but they are also there to ensure that you are actually getting a good deal, the property and title and legitimate, and that you are not being swindled.

On top of all this, a conveyancer will know the process of making the property deal inside out, so they will be able to ensure no mistakes are made along the way which could end up costing you. And, should things go wrong, they are there to provide legal support as well.

Basically, by hiring a conveyancer, you will actually save more money and a huge amount of time, unless you are very experienced with the conveyancing process. You also greatly reduce your risk of something going terribly wrong.

If you are looking at purchasing a property in Sydney, we at Elmassian Lawyers are happy to look at the Contract of Sale for your free of charge. We offer this service to ensure that you get a good deal with no obligation to use our services. Click here if you want to know more about our free contract review service.

 

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Personal Injury

How to Make a Personal Injury Claim

If you have been injured as a result of negligent or wrongful actions, such as a workplace related incident or a car accident that was somebody else’s fault, chances are you are entitled to make a personal injury claim to receive compensation for your expenses.

Personal Injury Lawyers Sydney

The 3 most common types of personal injury claims are:

1. Motor vehicle accidents
2. Workplace injuries
3. Negligence

When making a personal injury claim, it is important that you begin the process as soon as possible. There is a timelimit of 3 years for you to bring the claim forward from the date of the injury.

How to actually lodge a personal injury claim

The first step is to report the injury to the relevant authority. If it’s a motor vehicle accident, the accident and injury needs to be reported to the police and you need to get a Traffic Incident Number (TIN). If it’s workplace injury, the injury should be reported to your employer.

The next step is to go and see your doctor and get their advice. You will want to obtain a medical report, medical certificates and any other supporting documentation that you can, as these will be used as evidence in your case. It is also a good idea for your own well-being and recovery to speak to a doctor.

The third step is to lodge the compensation claim with the relevant authority. If you are lodging a motor vehicle claim, you will need to speak to the insurance company of the at-fault driver. For work injury claims, you will need to lodge the claim in the specified format with your employer (your employer will be able to advise you on how to do this). Your personal injury lawyer will be able to help you lodge the appropriate claim for your case.

It is highly recommended that if you are looking to lodge a personal injury claim, to seek advice from a lawyer. A personal injury lawyer will be able to help you take the correct steps to ensure that you get the best outcome for your case. They will also help to speed up the process and eliminate any difficulties, headaches and pitfalls.

It is also important to note that you should be getting any medical treatment you need while making the claim. Don’t put off treating yourself and fixing your injuries.

If you would like help with a personal injury claim, get in contact with us today and we would be happy to help!

Categories
Wills & Estates

What to Do if You Want to Dispute a Will in Sydney

If you feel you have been unfairly treated in the Will left by a loved one, you may want to dispute or contest the Will to try to get a fairer outcome. This can be a difficult decision to make, but if you have decided to go ahead, this is what you need to know.

How to Dispute a Will in Sydney

Circumstances under which you can contest a Will

You are eligible to contest a Will if:

  • proper provision was not given to you in the Will
  • you were promised that you would be left a specific portion of the estate and that hasn’t happened
  • a clear error or mistake was made in the Will and a court order is sought to correct that error
  • the deceased was subject to undue influence in making the Will
  • the deceased lacked capacity to properly make the Will

You will need to submit an application to the Court to contest the Will. Be aware there are strict time limits when this can be done (discussed further below).

Family provision claim

You are able to make a family provision claim if you feel you have unjustly been left out of the Will and you are either:

  • a spouse (including facto spouse)
  • child (including step-child)
  • or were a dependent of the deceased (defined as “wholly or substantially maintained or supported by the deceased person” and a parent of the deceased, parent of a child of the deceased or a child under the age of 18 years.)

If you meet this criteria and wish to make a family provision claim, you will be challenging the Will and asking the Court to issue an order to properly provide for you from the estate.

Time limit to contest a Will

There are strict time limits for contesting the Will with a family provision claim.

Generally, you must advise the executor of the Will within 6 months of the deceased’s death that you are intending to make the claim. The court proceedings usually have to be filed within 9 months.

Under circumstances it may be possible to lodge the claim at a later date, but it must be done before the estate is distributed.

Issues with the executor of the Will

If you believe that the executor of the Will is not properly doing their duties, is acting improperly or has a conflict of interest, you are able to submit an application to the Court to have the executor removed.

The court will consider the mismanagement of the estate and the misconduct of the executor and decide if they see fit to remove them from the role. This is solely at the court’s discretion.

Who pays the legal fees

If making a family provision claim, usually the legal costs will be paid from the deceased’s estate. However, if the executor of the Will does not agree to this, you will need to apply to the Court in order for them to be paid from the estate.

Contesting the Will

The best way to contest a Will is to speak to a lawyer who specialises in Will disputes. We at Elmassian Lawyers are experts in the field of Will contesting and disputes. We have years of experience and have been through hundreds of Will disputes, so we know the process inside and out and are here to ensure you get the outcome you are looking for. To talk about your Will dispute, call us on 02 9958 2407 or email us on .

 

 

Categories
Litigation

What to Do If Someone Sues You

If you’ve never been sued before or been through a litigation, getting sued can be a shocking and nerve wracking experience. However, there is a process to deal with the matter which will help you to come out of the other end in good shape.

What to Do If You Are Being Sued

What you should NOT do

The worst thing you can do if you are being sued is to do nothing. If you ignore the matter, the other person will be able to take enforcement action against you which can include making you bankrupt and selling your property. The judgement will also affect your credit rating which can make it hard for you to take out loans or do other things such as be a company director. So in short, don’t ignore it!

What you should do

First, you should seek legal advice as soon as you are served with the documents. You only have 28 days to file a defense, so make not of the time and date of when you were serviced. If you were served after 4pm or on a weekend, the time starts on the next working day.

You will need to show your lawyer exactly what is being claimed in the documents. They will then help you to come up with a defense, either technical or substantive. The defense has to be in detail and respond to every allegation in the claim. If you deny an allegation or cannot admit it, you will need to state why. If you don’t, you may be deemed to have admitted the allegation, so be aware of this.

If you are being sued and want the help of a litigation lawyer in Sydney, talk to us at Elmassian Lawyers now. We are experts in litigation and are able to help you resolve your case. Talk to us now by calling 02 9958 2407 or emailing

Categories
Litigation

What Do Litigation Lawyers Do?

If you find yourself with a lawsuit on your hands, or you are looking to take legal action against someone, you are in the process of litigation.

Lawsuits are useful tools to resolve many different disputes legally ranging from injury to monetary loss. But they are also complex and stressful, which is where having a professional comes into play.

Litigation Lawyers in Sydney

A litigation lawyer is a lawyer who handles your case and represents you in court once a lawsuit has been filed. They can also represent someone who has been arrested and is facing criminal charges.

A litigator needs to be familiar with all local civil and criminal procedures in the jurisdiction that they practice. You particularly want one who has experience in the field which you are dealing with in your lawsuit. This will ensure that you have the best possible representation.

When a litigation lawyer is assigned a case, they have to conduct a legal evaluation of it. They will review the facts of the lawsuit and request any additional documents needed such as medical records or employee files (depending on what the case is about). The lawyer will compile a list of witnesses for depositions and for testimony if the case goes to court, and will also get legal experts such as doctors, investigators and criminal analysts if necessary.

It is also the litigation lawyer’s job to draft and file all legal documents during the litigation process and to prepare documents in case the matter goes to trial.

Litigation lawyers do have a duty to try to settle the matter outside of court by mediating and coming to a reasonable agreement between both parties. However, if this is not possible then the case will be heard by a judge. If the lawyer is not satisfied with the outcome, they are able to file an appeal.

When the case is settled, the litigation lawyer will draft a settlement agreement for the parties. This agreement summarises the facts of the case and the terms of settlement. Once the settlement agreement is signed by both parties, the case is resolved.

If you have a lawsuit you need settled, or you are thinking about filing a lawsuit, give us at Elmassian Lawyers a call on 02 9958 2407 or emailing . We are litigation specialists who can help you with all legal cases.

Categories
Property & Conveyancing

Why You Need a Conveyancer When Buying Property in Sydney or NSW

Dealing with the legal side of a property transaction can be quite a task. Like most things in the legal field, it is filled with complexity, jargon and processes that all need to be done correctly so that you don’t expose yourself to cost, risk and legal action.

Why You Need a Conveyancer in Sydney

When dealing with a property deal, there are a lot of factors that need to be taken into account, from the legal side to the financial side. No property is cheap, so we are talking a good amount of money being put at risk if something goes wrong.

While you can try do the the conveyancing process on your own, you need to be aware of what you will be up against.

The conveyancing process will involve:

  • Dealing with all parties involved in the sale including the seller/buyer, government/council, real estate agents, building inspectors, banks and so on.
  • Searching for titles of properties to find any preconditions
  • Ensuring all documents are prepared and legally compliant
  • Finalising all the documents and contracts (which are often filled with legal jargon)
  • Ensuring the buyer or seller meets all their legal and contractual obligations
  • Coordinating and completing the settlement

If this is your first time going through this process, it can be very overwhelming. If you have been through this process before, then you know what you have ahead of you.

Many people choose not to hire a conveyancer for the sake of saving on the cost. But by the time you factor in the time, effort and stress you put into doing it yourself, plus the risk you open yourself up to, it simply doesn’t pay off.

By hiring a conveyancer in Sydney to help you with your property transaction, here is what you can expect:

  • You will avoid any bad deals which could cost far more than the conveyancer would charge, because they have the experience to know what not to do
  • Avoid any legal problems which could arise if you make a mistake
  • Save a huge amount of time trying to do the process on your own
  • Prevent things from going wrong and avoid any pitfalls you may not have foreseen on your own
  • You will get advice from the conveyancer who has a lot more experience than you, so they will help you get the best deal possible
  • You won’t have to worry about being cheated on the deal because the conveyancer will ensure this won’t happen
  • You will avoid not complying to the contract at hand (unknowingly), which could end up in you being sued by the other party
  • Insurance that licensed conveyances carry which cover their clients in the case of something going wrong or a mistake being made
  • Peace of mind knowing the whole process is being taken care of properly and legally by a professional.

Hiring a conveyancer essentially ensures that your deal will go smoothly, you get the best deal and you minimise the risk.

We at Elmassian Lawyers are conveyancers in Sydney who can help you with your property transaction. Give us a call on 02 9958 2407 or email

Categories
Wills & Estates

Why You Need to Be Aware of The Family Provision Legislation When Drafting a Will

When it comes to wills, you would think that you can leave whatever you want to whomever you want. But it’s not as simple as that, and one thing that can interfere is the Family Provision Legislation.

What is the Family Provision Legislation?

This legislation is an amendment to the 1982 Family Provision Act to ensure that adequate provision is provided to family members and other persons from the the deceased person’s estate.

What this means is that if the court finds that you didn’t leave enough to certain people, it will override your will and rule in their favour for addition inheritance.

Who can make a family provision claim?

According to the legislation in NSW, “eligible persons” are able to make a family provision claim against a deceased estate. Eligible persons include:

  • A spouse of the deceased at the time of death.
  • A person who was living with the deceased at the time of death in a de-facto relationship (including same sex partners). The definition of a de-facto partner is that they have lived together for two years up to the date of the deceased’s death.
  • The deceased’s child, including adopted children but not step-children.
  • The deceased’s former spouse that has not remarried prior to the death of the deceased.
  • A person who was:
    -dependent on the deceased at a particular time.
    -a member of the household of the deceased.
    -a grandchild of the deceased.
    -a person who was living in a close personal relationship with the deceased when the deceased died.

Parents, siblings, step-children and former de-facto spouses are not considered to be eligible persons, unless they are eligible under the category where they lived with the deceased and were dependent on the deceased.

So what does this mean for your will?

This means that you need to be aware of what to do and how to draft your will in order to avoid a Family Provision Claim.

We at Elmassian Lawyers specialise in drafting wills and can make sure your will is solid and will stand the test of court. Speak to us today by calling us on 02 9958 2407

Categories
Property & Conveyancing

Things You Should Know Before Buying a Property In Sydney

The purchase of a property is often the biggest financial decision one makes in their life, especially in Sydney where prices are high. Getting everything right is crucial if you want to ensure you make a good purchase, get your money’s worth and don’t fall into any traps. Here we will go over some things you should know before buying any property.

Buying a Property in Sydney

Different Ways to Buy a Property

There are several different ways to buy a property which you should be aware of, because depending on the situation you could be locked in to various conditions.

The two most common are Auction and Private Treaty.

Auction
Buying a property by auction means you attend the auction and bid against anyone else looking to also buy it, and the highest bidder takes the property.

What you need to be aware of in an auction is that, unlike with Private Treaty, there is no cooling off period, and if you are the highest bidder, you are usually legally obligated to complete the purchase.

This means that you should make sure you are happy with everything before the auction, including the contract, the true condition of the property and so on. Once you’ve won, you won’t be able to go back on the deal if you find something you are unhappy about.

So before the auction starts, check the Contract of Sale, properly inspect the property, and if you find something you are unhappy with, you can negotiate the terms. If you can reach an agreement, then you will be good to go on bidding.

Private Treaty
The most common way to buy a house or apartment in Sydney is by Private Treaty. This is where the seller of the property puts their property up for sale at the price they would like and then negotiates with potential buyers.

Once you’ve reached an agreement, you exchange contracts with the seller and the Contract of Sale becomes active. At this time you will usually pay the full deposit (normally 10%).

However, there is still a “cooling off” period where you can pull out of the deal if you change your mind (you may still have to pay the seller a fee of 0.25% of the agreed price). You can also have the “cooling off” period waved by your solicitor if they sign a certificate and explain the contract to you so that you don’t have to wait.

Strata Title
If you are buying an apartment or townhouse, you should be aware of the fact that many of them are on a “Strata Title” which means that along with the property you are also buying into the rights and obligations of being part of the owner’s corporation (body corporate).

This means that you’ll get a say on issues related to the building or property but it also means that you will be liable for expenses for property maintenance and repairs, you’ll need to pay strata-levy fees and how you can use your property will be subject to by-laws.

In cases like these it pays off to do a good amount of research about what you are getting into, which is something your solicitor can help you with.

Other Things You Should Know

Property Inspections
When you buy a property, you are buying it “as is” which means that any nasty surprises you may find are your problem. That is why it’s a good idea to get the property inspected by a professional so that they can tell you exactly what you are looking at. Everything from pest issues, structural problems or other defects, they’ll bring them to light so that you can make an informed decision.

A property inspection may cost you a few hundred dollars now, but it could save you thousands if not tens of thousands if you buy the wrong property, so it’s highly recommended.

What’s Included?
Most standard contracts state that the property comes “in the state you find it”, which means any fixtures are included. However, you should be clear on what a fixture is.

Fixtures are anything that can’t be removed without damage to the property. So for example, a stove would normally be a fixture because it’s hardwired, but a fridge wouldn’t be because it’s just plugged in and can be easily removed.

Sometimes sellers will try to exclude certain fixtures, or other times it may not be clear what counts as fixture. So it pays to double check the contract and clarify any points you are unsure of so you know what you get with the property.

The Exchange
The exchange is when the buyer and seller both sign a copy of the Contract of Sale and exchange them. The buyer will also need to pay the deposit at this point.

If the sale is an auction, the exchange will happen immediately after the winning bid is accepted and the auction is over.

Settlement
When signing the contract you will need to agree on a settlement date, usually 6 weeks after the date of the exchange. At the settlement date, you’ll need to pay the seller the rest of the purchase price, and any utility bills and taxes.

If you are unable to pay by the settlement date, you will probably be charged interest, and in some cases the seller can cancel the contract and keep your deposit.

If you realise that you won’t make the settlement date, you should let your solicitor know as soon as possible so that they can try to come to an agreement with the seller or their solicitor.

If you are looking at buying a property in Sydney and would like to know you’ve got a professional on your side, talk to us at Elmassian Lawyers now. We are specialists in conveyancing and can help you ensure you are getting the best deal possible on your property purchase!

 

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About Us

Welcome to the Elmassian Lawyers Blog!

Welcome to the Elmassian Lawyers blog.

We are a boutique legal firm in Sydney who offer services in the many legal areas including:

  • Property and conveyancing
  • Family law
  • Motor vehicle claims
  • Litigation
  • Personal injury
  • Wills & estates
  • Notary services

We offer expert advice and friendly service, so if you need help with any of these areas don’t hesitate to give us a call!

On our blog here we will be posting the latest news from our law firm, plus advice, tips and assistance on a whole range of legal matters. So be sure to check back regularly to see what’s new!