Bywaters Timms Lawyers

4/92 Commercial Road Newstead QLD 4006

Website

(07) 3648 9900

} 8:30am - 5:00pm week days - Saturday, Sunday Closed

Our lawyers see beyond legal issues, providing practical, coordinated and “results driven” commercial solutions.

Bywaters Timms is a leading commercial law firm with lawyers practicing in commercial law, business law, franchising law and wills and estate planning. We provide our clients with legal results throughout Australia, no matter where they are.

Our mission is to be an essential part of our client’s business by providing timely, up to date commercial legal advice.

At Bywaters Timms we have the experience to make our clients feel comfortable in placing their legal issues in our hands. We take time to understand our clients’ businesses and their particular issues. We genuinely care for our clients, their businesses and the outcomes achieved. We strive to achieve good commercial results for our clients and develop close, long term relationships.

Commercial Law

Commercial Law encompasses many different aspects of legal practice. Basically it is those areas in commerce that arise regularly where legal advice may be needed.

Our services include:

  • Business Structures—such as companies, trusts, partnerships
  • Trade Practices issues and compliance with the Competition and Consumer Act
  • Advising on Joint Ventures and preparing appropriate agreements.
  • Preparing and advising on Shareholders or Partnership Agreements
  • Advising on trusts and setting up trusts
  • Stamp Duty advice
  • Company restructuring
  • Advising on business acquisitions including negotiation of contracts and leases
  • Supermarket acquisitions
  • Trading Terms and Conditions
  • Web site conditions
  • General commercial Contract
  • Drafting Telco documents
  • Negotiating and settling termination of contractual arrangements
  • Advising on Privacy legislation and drafting privacy policies.

Bywaters Timms prides itself on being able to provide up to date, commercial advice to its clients in a timely manner

We also provide general business advice such as:

  • Leasing of Property
  • Sales terms and conditions
  • Negotiations with Suppliers and Consumers
  • Trading Terms and Conditions
  • Partnership Agreements
  • Buying and selling of businesses
  • Advising on Occupancy rights
  • Contractual dispute resolution

Franchising Law

Franchising is a business relationship where the owner of a business providing goods or services (the franchiser) grants a right to another person (the franchisee) to market and distribute the franchiser’s goods or services in the marketplace.

The relationship between those two parties is usually covered by a franchise agreement.

Bywaters Timms can assist clients in all aspects of franchise law including:

  • Advising on the appropriate structure for the business and preparing any necessary documents such as licence agreements for intellectual property
  • Advice about setting up a new franchise system including advice on the Franchising Code of Conduct and Competition and Consumer Law
  • Preparing Disclosure Documents and Franchise Agreements that comply with the Franchising Code of Conduct and all other documents to establish a franchise system
  • Submitting Franchise documents to Franchisees for new grants, renewals or on transfer of an existing franchised business
  • Preparing and advising on Leases and Licences to Occupy
  • Advising on protection of intellectual property and arranging registration of trade marks nationally and internationally
  • Negotiating, mediating and resolving disputes between franchisers and franchisees
  • Advising on Trade Practices issues and conducting seminars to inform clients regarding their obligations under the Competition and Consumer Act
  • Assisting clients to implement Trade Practices Compliance Programs
  • Reviewing and advising on Franchise Agreements for new or renewing franchisees
  • Assisting in due diligence

We also provide general business and commercial advice such as:

  • Advising on Joint Ventures and preparing appropriate agreements.
  • Preparation and advising on Shareholders or Partnership Agreements
  • Advising on trusts and setting up trusts
  • Stamp Duty advice
  • Company restructuring
  • Advice on acquisition of franchise systems
  • Advising on business acquisitions and negotiation of contracts and leases.  See our articles on the Steps involved in purchasing a franchise business.
  • Advising on all aspects of acquisition of a supermarket

Business Law

Business Law is one of the branches of general commercial law and concentrates on such matters as:

  • Leasing of Property
  • Sales terms and conditions
  • Negotiations with Suppliers and Consumers
  • Trading Terms and Conditions
  • Partnership Agreements
  • Buying and selling of businesses
  • Advising on Occupancy rights
  • Contractual dispute resolution
  • Stamp Duty advice
  • Supermarket acquisitions
  • Advising on business acquisitions including negotiation of contracts and leases
  • Business Structures—such as companies, trusts, partnerships.

We also provide general commercial advice on areas including:

  • Trade Practices issues and compliance with the Competition and Consumer Act.
  • Advising on Joint Ventures and preparing appropriate agreements.
  • Preparing and advising on Shareholders or Partnership Agreements
  • Advising on trusts and setting up trusts
  • Company restructuring
  • Trading Terms and Conditions
  • Web site conditions
  • General commercial Contract
  • Drafting Telco documents
  • Negotiating and settling termination of contractual arrangements
  • Advising on Privacy legislation

Wills and Estate Planning

…it’s all about family. Will your children and grandchildren get the most out of your family wealth?

The team at Bywaters Timms can give you top quality  estate planning advice including up to date professional advice on:

  • Sophisticated Testamentary Trusts with strategies for dealing with challenges many families are faced with
  • Options in estate or succession planning
  • Wills
  • Powers of attorney
  • Enduring powers of attorney
  • Advanced Heath Directives
  • Administration of deceased estates                   
  • Family Trusts
  • Applications for Probate
  • Contested Wills
  • Family Provision Claims
  • Elder Law
  • Health Law
  • Business Succession Agreements

..AND we will do all this in a friendly, down to earth (excuse the pun!) way that the client can understand, without legal jargon.

Questions for your estate planning documents

  • Does your Will allow your beneficiaries to save the hidden taxes that can arise from a deceased estate, or  protect their inheritance from being inadvertently lost or decreased?
  • Is there potential under your Will for an inadvertent unequal division between your children?
  • Do you believe your superannuation and family trust assets are adequately covered?
  • Do you think the assets in your Family Trust are adequately covered?  Who do think will control your Trust?
  • Is there any protection under your Will from  being squandered by immature or vulnerable kids?
  • Do you have an Enduring Power of Attorney?
  • If not,  who do you think will have the power to make medical and financial decisions for you if you were to lose your ability through illness or accident to make your own decisions?

Our reputation is based on proven depth of experience and expertise. We have a strong established client base with whom we work closely. We really do become an essential part of our client’s team.

Visited 81 times, 1 Visit today

Related Posts

What do i do if im left out of a will

The following case study is from a Sydney Law Firm specialising in Will Disputes.   The main points of this case are:-

  • When one parent remarries and leaves the estate to the new spouse.
  • Power of Attorney sells home and buys a new home in his name only.
  • Children could not claim on their mothers’ house as she was no longer on the title.
  • 12-month window for Will Dispute nearly exhausted in negotiations
  • Notional Estate

Our firm successfully represented two sisters who were left out of their mother’s Will.  Their mother contracted a terminal illness and died in her 50s.  Each adult daughter had a young family.  The mother had remarried and had made a mutual Will with her second husband in terms that she left everything to her husband, and that on his death he would leave everything to the two daughters. The husband made a Will leaving everything to his wife, and then to her daughters.

In addition, the wife granted the husband a Power of Attorney over her financial affairs.

Once the wife became ill and was no longer able to be cared for at home she had to be removed to a nursing home.  While she was living in the nursing home and without her knowledge her husband, using the Power of Attorney, sold their home and with the proceeds of sale purchased a new home in his name only.  He did not inform his wife of his actions.

The daughters only learned of these events after the death of their mother, when her estate revealed that she did not own her home.left out of a will what can i do

During the next 11 months the husband continued to promise the two daughters that he would come to an accommodation and provide for them, however, nothing eventuated and the daughters sought our expert advice.  It was important that they did so as their right to bring a claim on their mother’s estate would have lapsed after 12 months, and they would have been robbed of their inheritance if they continued to let the negotiations with the second husband prolong for a further month.

Heckenberg Lawyers was able to file an application on the eve of our clients’ rights expiring and to preserve their rights of inheritance on their mother’s estate.

We were then able to conduct a Court case where we were able to reveal the transactions by which the mother’s real estate and bank accounts had been taken by the second husband for his own benefit and the purchase of his new home.

This involved the concept of ‘notional estate’, whereby evidence is presented to the Court that although the property no longer forms part of the deceased person’s estate (in this case, as it had been taken prior to her death) it can under certain circumstances be identified and brought back into the estate for accounting purposes, which we were successfully able to do in this case.

We are pleased that we were able to achieve a successful result for both our clients and they were able to secure their inheritance, something which their mother had always intended them to receive but they were in very real danger of losing completely.

Heckenberg Lawyers are recognised as leaders in the law of contested estate litigation, disputed Wills and Probate law.  Deceased estate disputes and cases where people have been left of out of the Will are often factually complicated and involve precise legal principles. We have been specialising in these areas of the law for over 20 years, and provide cost-effective and expert legal advice.

See our Will Dispute Lawyer & Contesting Wills page for more information on the Wills & Estates services we provide or contact us for advice specific to your situation.

What do I do left out of a will lawyer