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Lawcorp Lawyers established in 1979, is a medium sized legal firm practicing in Doncaster East in the eastern suburbs of Melbourne.
- COMMERCIAL & BUSINESS LAW
Today’s business world has become even more complex and diverse than ever before leading to a greater need to seek legal advice and guidance in protecting your interests. Our comprehensive services include the following
Distribution, Loan, Supply, Trusts ,Partnerships ,Share/unit holders
Commercial, Employment, Service, Franchising
Security documentation and guarantees
Buying and selling businesses and companies
Trading terms and conditions
Business structures and succession planning
Corporate Governance and due diligence investigations
Asset Protection and risk management
Corporation Act compliance and directors duties
Intellectual property including trademarks, copyright and registered designs
Bankruptcy and insolvency
- Criminal Law
There are three types of criminal offence which are explained below:
A Summary Offence is one that is only dealt with by a magistrate in the magistrate’s court and usually covers most Common Offences. Examples of a Summary offence include:
- Disorderly behavior
- Driving under the influence of alcohol or drugs
- Minor criminal damage
Minor Indictable Offence
A Minor Indictable Offence is one that is also dealt with in a Magistrates Court however; the defendant can choose to have the matter dealt with in a higher jurisdiction. If heard in the Magistrates Court the matter are prosecuted by t eh Police. Examples of this type of offence include:
- Theft and Receiving
- Serious criminal trespass
- Illegal use of a motor vehicle
- Aggravated assault causing harm
- Indecent Assault, Stalking
- Gross Indecency
- Property Damage
Major Indictable Offence
A Major Indictable Offence is one that can only be dealt with in the District or Supreme Court the more serious offences being handled in the Supreme Court and guarantees the defendant a right to a trial by jury. Before a person charged with a major indictable offence goes to trial there is usually a committal hearing conducted to assess if the prosecution’s evidence strong enough to have a successful conviction. Examples of this type of offence include:
- Unlawful sexual intercourse
- Property damage (including arson) where damages exceed a certain $ value.
Lawcorp Lawyers’ has an accredited specialist to deal with the above legal needs.
- ESTATE PLANNING
Estate planning is the process of deciding on how you want your personal, financial, family and business affairs dealt with when you are unable to do so on account of your death, ill health or incapacity.
It takes into account a range of legal and financial considerations and goes beyond putting your Will and Powers of Attorney in place.
You need to thoroughly understand the benefits of having an effective Estate Plan in place even when there is no reason to expect it will need activation for many years.
Some more important reasons for seeking advice and implementing an estate plan are:
– in anticipation of retirement
– business succession planning
– provision for those who may be dependent on you
– protection of assets e.g. bankruptcy, minors, family breakdown
– tax effective transition of assets to heirs before and or after death
– maximising investment returns
– maintaining balance between capital and income needs
– reducing unnecessary legal, financial and administrative stress on others
Wills and Enduring Powers of Attorney
A Will and Enduring Powers of Attorney are probably the most important documents most of us will ever sign.
These legal documents provide maximum security and peace of mind for you and your family in the event of death and physical or mental incapacity.
Similarly, a poorly worded Will or the absence of Powers of Attorney can have deep impact on the dynamics of the family structure causing dispute and anxiety to the very people you want to gain a benefit from you.
A further important consideration is the care of infant children or other family members with a disability who rely on parents or siblings for their daily needs. It is vital that a protective strategy is in place in the event of the carer not being able to fulfill their responsibilities.
The Laws regarding Wills and Enduring Powers of Attorney are very strict and non compliance or breach of these rules can have significant adverse outcomes.
E.g. a Will could be deemed invalid and require Court intervention. Even if a Will is valid, there are other circumstances where the Court may be asked to rule on such as Testamentary capacity or dealing with a claim/dispute against the estate by a party who feels they have been inadequately provided for by the testator.
The contesting of a Will is a stressful time for all parties involved and usually occurs when feelings of grief are most raw, making the situation even more distressing. Obtaining professional advice is crucial to ensuring these situations are handled appropriately and successful outcomes are achieved.
Executorship, Estate Administration & Probate
The appointed Executor/Trustee of an estate is legally responsible for all aspects of the estate where such duties can be very demanding and require an understanding of law, taxation, accounting and other business practices.
An Executor can be held personally liable for failing to fulfill these duties competently and conscientiously.
Duties of an Executor/Trustee include the distribution of an estate including communicating with the parties involved, Court applications for a Grant of Representation, Probate and Letters of Administration, handling any legal challenges to the Will and continuing with the involvement of a Testamentary Trust when required.
The growing emphasis on wealth distribution has led people to give greater consideration to establishing a Testamentary Trust when making a Will which comes into effect on the death of the Testator.
A more common need for a Trust is created by a Testator within their Will or resulting from Intestacy (no Will in place). It usually occurs where the beneficiary is a minor and the benefit/assets are maintained in Trust under the terms of the Will until the beneficiary attains age 18 or older as specified in the Will.
A Discretionary Testamentary Trust is more complex in nature and can be used to maximise taxation conditions and extend protection of assets under certain circumstances such as bankruptcy, marital dispute and major personal issues such as drug dependency, alcoholism, gambling and general financial mismanagement.
Guardianship & Administration Applications
Many people in the community are not physically or mentally capable of managing their financial or personal affairs. They require professional assistance on a temporary or permanent basis.
The major concern for these people is that they may be exposed to financial exploitation or mismanagement even by family members and friends and therefore the legal appointment of an Administrator and or Guardian should be considered.
Such an appointment is made by VCAT, the Victorian Civil and Administrative Tribunal – Guardianship List which is an independent legal body and part of the Department of Justice.
VCAT can accept an application to appoint a Guardian or Administrator and can revoke Enduring Powers of Attorney as appropriate. VCAT will determine whether a person has capacity to reasonably manage their own affairs and make the final decision of appointment taking into account any nomination for the appointment by the person making the application.
An appointment is normally reviewed at least every three years to ensure the person under administration is being cared for appropriately and in terms of the appointment.
The construction of or any improvement/alteration to real property whether a domestic residential development or a complex commercial project is regulated under the broad classification of Building and Construction Law.
While construction law cuts across a broad spectrum of laws, it is closely interrelated with many traditional recognized principals and doctrines of the law such as real property, planning, contracts, torts, corporate, employment and tax.
Contractual terms and definitions are vitally important as they are designed to eliminate ambiguity and misunderstanding, govern the specific understanding and agreement of the contracted parties and provide the framework for interpretation and resolution of prospective construction/contract claims under the appropriate law.
Lawcorp Lawyers’ can meet your legal requirements and assist you to avoid the many pitfalls in dealing with pre and post contractual disputation. In particular, Lawcorp Lawyers provides legal service in dealing with all facets of construction projects inclusive of the following:
Building Contract Law
Pre contract advice/project negotiation
Advice on suitability of Building contracts, terms of engagement, drafting etc
Design and prepare building, construction management and alliance contracts
Dispute Resolution & Negotiation (Civil & Commercial)
Defective building work claims
Construction variation claims
Prolongation, disruption delay and liquidation damages claims
Building practitioners professional liability claims
Residential/Building defects & VCAT disputes
Advice and dispute resolution
Auditing and insurance policy drafting
Building work place accidents, OH & S and work cover claims
Advice and management of all related matters
OH & S defence representations
OH & S prosecutions
Local Government Liability and Building Commission Advice and Representation
Public works contract advice
Advice on environment/planning approval disputes
Advice to commercial and residential owners, lessors and lessees
Prohibit and risk management
Building regulatory compliance
Lawcorp Lawyers provides a comprehensive, efficient and professional conveyancing service at a competitive price without compromising care, diligence and understanding of your needs and expectation. The service incorporates all legal requirements relevant to the sale and purchase of residential, commercial, industrial, rural properties and retirement village needs. Pre purchase and sale advice and contract checking is also available.
Building maintenance and body corporate matters
Off the plan sales and purchases
Planning issues and disputes
Structuring and joint ventures
Adverse possession claims
General property transfers eg Spousal, Deceased estates
- Litigation & Dispute Resolution
Litigation is the ultimate legal process for enforcing a particular right or settling controversies / disputes between and among individuals, businesses, legal entities and government. The parties involved rely on a judge or jury to determine a legal question or matter where the term litigation is used to distinguish the process from other alternative dispute resolutions (ADRs) such as Negotiation & Settlement, Arbitration and Mediation.use of ADRs should be the preferred method for achieving the desired outcome to avoid court formalities, expense, delay and prolonged aggravation.
Negotiation and settlement
This is the most common method used in resolving disputes and controversies. the aggrieved party approaches the offending party to discuss their concerns and reasons why there should not be a settlement in resolving the matter. If the negotiation fails there are other actions that can be pursued. If the matter is resolved and the controversy/dispute is over, a signed written outcome between the parties is not necessary although it would be useful in the event any of the parties involved breaching the agreed outcome
A controversy/dispute can be submitted to a third impartial party known as an arbitrator selected by the conflicting parties who agree in advance to abide by and be bound by certain terms and conditions set by the arbitrator leading up to a first hearing. If the parties involved are unable to to resolve their controversy/dispute before the hearing date then the hearing is conducted and arbitrator determines the outcome. It is possible to have a ‘non binding’ arbitration in which case a lawsuit can be filed if one of the parties does not agree with the arbitrator’s decision.
A controversy/dispute can be submitted to a third impartial party known as a mediator who is readily familiar with similar controversies/disputes. The mediator could be a professional advisor in the form of an accountant, lawyer, financial planner or retired magistrate selected by the parties involved who agree in advance to make an in good faith effort to resolve their differences with the assistance of the mediator. The mediator works with both parties through a ‘give and take’ process striving to reach an agreement all parties are happy.
The most common reasons for need of the above services are:
- Commercial contractual disputes
- Trade Practices Act claims
- Debt recovery
- Estate claims including Family Provision Act claims
- Franchise disputes
- Securities enforcement and possession proceedings
- Mediation and arbitration
- Business and partnership disputes
- Building and construction disputes including security for payment claims
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