Conveyancer Near me | Conveyancing Lawyers Brisbane

 

COMMERCIAL CONVEYANCING

Buying and Selling Commercial Real Estate This process takes many forms due to differences and restrictions on the potential use of your commercial property as well as location, and cultural significance. This makes it essential to ensure that your interests are catered for in the contract terms and conditions. You need to find a legally qualified person to handle the conveyancing for your sale or purchase, however should you search for a property conveyancer near me or property solicitors near me or some other term? Conveyancer near me is very often the first thing you search for online when you’ve either had an offer accepted and/or you accepted an offer regarding selling a property. Here at Aylward Game Solicitors, we will help you in the preparation of the following documents that are needed in all contracts.

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

2. Special purpose property contracts.

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

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

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

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

7. Commercial leases that include Retail Shop leases

Commercial leases (for landlords and tenants) including Retail Shop leases

We have the knowledge and experience in leasing transaction requirements hence we will help you in case you are the landlord, tenant or assignee as well as on your commercial, industrial and retail properties.

RESIDENTIAL CONVEYANCING

Residential Conveyancing Expertise We, at Aylward Game Solicitors, will provide you with the necessary legal advice and services that relate to your residential conveyancing requirements including preparing contracts and contract special conditions. Buying and selling of a residential or an investment property is a great financial transaction that needs to be taken seriously. This is because property conveyancing transactions generate complex rights and obligations that affect the parties involved and have adverse effects if they are not taken into serious consideration. Aylward Game Solicitors will help you in the protection of your rights and obligations.

LEGAL EXPERTS IN BRISBANE CONVEYANCING

Founder Mark Game, Conveyancing expert in Brisbane, experienced in a wide range of conveyancing issues that include selling and buying of existing houses, residential units, and townhouses. They also deal with new houses and the purchase of property within a self-managed superannuation fund. They will advise you on the advantages of the self-managed superannuation fund and the penalties associated with non-compliance. They will also ensure that you undertake your transactions correctly so that you can enjoy the advantages of using the funds fully. Finally, we at Aylward Game Solicitors are obliged to ensure your transactions are documented properly using the right documents before being stamped, and ensure that the ownership of properties is registered to the right entities.

SMSF PROPERTY

Buying Property within a Self Managed Superannuation Fund
There is a marked increase in the number of investment properties being purchased within a Self Managed Superannuation Fund, and there can be many advantages to utilising this structure. However, the penalties for non-compliance with the Superannuation Industry Supervision Act can be very significant. It is vital to ensure that these transactions are undertaken correctly, otherwise, the tax advantages of using this structure may be lost. Looking to Find A Conveyancer in Brisbane?
We have experience in all areas of Property-Law in Brisbane including property contract termination to ensure that these transactions are properly documented, the right documents are properly stamped and the right entities are registered as owners of the property. A good place to begin is by asking for recommendations from friends and family, as well as your real estate agent, accountant or lawyer. You can look for local services, search “conveyancer near me” or “cheap conveyancing”. To discuss your matter, please contact us at your earliest convenience for a Free Case Review. Looking to save money and get cheap conveyancing cheap conveyancing cheap conveyancing cheap conveyancing in Brisbane?

Article Source:Conveyance Lawyer

WILLS, ESTATE PLANNING & POWERS OF ATTORNE

WILL PREPARATION BRISBANE

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

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

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

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

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

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

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

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

BRISBANE WILLS PREPARATION

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

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

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

GENERAL POWER OF ATTORNEY

Preparation of General Power of Attorney

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

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

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

ENDURING POWER OF ATTORNEY

Preparation of Enduring Power of Attorney

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

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

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

Enduring Powers of Attorney Revocation

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

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

ADVANCED HEALTH DIRECTIVE

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

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

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

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

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

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

ADMINISTRATION OF ESTATES

Brisbane Estates Administration

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

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

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

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

Article Source: Power Of Attorney Qld

What is an Easement?

 

What is an Easement?

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

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

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

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

Article Source: what is an easement

What Every Business Manager Needs To Know About Unfair Dismissal

 

UNFAIR DISMISSAL? A term slung around very often.

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

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

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

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

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

What if the termination is the right call?

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

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

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

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

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

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

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

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

Article Source: Unfair Dismissal Lawyers Brisbane

 

Property Contract Termination

A case before QCAT has recently confirmed that the fee for terminating a property purchase contract during the cooling off period (which is 0.25% of the total contract price) is payable by the proposed Purchaser to the Seller if the seller requires payment even if the proposed purchaser has not paid a deposit.

 

The proposed Purchaser had signed an REIQ Contract of Sale for a property on the Gold Coast. They paid the deposit by way of personal cheque which the proposed purchaser cancelled before it had been cashed by the selling agent. The proposed purchaser attempted to argue before QCAT that because no deposit had actually been received by the seller or their agent that the buyer was not required to pay the termination fee. QCAT rejected that argument and the decision from QCAT was that the buyers were required to pay the 0.25% termination fee. If you are considering purchasing a property, we can advise you regarding the insertion of additional special conditions into contracts, for instance providing for a Due Diligence period which enhances the proposed purchasers rights to terminate the contract without penalty.

Work Place Sexual Harrassment

In the decision in a case known as Ewin v Vergara (No. 3) (2013) the Federal Court has clarified the position under the Sex Discrimination Act 1984 as to what is a workplace for the purposes of unlawful sexual harassment. In this case the Respondent attempted to argue that common areas of the office, such as corridors or lavatories or kitchens were not the workplace for the purpose of this Act.

 

The Court rejected this argument and confirmed that what is important is the people and the relationships between them and the fact that they are connected by their common workplace/employer and that relationship rather than the precise physical environment. This was also a case in which the Court confirmed that the fact the Respondent was a Contractor rather than a direct employee was no bar to the application of the Sex Discrimination Act 1984.

To Ask or Not to Ask, That is the Question

Prospective Employers in Queensland can now ask Job Applicants to disclose pre-existing injuries or Medical Conditions. If a prospective employer wishes to do this the request to the job applicant must be in writing, must describe accurately the duties of the job and must notify the job applicant that if they knowingly give a false or misleading reply to the questions then they will not be able to claim compensation or damages if something occurs at work that aggravates the pre-existing injury or medical condition. It seems likely that the question of what is pre-existing, and what is knowingly, as well as whether the job duties were accurately described could all be fertile grounds for dispute.

Just because a prospective employer can ask these questions is it wise to do so? If an employer knows that an employee has a pre-existing injury or medical condition that employer is likely to have a higher duty of care towards that employee. Prospective Employers are also still required to ensure that during their recruitment process they do not make decisions about hiring staff which breach the various provisions of the Fair Work Act (Cth), the Disability Discrimination Act (Cth) and the Anti Discrimination Act (Qld). The process of recruiting staff remains one that employers should undertake with great care.