Our Expertise


At Corporate & Civil Legal, we can provide you with a tailored legal service for your particular needs.
We believe in building long term relationships with our clients.

We believe that our success in legal practice derives from our ability to listen to you, to focus on your needs and to deliver results each and every time.

To find out more about our areas of expertise, please click on the relevant tabs of expertise.
 

LITIGATION & DISPUTE RESOLUTION

Our litigation and dispute resolution skills are one of the firm's real strengths and they are integral to every area of practice.

We are able to advise you on legal disputes and the legal mechanisms available for their successful resolution.  We have the experience, extensive industry knowledge and commercial understanding to be able to decide which of our skills and processes is best applied to a particular problem.  We understand that every client wants a fast result.  Whether it is litigation or mediation, we can make the right connections happen with the least amount of aggravation.

Our firm provides litigation advice and expertise across a wide range of matters including:
  • Commercial and Business Law
  • Technology Law
  • Property Law
  • Trade Practices
  • Insolvency
  • Anti-Discrimination
  • Family Law
 

COMMERCIAL & BUSINESS LAW

Our firm also acts and advises on legal issues relating to a wide range of commercial dealings. 

Our key areas of expertise and experience include:
  • Commercial Contracts
  • Business Structures
  • Corporate Advisory
  • Corporate Governance
  • Franchising
  • Mergers and Acquisitions
  • Purchase and Sale of Businesses
  • Debt Recoveries
  • Trade Practices Issues
  • Professional Negligence
  • Joint Ventures / Partnerships
  • Privacy
 

EMPLOYMENT LAW

We are experienced in acting for businesses in employment law, discrimination matters, industrial relations, and occupational health and safety matters.

Effective management of these issues involve making the right decisions at every stage of the employment relationship from the initial interview to the termination of an employee.

Our expertise in employment and industrial relations includes:
  • Representation in unfair and unlawful dismissal cases
  • Negotiation of redundancy packages
  • Employment contracts advice
  • Confidentiality, non-compete and restraint of trade clauses
  • Equal opportunity laws
  • Remuneration and employee benefits
  • Occupational health and safety, workplace policies and procedures including internet policies, discrimination policies, occupational health and safety policies and sexual harassment policies.
 

PROPERTY LAW & CONVEYANCING

We can advise you when you buy and sell residential, commercial or industrial or property or in matters involving owners corporations.

We are also experienced in matters involving retail or commercial leasing.

When dealing with property matters, our expertise in conveyancing, finance and refinancing, torrens and old title systems, subdivisions, leasing and planning laws will serve to protect your interests.

You can also be assured that when property is affected by family or estate disputes, we have the relevant skills and expertise in resolving such matters.

Our key areas of expertise and experience:
  • Residential Conveyancing
  • Commercial and Industrial Conveyancing
  • Building Contracts
  • Creation and Removal of Caveats, Covenants and Easements
  • Financing and Refinancing
  • Retail and Commercial Leasing
  • Planning Applications and Disputes
  • Subdivisions and Developments
  • Retirement Villages
  • Owners Corporation
 

FAMILY LAW

Family law matters can be extremely stressful for our clients.  We can guide you through these difficult times.

Our services and advice include the following:
  • Divorce
  • Property Settlements
  • De facto Relationships
  • Maintenance
  • Pre-Nuptial and Post-Nuptial Agreements

INSOLVENCY

Our firm is able to handle many diverse legal issues that arise during a corporate reconstruction or insolvency.  We are well known to many insolvency firms.

Our expertise has enabled us to provide strategic advice on all aspects of insolvency, litigation and dispute resolution.

We are committed to achieving the best commercial outcome for the client.

Our areas of experience include:
  • Administrations, Receiverships and Liquidations
  • Investigation and Litigation funding
  • Voidable Preferences and Uncommercial Transactions
  • Liens and Retentions of Title
  • Competing Securities
  • Enforcement of Securities and Debt Subordination
  • Asset Recovery
  • Operation of Industrial Law and instruments in insolvency scenarios and upon sale of business
  • Claims Against Directors
  • Professional Negligence
  • Fraud
  • ASIC Inquiries
  • Commercial Leasing and Real Property
  • Set Off
  • Protection and Exploitation of Intellectual Property
  • Retention of Payment Regimes in the Building Industry
  • Assessment of Proofs of Debt for Unliquidated Amounts
 

INTELLECTUAL PROPERTY

Our firm is able to provide advice on intellectual property issues including licensing, joint venture and other arrangements as well as suitable structures and associated liability and tax issues.

We have formed relationships with specialist law and patent attorney firms so that we can protect our clients' intellectual property wherever and whenever the need arises.

We provide comprehensive intellectual property advice that is designed to protect our clients.  
 

FRANCHISING

We have experience in providing legal advice to franchisors and master franchisees with our solid understanding of the issues involved in establishing and maintaining an effective franchising network.

Our areas of experience include:
  • Preparing Franchise Agreements
  • Advice on setting up a Franchise
  • Advice on Compliance with Disputes Resolution
  • Payment of Fees
  • Protection of the Franchisor's Intellectual Property
  • Occupational Health and Safety AssistanceCompliance with the Franchise Code of Conduct
 

WILLS, ENDURING GUARDIANS, PROBATES & ESTATES

Wills
After your death, it is important to ensure that your property is dealt with in the way you wished.
It is essential that you prepare a proper Will which is always maintained up to date to protect your legal rights.  For those who have more complex estates, our firm is able to prepare Testamentary Trusts.

It is also important to have a Power of Attorney and Guardianship documents in place in the event that you can no longer look after yourselves.  This ensures that the person you choose is appointed as your power of attorney or guardian and can make decisions in your best interests.

There are also times when people are left out of a Will or families may dispute that others are getting too much or not enough of the estate.  In such circumstances, our firm is experienced in dealing with such issues and will provide advice to you so you are aware of your possible entitlements and the rights and responsibilities of other parties to the Will.
Our wills, probate and estates services include:
  • Challenging a Will - Disputed Estates
  • Preparing a Will
  • Preparing a Power of Attorney
  • Preparing a Guardianship Document
  • Probate
Challenging a Will
There are two ways in which you can challenge a will.  They are the following:

Challenge the validity of a Will
Forgery issues, Compliance issues with formal requirements for a Will, and/or the Will maker (Testator) not having the capacity to make out a Will.

Rewriting Will
Under the Family Provision Act the Court has the power to rewrite a Will.  It does this by making an order for provision in favour of an eligible person out of the estate of a Will maker (Testator) if, the Testator left the person out of their Will, or the Testator did not make adequate provision for the person in their Will.
An order may be provided to the Claimant (the person disputing the Will) in either a monetary amount, a specific asset or out of the estate of the Testator.
To be able to apply for provision you must be an eligible person defined in the Family Provision Act.  People who automatically qualify as eligible persons are:
  • Widows and Widowers
  • De-facto Widows and Widowers
  • Children
  • Ex-Wife/Husband
  • A Grand Child (but only if he/she was dependant on the Testator)
To receive an order for provision, an eligible person must show that he/she has been left without adequate provision for their maintenance, education and advancement in life.
In deciding what order to make, the court looks at all the facts of the case, particularly:
  • The needs of the eligible person
  • The needs of other beneficiaries of the will
  • The size of the estate (including notional estate)
  • The contribution the eligible person made to the Testator (financially and otherwise)
  • The relationship between the Testator and the eligible person
  • The ?moral claim? of the eligible person
An eligible person has eighteen (18) months from the date of the death of the Testator to apply to dispute an estate.  Permission of the Court is required should an extension be requested and will only be granted if there are good reasons for not applying within the limitation period.

A win will usually result in about 50-75% of your legal costs are being paid out for by the estate, the rest will need to be paid from the proceeds of your claim.

If you lose, your legal costs are not paid for by the estate and you may be ordered to pay the estates legal costs.
 
Our firm is able to investigate your claim and advise you on your position in succeeding in a challenge to the Will and whether we think you have a good claim.  If you do we will file an application for provision and supporting statements (affidavits) at the Supreme Court.

Power of Attorney

A Power of Attorney is a legal document appointing a person or a trustee to manage your financial affairs and assets.  A Power of Attorney is useful if you are going overseas, are unwell or immobile and you need assistance in managing your financial affairs and assets.

There are certain limitations to this and therefore it is strongly recommended that you appoint an Attorney who you can trust unreservedly.

Limitations on the Attorney are put in place by the Law to ensure they act at all times in the best interest of the principal (the person who appoints an Attorney). Should the Attorney breach their authority they can be liable for any loss suffered by the principal.

Enduring Guardian
An enduring guardian is a person appointed by you to make decisions on your behalf in relation to your lifestyle in the event that you become incapable to manage these decisions for yourself.  For example:
  • As to where you live;
  • Medical treatment you receive
  • Other personal services you receive.
When appointing an enduring guardian you can specify what decisions they can and cannot make on your behalf by empowering them with certain functions.  You can decide on how many or few functions the guardian may have.

Legal limitations on the guardian include:
  • You must be over 18 years old and you must have mental capacity (understand what you are doing) to appoint an enduring guardian
  • The guardian must also be over 18 years old
  • Your guardian cannot make a Will for you
  • Your guardian cannot consent to your marriage
  • Your guardian cannot manage your finances (A Power of Attorney is required for this).

Probate

In every Will, it is a requirement that an Executor be appointed to administer the Will upon the death of the principal.
The Executor must, in most cases, be granted Probate.
An application for Probate is filed at the Supreme Court of NSW and is accompanied by various documents including:
  • The original Will
  • A Death Certificate
  • Details of deceased assets
  • Evidence that the deceased death has been advertised
Without a grant of probate, in most cases the Executor will not be able to access the deceased bank accounts nor be able to transfer any shares, vehicles or property held in the sole name of the deceased to the beneficiaries.

Upon the Court granting Probate the Executor is authorised to administer the estate of the deceased in accordance with the Will.

The probate document acts as proof to asset holders (Banks, Private companies and Government Departments) that the Executor is authorised to deal with the assets of the estate.

Filing an application for probate and administering an estate can be time consuming, complicated and costly if mistakes are made therefore it is recommended that you seek professional assistance.