If you have been hiding under a piece of paper, then you may not know that the way in which the Titles Registry deals with paper certificates of title (aka paper CTs or Title Deeds) is changing(Property Conveyancing act).
A bill was passed in Parliament on 26 March 2019 amending the Land Title Act 1994 so that paper CTs will no longer have any legal effect. Accordingly, from 1st October 2019, a paper CT will become a piece of history with its only value being that of sentiment.
Once upon a time, every property in Queensland was issued with a paper certificate of title. The certificate was always required as evidence of your indefeasible title over your property. Consequently, lost or stolen certificates raised huge issues for a homeowner.
If you are part of the 11% of homeowners, who do hold a CT, as of 1st October 2019, the burden to protect this piece of paper will be for nothing.
It is not all bad news, just think; you will no longer have the pressure of storing this very important piece of paper to show your ownership. You will have no requirement to deliver this important piece of paper to Settlement should you sell in the future.
Gone are the days of stressing as you try to locate the certificate that has been a “safe place” for many years which you now cannot remember where that is. We can assure you (if you have not experienced this yourself) the process in relation to a lost CT includes jumping endless hurdles of advertising, declarations and of course, this all comes at a cost!
Instead, these will be converted to electronic Certificates of Title to follow the push towards Queensland becoming an electronic conveyancing act system.
Now, this may seem like a drastic change, but we do anticipate a few benefits. Most importantly, this electronic process will be cost-effective and save time for all parties. Should you still be worried, never fear, we have experienced legal practitioners who can give you advice on this matter to avoid any possible free legal advice issues in the Property Conveyancing.
Finally warning: from 1 October 2019, there will no longer be the option to lodge a Form 19 application for a certificate of title.Should you wish to have an item that is soon to be historic, pleaseurgentlycontact our office on(07) 3236 0001so that we can arrange a Certificate of Title for you.
The process of getting divorced is the same across Australia, as marriage and divorce are Federal responsibilities. So whether you are in Queensland or elsewhere around the country, the procedure is the same.
To obtain a divorce you need to complete and file with the Federal Circuit Court an application for a divorce. To be eligible for a divorce you need to be validly married, (not necessarily in Australia), to have been separated for at least one year, (you can be separated under one roof), and to have informed the other person that you consider that you are separated.
It is also necessary to ensure that you meet the jurisdiction requirements, such as being an Australian citizen or being present in Australia for at least the previous 12 months.
The application process is relatively straightforward and is designed to be completed online. It is possible to make a joint application for a divorce or a sole application. Many people are able to complete the application for a divorce without advice from a solicitor, but sometimes it is better to get some legal advice, especially;
If you have been separated under one roof – you need to prepare and file some extra evidence.
If you don’t know where the other person lives
If you anticipate that the other person may avoid the service of the application
If you have been married for less than 2 years
If your marriage certificate is not written in English
Getting divorced just brings your marriage to an end. It does not deal with parenting arrangements or property settlement. If you get divorced and you have not dealt with property settlement, you have 12 months from the date the divorce is made final to commence the process of dealing with property settlement.
This is a strict deadline, if you need legal advice about any Family Law matter, call the Family Law team at Aylward Game Solicitors on 1800 217 217
If the traditional approach to selling your property is not working for you or you are having difficulty obtaining bank finance to buy your home or investment property then we may have another way to assist your sale to happen oder your purchase to proceed, known as vendor finance. Vendor finance, sometimes called seller vendor finance or owner vendor finance is nothing new and has in fact been around for many years, and is often used in one form or another in commercial transactions.
For a comprehensive overview of how to buy without banks, please download our free vendor finance ebook or make a booking to speak with a property law expert.
About Vendor Finance
What is relatively new in Australia (from our experience at Aylward Game Solicitors over the last 10 plus years) is the application of vendor finance methods to buy and sell residential property.
Over that period the use of these methods has grown in popularity and is particularly popular now due to the current economic environment with a depressed property market and the extremely tight and inflexible credit policies of many banks and financial institutions.
If you are a seller and want relief from mortgage stress or a buyer wanting to leverage finance, permanent new home can be secured using this.
Mark Game has over 10 years of experience in preparing Installment Sales Contracts and Lease Options in relation to both residential and commercial property and vendor finance.
Ease Stress, Maximize Leverage
Vendor finance is ideal for someone trying to sell a property because it helps them deal with and ease the stress of mortgage payments. This can help them sell their property sooner rather than later and even get the price they have always wanted. Buyers are able to benefit a great deal from this as well.
Using the system, they are able to leverage their finances so then they have a higher chance of being able to find that property that they have always wanted.
It is also ideal for anyone who is having difficulty with their bank. Because the property market has been going through a period of depression, banks are tightening their credit policies further and further still. This means that people who are looking for help from their bank so they can buy or sell a residential property are being rejected.
It is now widely considered to be the solution to that problem, which is why it has become so popular over the last 10 years.
It could even hold the key to improving the residential property market in the future, and this method of finance could stick around even after the market has picked up such that people who are struggling are now able to get a helping hand when they need it most.
Vendor Finance Lawyers
Individuals and corporations that intend to start, sell or purchase a business have to deal with the different aspects of commercial business law.
At Aylward Game Solicitors, you can obtain the appropriate assistance and advice you need to address these legal matters. From different large-scale enterprises to sole proprietors of small local business, Mark Gamehas the extensive knowledge and skills to assist clients in undertaking diversified businesses inside and outside of the state within trust, joint or corporate business structures.
When you start a new enterprise, it is an absolute necessity to obtain the correct advice early on to steer clear of any consequence that may cause you much expense or restrict the development and growth of your business venture.
Aylward Game Solicitors Brisbane are a modern and dynamic firm of Brisbane Solicitors and Brisbane Family Lawyers who are strongly committed to traditional professional values of the legal practice in Australia.
Aylward Game Solicitors comprise a powerhouse team of Brisbane Lawyers and supporting staff that are committed to the traditionally practiced values of the legal profession.
The legal force Aylward Game Solicitors and their collective lawyers will harness nearly 80 cumulative years of experience in the fields of family law, employment law, and commercial business law; with expertise in divorce and dispute resolution as well as vendor finance and the full range of business, banking and finance law.
If you are searching for Brisbane’s Best Law Firm and seek to be represented by Brisbane Lawyers with an astute eye on providing value backed legal services, then look no further than Aylward Game Solicitors in Brisbane. Our Brisbane Lawyer Team is standing by and ready to handle your matter with attention to detail and professional knowledge in the right area of law. Let us guide you toward a fast and positive outcome and jettison the need to stress about your legal issues.
This article aims to create awareness for consumers who receive information on any goods or services by a sales representative who describes the goods or services including the benefits of such goods or services while having a mask on.
The issue is possible miscommunication as the Mask intervenes, in most, if not all cases in any conversation/communication and may alter the original oral wordings or the verb resulting in that word, subject be misunderstood in a way that was not intended.
Mask like it or not, is an intervener between the communication and conversation of two or more persons.
No. 1 – Be smart when you discuss whether to purchase goods or services with the sales representative
Remember that under the Australian Consumer Law (ACL) provisions, you may have a remedy if you are told information about goods or services that are false or misleading. The difficulty comes when you try to establish an explanation given by a sales representative without a mask while presenting it to you, versus when you hear the explanation from the representative while having a mask on his or her face. For instance, representations such as, what can be covered under a warranty, how long the warranty covers the product in question, the refund process, and so forth.
If a dispute arises as to what was said by the sales representative, and what wasn’t, unless there are additional steps taken to disprove the sales representative’s claim that this was not presented to the consumer or it was not intended, it is quite challenging to prove misrepresentation. It is also an established legal principle known in Latin as Caveat emptor (the buyer beware) which means you as the purchaser need to beware – for instance – in practical terms it means, ask a lot of questions from the sales representative about the quality of the goods, its origin, its warranty and so forth prior to purchasing it to ensure you are making an informed decision.
No. 2 – What steps do I need to take following my discussion with my sales representative?
Always remember to follow up with written email correspondence and confirm what you discussed with the sales representative. Don’t leave this correspondence to sit for a few days. It is recommended that you do this immediately following your discussions with the sales representative either the same day or the next and prior to purchasing the goods or service.
The email should be concise and direct to the point. It needs, at minimum, to include 4 facts namely:
(1) The date and place where your negotiation took place with the sales representative;
(2) The subject of the discussion and identify whom you spoke to;
(3) What you were told during that discussion; and
(4) Ask the person to whom you address the correspondence a direct question of whether your understanding of the subject and the discussion was correct and if so for him or her to confirm or correct it if need be.
Make it clear that if you did not hear from the person within the next 3 business days, you will assume that the information discussed was correct and that you will act upon the representation made to you.
No. 3 – Never presume
When you desire to purchase goods or services, never assume that your understanding of a conversation that is taking place is the same as the person with whom you have the conversation. Never assume that the representative will remember every word they expressed to you or you did to him/her. It is recommended that you document your communication with the representative and follow up with step No 2 above.
It is no brainer that an unintended consequence should be managed at its early stage to avoid unnecessary hassles to both parties and costs escalation. When you deal with a matter of a complex nature, because you are involved in the matter, your emotions can overcome arriving at the right decision necessary to address the matter and protecting the best outcome for you in a timely fashion. Therefore, seek proper legal advice and let your lawyer advocate on your behalf, and advance your case in your best interests. Remember most representatives work for businesses that are professionally insured and they often seek and receive legal advice on daily issues they face while operating their business. The question is though – in the circumstances – are you equally advised of your rights and remedy(s) you may be entitled to according to law?
For advice or assistance with all consumer law matters and the latest update contact the Consumer Law Team at Aylward Game Solicitors today on 1800 217 217
This article aims to briefly highlight the recent Australian Visa Support introduced by the Australian Government in order to address the Ukraine crisis and the eligibility criteria for Visa applicants from that country.
Who is who?
In response to the war in Ukraine, as part of the response to the crisis, the Australian Government on 23 February 2022 announced travel bans and targeted financial sanctions on eight members of Russia’s Security Council. The Government also announced that it will amend the Autonomous Sanctions Regulations 2011 to extend existing sanctions that apply to Crimea and Sevastopol to Donetsk and Luhansk.
What does Targeted Financial Sanctions mean?
Targeted Financial Sanctions will mean Australian individuals and entities cannot do business with the following banks: Rossiya Bank, Promsvyazbank, IS Bank, Genbank, and the Black Sea Bank for Development and Reconstruction. This is in addition to restrictions on Australians investing in the state development bank VEB. The list of prohibited individuals and businesses will be likely to change over time.
How the new announcement can help Ukrainian nationals?
The Department of Home Affairs is progressing visa applications from Ukrainian nationals as a priority, across all visa categories. The Department has finalised hundreds of on-hand applications over recent days.
Does a Ukrainian national need to be in Australia to benefit from the Visa support?
The Prime Minister has announced that automatic visa extensions for 6 months will be given to Ukrainian nationals in Australia who have a visa expiring before 30 June 2022. The visa holder under this category does not need to do anything to receive this extension.
What about Ukrainian nationals outside Australia?
A Ukrainian national who is currently outside Australia and who wishes to apply for a visa to Australia should consider options relevant to his/her circumstance. Those who have close family members in Australia may be eligible to apply for a visa based on their close family relationships.
We strongly recommend that Ukrainians with temporary visas in Australia and those waiting on a visa outcome or looking for Australian visa Support options seek qualified legal advice.
For advice or assistance with all immigration law matters and the latest update contact the Immigration Law Team at Aylward Game Solicitors today on 1800 217 217
A will is a legal document that sets out how your property will be distributed upon death. If you die without a valid will in place your property will be distributed in accordance with the relevant succession law in each state. This can create uncertainty and lead to family provision claims being brought by potential beneficiaries.
Why do you need a Will?
If you die without a Will the law says you have died “intestate”, which means that you have left no valid instructions as to how your property will be distributed. Your estate will then be divided up according to a formula in the legislation.
Why do you need an up-to-date Estate plan or Will?
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.
When should you review your Estate Plan and update your Will?
Your Estate Plan and/or Will should be reviewed every 2 (two) years at least or upon any of the following circumstances changing:-
■ You divorce or marry;
■ You have children;
■ You or someone named in your will change their name;
■ Your Executor or a Beneficiary dies;
■ You sell or buy a property or create a company or trust that you have dealt with or need to deal with in your Will;
■ You enter or cease a de facto relationship; or
■ Your wishes change.
Do you have a “Blended” family?
If you or your partner has children from a previous relationship then we recommend you seek our advice in relation to your Estate Plan and Will. Wills for blended families can be more complex as the testator usually wants to provide for both their children and their current spouse, which can require particularly careful planning.
Wills And Estate Planning
What will Aylward Game Solicitors do for you?
We will take care of the process for you, including:-
■ A comprehensive review of your personal circumstances;
■ Detailed advice to ensure your loved ones are provided for in your Will;
■ Your Will is properly drafted, signed, and witnessed;
■ Your estate planning goals are clearly addressed;
■ The potential for your Will to be challenged after your death is minimised;
■ You receive accurate advice on capital gain tax issues from us, as well as appropriate accountants or financial planners;
■ Your original Will is kept in a safe place; and
■ Your superannuation funds, life insurance, companies, and trusts are property dealt with.
Costs
The cost involved in an estate plan review and the preparation of a Will depends on individual circumstances and how complex the Will needs to be in order to effectively deal with your individual circumstances. The Will is only one element of a broader process.
We do however offer very reasonable fees for an estate plan review and Will preparation.
When you consider the peace of mind you will have in knowing everything is in order in the event of your death; the cost of drafting your Will is not an expensive outlay.
An Estate Plan and a Will are some of the most important documents you will make in your lifetime and without professional advice, you could unintentionally leave your family with very complicated, difficult, and expensive issues to resolve.
POWER OF ATTORNEY
A Power of Attorney is a legal document that authorizes another person to conduct financial affairs on your behalf, for example, buying or selling land. If you appointed your spouse to act as your attorney for financial matters it is important to consider reviewing your Power of Attorney if one of the following circumstances is applicable to you:
■ If you have separated from your partner
■ If you are considering separating from your partner
■ If you and your partner obtain a divorce
ENDURING POWER OF ATTORNEY
AnEnduring Power of Attorneyis a legal document that authorises another person to make financial and health decisions on your behalf.
Your attorney will be able to continue making financial and health decisions in the event that you lose the capacity to make those decisions on your own behalf.
If you appointed your spouse to act as your attorney it is important to consider reviewing your Enduring Power of Attorney if one of the following circumstances is applicable to you:
■ If you have separated from your partner
■ If you are considering separating from your partner
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.
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.
