Brisbane Best Family Lawyers Near Me - Aylward Game Solicitors

Finding the right family lawyer can be a daunting task, but it’s important to find someone who you can trust to help you through your family law matter. At Aylward Game Solicitors Family Lawyers Brisbane Team, we understand that every family is different, and we tailor our services to meet your individual needs. Aylward Game Solicitors are committed to providing you with the best possible outcome, and we’ll work tirelessly to achieve that goal. Call us today at 1800 217 217 (http://tel%20:1800%20217%20217/) to schedule a consultation.

WE’RE HERE TO HELP YOU EVERY STEP OF THE WAY.

STAY AHEAD OF THE GAME WITH AYLWARD GAME.

Why Hiring an Expert Brisbane Family Lawyer is Important When You’re Going Through a Divorce or facing family law issues.There are a number of reasons why it is important to hire a lawyer in Brisbane. The first is that they will be able to help you with any legal issues that you may be experiencing. This can be anything from family law to divorce or even estate planning.Secondly, finding an Accredited Specialist Family Lawyer with ensuring you’re represented by an expert on the law; they know what the best course of action is for your specific situation. They generally also have access to all different types of resources and information (or people) which will help them make better advice for your case.

A Few Reasons why You Need a Brisbane Family Lawyer on Your Side

There are many reasons why you need a lawyer to guide you through the legal process. The first is that they can provide you with advice on what to do in order to protect your rights. They will also be able to guide you on what documents should be signed and which ones should be avoided.

Some people may not know where they can find a lawyer and this is where online directories come into the picture. These directories help people find lawyers in their area and list the services they offer, as well as their prices.

OUR BRISBANE FAMILY LAW SERVICES

We solve problems, we find solutions, we look after your best interests, and we provide sensible,
practical, real world legal advice – keeping you on the game.

Article Source: Brisbane family lawyers 

Are You Affected By A Retaining Wall Dispute?

This article aims to briefly discuss the challenges facing residential neighbours when a dispute between two neighbours in relation to a retaining wall arises. Generally, an attempt is made here to simulate the subject with recommendations as to how you may resolve the dispute with your neighbor.

Retaining wall in a nutshell

Retaining walls is not defined in the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) (NDA). Instead, the phrase is defined in the Macquarie dictionary to mean a wall built to hold back a mass of earth, for example. Generally, retaining walls involve engineering specifications prior to construction. The tribunals have said, that, unlike fences, it is not usually possible to make both adjoining owners liable for the cost of maintaining, repairing or replacing a retaining wall. This is because usually, a retaining wall is of greater benefit to one of the adjoining owners. For clarity, the retaining wall is not a fence for the purposes of the NDA.

What are the common challenges arising from a retaining wall dispute?

Usually, the dispute surrounding a retaining wall becomes more complex, where the retaining wall is on the common boundary of the adjoining owners’ properties. That is to say, the retaining wall holds back to earth on one of the owner’s property more than the other. The issue becomes further complex whereas one neighbour refuses to repair their portion of the retaining wall which also stands as a dividing fence between the adjoining owners.

Will a tribunal make an order about a retaining wall dispute?

Generally speaking, section 35 of the NDA provides the tribunal jurisdiction to make orders about fencing work. That section is said to be an ancillary power which would enable the tribunal to make orders about retaining walls as an adjunct to an order about fencing work, but not otherwise. More specifically, section 35(1) (f) of the NDA permits a tribunal such as QCAT to decide and order any other work to be carried out that is necessary to carry out the fencing work including a work for a retaining wall.

Do I have any other option other than going to the tribunal?

Sometimes, not always, it may be open to you to consider reaching out to your neighbor in order to resolve your retaining wall dispute amicably. We highly recommend that you seek qualified legal advice in relation to how you may want to conduct a negotiation with your neighbour. This is to avoid compromising your case/rights and to protect your best interest. It is also prudent to do some research prior to discussing the matter with your neighbour. This includes but is not limited to, reviewing the approvals for the development of the retaining wall and to find out the relevant information in relation to the boundary identification of your and your neighbour’s properties.

What if my negotiation with my neighbour fails and I don’t want to go to tribunal either?

There is a free dispute resolution conference that you and your neighbour may avail without the need to have lawyers involved. This will involve a third-party mediator. However, we strongly recommend that prior to going to the conference you seek qualified legal advice so you are fully prepared and informed.

For advice or assistance with all property, commercial and residential matters, contact the Property and Litigation Law Team at Aylward Game Solicitors today on 1800 217 217

Article Source: Retaining Wall Dispute

Covid-19 Arrival And Departure New Update For Travelers To And From Australia

This article aims for update international Travelers to and from Australia on the newly approved policy on COVID-19 vaccination status.

What is new about the COVID-19 vaccination?

Effective 12.01am 6 July 2022, the Government of Australia will no longer require people traveling to and from Australia to declare their COVID-19 vaccination status.

What part of the law has been amended?

On the advice of the Australian Chief Medical Officer, the Government has now amended the relevant provision of the Biosecurity Act 2015 which required that all arrivals to and from Australia to declare their vaccination status.

What are the other important rules the travelers should be mindful of?

Despite the above, all travelers will still be required to comply with any remaining COVID-19 requirements of airlines and shipping operators, as well as other countries and states, and territories. Currently, state and territory orders require all the travelers to wear masks on inbound international flights as well as domestic flights.

Will there be any more changes to the above remaining requirements?

It is hard to say at the moment as the Government will act on the medical advice of the Chief Medical Officer, as and when needed. Therefore, we suggest to you to stay tuned and contact us if you need any legal advice.

For more information, please visit https://www.health.gov.au/ministers/the-hon-mark-butler-mp/media/changes-to-requirements-for-international-arrivals

For advice or assistance with all immigration law matters, contact the Immigration Law Team at Aylward Game Solicitors today on 1800 217 217

Article Source: New Update For Travelers To And From Australia 

Subclass 485 Visa Made Easier Must Read Facts

 

This article aims to briefly highlight a few interesting developments and points for international graduates who graduated from an Australian education or training institution. In short, this article contains some reasonably good news for the graduates (subclass 485 visa).

What is subclass 485 visa anyway?

This is a temporary visa for international students who have recently graduated from an Australian education or training institution. It allows international graduates and members of their family to live, study and work in Australia temporarily.

What is the good news then?

Presently an applicant for this subclass needs to:

• Nominate an occupation on the Medium and Long-term Strategic Skills List;
• Have a degree, diploma or trade qualifications closely related to that occupation; and
• Be assessed by a relevant assessing authority as having skills suitable for that occupation.

However, all new applications lodged during the 2022-2023 financial year will have the above requirements removed.

How the new application process benefits the Australian labour market?

Put simply, the new application process and the removal of the above three requirements from the eligibility criteria to apply for this subclass, allows the labour market to have expanded access to graduates with degrees and trade level qualifications who were previously ineligible for a subclass 485 visa.

How the new application process benefits the international vocational education and training graduates?

In short, it encourages those graduates to stay and work in Australia for a longer period. It will also facilitates this subclass to a broader range of graduates with trade qualifications that are not closely related to occupations on the skilled occupation list.

For advice or assistance with all immigration law matters, contact the Immigration Law Team at Aylward Game Solicitors today on 1800 217 217

Article Source: Student Visa (subclass 485)

Will and Probate Help: Things to know

 

This article aims to briefly examine the importance of having a valid will; what happens when a person dies without having a valid will, and what to do when an original will of a person who has passed away, cannot be found, or the will is lost and there is only a copy of it available.

Why it matters to have a valid will?

A valid will allows you to decide how your property, should be dealt with upon your passing away. It also defines who is to be responsible for managing your property (provided that it belongs only to you). The person who takes on this task is called the Executor.

What happens when a person dies without having a valid will?

This is a scenario that should be avoided. When a person dies without having a valid will, the person is said to have died intestate. This is currently dealt with in accordance with Part 3 of the Succession Act 1981 (the Act). In such a scenario, the closest relatives such as a spouse, for example, takes on the role of administering the deceased’s estate. However, he/she cannot do so without first receiving a grant of letters of administration on intestacy from the Supreme Court.

What happens when the person died “intestate” and does not have any next of kin?

If the person who dies does not have any close relatives such as his/her spouse or de facto partner, children, or grandchildren then the role of executor (and the proceeds of the estate) may go to the deceased’s parents, brothers, sisters, nephews, and nieces, for example. Therefore, it is important that you have a will so you can decide to who you want your assets to go.

Who keeps a copy of my original last will?

It is usually the solicitors who prepared your last will and it should be placed in their safe custody. It is important that you let your next of kin know where the original will is kept and consider if you are content to provide them with a copy of your will certified by the solicitor who prepared it.

Protection points to remember about safe keeping of an original will

If you happen to hold a copy of your original will, ensure and remember that an original copy of the will should never be stapled, pinned or paper clipped. Seek advice from a solicitor if you consider that an original will has been damaged. When you apply for a grant of probate, the Court, among other things, will look into the original will to ensure that the will in all respects is in the same state, plight, and condition as when it was prepared/found.

Should I update my last will from time to time?

Yes. This is because over time you may acquire new assets or may decide to add or remove certain beneficiaries to, or from the will. Therefore, it is prudent that you review the terms of your will regularly and update your will when your financial and other circumstances or your wishes change.

What if I cannot find the original will and only have a copy of it?

In short, if you cannot find the original of the will, or the will has been misplaced, the Court must be satisfied of all of the following matters:

• There was actually a will;
• That will revoked all previous wills;
• The applicant overcomes the presumption that, if the original will cannot be produced to the Court, it was destroyed by the testator with the intention of revoking it;
• There is evidence of the terms of the will; and
• The will was duly executed.

In Frizzo v Frizzo [2011] QSC 107, Judge Applegarth followed the New South Wales decision of Cahill v Rhodes [2002] NSWSC 561 at [55] and held that the above 5 matters must be established for the admission to probate of a copy of the will.

Aylward Game Solicitors have recently been successful in an application to have a copy of a will accepted by the Court, and a grant of probate given by the Court when the original will had been lost.

For advice or assistance with all will, estate administration, and probate, contact the Will and Probate Team at Aylward Game Solicitors today on 1800 217 217

Article Source: Will and Probate lawyers

Should I Purchase Extra Warranties From The Suppliers?

This article aims to briefly examine the Australian Consumer Law (ACL) in relation to consumers’ rights when it comes to buying goods or services, and whether as a consumer, one always needs to buy extra warranties offered from the suppliers.

What is a ‘warranty’?

This is a voluntary promise offered by the business who sold the goods or services to you. It is an offer before you accept it, but once you purchase the goods or service, you have accepted that offer and by operation of law, it then becomes a right that you can expect from the supplier and enforce it under the ACL.

What is a ‘Guarantee’?

The word guarantee is often confused with the word warranty. A guarantee implies commitment given by the seller concerning the product quality. Therefore, it can be said that the main difference between a warranty and a guarantee is that while the warranty is written, the guarantee is implied – For instance it is an implied guarantee from a manufacturer that the goods they manufacture are of acceptable quality.

Are There Different Types Of Warranties?

Yes, For the purposes of this article, let it be clear that there is always a manufacturing warranty that is adhered to any new product you purchase which is usually 12 months from the date of your purchase. This is commonly known as an automatic consumer warranty. You should not pay any extra money to the supplier to acquire this warranty. In some circumstances, the period of the warranty may extend beyond the 12 months automatic manufacturing warranty.

There are many examples of the common or automatic warranty associated with the goods you purchase— For instance, the salesman, or saleswoman may tell you that the goods you purchase can do certain things, have certain endurance, or certain powers, or you may be told that the goods is not defective and, if it is, the defective goods will be repaired or replaced at no cost to you, or you may be provided with some compensation.

What Language Is Required From The Manufacturer When Pledging Warranties Against Defect?

As of 1 January 2012, the law has made it mandatory that any warranty description against defect must be written in a plain language to include the name and address of the business giving the warranty and the claim process, for example.

Do I Need To Buy an Extended Warranty For The Goods I Purchase?

It is a common knowledge that purchasing an extended warranty is always an option at your discretion. Some businesses use wordings to the effect that such extra warranties provides extra protection you wouldn’t usually get. This is an incorrect statement. It is one thing to have an extra warranty for accidental fall or damage to a device, it is another to state that the extra warranty extends the usual manufacturing warranty from say 12 months to 36 months. Unfortunately, the fine line is not always drawn and explained by some retailers leaving the consumers confused and thinking that the manufacturing warranty is not good enough to give protection against defective goods or services. Put simply, the usual manufacturing warranty is non-replaceable, its rights cannot be taken away or waived and is inherent in the goods and service you purchase.

How Do I Know If I Need To Purchase Extra Warranty Or Not?

In short, when you purchase a goods or service, think objectively about what you expect from the goods for the purposes you purchase them. How long do you likely expect the goods or service to perform for you, or do you need extra protection such as an extra warranty to protect the value of the money you paid for the goods or service?

• We recommend that you do your research before committing to purchase any goods or services.
• Write down objective questions and ask these directly from the salesperson you meet.
• Ask the salesperson to explain to you what your automatic consumer warranties are and what will be included in any extra warranty.
• Think objectively if you really need any extra warranty on top of your automatic consumer warranty.

For detailed information about this topic and alike, you may access the following link:

Warranties

Under the Australian Consumer Law, automatic consumer guarantees apply to many products and services you buy regardless of any other warranties suppliers sell or give to you.

https://www.accc.gov.au/consumers/consumer-rights-guarantees/warranties

For advice or assistance with all consumer law matters and the latest updates contact the Consumer Law Team at Aylward Game Solicitors today on 1800 217 217

Article Source: Consumer guarantees