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OUR AREAS OF PRACTICE

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POWER OF ATTORNEY & ENDURING GUARDIAN
Family Law icon
FAMILY LAW
Commercial Law icon
COMMERCIAL LAW
Succession Planning icon
SUCCESSION PLANNING
Wills and Estates icon
WILLS, PROBATE, ESTATE PLANNING
Conveyancing Coffs Harbour icon
CONVEYANCING & PROPERTY LAW
Senior Law NSW
SENIOR LAW
Notary Public icon
NOTARY PUBLIC
icon Power of Attorney

POWER OF ATTORNEY & ENDURING GUARDIAN

The main difference between the documents is that an Enduring Power of Attorney relates to financial and/or property decisions and an Enduring Guardianship appointment relates to lifestyle, health, medical and other personal decisions.

WHAT IS A POWER OF ATTORNEY?
A Power of Attorney is a legal document which provides a person you trust (your “attorney”) with authority to deal with your financial affairs. This document states what powers your attorney(s) hold.  
You can appoint one or multiple attorneys and alternate attorney(s) to plan ahead in the event of a nominated attorney being incapable of acting.  

Appointing an attorney does not prevent you from carrying out financial transactions yourself while you are still capable of doing so.  

A Power of Attorney continues as long as you want it to, and it can be cancelled at any time while you have the capacity to make decisions. You can specify whether your Power of Attorney will continue to have effect in the event that you lose mental capacity.  

A Power of Attorney will cease to be effective at such time as you pass away.  

WHAT IS AN ENDURING GUARDIANSHIP?
An Appointment of Enduring Guardianship is a legal document which appoints a person you trust (your “guardian”) to make lifestyle, health, medical and personal decisions on your behalf when you are not capable of doing so for yourself. You could be injured or become ill with a condition which makes it impossible for you to make informed decisions on our own behalf.  

You can appoint multiple guardians and/or alternate guardians in case a nominated guardian is incapable of acting at any point in time. Enduring Guardianship can only be made while you still have mental capacity to do so.  

An Enduring Guardianship will cease to be effective at such time as you pass away.
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Family Law icon

FAMILY LAW

Family Law deals with the following matters which fall under Family Law Act 1975:

  1. Divorce;
  2. Financial matters about property and maintenance of separated couples, whether the parties were married on in a de facto relationship (including same sex de facto relationships); and
  3. Parenting issues about children after the separation of their parents.

Family Law is one of the most emotional and challenging areas of law. Family breakups, divorce and parenting arrangements can place extreme pressure on individuals, families and children.

We understand these issues and combine our knowledge, compassion and empathetic approach to guide our clients through one of the most challenging times in their lives to achieve the best possible outcome in a timely and cost-effective manner.

We will work with you to understand the issues in your matter and provide practical and appropriate legal advice to reach a resolution for you and your family.

No two matters are the same and we will provide advice based on the needs of the particular matter and client. We provide:

  1. Provide realistic and practical legal advice;
  2. Advise and guide you through the settlement process, including representation at mediation or family dispute resolution process;
  3. Negotiate settlements for both financial and parenting matters;
  4. Drafting terms of settlement and implementation of settlement;
  5. If negotiation is not successful, commence proceedings and represent clients throughout litigated family law matters; and
  6. Advice on, prepare Divorce Applications and attend Divorce Hearings.
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Commercial Law icon

COMMERCIAL LAW

For businesses, the difference between getting a deal done and losing out to the competition is very important. We handle a wide range of commercial legal matters from commercial property purchases/sales, business sales and leases.

As a landlord it is essential that the lease is enforceable and drafted appropriately to ensure that your property investment is protected. You are required to comply with all applicable legal requirements for the lease to be binding on the tenant.

As a tenant the lease of your business premises is extremely vital to the success of your business. You must ensure that your lease is correctly drafted to avoid having to pay unexpected costs or change some important aspect of your operation in the future.

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Succession Planning icon

SUCCESSION PLANNING

We can assist you in succession planning for your estate, business or family farming practices. It is important to consider what you want to happen with your business and assets in cases where you wish to retire or if there is a significant event that affects your ability to run your business.

Succession planning reduces uncertainty, can provide for your family and gives your and your business partners peace of mind.

When you’ve put your heart and soul into a business to make it a success, you won’t want it to go under if something happens to you. That’s why it’s important to have a succession plan. It can set out your wishes and requirements if there’s a significant event that affects your ability to run your business.

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Wills and Estates icon

WILLS, PROBATE AND ESTATE PLANNING

A Will is an important legal document as it sets out your intentions regarding who you wish to inherit or benefit from your assets when you pass away.

Without a valid Will, your loved ones will not know who you wanted to inherit your assets and sentimental items. This means you will be dying intestate. When this happens, your assets will be distributed according to a formula set out in the Succession Act 2006 which may not be in line with what your wishes are. The Succession Act defines which family members are entitled to your assets and what portion of your estate they are entitled to receive. If you die without a valid Will the law does not provide for gifts to friends or charities, or any religious or cultural arrangements you may want to make. There is no allowance for pets, who can also be important members of your family.

With a proper estate plan, you can set out determine matters including the financial implications to your beneficiaries on your passing. We can assist you to understand the law in relation to your Wills, trusts, powers of attorney, enduring guardianship and superannuation.

When a person passes away, we act for executors to obtain a grant of probate or for an administrator to obtain letters of administration (where are person has died without a Will). We can assist with all aspects of estate administration once the Grant has been made by the Supreme Court of NSW, calling in the assets of the estate and distributing assets in accordance with the terms of the Will. We can also assist you with obtaining a reseal of the grant of probate interstate or overseas.

We have experience in advising on and resolving disputed estates, disputes about the interpretation of Wills, acting in family provision matters where a party seeks additional benefit from an estate and also advise and appear in attorney and guardianship matters referred to the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT).

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Conveyancing Coffs Harbour icon

CONVEYANCING AND PROPERTY LAW

We provide practical and considered property law services for a range of matters, from conveyancing for residential property to more complex commercial transactions, leasing, strategic advice to property developers, advice regarding property interests and the lodgement of caveats. We work with individuals, property developers, commercial clients, and financial institutions.

WHAT IS A CONVEYANCE?

A conveyance is the transfer of legal title of a property from one person or entity to another, whether the property is residential, rural, commercial, industrial, or vacant land. A conveyancing transaction is often one of the largest financial transactions that a person will make, and therefore it is very important that you obtain legal advice prior to signing any documentation, or agreeing to the sale or purchase of land, to ensure that you do not unintentionally compromise your interests.

We are experienced in all aspects of property law, including performing contract reviews, conducting necessary due diligence enquiries, and liaising with third parties such as conveyancers, property developers, financiers and government agencies in relation to all aspects of commercial and residential property transactions.

We use the Property Exchange Australia (PEXA) platform for e-Conveyancing and it allows us to lodge documents with Land Registries and complete financial settlements electronically.

LEASES

Leases set out the legal terms and conditions through which a business may occupy a property/premises. Whether you are a lessor or lessee, a lease agreement should be formally prepared and reviewed to ensure any compliance issues are addressed prior to signing, and that there is a balance of rights between the parties. Lease disputes may be minimised by having a well-drafted lease agreement with clear and expertly drafted terms in place, and by ensuring the parties obtain independent legal advice regarding their rights and obligations.

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Senior Law NSW

SENIOR LAW

We can assist you and your family through legal problems that come with ageing. As you age, there are many life events which can impact your quality of life, financial security and relationships which can require legal advice to ensure that you make the right decision for you and your family.

We can provide you with friendly, clear and personalised advice that is tailored specifically to your family’s situation so that you are able to make informed decisions that relate directly to your particular needs.

We can assist you with the following issues:

• Financial Abuse of the Elderly

• Estate Planning & Asset Protection (Protect Your Assets)

• The preparation of Wills, Enduring Guardian & Enduring Power of Attorney documents

• Superannuation Entitlement Claims

• Probate & Administration of Estates

• Estate Disputes

• Advance Medical Directives

• Guardianship Tribunal Matters

• Family Law (Grandparents Access to Kids)

• Retirement Village Entry (Residential Aged Care Facilities Entry, Legal Advice & Contracts)

• Retirement Villages & Residential Aged Care Facilities

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Conveyancing Coffs Harbour icon
NOTARY PUBLIC

Pardeep Grewal is a Notary Public who has been appointed for life by the NSW Supreme Court and given statutory powers to witness documents, administer oaths and perform other wide ranging and useful administrative functions both nationally and internationally.

As a Notary Public, Pardeep can affix her official seal (usually impressed onto a red sticker) which has been registered with the Supreme Court of NSW and also recorded in a data base held by the Department of Foreign Affairs and Trade (DFAT), an Australian government department authorised to issue Apostille or Authentication Certificates certifying that the signatures, seals or stamps of Notaries on Australian public documents are genuine.

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