Debt recovery at G&B Lawyers ...

Debt recovery action – what if you dispute the debt or can’t pay?

If you don’t think you owe the money, or if you’re unsure, you should contact your solicitor as soon as possible so that they can dispute the debt and try to prevent court proceedings from starting.

Even if you do owe the money, your solicitor can help. For example, they may be able to negotiate with the creditor to come to some kind of arrangement, such as paying by instalments. At the end of the day, in most cases, they just want their money re-paid.

If the claim against you ends up in court and you lose, you could be liable for interest as well as the legal costs your creditor spends recovering the money from you. So where possible and appropriate it is worthwhile trying to negotiate before it goes to court.

What happens if it goes to Court?

To start court proceedings a solicitor needs to file a Statement of Claim. If someone serves you with one of these, you should never ignore it. If you do, the creditor can apply to the court for a default judgment against you.

You usually have 28 days to take action after someone serves a Statement of Claim on you, so you need to move quickly and without unnecessary delay. The good news is that it’s still not too late to pay your debt.

You can admit you owe the money and apply to the court to pay by instalment. But if your creditor doesn’t agree to the terms you’ve proposed, the claim will end up in court.

If you don’t owe the money, you can defend the claim. Your solicitor can lodge a defence on your behalf, which sets out your reasons for disputing the debt.

You may also choose to lodge a counter-claim against the creditor, for instance if the work wasn’t performed or if you received defective goods.

 

Level 11, 65 York Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au

 

Buying & Sell a property with G&B Lawyers ...

Conveyancing from $950
(plus GST and disbursements)

 

Conveyancing, Property Disputes, Development Applications and Property-related Litigation

 

Level 11

65 York Street, Sydney, NSW 2000
Mail: GPO Box 1849, Sydney, NSW 2001

 

Kim Glassborow - Principal Lawyer

M: 0481 287 528

E: info@gandblawyers.com.au / kglassborow@gandblawyers.com.au

W: www.gandblawyers.com.au

 

Liability limited by a scheme approved under Professional Standards Legislation

 

Wills are Important!!!

A will is a legal document which sets out who’ll receive your property and possessions when you die.

When you have a valid will, you give yourself the best chance of making sure your assets go where you want them to.

So you should always make a will if you have a family or if other people are financially dependent on you.

What makes a will valid?

A will generally needs three things to be valid:

• It must be in writing (whether handwritten, typed or printed)
• It must be signed, and
• Your signature must be witnessed by two other people who also need to sign the will.

But even where you’ve met these three requirements, your assets can’t be distributed immediately. Sometimes, a court needs to grant probate first.

What happens if you die without a will?

If you die without a valid will (known legally as ‘dying intestate’), a standard formula is used to distribute your property and possessions. Usually, this means all your assets will pass to your spouse or children.

But the situation becomes much more complex if you have a legal spouse and a de facto spouse (ie you’ve separated and have a new unmarried partner), if you have children from different relationships, or if you die with no spouse and no children.

The court’s formula usually also only lets your family members inherit from you.

So having a valid will is vital if you want to leave gifts to friends or charities.

 

Level 11, 65 York Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au

 

 

Need a Trust set up? Speak to G&B Lawyers

Trusts can be used as a tax minimisation strategy; as a means of providing shared income for family members; to minimise the risk of creditors making a claim against your assets; and to place valuable assets out of the direct control of individuals at risk of making poor decisions that may affect a number of stakeholders involved. 

One type of discretionary trust is a family trust.

A trustee (frequently one of the family members) is elected to hold assets in their name for the benefit of a group of beneficiaries.

Although one or more person can be elected as trustee, so to can a company. This is beneficial in terms of avoiding difficulty experienced in situations such as the death of a trustee, or in circumstances where a trustee is declared bankrupt. 
G&B Lawyers can assist you with:

• Drafting trusts
• Reviewing trusts to ensure they comply with financial and trust-related legal requirements
• Advice for your accountant to make suitable arrangements
• Advice for structuring your trust in ways to minimise the chance of claims being made under family law or debt recovery proceedings.

Speak to the experts at G&B Lawyers.

Level 11, 65 York Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au

Conveyancing with G&B Lawyers

Conveyancing from $950
(plus GST and disbursements)

 

Conveyancing, Property Disputes, Development Applications and Property-related Litigation

Level 11

65 York Street, Sydney, NSW 2000
Mail: GPO Box 1849, Sydney, NSW 2001

Kim Glassborow - Principal Lawyer

M: 0481 287 528

E: info@gandblawyers.com.au / kglassborow@gandblawyers.com.au

W: www.gandblawyers.com.au

Liability limited by a scheme approved under Professional Standards Legislation

 

Why are Wills so important?

A will is a legal document which sets out who’ll receive your property and possessions when you die.

When you have a valid will, you give yourself the best chance of making sure your assets go where you want them to.

So you should always make a will if you have a family or if other people are financially dependent on you.

What makes a will valid?

A will generally needs three things to be valid:

• It must be in writing (whether handwritten, typed or printed)
• It must be signed, and
• Your signature must be witnessed by two other people who also need to sign the will.

But even where you’ve met these three requirements, your assets can’t be distributed immediately. Sometimes, a court needs to grant probate first.

What happens if you die without a will?

If you die without a valid will (known legally as ‘dying intestate’), a standard formula is used to distribute your property and possessions. Usually, this means all your assets will pass to your spouse or children.

But the situation becomes much more complex if you have a legal spouse and a de facto spouse (ie you’ve separated and have a new unmarried partner), if you have children from different relationships, or if you die with no spouse and no children.

The court’s formula usually also only lets your family members inherit from you.

So having a valid will is vital if you want to leave gifts to friends or charities.

 

Level 11, 65 York Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au

 

 

Have you ever been bullied?

What is bullying in the workplace?

Bullying is the "repeated & unreasonable behaviour directed towards a worker or group of workers that creates a rick to health & safety".

Health & safety may also include the psychological health of the worker. 

It can also be intentional or unintentional and by done through social media (Facebook, Twitter etc).

Examples of workplace bullying can include:

• abusive / insulting / offensive language and / or comments;
• unjustified criticism or complaints;
• spreading misinformation or rumors;
• unreasonable timelines / deadlines;
• tasks that are unreasonably below or beyond the skill set of the workers;
• deliberately changing rosters / leave; and
• deliberately excluding someone from workplace activities.

If you are suffered from workplace bullying and think you may have a claim, contact the team at G&B Lawyers.

Level 11, 65 York Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au

 

 

 

What is child support?

Child Support

Child support is a payment made by a parent as a contribution towards the costs of raising a child. 

The primary legislative provisions for child support in Australia are:

·         Child Support (Assessment) Act 1989 (Cth), which deals with the assessment process and jurisdictional issues; and

·         Child Support (Registration and Collection) Act 1988 (Cth) which deals with collection and enforcement.

On 1 July 2011, the Australia Government Department of Human Services began delivering the services and payments provided preciously by the Child Support Agency, Medicare Australia, Centrelink and the Family Assistance Office.

The Department of Human Services (Child Support) program provides information to help parents manage their financial child support responsibilities following separation or divorce.

Child Support Payments

There are three different categories of child support payments:

·         Periodic payments (being a payment of a regular amount on a recurring or cyclical basis);

·         Non-periodic payments (e.g. payment of school fees, medical expenses or medical insurance); and

·         Lump sum payments (e.g. a payment made to the other parent as a “credit balance” to be used to meet ongoing liabilities).

There are also non-agency payments.  A non-agency payment is one of the following types of payment:

·         A payment made directly to a payee;

·         A payment to a third party in discharge of a debt owed by the payee, the payer or both; and

·         A non-cash transaction such as a transfer of property or the provision of services.

A non-agency payment can be credited against a Child Support debt. The Department of Human Services (Child Support) does not have the power to enforce child support payments against third parties.

For assistance with a child support / family law matter, contact the team at G&B Lawyers.

 

 

Level 11, 65 York Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au

 

 

 

 

Property disputes

Family Law - Alteration of property interests

The Family Court and the Federal Circuit Court (FCC) have the power to make Orders for the alteration of property interests of the parties to a marriage and/or parties to a de facto relationship.

The Courts can make different types of orders, depending on what assets are available for division.  Examples can include:

·         An order that one party transfer an interest in property to another;

·         An order for the sale of the property and the distribution of the proceeds of sale to one or either of the parties; and

·         An order that one party pay to another party a sum of money.

Generally parties enter into property settlements after separation, however an order for property settlement can be made even if the parties are not separated.

The Family Law Act requires parties to make a genuine effort to resolve their property settlement dispute prior to filing an application for property orders and may be called upon to demonstrate that they have taken this step prior to filing their application.

For help with a Family Law dispute, contact the team at G&B Lawyers.

Level 11, 65 York Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au

Workplace issues - have you been unfairly dismissed?

If you think that you have been unfairly dismissed by your former employer, it may be possible to commence unfair dismissal proceedings in the NSW Industrial Relations Commission. 

Dismissal may include threatened dismissal.
 
Who may lodge a claim?  

• employees of private sector employers if dismissed after 1 January 2010;
• apprentices or trainees;
• independent contractors;
• employees on a 3 month probation period if determined in advance;
• some casual employees;
• employees on contracts of employment for a specified period of time less than 6 months;
• employees engaged under a contract of employment for a specific task.

What can the Industrial Relations Commission do?

Where the Commission upholds a claim, it may order an employer to:

• reinstate the employee to their former position;
• re-employ the employee in another position that the employer has available;
• provide back pay and other entitlements owing from the time of the dismissal, where reinstatement or re-employment is ordered;
• compensate the employee by ordering payment of an amount not exceeding the remuneration of the employee during the six months before the dismissal, where reinstatement or re-employment is considered impracticable;
• not dismiss the employee, where dismissal has been threatened.

If you know someone who has been unfairly dismissed or want more information about this, contact us at G&B Lawyers.

Level 11, 65 York Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au

 

Buying & selling property with G&B Lawyers

The team at G&B Lawyers can assist with the buying or selling of property at competitive fixed price.

We will handle all parts of your conveyance to ensure that everything runs smoothly, attend settlement and report to you every step of the way.

We can also assist First Home Buyers with all the paperwork (if eligible for the First Home Buyers Grant).

We fix our legal fees to ensure that you know exactly what you have to pay at the end of the matter.

Contact the Principal of G&B Lawyers Kim Glassborow on 0481 287 528 for a quote.

Level 11, 65 York Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au

 

 

G&B Lawyers can help you in ...

G&B Lawyers can help you in ...

·         All aspects of planning & environmental law

·         Property development (commercial, residential & industrial)

·         Land contamination

·         Tenders and review of contracts

·         Waste management

·         Work, health & safety & employment disputes

·         Building & construction

·         Mediations & conciliations

·         All litigation

·         Property law & Conveyancing

·         Family law disputes & asset protection advice

 

Level 11, 65 York Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au