FAQs
Frequently Asked Questions
Drink driving (PCA/DUI) is both a traffic and criminal offence. While it affects your licence and driving record, it also results in a criminal conviction that can impact employment, travel, and professional licences. Our criminal defence team handles the criminal aspects, while our traffic law specialists can address licence implications.
Our family law team provides services throughout NSW and can appear in Family Court matters Australia-wide. With remote consultation capabilities, distance is no barrier to accessing expert family law advice.
Many family law matters are resolved through negotiation and agreement without going to court. We always aim to achieve practical solutions through discussion first. Court proceedings are typically used only when agreement cannot be reached or when urgent protection is needed.
The Family Court considers financial and non-financial contributions made by each party, as well as future needs factors like care of children, age, health, and earning capacity. “Fair” doesn’t always mean “equal” – it depends on your specific circumstances.
The Family Court considers financial and non-financial contributions made by each party, as well as future needs factors like care of children, age, health, and earning capacity. “Fair” doesn’t always mean “equal” – it depends on your specific circumstances.
Separation is when you and your partner decide to end your relationship and start living separately (which can be under the same roof). Divorce is the legal termination of your marriage, which can only happen after 12 months of separation. Property and parenting matters are handled separately from divorce.
You must be separated for at least 12 months before applying for divorce. Once you apply, the divorce order typically becomes final one month and one day after the court hearing. However, property settlements and parenting arrangements are separate matters that may take longer to resolve.
Important: You don’t need to wait 12 months to speak with us. We can provide valuable guidance from the moment you’re considering separation, helping you understand your rights and plan for the future.
We believe in transparent pricing with no surprises. During your initial consultation, we’ll provide a clear cost estimate based on your specific situation. Going through the family law process is expensive, but we always explain costs upfront before you commit.
Simple matters might resolve in one court appearance, while complex defences or serious charges can take many months. We’ll provide you with a realistic timeline based on your specific charges and the defence strategy we recommend for your situation.
Different courts handle different types of criminal matters based on their seriousness. Local Court handles summary offences, District Court handles most serious crimes, and the Supreme Court handles the most serious matters like murder. We appear in all jurisdictions.
Yes, many criminal convictions can affect your driving privileges, especially if they involve vehicles, violence, or drug offences. Some criminal matters also involve traffic-related charges. Our traffic law specialists can advise on licence implications alongside your criminal defence.
We believe in transparent pricing with no surprises. During your initial consultation, we’ll provide a clear cost estimate based on your specific dispute. Many matters can be resolved through negotiation or mediation, keeping costs manageable. We always explain all costs upfront before you commit.
In many cases, yes. Section 10 dismissals, conditional release orders, and other options can help you avoid criminal conviction even when charges are proven. We focus on protecting your future by exploring every avenue to avoid conviction.
Not necessarily. Many factors affect sentencing, and we know how to present your case for the best outcome. Even serious charges don’t automatically mean imprisonment – how your matter is presented in court can dramatically affect whether you receive a custodial sentence.
We believe in transparent pricing with no surprises. Costs depend on the complexity of your charges and court proceedings required. During your initial consultation, we’ll provide a clear cost estimate. We offer payment plans for most matters and always explain all costs upfront.
Never speak to police about criminal allegations without legal advice first. Anything you say can be used against you in court, and police interviews are designed to gather evidence for prosecution, not to help you. Contact us immediately if the police want to interview you.
Never speak to police about criminal allegations without legal advice first. Anything you say can be used against you in court, and police interviews are designed to gather evidence for prosecution, not to help you. Contact us immediately if the police want to interview you.
Careful lease review and negotiation are essential. This includes ensuring fair rent review mechanisms, appropriate make-good obligations, flexibility for business changes, and protection against unfair eviction. We help negotiate terms that protect your business interests.
Landlord breaches can include failure to maintain the property, unreasonable rent increases, or wrongful eviction attempts. We assess the breach, advise on your rights, and take appropriate action to protect your tenancy and business operations.
Yes, we regularly assist with subdivision applications, development approvals, and planning compliance matters. We work with planning consultants and other specialists to guide your project through the regulatory requirements while protecting your legal interests.
Timeframes vary depending on the complexity of the transaction. Simple lease reviews might be completed within days, while complex property purchases can take 6-12 weeks from contract to settlement. We’ll provide you with a realistic timeline based on your specific situation.
Key areas include rent review mechanisms, maintenance and repair obligations, permitted use restrictions, assignment and subletting rights, and make good requirements. We review all these aspects and explain their practical implications for your business operations and costs.
An apostille is an additional authentication for documents going to countries that are party to the Hague Convention. After notarisation, documents often need an apostille from the Department of Foreign Affairs and Trade. We can advise whether you need one based on your destination country.
You can raise the issue internally through HR or management, make a complaint to the Fair Work Commission (if systematic), lodge a workers compensation claim (for psychological injury), or pursue legal action. We’ll advise the best approach for your situation.
Useful evidence includes employment contracts, payslips, emails, text messages, performance reviews, witness statements, and diary notes of incidents. Start documenting issues as soon as they arise. We’ll help identify what evidence strengthens your case.
Yes, we assist both employees and employers. For employers, we provide advice on compliance, draft employment contracts and policies, manage dismissal procedures, and defend against claims. We help create legally compliant workplaces that minimise dispute risks.
While following internal grievance procedures can be helpful, you’re not required to exhaust them before seeking legal advice or filing certain claims. In fact, getting legal advice early can help you navigate internal procedures more effectively.
Unfair dismissal relates to dismissals that are harsh, unjust, or unreasonable. Unlawful termination involves dismissal for prohibited reasons like discrimination or exercising workplace rights. Different rules and time limits apply to each type of claim.
No. It’s unlawful for an employer to dismiss or take adverse action against you for making a legitimate complaint, exercising workplace rights, or raising safety concerns. If this happens, you may have grounds for a general protections or adverse action claim.
We believe in transparent pricing with no surprises. During your initial consultation, we’ll provide a clear cost estimate based on your specific matter. Many employment issues can be resolved through negotiation, keeping costs manageable. We always explain all costs upfront before you commit.
Time limits are critical in employment law. Unfair dismissal claims must be filed within 21 days of termination. General protections claims have 21 days (or 14 days if dismissed). Other matters may have different time limits. Contact us immediately to protect your rights.
Yes, we generally need to sight original documents to provide proper certification. We’ll advise on the best approach based on your specific situation and the requirements of the receiving country.
Simple notarisations typically take 15-30 minutes. Complex documents or multiple documents may take longer. We’ll estimate the time required when you book your appointment.
While not legally required, having a professional legal review of commercial leases is strongly recommended. Commercial leases are complex, long-term commitments with significant financial implications. Professional advice often identifies unfair terms and negotiates better conditions, potentially saving thousands over the lease term.
Bring your original documents and valid photo identification (passport or driver’s licence). If someone else signed the document, they may need to attend the appointment. We’ll confirm specific requirements when you book.
We believe in transparent pricing with no surprises. Notarial fees vary depending on the type and number of documents. During booking, we’ll provide a clear quote based on your specific requirements. Our fees are competitive and always explained upfront.
A Justice of the Peace (JP) can witness signatures and certify documents for use within Australia. A Public Notary is appointed by the Supreme Court and has international recognition to authenticate documents for overseas use. Most foreign governments and institutions specifically require notarisation by a Public Notary, not a JP.
Insurance companies often deny claims initially, hoping claimants will give up. They may argue policy exclusions, dispute the extent of damage, or delay processing. Having legal representation significantly improves your chances of a successful claim resolution.
Evidence requirements vary by dispute type but generally include documents, photographs, correspondence, witness statements, and expert reports where relevant. We’ll help you identify and gather the evidence needed to support your claim effectively.
In some civil proceedings, the successful party can recover legal costs from the losing party. However, in tribunals like NCAT, each party usually bears their own costs. We’ll explain the cost implications for your specific type of dispute during your consultation.
The NSW Civil and Administrative Tribunal (NCAT) handles many civil disputes including consumer claims up to $100,000, tenancy disputes, and dividing fence matters. It’s designed to be less formal and cheaper than court proceedings. We can represent you in NCAT or guide you through self-representation.
While informal discussions sometimes work, having legal representation early often leads to better outcomes. A formal letter of demand from a lawyer carries more weight and can resolve matters quickly. We can advise whether direct negotiation or immediate legal action is most appropriate for your situation.
Timeframes vary significantly depending on the complexity of your dispute and whether it settles out of court. Simple matters might resolve in weeks through negotiation, while complex court proceedings can take 12-18 months or more. We’ll provide you with a realistic timeline based on your specific situation.
If you die without a Will (intestate) in NSW, your assets are distributed according to a predetermined formula set by law. This may not reflect your actual wishes and can create complications for your family. The court appoints an administrator to manage your estate, which can be time-consuming and expensive.
If you accumulate enough licence points or serious offences within five years, you can be declared a habitual offender and lose your licence for 5+ years. Appeals are possible but time-limited. Early legal advice is crucial for anyone approaching this threshold.
Some traffic offences are criminal matters (like drink driving), while others are regulatory violations. We handle all traffic-related charges, and serious matters that cross into broader criminal law territory can be referred to specialist criminal lawyers if needed.
In some circumstances, yes. NSW law provides for restricted licences in cases of employment hardship. We assess your eligibility and handle the application process, which requires detailed preparation and strategic presentation to succeed.
Even when the facts aren’t in dispute, how your case is presented can dramatically affect your penalty. We focus on minimising consequences, exploring options like section 10 dismissals, conditional release orders, or work licence applications that can protect your future.
For serious offences or when your licence is at risk, absolutely. For minor matters, we’ll tell you honestly if you can handle it yourself. Generally, if you’re facing licence loss, criminal conviction, or your livelihood depends on driving, you need expert legal help.
Simple matters might resolve in one court appearance, while complex defences or serious charges can take several months. We’ll provide you with a realistic timeline based on your specific charges and the defence strategy we recommend for your situation.
Not necessarily. Many factors affect penalties, and we know how to present your case for the best outcome. Even when the facts aren’t favourable, how your matter is presented in court can dramatically affect whether you keep your licence, receive a reduced disqualification, or qualify for a work licence.
We believe in transparent pricing with no surprises. During your initial consultation, we’ll provide a clear cost estimate based on your specific charges. Many traffic matters can be resolved efficiently, keeping costs manageable. We always explain all costs upfront before you commit, including court filing fees and potential penalty differences.
Clear, comprehensive estate planning significantly reduces the risk of family disputes after your death. We draft Wills that minimise ambiguity and ensure fair provision, helping preserve family relationships. Learn about will disputes we help resolve
While it’s legally possible to prepare your own Will, mistakes can be costly and may invalidate your Will entirely. Professional Will preparation ensures your document meets all legal requirements, clearly expresses your wishes, and minimises the risk of disputes. The cost of professional preparation is minimal compared to the potential problems of a DIY Will.
We believe in transparent pricing with no surprises. During your initial consultation, we’ll provide a clear cost estimate based on your specific business needs. Many business matters can be handled on fixed-fee arrangements, giving you cost certainty. In the alternative, we offer competitive hourly rates. We always explain all costs upfront before you commit.
Your Will should be reviewed whenever you experience major life changes such as marriage, divorce, births, deaths, significant asset changes, or moving states. We recommend reviewing your Will every 3-5 years to ensure it remains current with your circumstances and any changes in the law.
A Will is one component of comprehensive estate planning. While a Will directs how your assets are distributed after death, estate planning includes strategies for incapacity, tax minimisation, asset protection, and succession planning. We help you understand what level of planning is right for your situation.
Simple Wills can typically be prepared within 1-2 weeks from our initial meeting. More complex estate planning involving trusts or business succession may take 3-4 weeks. We’ll provide you with a realistic timeline based on your specific requirements during your consultation.
We believe in transparent pricing with no surprises. During your initial consultation, we’ll provide a clear cost estimate based on your specific situation. Many of our services offer fixed-fee options for straightforward Wills, while complex estate planning is billed at competitive hourly rates. We always explain costs upfront before you commit.
Our conveyancing services are limited to NSW only, but if you need an interstate lawyer or conveyancer, we will do our best to introduce you to someone who can help. We serve clients throughout Western Sydney and the Blue Mountains region, with particular expertise in the Penrith area.
Yes, our property lawyers have extensive experience in commercial property transactions including retail, office, and industrial properties. We understand the additional complexities involved and provide comprehensive legal support throughout the process.
We conduct comprehensive searches including title searches, planning certificates, land tax certificates, strata reports (if applicable), and various environmental and compliance searches. These searches identify potential issues that could affect your property’s value or use.
Conveyancers are limited to handling the transfer of property. As property lawyers, we have unrestricted scope to provide legal advice and representation on all property matters. This means if complications arise during your transaction, you don’t need to engage another professional – we can handle everything from contract review to dispute resolution.
Standard residential conveyancing typically takes 4-6 weeks from contract to settlement. Timeframes can vary depending on factors like finance approval, special conditions, and cooling-off periods. We’ll provide you with a realistic timeline based on your specific situation.
Yes, we regularly handle interstate commercial disputes. NSW courts have jurisdiction over many commercial matters involving interstate parties, particularly where contracts specify NSW law applies. We work with interstate legal networks when necessary to protect your interests across Australia.
We believe in transparent pricing with no surprises. During your initial consultation, we’ll provide a clear cost estimate based on your specific property matter. Many property transactions can be handled on fixed-fee arrangements, giving you cost certainty. We always explain all costs upfront before you commit.
Many will disputes arise from unclear wording, outdated documents, or inadequate provision planning. Our comprehensive estate planning services help prevent the situations that commonly lead to family disputes. Learn about our estate planning approach.
The evidence required depends on the grounds for your challenge. This might include medical records, witness statements, financial documents, copies of previous wills, or evidence of your relationship with the deceased. We’ll help you identify and gather the evidence needed for your specific case.
Will disputes are inherently challenging for families, but many can be resolved through respectful negotiation rather than bitter court battles. We focus on achieving fair outcomes while minimising family conflict wherever possible. Our approach prioritises communication and mediation before litigation.
In NSW, you generally have 12 months from the date of death to commence proceedings. However, the court can extend this time limit in exceptional circumstances. It’s crucial to seek legal advice as soon as possible, as gathering evidence becomes more difficult over time.
Yes, in many cases. Under NSW law, eligible persons can make family provision claims even if they’re not named in the will. This includes spouses, children, dependants, and people in close personal relationships with the deceased. We’ll assess whether you qualify and have grounds for a claim.
Timeframes vary significantly depending on the complexity of your case and whether it settles out of court. Simple matters might resolve in a few months, while complex disputes that go to court can take 12-18 months or more. We’ll provide you with a realistic timeline based on your specific situation.
We believe in transparent pricing with no surprises. During your initial consultation, we’ll provide a clear cost estimate based on your specific situation. Many estate disputes can be resolved through negotiation, keeping costs manageable. We always explain all costs upfront before you commit, including court filing fees and potential cost orders.
Prevention is always better than cure. Our business law team can review your contracts, terms of trade, and business practices to minimise dispute risks. Clear contracts, proper documentation, and proactive legal advice often prevent the disputes that end up in court.
In commercial litigation, the losing party often pays a portion of the winner’s legal costs. We always explain cost risks upfront and can discuss litigation funding or insurance options where appropriate. Many disputes settle before court, avoiding adverse cost risks entirely.
We believe in transparent pricing with no surprises. During your initial consultation, we’ll provide a clear cost estimate based on your specific situation. Many of our services offer fixed-fee options, while others are billed at competitive hourly rates. We always explain costs upfront before you commit. And remember, you pay nothing upfront – all fees come out at settlement.
Mediation involves a neutral third party helping both sides reach a mutually acceptable agreement. It’s faster, cheaper, and confidential compared to court proceedings. Court litigation involves a judge making a binding decision after hearing evidence from both sides. We’ll advise which approach is best for your specific situation.
While informal discussions sometimes work, having legal representation early often leads to faster, better outcomes. We can handle initial negotiations on your behalf, often resolving disputes before they escalate to expensive court proceedings. Early legal advice can also prevent you from inadvertently damaging your legal position.
Timeframes vary significantly depending on the complexity of your dispute and whether it settles out of court. Simple debt recovery matters might resolve in weeks, while complex commercial litigation can take 12-18 months or more. We’ll provide you with a realistic timeline based on your specific situation and dispute strategy.
We believe in transparent pricing with no surprises. During your initial consultation, we’ll provide a clear cost estimate based on your specific dispute. Many matters can be resolved through negotiation or mediation, keeping costs manageable. We always explain all costs upfront, including potential court fees and adverse cost risks.
First, review the contract terms and document the breach. Often, a formal letter of demand can resolve the issue without court action. If that fails, we can advise on your options, including negotiation, mediation, or legal proceedings to recover losses and enforce your rights.
Yes, we regularly review and negotiate commercial leases for Penrith businesses. Commercial leases are complex documents with significant financial implications. We ensure you understand all terms, negotiate fair conditions, and protect your interests throughout the lease term.
All employees should have written employment contracts that comply with Fair Work legislation and relevant awards. Even casual workers benefit from clear terms. Proper employment contracts protect both you and your employees by setting clear expectations and obligations.
Companies offer limited liability protection and more professional credibility, but have greater compliance obligations. Sole traders are simpler to set up and operate, but offer no asset protection. We’ll assess your situation and recommend the most suitable structure for your goals and risk tolerance.
While not legally required, proper legal setup from the start can save significant costs and complications later. We help you choose the right business structure, understand your obligations, and establish solid foundations for growth – often for less than the cost of fixing problems later.