This Thursday (30th July) Denise will be speaking on the topic of parental alienation. Call our office if you’d like the details.
Click the link below to see the slide presentation.
Parental Alienation
View more presentations from Craig Brown.
January 23, 2009
Separation and Superannuation
When you are separating from your partner you need to consider how you will fairly share out the assets you have both accumulated over the years.
While this is challenging enough for the physical things in your home and any property you have, it can get particularly complicated for future potential assets.
Think superannuation.
If my super fund is worth $100,000 today, what will it be worth in 5 or 10 more years? And what does this future value have to do with what is in the account today?
For example, if the way you have achieved the super asset of $100,000 is to have had your spouse support you while you built your career and earning capacity, is she entitled to any portion of your future earnings?
These are important questions to consider and consult with your lawyer on when planning a property settlement.
The Australian Government also provides some information in this area at it’s Attorney General’s Family Law website.
Link: www.ag.gov.au/www/agd/agd.nsf/Page/FamiliesSuperannuation
If you have a question please callto book an appointment on 02 4365 6556.
October 13, 2008
The risks of DIY conveyancing
The Department of Fair Trading has an information sheet on conveyancing (you can get it here.)
In it they highlight that doing your own conveyancing is a risky path. Apart from the support and guidance you get from working with experienced law firms, there is also the added benefits of professional indemnity insuance.
That’s right. If, for some reason, things go very badly, you can sue your lawyer for damages.
Now, we aren’t planning to make mistakes so you can sue us, but we do have experience, so if you need assistance in your conveyancing, give us a call on 02 4365 6556.
We’ll discuss your options and prices.
July 14, 2008
Moving after separation
ABC’s radio national programme recently broadcast an interview with an American researcher who has found that parents moving away from each other (ie to different cities) is not in the interests of the children.
You can get access to the podcast here.
Life Matter’s summary of the article is as follows;
Relocation, after a couple has separated and there are children involved, is one of the hottest topics in family law. Should she, or he, be allowed to go, and take the children?
A leading — and controversial — American researcher on relocation, Sanford Braver, is in Australia to present his work to the Australian Institute of Family Studies conference.
He found that it is usually not in children’s interests if a parent moves the children away. American courts have been influenced by his findings.
The reform of the Australian Family Law Act in 2006 has rewritten the rules on relocation, to an extent. Early indicators are that parents are being refused permission to move more now than in the past.
The interviewee’s website is here; Sanford Braver.
June 9, 2008
How to choose a lawyer
When looking for a lawyer to represent you its worth remembering the old adage that nobody remembers the price after the deal is done.
When looking for a lawyer this is particularly relevant, because a lawyer’s hourly rate is typically your first indication of how expensive the work will be.
In fact it is often the case that a higher hourly rate is likely to result in a lower overall cost. The idea here is that the more expensive a lawyer per hour, the less hours they are likely to spend on your work to achieve a satisfactory outcome.
Of course that isn’t always the case so you need to do your checks.
Your first appointment with your lawyer should be a two way interview process with the lawyer interviewing your for the facts of the case and you interviewing them to see of they are suitable for your needs.
Remember; you are basically hiring them to do wok for you. You need to be comfortable that they are good at what you are hiring them for.
Here are a couple of questions you can ask when seeking a lawyer.
Have you done similar work before?
You are looking for someone with relevant experience. Law is a broad industry and there are people who develop deep experience in a few areas, and people who develop a little bit of experience in many. If your solicitor-candidate has little experience, ask how they will manage the gap?
What challenges (in these types of cases) do you find cause the most difficulty?
The answer to this question will help you both draw out likely problems in your case. It will also help you see how the solicitor-candidate deals with difficult situations. You can assess whether this is someone you can work with.
Can you describe the whole process from this meeting to the end in simple terms?
A solicitor who can describe the whole process in simple terms is a clear communicator and, more importantly, someone who understand the process from your point of view. You are probably not an expert in the legal system. Your solicitor will be your guide. Without a guide you will have to deal with a lot of uncertainty and stress. How good will this solicitor-candidate be as your guide?
What is it likely to cost for each stage of this matter?
The answer to this is usually “it depends.” What you are looking for is degrees of certainty or cost windows by each stage. The next stage should be reasonably accurate, the latter stages more uncertain. As you progress through your legal matter your solicitor should be able to clarify future cost estimates with more accuracy.
Quality legal services are very important, and notoriously difficult to judge up front. Taking a partnership approach with your lawyer, and interviewing them up front to determine their skills and personality fit with your is an important step to help you achiev your goals.
Good luck, and of course Erina Legal is here to answer any questions you have about your matter. Maybe you’d like to interview us?
April 21, 2008
“Shared parental responsibility”and the reshaping of Family Law
Catherine Caruana writes a review on the impact of last year’s changes to the Family Law Act.
Caherine’s report is provided care of the Australian Institue of Family Studies and can be accessed at their website here.
Some of the key points are;
- A greater focus on shared parenting
- More reliance on an independent child’s solicitor
- Greater consideration of the impact of domestic violence, and
- more ttention paid to the role of grandparents in parenting
February 11, 2008
Important information about Wills
Today the ABC’s law report ran a very informative story on wills. If you are thinking about udating your will, or even more importamntly, if you haven’t got a will you should take the time to listen to this story.
“Wills
Wills: they tell the world how the dead want their assets carved up, but do they always get carried out in an efficient way?”
You can access the Law Report here.
This specific article is available for download for a month (after a month you can contact the ABC and they will dig it up for you.)
January 19, 2008
Property tips for buyers
When buying property make sure you know what you are getting. Always arrange an independent Pest and Building report. You may also want to arrange a valuation.
Valuations
While real estate agents usually have a good understanding of the local market they are biased in their views on what a property is worth. Agents are going to be paid if and when the property is sold, so their estimation is always coloured by this incentive.
You can get a valuation from two main sources; professional valuers and database estimates. The benefits of independent provider sis that you get a complete and accurate report that has been created specifically for you, and not for a real estate agent or a vendor.
Statistical Estimates
A Google search for property statistical estimates will help you locate providers of this service. Statistical estimates have strengths and weaknesses.
I am of the belief that the statistical estimates are useful in two main ways; the first is in general research into a suburb, and the second is to help assess the value of the average house on the average street in a particular suburb or market.
Beyond these scenarios people still need to hire a valuer to go and inspect the property, along with the building and pest inspectors. The very nature of statistical estimation means that if a particular house or property is in any way unusual that uniqueness is not identified, and so the estimate could be too high or too low.
Physical inspections by qualified professionals
For a more precise estimate of the value of a property it is best to contact a qualified valuer. We recommend you use www.evaluator.com.au to arrange your valuation, but you could also search Google or the white pages for alternate providers.
Pest and Building reports
You really do want to know of there are problems with the property before you agree to buy it. The cost of repairs is often greater than $20,000 for things such as subsidence or termite damage, and the bill can often top $100,000.
The couple of hundred dollars that you spend on these reports has the potential to save you many times that amount in the long run.
We also recommend www.evaluator.com.au for you to order your pest and building reports.
Think of these reports as a cost of buying like stamp duty or insurance, or even better as an investment into avoiding costly repairs.
If you have any questions you would like to ask about buying property you are welcome to call us on 02 4365 6556 or email us.
June 4, 2007
Customer Satisfaction at Erina Legal
Customer satisfaction is one of the core values of Erina Legal. We know we are here to serve our clients. As a result of this, we work hard to understand your needs and to listen to you, the client.
Our team are highly competent in their field, but these days we recognise that is not enough. You want someone who understands you and who cares about you and your legal matter.
You also want someone who clearly communicates what is going on, what the next steps in your legal matter are and what we are doing about them. So we talk to you as well as listen.
If you have any problems with our service we want to know about them so that we can address them. Any problems you may have can be discussed with Wayne Brown and if he is not able to assist, you can speak to Denise King, our principal lawyer.
Problems are often based on unfounded misunderstandings or assumptions. Usually the best results are achieved from a discussion about the issue.
We always do our best to address your issues to ensure that we can continue to work together. So far we have a good track record with our clients and we welcome you to become part of that success.
May 21, 2007
Trademark your brands and business name
If you value your business and product names you should take steps to guard them through trademarking them.
Just ask Ian McDonald formerly of McDonald’s hamburgers at Rosebud Victoria. Mr McDonald has had to cease trading under his own name and change the name of his hamburger shop to avoid an expensive legal battle with the global hamburger giant McDonald’s.
It’s not that Mr McDonald couldn’t have won his case, it’s just that it was going to be expensive to fight.
“I decided not to go to court because the prospect of massive legal fees was too daunting,” Mr Macdonald said.
On the other hand Malcolm McBratney decided to fight McDonalds on principle. He was using the label McBrat’s on his local rugby teams’ shorts as part of a sponsorship arrangement.
McDonald’s had registerred the trademark McKids a few years ago in preparation for a McDonald’s kids clothing line, and according to them the McBrat’s logo was too similar and could cause confusion in the market.
The Federal Court ruled this week that McBratney could register and have his nickname appear as a registered trademark on his team’s shorts.
I have provided these two topical examples as an illustration of the complexity of the issues. Basically if you are in business you need to take active steps to manage your business, brand and product names. You can help manage the risks to your business name and brands by registering the appropriate trademarks.
In the current environment of competition for brands and intellectual property you shouldn’t hesitate to take this step. The costs of re-branding can be very expensive, not to mention customers losing you with the change of name.
You can read more about registering trademarks yourself at IP Australia or if you want to get professional assistance you can contact us at Erina Legal to discuss your needs on 02 4365 6556.
