East Balmain Lawyers | Expert Solicitors

It is also implied that the property is not subject to any work or demolition orders and that relevant approvals have been obtained for any dwellings.

Each property is different – issues concerning non-compliant works or the condition of dwellings should be discussed with your lawyer. These may be dealt with through specific disclosure in the contract.

Disclosure enables a purchaser to make an informed decision regarding the property with the implied warranties providing a safety net against latent (unobvious) defects. Purchasers may have certain rights to rescind (cancel) a contract if the disclosure information is inaccurate or missing.

The repercussions of a lost sale, particularly when a seller has committed to purchase another property, can be devastating. In most cases, we can have a contract prepared and sent to your agent within five business days of receiving your instructions.

Pre-exchange and exchange

After a sale is negotiated the agent provides details to the vendor’s representative who completes a contract and forwards it to the buyer’s representative. During this time, buyers carry out any pre-purchase enquiries, obtain pest and building reports and the parties may negotiate further conditions to be included in the contract.

When all terms are settled and the buyer is happy with the results of reports and enquiries, contracts may be exchanged. This is the formal process of committing the parties to the agreement, subject to any statutory cooling off rights or pre-conditions. Identical contracts, each signed by the purchaser and vendor are exchanged (swapped) by the parties’ representatives. The deposit, which is usually 10% of the purchase price is paid to the seller’s agent and held in trust. The contracts become immediately binding unless the purchasers have retained their cooling-off rights in which case, they become binding five business days later.

Getting market ready

Our property conveyancing solicitors have over 20 years’ experience across all aspects of conveyancing and property law having assisted hundreds of clients with their property transactions. We have additional expertise in old system title conveyancing and offer affordable flat fee property conveyancing rates in Balmain & Sydney.

Criminal and Traffic Lawyers Balmain

What to do if you have been charged

Key to resolving many legal issues is to attend to them without delay. We don’t charge for the first appointment so if you need advice please call and we can help guide you through the immediate stages. If bail is required, we can assist with your application and help you work towards a fair result.

At the first meeting with your lawyer, bring all documents with respect to the charge including the Field Court Attendance Notice (CAN) the full charge and fact sheet (normally sent to you after the charge is made), the breath analysis or blood test for PCA or DUI, a copy of your traffic history (available from Roads and Maritime Services) and criminal records (if relevant).

We will discuss the charges and applicable penalties and the best way moving forward.

Drink Driving Penalties in NSW

Driving under the influence of alcohol is an offence. The limits are a Prescribed Concentration of Alcohol (PCA) reading of .05 or above, or .02 or above for drivers of certain heavy vehicles or carrying dangerous goods. Learner-drivers or P-plate holders have a Zero alcohol limit.

If a person is convicted of a drink-driving offence, there is an automatic period of disqualification during which they cannot hold a licence. The penalties imposed depend on the PCA reading and whether the person is a first-time offender or has had a previous offence or offences.

Drivers convicted of an offence for low-range PCA (readings from 0.05 to less than 0.08) for the first time, can now have their licences immediately disqualified for three months. These laws were recently introduced to reflect the Government’s zero-tolerance approach to drink-driving. Offenders may still have the matter heard in Court and appeal a suspension however should obtain legal advice, as longer disqualification periods and higher penalties may be applied.

Mid range and High range driving charges are subject to standard interlock driving orders, which involves a period where you still lose your licence. This period is shorter than what it was before the introduction of the compulsory interlock licence, however the catch is after that period you have an interlock device installed in your car for a period of time.

Going to Court

The outcome of a traffic matter may be improved by ensuring the person facing Court is properly informed and equipped to answer the charges. Obtaining dependable legal advice can make a big difference.

This means putting a case (submissions) to the Court and providing supporting material such as:

• details of your character, work history and family circumstances including involvement in the community;
• whether there are medical issues relevant to the offending behaviour or other plausible reasons for having committed the offence;

Section 10 orders

If you have been charged with a criminal offence your lawyer may request the Court that it be dealt with by a section 10 order. A successful order will result in the court proving the charge but not proceeding with a conviction – this means not having a permanent criminal record and having the charge dismissed either unconditionally, or with conditions such as a good behaviour bond or participation in an intervention program.

Submissions will set out your personal circumstances and family support, background and employment, involvement in community work and sporting associations, the impact the charge has had, and is likely to have if a conviction is made, remorse for the offence and any other relevant matters.

Common Offence Information

A list of Common Offences listed before the local courts of Sydney.

Affray is an increasingly popular charge used by police, often inappropriately, in circumstances where a charge of assault or offensive conduct might suffice, or perhaps to unfairly invoke the harsh bail provisions.

It is worth noting that a person of reasonable firmness need not be present; that a threat cannot be made by the use of words alone; that if 2 or more persons use unlawful conduct, it is their conduct taken together for the purpose of determining whether or not an offence has been committed; the offence can be committed in public or private places.

There are different categories of assault – some of those reflect the degree of injury and aggravation – such as Assault Occasioning Actual Bodily Harm, Malicious Wounding, Maliciously or Recklessly Inflict Grievous Bodily Harm. Others reflect the nature of the assault such as Sexual Assault and Indecent Assault. There are also offences where a person is assaulted during the course of their occupation – such as Assault Police.

Assault is known at law as an indictable offence that can be dealt with summarily. This means that for a typical assault matter it can be disposed of in the Local Court. Some of the more serious forms of assault however are dealt with in the District Court upon indictment.

The penalties for assault upon conviction can range from a monetary fine to time in goal.

An officer can be off duty but take action, such as to affect an arrest, during which they are assaulted or the accused person resists that officer. The fact that the officer was off-duty, even if they failed to state that they were a police officer, does not invalidate the offence – acting whilst off-duty in the execution of their duties is sufficient – even if there is no intention to assault a police officer.

However, if a police officer was acting unlawfully, then the accused cannot be convicted.

The broad legal definition of assault is the commission intentionally or recklessly causing another person to apprehend or fear immediate violence. We often defend matters where there has been some trivial or minor contact with a police officer in circumstances that the officer could not genuinely claim that they feared immediate violence.

Break and Enter Offences

When people think of ‘break and enter’ they often think of break enter and steal. However, stealing need not be part of this offence. A person can break and enter and commit an indictable offence such as sexual assault, or intimidation etc.

‘Breaking’ does not necessarily mean breaking a window or door or picking a lock. Simply opening a closed window or door to gain access to premises is sufficient. However, if a person enters through an open window or door, there is no ‘break’ and that offence cannot factually be proved guilty.

There are various forms of aggravating circumstances of a break and enter, including where more than one person breaks into premises, or where a person breaks in knowing a person is at home, or breaks in at night.

The penalties are really severe so you need to get proper advice.

The Drug Misuse and Trafficking Act sets out the penalties for all State drug offences including personal possession and supply of small quantity, trafficable quantity, indictable quantity, commercial quantity, and large commercial quantity of the many different types of drugs.

Drug testing laws allow for drivers involve the use of saliva drug testing essentially to detect if the driver is a recent drug user, whether or not if affects their operation of a motor car.

People caught in possession of drugs or drug dealing may also find their property the subject of assets forfeiture orders, property restraint orders and the like under the Criminal Assets Recovery Act. You do not have to be convicted or even charged with a criminal offence to fall within this legislation.

The bottom line is that if you are in trouble for a drug offence, you need proper legal advice and representation.

There is a statutory defence to police charges of this type if the accused satisfies the court that he or she had no reasonable grounds for suspecting that the item was stolen or otherwise unlawfully obtained.

Police often charge people where they are ‘suspicious’ as to their possession of an item – for example, money, or a nice watch, or a new mobile phone. An example of giving property to a person not entitled lawfully to possession includes pawning the item at a pawn broker.

Aside from the statutory defence, we often defend these charges on the basis that there are no reasonable grounds for suspecting that the item was stolen or unlawfully obtained. Police suspicion is not always reasonable.

Other technical issues that arise in these matters include the concept of possession, which requires knowledge. If you did not know the item existed, how could you possess it? The timing of the possession is another aspect where we regularly have success.

Malicious Damage

Malicious damage means intentionally damaging property. It cannot be accidental – if it is, there is no offence committed. Malicious damage can occur through recklessness. It also includes temporary damage or making something temporarily unusable such as by graffiti or urinating on some object requiring it to be cleaned.

The precise circumstances of an incident may make it difficult to distinguish between malicious, reckless and accidental actions.

Stealing or Larceny

Stealing basically involves taking a person’s property, without consent, without a claim of right over the property, and with the intention of permanently depriving the person of the use of their property.

It can occur in so many different ways that it is hard to list. It includes shoplifting and it can include finding property (such as money or a watch or wallet) in the street and deciding to keep it – referred to as stealing by finding – whereby the acquisition of the property might not have been unlawful at the time.

Stealing is an offence of dishonesty and this is reflected in the punishments imposed by Courts.

If you are charged with a stealing matter, you need to seek proper legal advice by contacting our criminal and traffic lawyers in Balmain NSW.

Wills, Estates and Probate Lawyers Balmain

An effective estate plan requires our Balmain Wills and Probate Lawyers to consider our current financial, personal and family circumstances and prepare for the inevitable and the unexpected. In addition to having a Will, there are measures you can take to ensure your affairs are appropriately managed if you become unwell or incapacitated.

These trusts come into effect after a testator dies and may provide the following benefits:

• protecting at-risk beneficiaries due to their incapacity, disability or dependency;
• safeguarding assets from third-party creditors and estranged partners;
• distributing assets in the most tax effective manner;
• assisting in business succession planning and dealing with business and company interests.

Your Will should be prepared by an experienced lawyer who will take account of your circumstances and family arrangements. Your Will should minimise, where relevant, potential family provision claims and be reviewed regularly and whenever your financial or personal circumstances change.

Appointment of Enduring Guardianship

An enduring guardian can make lifestyle, health and medical decisions on your behalf if you lack capacity to make those decisions yourself. A guardian acts as a substitute decision-maker and can consent to your future medical and dental treatment and accommodation needs.

An Enduring Guardian can also have a non resuscitation clause contained in it.

More than one guardian may be appointed, and it is common for spouses or partners to appoint each other and / or their adult children. A guardian may need to make confronting decisions in challenging and emotional circumstances and those you appoint should understand your values, morals and wishes.

Duties of executors and administrators

An executor is the person appointed under a Will to deal with a deceased person’s estate. If a person dies intestate (without a Will) or the person appointed in a Will is unable to act as executor, an administrator may be appointed by the Court through Letters of Administration.

What is Probate?

Probate is a grant made by the Supreme Court that ‘proves’ the Will of a deceased person and authorises the executor to deal with assets and administer the estate according to the Will.

A grant of probate may not be necessary for small estates however executors are advised to obtain legal advice to ensure they are protected from potential claims.

Probate is required to transfer real estate that is not jointly held between the deceased and a beneficiary, and most financial institutions will require a grant to release funds over a specified amount.