Stacks The Law Firm ( Forster ) are able to assist you in any area of law and in particular have expertise in the following:

MICHAEL LAURENCE IS A LAW SOCIETY ACCREDITED SPECIALIST IN PERSONAL INJURY LAW

Superannuation

With most people these days having compulsory superannuation a person who is totally and permanently disabled may have the right to claim a lump from an insurance provider associated with their superannuation policy.

FAMILY LAW

Contact and Residence

The Family Law Act provides that the welfare of the children is the paramount consideration. There are however many issues which vary from case to case as to how this concept is interpreted, any persons who have an interest in the child's welfare can negotiate in relation to arrangements for that child and as part of those negotiations make an application to the Family Court for orders . It is accordingly possible for brothers, sisters, grandparents and other interested persons as well as parents to make an application for orders in relation to the child. The Family Law Act deals with children in marriage or from any other relationship.

Divorce

Although in many cases parties can make an application for divorce without legal representation there are many instances when advice should properly be obtained. Incorrectly completed forms or forms completed without proper consideration may affect other proceedings and may have affects upon other documents including Wills, instructions to a superannuation fund.

Property proceedings/spousal maintenance.

Following a breakdown of a marriage the property of the parties will need to be divided. The Family Law Act makes provision for how this is to be effected. The various provisions of the Family Law Act have been interpreted by judges in many cases. Each situation is unique and careful consideration is required to enable a fair and just distribution.

In many cases one party's earning capacity is particularly affected by the marriage and that party may well be able to negotiate or obtain an order for spousal maintenance payments in addition to income that party may be earning or social security payments that may be received.

Child Maintenance.

Child maintenance is governed by the Child Support Legislation. This legislation is very complicated. Even though most cases fit within the relevant formulae of the Child Support legislation there are many instances when a variation or adjustment to that formula is necessary.

Such instances particularly include when a child is disabled, education continues beyond 18 years of age or it can be shown that the parties declared income is not correct is adjusted or disposed of for the purposes of avoiding child support.

Pre nuptial agreements

Following recent amendments to the Family Law Act it is now possible to have an enforceable pre nuptial agreement. These agreements may be entered prior to marriage, during marriage or even on separation.

De facto and other relationships.

Under the Property Relationships Act ( formerly the De Facto Relationships Act ) all parties who are in a domestic relationship or living together are entitled to make claims following the breakdown of their relationship. This means same sex couples may make claims for adjustment of property interests following the breakdown of their relationship.
In some instances people living together who do not have a bona fide domestic relationship may also make claims for adjustment following a breakdown of a relationship.
There are time limits on making a claim under this Act and advise should be sought as soon as possible after separation as possible.

CRIMINAL LAW

Many people are approached by the police in relation to " further inquires " . In most instances it is appropriate and proper to assist police with such inquires. If however, you are not sure of your rights or if you feel you will be intimidated you may wish to speak with a lawyer prior to speaking to the police and may even wish your lawyer accompany you to the police station. There are many principles which the police are required to follow in interviewing persons.
If you have been charged with an offence you may defend that charge. Prior to taking the decision to defend a charge you should obtain proper advice . Particularly if you are not familiar with the court procedures or a hearing.
If you admit that you have committed the offence it is often possible to offer to give to the court a detailed explanation of why the offence was committed and explain to the court any issues contributing to the offence which would enable the court to determine an appropriate sentence and in some instances even though the offence has been committed decide to not convict you of the offence.

GENERAL LITIGATION

There are many other instances when it is appropriate to have a lawyer represent you including many civil actions arising out of contractual disputes, partnership disputes and other commercial/business disputes.
There are many stringent procedures which apply to such disputes.
In most instances if advice is sought at an early stage it is possible to resolve the dispute or ensure that the correct procedures are followed to protect rights arising out of the relationship.
In some instances it may be necessary to obtain an injunction to protect such rights.

DISPUTING WILLS

Even though a person has died leaving a Will it is not necessarily how the assets of the deceased person must be distributed.
If you are an 'eligible' person it is possible to make an application to the court to change the distribution made under a Will. In determining an application the court will take into account various matters under the Family Provisions Act including your needs.

If someone close to you has died and has not provided for you sufficiently pursuant to their Will it may be possible for you to make a Family Provision Act claim.

Time limits apply for the making of such a claim and you should seek legal advice at an early time.

ENVIRONMENTAL AND LOCAL GOVERNMENT LAW

We provide specialist advice in this complex area of law to help you avoid the numerous pitfalls which can serverely delay or prevent you from obtaining necessary council approvals for development, EPA licences, etc. We also conduct cases in the Land and Environment Court to challenge Council decisions, development refusals, unreasonable conditions.

LAND COMPENSATION (COMPULSORY ACQUISITION FOR ROAD WIDENING, POWER LINES, SCHOOLS, ETC. )

We can provide specialist services to negotiate with Government bodies who want your land for their developments, to minimise the disruptive effects upon you and to maximise the amount of compensation paid. We are also available to check and advise you regarding the validity of any compulsory acquisition of your land, and challenge that validity in the Land and Environment Court if necessary.

BUILDING AND CONSTRUCTION

Whether you are a developer, builder, designer or administrator: whether you know it or not: whether you like it or not: each and every construction project you are involved in is a legal minefield. Would you knowingly cross a minefield wearing a blindfold ?

The building game is a risky game and all too often the players ignore the risks or are unaware of what the risks might be . A properly drafted building contract regulates the rights and obligations of the parties, identifies certain risks and assigns those risks to one or other of the parties. The contract also sets out administrative procedures to be followed by each of the parties during the course of constructions works. Such procedures can relate to matters such as making progress payments or varying the works. All to often one or other of the parties fails to follow the procedures set out in the contract and as a result finds themselves in court not really knowing why.

Disputes frequently arise in building projects. Many of the disputes which do arise could be avoided if the procedures set out in the contract were followed faithfully by all parties concerned. Builders would not be accused of claiming for bogus variations, owners would not with hold payment for genuine variations. Work would be completed on time, within budget to an acceptable standard and any defective work would be speedily rectified.

Many areas of Building and Construction Law are governed by complex Rules and Regulations. Not complying with the Rules and Regulations may mean you loose rights and in some instances commit offences for which penalties apply.
If you obtain proper advice regarding your rights and obligations then you may be able to avoid disputes arising.
If a dispute has already arisen, then it is important that you obtain prompt advice in order that the dispute may be resolved as quickly as possible using the most appropriate dispute resolution process.

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CONVEYANCING

Buying or selling a residential property

Buying and selling your home is one of the most important legal transactions in your life. The knowledge and experience needed to protect an investment in real estate cannot be discounted.

Prior to having your property put on the market you must by law have the Contract for Sale available for inspection by a prospective purchaser. We have the expertise to prepare that contract to your best advantage

If your property is to be sold by a Real Estate Agent they must have that contract. The Real Estate Agent is also required by Law to have a contract with you. If that contract is not properly entered you may not have to pay any commission. We will advise you free of charge on Agency contracts when we act for you on your sale or purchase.
We strongly advise clients to seek our advise prior to entering an Agency contract as our advise may save substantial fees.
As a Purchaser we can advise you on the full range of options available to you before signing a Contract for Purchase. In many instances we can give advise that will make selecting your property easier and cheaper.

As a Borrower (or Mortgagor) you should be aware of alternatives with finding finance and also the typical pitfalls hidden in mortgage documents. Our costs are reasonable and backed by a wealth of experience in such transactions (and the many matters associated with such transactions) and you have immediately available the support of a full litigation team to cover you if matters take an unlucky turn.

Small Business

Some times there is a perception that "anyone can buy, run and sell a small business". When you consider the various laws regarding leases, mortgages, consumer protection, credit and banking, employment, health, insurance, superannuation and tax can be involved it is evident that our experience and expertise can be a considerable help. Our practical application can assist you in businesses ranging from sandwich shops to multi million dollar concerns.

ESTATES & PROBATE

After someone dies it is generally necessary to administer their estate and there are many and varied procedures that can be involved in this, the most common of which is obtaining a Grant of Probate.

We are experienced and knowledgeable in this area of the law and can help you to tie up the loose ends and finalise those matters the completion of which frequently assists closure of the grieving process.
A completely different aspect to estates is our ability to advise you regarding Family Provisions Act claims and to carry through such claims to a successful conclusion.

POWERS OF ATTORNEY

A Power of Attorney is a legal document that gives another person or organisation the power to deal with your assets and financial affairs while you are still alive.
The Power of Attorney can direct the Attorney to act immediately or it can be conditional or restricted to certain occasions.

Normally a Power of Attorney will remain effective even though you suffer loss of capacity due to illness or unsoundness of mind.
Appointing an Attorney is a general safeguard for your interests if you suffer loss of legal capacity. You may simply want someone else to take responsibility for your financial affairs.
We can complete the Power of Attorney form in your presence and advise you of all the implications and legalities where appropriate.
We can then hold your Power of Attorney papers in safe custody for you free of charge and await your instructions.

The duties of an Attorney are to take care of your legal and financial matters in accordance with your instructions. This may mean collecting and recording all your income, deal with real estate, keeping all outgoings paid and collecting rents. We can also take care of all your other accounts and bills as required. This includes the preparation and lodgment of your tax returns.
The position of Attorney is a vital and important one. The person you appoint should be able to deal with all your financial and legal affairs professionally and safely. It is a task that requires a high level of responsibility and skill. By law, the person you appoint as your attorney must be over the age of 18 years.
Our staff will be pleased to detail all fees for your prior to signing your Power of Attorney. Rest assured that the fees are both reasonable and competitive.

WILLS

A Will is a document that clearly sets out your wishes for the distribution of your assets after your death. It is important to realise that for the Will to be valid, specific legal formalities have to be adhered to.
If you should die without a Will, your estate will be divided according to a Government formula. In other words, if you don't have a Will, you don't have a say. The formula may not suit your wishes and the process may cause hardship, delays and more expense.

It is recommenced that all people over the age of 18 years have a Will. However, it is particularly important to make a Will after marriage or divorce, or if you are living in a de facto relationship.
It is important that you think about who you want to be named in your Will as a beneficiary.
I f there is more than one beneficiary you will need to think about what assets or what proportion of the assets they should each receive. You should give thought to the age at which minors are to receive their share. You should also think about the appointment of an appropriate Executor.

Under New South Wales Law, divorce revokes anything given under your Will to your ex-spouse but does not revoke your Will. It is therefore very important that a new Will is drafted to reflect your wishes and changed circumstances
If you are living in a de facto relationship at your date of death, the Court may consider your de facto partner as your legal spouse. He or she may then be entitled to share in your estate
For this reason, the drafting or redrafting of a Will may be important to you.
As long as you die leaving a valid Will with beneficiaries that can be found, the Government is not entitled to receive any of your estate.
Being the Executor of a Will caries onerous obligations. The task is usually best performed by a specialist who will invest the money safely and who will protect and manage any long-term interest in the estate.

As your Will is probably the most important document you will ever sign, it is important that it is prepared by an expert.

You can prepare your own Will but it is not advisable. The precise phrasing of a Will is a specialised and often complex task. There is danger that you may set it out in ambiguous legal language that could lead to costly application to the Supreme Court for judicial interpretations, which may ultimately not reflect your true wishes.