FAQ

Frequently Asked Questions regarding the law and our services.

General FAQ

  • What is an accredited specialist?

    An Accredited Specialist is a lawyer recognised by the Law Institute of Victoria as having particular expertise in an area of law.  The best lawyers in their fields become Accredited Specialists.
    We have an Accredited Specialist at our firm. Peter Mees is an Accredited Specialist in Business Law.

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The following is provided for general information purposes only and is subject to our Terms of use and disclaimer


Property FAQ

  • I’m considering selling a property. What is the first thing that I should do?

    You should think about the current value and likely future value of your property and whether it is a good time to sell the property.  You should speak with a real estate agent about what the property is worth and possibly with your accountant about any tax that may be payable on the sale price of the property.  You should do all of the odd jobs around the property to make sure that it is presented as well as possible.  You should see your lawyer to prepare the vendor’s statement needed to sell the property. More Information

  • I’m considering buying a property. What is the first thing that I should do?

    You should go to some open for inspections to help you to make sure that the property and area that you have in mind are right for you.  You should research the prices in the area where you are considering buying to make sure that the property that you have in mind is reasonably priced.  You should obtain a copy of the contract and vendor’s statement and have them reviewed by your lawyer to make sure that everything is in order for you to proceed to buy the property. More Information

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Wills and Estates FAQ

  • I want to ensure that my children will be looked after properly if something happens to me. What is the first thing that I should do?

    You will need to have a valid will in place.  This is the foundation of any estate plan.  You may also consider life insurance so that your family will be looked after financially if you die.  You should also consider asset protection and possibly having a power of attorney in place. More Information

  • A close family member of mine has just died. What is the first thing that I should do?

    You need to arrange a funeral.  You also need to notify authorities such as Centrelink, make time to look at all of the deceased’s papers, identify their assets, order a death certificate and contact a lawyer. More Information

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Business FAQ

  • I’m considering entering into a partnership. What is the first thing that I should do?

    You should make sure that you and your prospective partner have similar views in relation to goals, and in relation to the level of risk that you are comfortable with.  You should give consideration to what will be the key terms of your arrangement such as what happens if one of you wants to leave the business or dies.  It is important that you commit those terms to writing.  You will also need to speak with your bank and to consider whether you are well suited to sharing the responsibilities of running a business with someone else. More Information

  • I’m considering buying a business. What is the first thing that I should do?

    You should research what skills would be needed to operate the business and whether any permits are required to operate the business.  You should speak with your lawyer about the legal requirements for the business.  You should obtain a copy of the vendor’s disclosure statement from the vendor or vendor’s agent and discuss it with your accountant.  You should obtain a copy of the lease. More Information

  • I want to protect my home from any business risk. What is the first thing that I should do?

    You should speak with your accountant or lawyer about business structures and make sure that your business structure has been set up to protect your family home.  If your home is at risk and you wish to safeguard it you will need to consider capital gains tax and Bankruptcy Act implications.  One option may be to engage a lawyer to transfer your home to your spouse if he or she is not potentially at risk in the business. More Information

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Disputes FAQ

  • I don’t get along with my business partner any more. What is the first thing that I should do?

    You should check that your business bank accounts cannot be accessed by your partner without you.  You also need to make sure that your partner is not able to seriously damage the business. More Information

  • I have been left out of the will of a close relative who has died. What is the first thing that I should do?

    You should check to see whether probate of the will has been granted.  You should try to obtain a copy of the will.  You should try to find out what the estate may be worth.  Your lawyer can advise whether you may have a claim on the estate. More Information

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