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When we have an excessive need for affirmation, we can try and beat it out of the very person who gives it to us.

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When we have an excessive need for affirmation, we can try and beat it out of the very person who gives it to us.

If we want to stop domestic violence, we have to first understand it.

There is nothing good, or kind, about domestic violence. But domestic violence, is not as astonishing as the reason that causes it. According to an article written by Psychology Today’s, Hara Estroff Marano, titled The Key to Ending Domestic Violence, what leads to domestic violence is affirmation – the overwhelming need, we can sometimes have for it.

Can you give, what you don’t have, yourself?

What research into domestic violence has found is that ‘the perpetrator of violence is in need of a level of affirmation and support that their partner may not be capable of giving at a point in time.’

This can lead to violence, rage and abuse that is physical, emotional, social or spiritual. In Australia, new immigrants need to be particularly aware of the law as it stands. Violence of any kind, including curbing the movements, or rights, any child or adult has legal access, or recourse to, is abuse.

You don’t have to put up with an abusive situation, you can leave it

Too often, victims of domestic violence feel like they have ‘no option’ available to them. However, In Australia, you have the right, not just the option, to be free and to live with the safety and dignity that our constitution and society guarantee you.

If you are in immediate danger, the police are your first port of call

Their first obligation is to ensure your safety. Once this is secured, a good legal firm like Platinum Lawyers can help you understand the legal options you have available to you. Taking out an Apprehended Violence Order (AVO) on your partner is the first of them.

An AVO is designed to protect you and your children

You can take out an AVO on a partner, someone you’ve been intimate or in a relationship with, as well as a neighbour or individual who is harassing you by stalking you.

If it is the circumstance that you would like to continue to live with your partner but would also like to have an AVO to protect yourself against physical, emotional or social violence, this can also be arranged.

At Platinum Lawyers, we understand your need for privacy and sensitivity

Domestic violence is not an issue any one wants to see publicised. With experience that goes back 20 years, and a success rate that is 99%, we give you the legal expertise you need, with the sensitivity and care you also do.

If you are a victim of domestic violence, please call us today for a free initial consultation over the phone on (02) 8084 2764.  or contact with us

FAQ’s

1. Why do people with a strong need for affirmation often push away those who support them?

Answer: This often stems from deep-seated insecurity. When someone is overly dependent on external validation, they may begin to doubt the sincerity of the affirmation, leading to anxiety, mistrust, and emotional outbursts that push others away — even those offering genuine support.

2. Is seeking affirmation unhealthy?

Answer: Seeking affirmation is normal in moderation. However, when it becomes excessive and central to self-worth, it can lead to emotional instability, strained relationships, and codependency.

3. What are the signs of an unhealthy need for affirmation?

Answer: Common signs include constantly seeking compliments or reassurance, becoming upset when not praised, doubting others’ sincerity, overanalyzing feedback, and reacting negatively to constructive criticism.

4. How can someone manage their need for constant affirmation?

Answer: Therapeutic techniques like Cognitive Behavioural Therapy (CBT), self-reflection, building self-esteem, journaling, and learning to accept internal validation can help reduce the dependence on external approval

5. Can relationships survive when one person relies too heavily on affirmation?

Answer: Yes, but it requires honest communication, boundaries, and often professional help. Without addressing the underlying insecurity, the relationship may become strained or emotionally exhausting for the partner providing constant validation.

Know About Dividing Marital Assets After A Separation

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Know About Dividing Marital Assets After A Separation

 

When a marriage or a de facto relationship has come to the point that the only way you hope to make things better is by getting a separation, there are a lot of things that come with it. A separation requires a lot of decisions to be made on your end of things, such as deciding about the “custody” of your children if you have any, or sorting out the legal matters of your divorce such as prenuptials.

Division of Marital Assets

Perhaps one of the most difficult decisions will be the division of your marital assets. A separatio

 

n entails that you and your partners will now go their own ways, and when you do, you will have to how the assets, as well as debts that you’ve got during your marriage, will be split.

Dividing marital assets can be difficult and a tricky task. That’s where Platinum Lawyers come in. We are one of the top family lawyers in Sydney, and we can give you numerous tips on the subject to prepare you for it.

Ways in which you can divide your marital assets at the end of a relationship.

1. You and your partner (former) can both come to agreement on how the property and debts should be divided, without having to involve the court. If both parties have come to an agreement on the terms, all there is to be done is apply for a consent order in the Family Court to legalise the agreement.
2. If you and your former partner can’t seem to come to terms on how the assets and debts should be divided at the end of a relationship, you can apply for financial orders including orders related to division of property or whatever your case entails, in the Family Court.

It is important to note that if you are applying for financial orders in the court, there is no set formula on how the property will be divided. No lawyer can tell you exactly about what the court will order, however a good family lawyer(s) like the ones at Platinum Lawyers can give you a good estimate about it. The court makes its decisions based on the unique facts of each case, so it is hard to gauge the exact outcome.

FAQ: How Platinum Lawyers Can Help with Dividing Marital Assets after a Separation

Q: Why is the division of marital assets considered a challenging task during a separation?

A: The division of marital assets is challenging due to emotional and financial complexities. Determining a fair and equitable distribution requires careful consideration of various factors.

Q: How can Platinum Lawyers assist in navigating the complexities of dividing marital assets?

A: Platinum Lawyers, as one of the top Family Lawyers in Sydney, provides valuable tips and guidance on the subject, preparing you for the challenges associated with dividing marital assets.

Q: What are the ways in which Platinum Lawyers can assist in the process of dividing marital assets?

A: Platinum Lawyers can assist by offering expert advice on negotiating agreements with your former partner. Whether you choose to reach a mutual agreement or need to file financial orders in the Family Court, their experienced family lawyers can guide you through the process.

Q: How can a mutual agreement on property and debt division be formalized without involving the court?

A: If both parties agree on the terms, Platinum Lawyers can assist in applying for a consent order in the Family Court to legally formalize the agreement without the need for court involvement.

Q: What if former partners cannot agree on how assets and debts should be divided at the end of a relationship?

A: If agreement cannot be reached, Platinum Lawyers can help you apply for financial orders in the Family Court, addressing issues related to the division of property or other relevant matters.

Q: Is there a set formula for property division in court-ordered financial orders?

A: No, there is no set formula for property division in court-ordered financial orders. The court makes decisions based on the unique facts of each case.

Q: How can Platinum Lawyers provide assistance if financial orders need to be filed in court?

A: Platinum Lawyers can guide you through the process of filing financial orders in the Family Court, providing estimates and insights into possible outcomes based on their expertise in family law matters.

Platinum Lawyers can help you out with the process, in any way you wish. Either you want to file financial orders or just want to legalise a Mutually Accepted Agreement, we are one of the best Family Lawyers in Sydney and have expertise in matters related to the Family Court. Contact us at (02) 8084 2764.  to find out more.

Know Your Rights: Do the Police Have the Right to Search You Without Your Consent?

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Know Your Rights: Do the Police Have the Right to Search You Without Your Consent?

 

The law can help you. But for it to help you, you need to know your rights. For instance, if a police officer wants to search you, should you comply? Or do you have the right to refuse the search?

In the event that a police officer wants to search you, you have to options: consent to the search or refuse.

If you choose to consent, be sure to ask the police officer the reason for the search. It is also a good idea to note down the name, rank & the station of the police officer performing the search. And remember, just because you consented does not mean you can’t revoke your consent at any time during the search. If at some time during the search, you feel uncomfortable, you are within your rights to request them to cease the search.

In NSW, the police adhere to LEPRA – Law Enforcement (Powers and Responsibilities) Act. Any evidence produced as a result of a search is subject to the Evidence Act.

There are instances where a police officer may perform a search, despite your refusal, and in the absence of a warrant. These instances include when a police officer suspects:

  • You have something in your possession that is stolen.
  • You have something in your possession that was used or is intended to be used to carry out an offence.
  • You have, in your possession, a prohibited plant or drug.

When a police officer insists on the search, despite your clear refusal, the best thing for you to do is to stay calm and talk to them in a composed manner, questioning them about the legality of conducting such a search.

If the police officer commences the search without your consent, your best course of action is to remain calm. Avoid making any sudden or aggressive movements, as they can be construed as obstructing or resisting a police officer, leading them to charge you. Instead, keep your cool and note down the reason for the search. You can later seek legal counsel to help you with your situation.

Police officers can only search you without a warrant when they have reasonable grounds to carry out the said search. If you feel your search was unfair or carried out in a manner that was not in accordance with the LEPRA act, you can contact us for Legal Advice. Call Platinum Lawyers Sydney at (02) 8188 2310.

Business Lawyers Sydney & Parramatta – Contracts – Dispute – Debt

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Business Lawyers Sydney & Parramatta – Contracts – Dispute – Debt

 

You can court disaster or a settlement

Sometimes, a lawyer’s letter is all you need to get a company, partner, vendor or person’s full and focused attention. Businesses don’t always go as planned. And when this happens, a legal settlement may be necessary. Things don’t always have to go to court. Sometimes, legal teams can settle matters quicker than a lengthy legal process can or will.

Platinum Business Lawyers has both cases and experience on its side

As business Lawyers, we have fought and won 99% of all cases we have undertaken in the last 10 years we’ve been in business.
If you believe you have to a right to a claim in any of the areas below – personal injury, defamation, commercial or business dispute, debt recovery, insolvency, contract disputes, intellectual property rights or others – we can help you understand if you have a case and if you should proceed with it.

Both professionally and academically qualified

Having an academic only qualification in business is rarely adequate to make the difference clients seek. But having both professional and academic qualifications means we can provide our clients with backup few others can.

Who is liable if you slip up?

Let’s look at a case to understand this better. Let’s say ‘you’re a business and you have an employee who is different to the way your other employees are and are subject to bullying and ridicule and as a business owner, you did not intervene to stop the bullying. In this country, your business could be liable to pay the employee a reasonable sum in damages. This could be $10,000 or more.
The duty of care – a concept all employers need to be aware of
The duty of care is a legal concept to employees regardless of whether they are full time or not. In airline travel, for example, even a person is a consultant and sent on official business, the company they are consulting to is responsible for their safety. So, even your travel and other internal policies are something you should get a legal company like ours to review and certify as ‘above board’ by us.

A leading light where the law is concerned

Platinum Lawyers is widely regarded by the business community as being professional and competent. Trusted, we prefer ‘negotiated settlements’ to legal action. However, if we need to act with decision and speed, we will not hesitate to.
If you would like to learn more about our services or meet up with one of our team representatives, please call us on (02) 8084 2764. 

Want To Start An Online Business? E commerce Lawyers

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Want To Start An Online Business? E commerce Lawyers

 

So, you want to start an online business: You have a great idea for a product, or maybe the product is ready, and you just need a platform to sell it. Maybe you already sell your products at weekend markets, but you want to take your business to the next level. Whatever you plan to do, you inevitably wonder to yourself: are there any legal requirements I must work through If I want to start an online business?

The short answer is: yes. Most of the legal requirements are the same for any real business. After all, in this day and age, if you want a successful business establishment, there is no escaping using the web as a selling platform.

The following are five legal requirements when starting an online business

REGISTERING A BUSINESS NAME

In Australia, you are required to register your business or company name online before commencement. This involves getting a business number (not to be confused with an ABN – we’ll talk about that in a minute). Registering differs depending on whether you are a sole trader, a company, trust or partnership. You can register your business name online at the Australian Government Business Registration Service, ASIC connect or a private provider.

REGISTERING FOR A DOMAIN NAME

There is a difference between a business name and a domain name. The domain name refers to the actual website address and if want you want to own website you are required to register for this as well. Some online businesses largely operate through e-commerce websites or applications such as Etsy, and although this has its benefits, it can also be limiting – particularly for coming up in online searches.

REGISTERING FOR AN ABN

If you are running a legitimate business online with the main reason to make a profit, you need an ABN (Australian Business Number) and it also ensures you can register a domain name in Australia.

REGISTERING FOR A TRADEMARK

A trademark is defined by the Oxford English Dictionary as ‘A symbol, word, or words legally registered or established by use as presenting a company or product’. It is more than a logo and can be any original, defining feature that establishes your business or product’s identity. It can be an aspect of packaging, a number, a word or picture or a combination of each. In order to register a trademark online with IP Australia or a third party.

LICENCING AND PERMITS

Whether or not you need a license or permit for your online business largely depends on the product or service that you are selling. Food products might require a Food Business License. Some products, particularly those that are consumed may require product safety testing. Whether a bricks-and-mortar establishment or online, a legitimate business must sell products that meet safety requirements under Australian Consumer Law.

For business legal advice and assistance contact Platinum Lawyers today on (02) 8084 2764. or visit us at our office and talk to one our trusted business lawyers.

You Can Court Disaster Or A Settlement – Platinum Lawyers Can Help

Author By clixpert@devPosted on

You Can Court Disaster Or A Settlement – Platinum Lawyers Can Help

 

Sometimes, a lawyer’s letter is all you need to get a company, partner, vendor or person’s full and focused attention. Businesses don’t always go as planned. And when this happens, a legal settlement may be necessary. Things don’t always have to go to court. Sometimes, legal teams can settle matters quicker than a lengthy legal process can or will. So how we can avoid courting disaster?

Platinum Lawyers has both cases and experience on its side

As Lawyers, we have fought and won 99% of all cases we have undertaken in the last 10 years we’ve been in business.
If you believe you have to a right to a claim in any of the areas below – personal injury, defamation, commercial or business dispute, debt recovery, insolvency, contract disputes, intellectual property rights or others – we can help you understand if you have a case and if you should proceed with it.

Both professionally and academically qualified

Having an academic only qualification in business is rarely adequate to make the difference clients seek. But having both professional and academic qualifications means we can provide our clients with backup few others can.

Who is liable if you slip up?

Let’s look at a case to understand this better. Let’s say ‘you’re a business and you have an employee who is different to the way your other employees are and are subject to bullying and ridicule and as a business owner, you did not intervene to stop the bullying. In this country, your business could be liable to pay the employee a reasonable sum in damages. This could be $10,000 or more.

 

The duty of care – a concept all employers need to be aware of

The duty of care is a legal concept to employees regardless of whether they are full time or not. In airline travel, for example, even a person is a consultant and sent on official business, the company they are consulting to is responsible for their safety. So, even your travel and other internal policies are something you should get a legal company like ours to review and certify as ‘above board’ by us.

A leading light where the law is concerned

Platinum Lawyers is widely regarded by the business community as being professional and competent. Trusted, we prefer ‘negotiated settlements’ to legal action. However, if we need to act with decision and speed, we will not hesitate to.
If you would like to learn more about our services or meet up with one of our team representatives, please call us on (02) 8084 2764. 

How Much Does A Conveyancer Cost in Sydney?

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How Much Does A Conveyancer Cost in Sydney?

The world of Property Settlements can be confusing and frankly intimidating. With lots of money being dealt with and a whole lot of Legal Jargon, one can feel like a duck out of the water. Luckily, there are people you can hire who can make the process go much more smoothly.
Normally, when seeking legal aid to deal with property matters, people will use the services of either conveyancers or solicitors. Conveyancers are professionals who specialize in the transfer and ownership of property whereas solicitors’ services may include property law but are not necessarily specialized in it. At platinum lawyers, we are known for having Sydney’s most reliable and affordable conveyancing services!

Who Is Cheaper: A Conveyancer or A Solicitor?

Generally speaking, a conveyancer is more affordable than a solicitor, as a solicitor’s expertise lies in a wider range of legal areas and may not specialize in property settlements. With that said, when the legal situation is much more complex, a solicitor will be able to provide expansive legal aid.

How Much Should I Expect to Pay for A Conveyancer?

The costs of hiring a Conveyancer can vary greatly between each business and will inevitably vary from settlement to settlement. In the most general sense, initial conveyancer fees can cost anywhere from $500 to $2200, though fees can also vary (this is just a ballpark figure). At Platinum Lawyers, are Conveyancing services are provided at competitive rates, and we have some of the best professionals in the field!

Disbursement Costs:

In addition to the initial fees of hiring a conveyancer may be other fees that a conveyancer needs to pay on your behalf. These are called disbursement costs.

Disbursements can include:

• Searches through various government and public bodies. For example: title searches, roads and land tax searches and planning searches
• Obtaining certificates and legal documents such as Local Council Building Certificates
• Arranging for building and pest inspections
• Administrative expenses including photocopying and attending settlements
• The registering of your mortgage
• Other Costs

Frequently Asked Questions

 Q. How Much Does A Conveyancer Cost in Sydney?

A. Property settlements can be complex, but at Platinum Lawyers, we offer reliable and affordable conveyancing services, specializing in the smooth transfer and ownership of properties.

 Q. Who Is Cheaper: A Conveyancer or A Solicitor?

A. Generally, a conveyancer is more cost-effective than a solicitor for property matters. While a solicitor provides broader legal expertise, a conveyancer specializes in property settlements, offering a more budget-friendly option.

 Q. How Much Should I Expect to Pay for A Conveyancer?

A. Conveyancing costs vary, but at Platinum Lawyers, our competitive rates typically range from $500 to $2200 for initial fees. These figures are approximate, and our professionals ensure excellent service tailored to your needs.

 Q. What Are Disbursement Costs in Conveyancing?

A. Disbursement costs are additional fees incurred by a conveyancer on your behalf. These include searches through government bodies, obtaining certificates, administrative expenses, and other necessary costs. Our transparent approach ensures you are aware of and comfortable with these additional expenses.

 Q. What Searches Are Conducted by Conveyancers?

A. Conveyancers conduct various searches, including title searches, roads and land tax searches, and planning searches. These searches provide crucial information for a smooth property transfer process.

 Q. How Do Conveyancers Handle Administrative Expenses?

A. Administrative expenses, such as photocopying and attending settlements, are part of conveyancing. At Platinum Lawyers, we manage these costs efficiently, ensuring a seamless administrative process during your settlement.

 Q. What Are Some Other Costs Involved in Conveyancing?

A. Other costs in conveyancing may include arranging building and pest inspections, registering your mortgage, and additional expenses specific to your settlement. Our professionals at Platinum Lawyers prioritize transparency in outlining all potential costs.

 Q. Why Choose Platinum Lawyers for Conveyancing Services?

A. At Platinum Lawyers, you are our top priority. We offer competitive rates, experienced professionals, and a commitment to ensuring your settlement proceeds without complications. Our friendly team in Sydney is dedicated to providing the best service.

 Q. How Can I Contact Platinum Lawyers for Conveyancing?

A. You can reach Platinum Lawyers by calling (02) 8084 2764 or through our free online consultation form. Our team is ready to assist you with any questions or concerns related to your property settlement.

As you can see, the costs of hiring a conveyancer will depend largely on your individual settlement. Here at Platinum Lawyers, you are our number one priority. We will ensure that your settlement goes without a hitch. Not to mention, we have the friendliest professionals in Sydney!

Contact Platinum Lawyers on (02) 8084 2764.  or through our free online consultation form.

Unfortunately, this is not the surprise the Police have planned for you this Long Easter Weekend

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Unfortunately, this is not the surprise the Police have planned for you this Long Easter Weekend

 

This Easter Long Weekend, Platinum Lawyers Sydney would like to advise its clients that double demerit Points will apply in Sydney. Double demerit points will come into effect on Friday, April 19th and continue all the way to Monday, April 22nd.

With the ANZAC Day, later in the week, what you also need to know is that double demerit points will once again come to effect on Wednesday, April 24th – and last all the way to Sunday, April 28th, 2019.

Should Double Demerit Points put you off enjoying the Easter Long Weekend?

Not at all. All we’d like to say to you at Platinum Lawyers, Sydney is that ‘if you’re driving to the Royal Easter Show, or anywhere, really, in or out of Sydney – do take the necessary precautions you need to drive CAREFULLY and SAFELY – at all times.’

The Easter Break in Sydney and other States – Easter Long Weekend Holiday Dates

YearDateDayHolidayStates
201919 AprFriGood FridayNational
20 AprSatThe day following Good FridayNational except for TAS & WA
21 AprSunEaster SundayACT, NSW, QLD & VIC
22 AprMonEaster MondayNational
23 AprTueEaster Tuesday *TAS

How do you keep your family and children safe during the Easter Long Weekend?


Transport New South Wales has put together some guidelines which we are delighted to share with our clients at Platinum Lawyers, Sydney.

 

  • Stay within the speed limit – speed limits are set by the RTA to keep you safe. So, make it a point to stay within them, at all times.  Speeding dramatically increases your chances of you crashing your car. Not to mention the dreams of the precious cargo you carry in it. Your family. Never speed. The police will pull you over if you do.

 

  • Do not consume alcohol, before or during your journey under any circumstances – alcohol slows your brain down, making it impossible for you to foresee incidents or avoid them. Whether you are travelling with family, or not, drinking alcohol during a long drive is never a good idea because of what alcohol will create in your –  fatigue.

 

 

 

Are New South Wales Police targeting drink driving, speeding, drug driving or using mobile phones while driving during the Long Easter Weekend?

Yes, they are.  The penalties for drink driving, drug driving, texting while driving, or speeding during the Easter Long Weekend are heavy.

 

If you are caught, you will receive double demerit points. You may also be fined and lose your license depending on how many demerit points you already have on it.

 

You will immediately lose your license for the following offences in NSW

  • A serious driving offence causing death or grievous bodily harm
  • Speeding in excess of 45 km/h over the speed limit
  • Suspected driving under the influence (DUI) offences
  • Driving under the influence (DUI) offences
  • A street racing offence
  • An aggravated burnout offence. The definition of an aggravated burnout includes a hoon driver’s mates who willingly participate in, urge others to participate in, photograph or film to promote or organise hoon activity
  • Learner or provisional licence holders speeding in excess of 30 km/h over the speed limit whilst the holder of a learner or provisional licence
  • Learner licence holders driving without supervision.

Source: https://www.rms.nsw.gov.au/roads/safety-rules/demerits-offences/suspension-disqualification/index.html

Ok, road penalties are heavy during the Easter Long Weekend – but is there any place families can have safe fun during the Easter break?    Yes, there are many places that give you the option to have safe fun during the Easter Long Weekend. At Platinum Lawyers Sydney, we’ve put together a list of these places and the FUN things you can do with your family if you’re in Sydney.

 

  • The Royal Easter Show – the Royal Easter Show is Sydney’s Big Day Out. With over 850,000 visitors, it’s where the City meets the Country – finally. Wood chopping, sheep shearing and dozens of other competitions will tickle your fantasy – also challenge it. https://www.eastershow.com.au/

  • Sydney Sea Aquarium – Immerse yourself in a tank full of sharks – also over 700 different species of sea life. Located in Sydney’s Darling Harbour, SEA LIFE Sydney will be putting on a show that’s ‘eggstra special’ over the Easter Long Weekend. https://www.sydney.com/destinations/sydney/sydney-city/darling-harbour/attractions/sea-life-sydney-aquarium

  • Sydney Olympic Park has it all. They’ll be open right through the Easter Long Weekend.

 

  • Scenic World, Blue Mountains – tucked away in the Blue Mountains, Scenic World has plenty for you to see and do during the Easter Long Weekend. At Scenic World, during Easter, staff will be dishing out Hot Chocolates and Hot Cross Buns all weekend. All events are free with the purchase of a Scenic World Pass. https://www.bluemts.com.au/news/things-to-do-this-easter-weekend/

 

The Easter Long Weekend is here – so hop to it

Have fun – but please do so – safely. From all of us at Platinum Lawyers Sydney, we wish you a Happy and Safe Easter Long Weekend!

The Government’s First Home Buyer Deposit Scheme

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The Government’s First Home Buyer Deposit Scheme

 

Why you need a Lawyer now more than ever to look over your Conveyancing, Mortgage and Contract of Sale agreements

Buying a home in Sydney, just got more complicated, which is why the services of a Conveyancing Lawyer in Sydney has become indispensable. The Federal Elections are over, the New South Wales Metro has just gone live plus the Coalition Government will soon launch its First Home Buyer Deposit Scheme.

Pandits are hopeful that these measures will reverse the 10.9% fall in property values that Property Insights and Analytics firm, Core Logic, reported occurred in the last 11 months in its report titled Australia’s Dwelling Values Fall Half A Percent In April As Rate Of Decline Continues To Ease.

While no-one can say what impact, precisely, the First Home Buyer Deposit will have on Sydney’s property prices, experts online suggest that it is possible that the scheme, coupled with other property and real estate developments, may reverse the 10.9% decline the market in Sydney has seen in the last 11 months.

What do these developments mean for First Home Buyers and Property Investors in Sydney?

It means you should look at your Conveyancing, Mortgage and other Home Purchase Agreements even more carefully than you may have done, previously.

When buying a home, or apartment, you need to enter into several agreements as a buyer with the seller of your home, your bank and if you’re buying the property with your partner – your partner. This is particularly important given divorce rates in Sydney which stand at 41% according to Statistics Australia.

Property agreements are complicated. So, they need to be looked over by an expert from the legal field because once you enter into these agreements which include your Contract of Sale, Mortgage and Partnership Agreements – you are legally bound by their terms and conditions.

 

The Law Society of New South Wales is very clear about what Home-buyers should do when purchasing a home or apartment in Sydney

In an excellent report titled Once You Have Decided To Buy, the New South Wales Law Society details ‘why’ you must consult a Lawyer before you put that deposit down on your home.

It is because buying a home in Sydney today has become a minefield full of traps.

Because of the complexity involved with buying a home today, it is critical that you consider using the services of a competent and experienced Law Firm like Platinum Lawyers Sydney to help you understand the legal paperwork and guide you through it.

The First Home Buyer Deposit Scheme is just the tip of the iceberg

Yes, the Government will give people who have never owned a home in Australia before the opportunity to obtain a loan at 5% of the home’s purchase price.

This is limited to 10,000 home loan applicants only – the Government has not yet detailed the criteria on which their selection will be based.

But from where we sit in the Legal Industry, the First Home Deposit Scheme is not as important as understanding the wider berth of purchase and mortgage agreements with your bank or private lender, partner and seller that you will invariably need to enter into.

Your purchase could be, for example:

  1. By Private Treaty
  2. By Auction
  3. Or you could buy your home ‘off the plan’ or directly from the home’s owner

Then there’s the range of documents, processes and terms you need to know about:

  1. The Contract for Sale
  2. Cooling Off period
  3. Settlement
  4. Freehold purchase
  5. Leasehold purchase
  6. Strata title
  7. Company title
  8. Community Title

With over a decade’s experience helping Sydneysiders buy property as well as invest in it, Platinum Lawyers is qualified and competent to help you buy your property and ‘settle’ it! We have a large in-house team of Legal Experts whose experience you can draw upon to ensure the property agreements you are entering into meet legal considerations and standards – protecting your home as well as the personal interests you will invariably have attached to it.

To speak to a Property Lawyer today, please call us on (02) 8188 2310.

Drug Driving – The Party’s Over!

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Drug Driving – The Party’s Over!

 

Road safety in and around Sydney is of paramount importance, not just for you but for those around you.

Drive after taking drugs and face a suspended license for three months. Sound harsh? It is.

As of 20 May 2019, drivers who test positive for any illicit drugs in New South Wales (NSW\][po) will be facing a minimum fine of $561 and an immediate three-month suspended license. These laws apply to first-time drug drivers and low-range drink drivers. For those involved in an accident, or facing a second conviction , the resulting penalties could be catastrophic.

Safer Roads

These changes are part of the government’s Road Safety Plan 2021, which has the lofty goal of reducing fatalities on the NSW road network 30 per cent by 2021. The Minister for Transport and Roads Andrew Constance said, “Drivers who have an illegal level of alcohol in their blood or have used illegal drugs have no place on the road…if you break the law, you will pay the price.”

Despite the outrage felt by some members of the community regarding these new strict laws and severe penalties, the fact remains – drugs are illegal and these new laws will save lives. Research from the NSW Centre for Road Safety has found that in nearly one in five road fatalities occurring in 2018, illegal drugs were detected, the same number as alcohol related crashes.

Zero Tolerance

The new laws are designed to simplify and improve the certainty of penalties for driving with the presence of any illegal drug typically detected through MDT.

Unlike the Random Breath Test (RBT) for alcohol, the Mobile Drug Test (MDT) is specifically designed to detect any presence of drugs. So a driver does not need to be physically impaired at the time, any positive test can result in prosecution.

“Every police vehicle can carry out mobile drug tests anywhere, anytime. Take illegal drugs and drive? You can stop it… or cop it,” warns the narrator in a recent TV advertisement.

 

How is the MDT Test Done?

Typically the MDT is done in addition to a RBT. The police officer will ask you to wipe a MDT test stick along your tongue to check if you have illegal drugs in your system. The result only takes a few minutes and you will be required to wait until the test is clear. If the test yields a positive result, you will be taken back to the police station and asked to provide another saliva sample. If this test is also positive you will be banned from driving for twenty-four hours while the samples are sent to the laboratory for analysis.

According to the legal experts at Drink Driving Defence Melbourne, there are several ways for police to legally obtain samples from you, saying “be aware that if the police suspect that you are impaired by any other drugs undetectable by the MDT, they can arrest you and you will be required to submit blood and urine samples.”

In this situation, you would be prohibited from driving for forty-eight hours while awaiting the final test results.

All drivers involved in fatal crashes undergo blood and urine testing for drugs and alcohol.

Which Drugs Does the MDT Test For?

The MDT detects four common illegal drugs: ecstasy, cannabis, cocaine and methamphetamine (including speed and ice).

 

How Long Do These Drugs Stay in the System?

Traces of these drugs remain in the body long after the apparent effects are gone. The specific amount of time drugs can still be present is a bit imprecise since many factors including: the amount of drugs taken, frequency of use, combinations of drugs, drugs combined with alcohol and body chemistry, can all play a factor.

The NSW government claims that the MDT can detect cannabis for up to twelve hours after use and stimulants for one to two days. However, the Alcohol and Drug Foundation (ADF) say that cannabis can be detected by a saliva test for approximately twenty-four hours after use and there have been reported cases where cannabis was still present several days later.

It’s clearly a slippery slope and there is no definitively accurate time frame to follow. It would also be wise to bear in mind that drugs can be detected in urine and blood tests for days or weeks and hair follicle tests for months.

The only sure fire way to ensure a negative result in a MDT is to not use drugs or don’t use drugs and drive.

What About Prescription Drugs?

While the MDT does not specifically test for prescription drugs, this does not mean a driver can confidently take prescription drugs and drive. If any drug impairs a person’s ability to drive safely, then that driver could be subject to a driving under the influence (DUI) conviction and face the same penalties as someone taking illegal drugs.

If you do take prescription drugs, ask your doctor if it’s ok to drive while taking that medication, do not exceed the recommended dosage, do not mix prescription drugs with alcohol and be mindful when starting a new medication, the initial effects could be stronger and more disorientating than expected.

Pain & Suffering

It’s pretty clear that these new laws are designed to leave offenders in a world of hurt. The $561 fine and three-month suspended license is now the bare minimum for first-time offenders. The penalties skyrocket from there.

Initial fines and penalties are considerably higher if you refuse to be tested.

If a driver tests positive for both drugs and alcohol they could face multiple charges.

For subsequent offences or more serious situations, there could be substantial fines, license disqualification and jail time.

Do You Need A Lawyer?

A drug driving conviction can be costly and life altering. It’s really not a situation you want to navigate alone, especially if you have to go to court. Platinum Lawyers is Western Sydney’s leading law firm. Our legal team has more than 10 years of experience in traffic law and we excel at achieving the best possible outcome for our clients.

If you are charged with driving under the influence (DUI), call Platinum Lawyers Sydney to discuss your case with one of our Legal Representatives on (02) 8084 2764.  There is no charge for your initial phone consultation! We are here to help.

Author Bio

Tim Frank Anderson is an Australian freelance writer and Sydney-based university student. As a business student, he has a passion for learning about global changes in business culture and specialises in entrepreneurship and innovation-related topics. When Tim isn’t at his desk, you’ll find him exploring National Parks.

FAQs About Drink Driving Charges

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FAQs About Drink Driving Charges

 

Drinking and driving is dangerous – both to the person engaged in such behaviour and for those on the roads. In recent times, NSW has taken a ‘’zero tolerance’’ stand when it comes to dealing with Drink Driving Offences. Currently, a first-time, low-range drink driver will cop a minimum fine of $561 and an immediate, three month driving suspension.

Platinum Lawyers are Experienced Drink Driving Lawyers in Sydney. We have made a compilation of frequently asked questions so you can know your rights and the law.

 

NSW Drink Driving Offences FAQs

With the constant changes to the laws with regards to drink driving, it can be confusing to keep track of the facts. Platinum Lawyers has compiled a list of frequently asked questions when it comes to Drink Driving Offences to help you gain a better understanding of the laws in place.

Is Drink Driving considered a criminal offence in NSW?

Yes, Drink Driving is a criminal offence in New South Wales. If found guilty of a drink driving charge, it may result in a criminal conviction, penalties, license suspension/disqualification and even imprisonment.

Is a breath test alone enough to charge for a drink driving offence?

No, since breath tests are prone to errors, breath tests alone are not enough. If the result of a breath test is positive, you will be taken to the nearest police station for a breath analysis.

Is it illegal to refuse a breath test in NSW?

Yes, it is a serious offence to refuse a breath test. Breath test laws are pretty strict in NSW. If a police officer requests, you must supply a sample of your breath. Refusal to take a breath test can lead to the same charges of those for a high range drink driving offence.

Furthermore, if a motorist provides an insufficient breath sample (such as trying to manipulate the reading by blowing very lightly), it can be considered as refusal to provide sample and they can be charged with a same penalties and punishments applicable for a high range drink driving offence.

What is the 2-hour rule?

Police are not permitted to take a breath test if it’s been more than two hours since a person last drove. If they do so, the results may not be admissible as evidence in court.

What is the ‘home-safe’ rule?

The ‘home-safe’ rule states that police cannot force you to do a breath test in your own home. Just as with the 2-hour rule, if the police breath tests you in your home, the result will not be admissible in court.

Facing a Drink Driving Charge in Sydney? Contact Platinum Lawyershttps://platinumlawyers.com.au/ on (02) 8084 2764. 

Mobile Phone Detection Cameras Installed in NSW: What this means for Sydney motorists?

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Mobile Phone Detection Cameras Installed in NSW: What this means for Sydney motorists?

 

Using a mobile phone while driving can cost you heavy fines, loss of demerit points and more. The NSW Police have made the laws stricter to crack down on the number of mobile phone usage related road accidents.

As such, it’s important to know what the road rules are in NSW when it comes to use of mobile phone while driving.

At Platinum Lawyers Sydney, we have put together a guide to the road rules about using your mobile phone while driving.

 

Unrestricted Licensed Drivers

For unrestricted licensed drivers in NSW, there are only two ways in which you are allowed to use your mobile phone while driving:

  1.     It’s on a Fixed Mobile Phone Mount: The first is if your mobile phone is secured to a commercially manufactured and designed mobile phone mount which is fixed to your vehicle and doesn’t obscure your view of the road. This can be used for such functions as answering phone calls, listening to music and navigation.
  2.     It Can Be Used Without Touching Any Part of the Phone: The second way you can use your mobile phone while driving is if it can be accessed without touching any part of the phone, such as via Bluetooth.

Unrestricted License Holders can use the mobile device for a variety of reasons including as a driver’s aid (navigation, speed advisor app and more).

All other uses of mobile phones while driving is illegal and can result in large fines, loss of demerit points and even loss of license. These other uses include video use, answering text messages, searching the web, emailing, social media and photography.

Learner and Provisional License Holders

Unlike Unrestricted License Holders, learner and provisional license holders are not allowed to use their phone in any way while driving, including answering calls hands-free or using their phone as a driver’s aid while it is secured to an accepted mount.

Acceptable Use of Mobile Phone in Vehicles

Although all other uses of your mobile phone while driving are illegal, there are situations where mobile phone use is legal while behind the wheel.

  1.     While Accessing a Digital Driver’s License on Your Mobile Phone: it is common that people will have a digital copy of their driver’s license on their mobile phone. This may only be accessed if a police officer has asked you to access it and provide it to them. Please note that it is illegal to access your phone before the police officer instructs you to do so.
  2.     Using Your Mobile Phone’s Wallet Functions: this includes using your phone to make a transaction, using it to gain access to an area and using it as a coupon or voucher. This is only allowed if the vehicle is stationed and off-road, such as in a carpark, drive-thru or driveway.

Bicycle Riders

Like full license holders, bike riders are permitted to use the mobile phone for certain functions, but the same rules apply: the phone must be placed in a secure mount that is commercially manufactured and designed and the phone must be accessed without touching any part of it. Such functions include answer phone calls, playing audio and navigation.

Mobile Phone Detection Cameras in NSW

As of December 1 2019,mobile phone detection cameraswere installed on NSW roads to curb the usage of mobile phones while driving. There will be warning letters given to camera-related offences, but repeated offences will receive a loss of five demerit points and a $344 fine ($457 in a school zone). This penalty rate increases to a loss of ten demerit points during double demerit periods.

Platinum Lawyers is Sydney’s trusted law firm, offering leading service for Family Law, Criminal Law, Business Law, Conveyancing & more.

Contact Platinum Lawyers Sydney today at (02) 8355 8020

 

Driving Over the Limit? Traffic Offences

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Driving Over the Limit? Traffic Offences

 

You are in a hurry because you are running late for an appointment. You are in a hurry because you are stuck in traffic and need to speed up to recover the missing time. You can have any reason to drive over the limit. And let’s face it, everyone, every now and then, has driven over the limit. Some are lucky enough to avoid the speed camera and some are unlucky enough to get caught. If you are one of the latter ones, then do not worry. If required, a lawyer can help you in such a matter.

Driving over the limit or any kind of traffic offence is taken very seriously in NSW. You can incur anywhere between 1 – 5 demerit points and fines on top of that. If you are facing traffic offence charges, it is advisable to contact a lawyer to act on your behalf.

Play Safe

In case of a serious driving offence, you may lose your licence and be sent to prison. A serious traffic offence includes drink driving, driving whilst disqualified and excess speed cases. If you feel that your penalty for such offences is drastic and unreasonable, you can easily seek advice from our lawyers.

Getting professional assistance for Traffic Offences may be expensive. However, there are law firms that offer affordably priced, dependable lawyers in the city like Platinum Lawyers Sydney NSW. Our rates are affordable and cost-effective. A professional lawyer may take various steps to fight cases for you. They have the ability to bring out the best possible results in your favour. It is better to follow the laws and be safe than sorry.

Get in Touch

If you are seriously concerned about losing your license or landing in prison because of a traffic offence, you now have the opportunity to challenge your case by hiring a lawyer.

Call (02) 8084 2764 to challenge Traffic Offence charges.

How to Extend Your Australian Visa in Light of the Coronavirus Fear?

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How to Extend Your Australian Visa in Light of the Coronavirus Fear?

 

With the Coronavirus fear gaining momentum with each passing day, Chinese tourists in Australia are desperately trying to extend their visas. Here is a guide from Platinum Lawyers on the visa and travel restrictions for Chinese people, international travellers and Australians.

How to Extend Your Visa in Australia if  You Do Not Want to Return to China?

Many Chinese tourists are hesitant to go back home to China fearing they will get infected with the coronavirus if they do.

If you wish to remain in Australia beyond the expiry of your current Australian visa, then you need to apply for a visa extension. It’s important to submit your application for further visa before your current visa expires. When you do that, a bridging visa may be granted to you, which will make it legal for you to stay in Australia while a decision is made on your application. For more information on extending your stay, visit the Department of Home Affairs website.

Information for Australian Citizens and Permanent Residents Travelling Back to Australia from Mainland China

If you are an Australian citizen or permanent resident travelling back from mainland China, you may be required to self-isolate for 14 days from the time of your departure from China. For more information on this and other travel restrictions, click here.

Temporary Travel Ban Due to Coronavirus Threat

If you have been to mainland China from February 1, 2020 and are neither an Australian citizen or permanent resident, then do not travel to Australia at this time. If you do attempt to do so, your airline may not allow you to board the flight.

The Department of Home affairs has advised International students and other foreign travellers notto travel via China when coming to Australia. Failure to follow this advice may result in the cancellation of their visas. Australian universities have made alternative plans for Chinese students affected by the travel restrictions. Chinese students are being offered online classes or an option to defer their studies until the travel restrictions are lifted.

Australians Stuck in Mainland China

If you are an Australian citizen or permanent resident currently stuck in mainland China and want to leave, you need to call the DFAT consular emergency line.

The Chinese and Australian Governments are working together in assisting Australian citizens and permanent residents back to Australia. Over 500 Australians and permanent residents have been brought back from China to Christmas Island till date, where they will be quarantined for 14 days. Once they are medically cleared, they will be free to return to their homes in Australia.

These travel restrictions are only temporary and will be resolved once the Coronavirus threat is deemed under control and no longer a threat.

 

How Can I Get Rent Relief ? Due to Covid-19 My Retail Business Is Struggling.

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How Can I Get Rent Relief ? Due to Covid-19 My Retail Business Is Struggling.

 

If you are a retail business owner struggling in the current challenging retail environment, paying high rent could be inflaming the situation. Many struggling retail tenants are attempting to renegotiate their leases or even considering selling up.

 Covid-19 – My Retail Business Is Struggling

If this is the position you find yourself in, it is worth considering your lease options. Difficult times require a clear decision-making process. This article outlines this process, including how to:

  • You should assess your current situation;
  • compare your risks;
  • negotiate your lease; and 
  • decide your next move.

  1. You Should Assess Your Current Situation

The first practical task is to objectively assess your situation. To do so, you should consider:

  1. Do you have a personal guarantee on the lease.  This is important because your personal assets will be on the line if the personal guarantee is triggered, and this may change how you approach any negotiations with the landlord;
  2. Does the entity that signed the lease also operates other sites and has other assets.  This is important because the greater the company’s assets, the higher the chance that the landlord may sue for any losses it suffers.  If the company has no assets other than the business at hand, the threat to wind up is more credible;
  3. how long you have left on the lease and any other long term contracts (e.g. equipment leases).  This is important because the landlord could potentially refuse to terminate the lease and keep sending you invoices for the rent for the remaining term.  If you have a long term remaining, this problem is more complex; 
  4. is an urgent situation requiring immediate action or an issue that you will be able to negotiate over several months. For example, you should consider whether your retail business is struggling but close to break-even or in crisis;
  5. how much your bank guarantee is (i.e. the security deposit your landlord may have required) and whether it will cover the amount of rent outstanding; and
  6. Is a franchise agreement, licence agreement or other long term third party agreement. If there is, you will need to consider how to cancel or renegotiate these arrangements.

  1. Balance Risk

Next, you will need to consider the risks of leaving with your existing commitments. For example, it may make sense to continue trading if:

  • you have a long term lease with at least 3 years remaining;
  • you have a personal guarantee; and 
  • the company that signed the lease has other substantial assets, such as other profitable retail outlets.

This is because even if the business is struggling, continuing to trade or selling the business for a nominal price may be necessary to avoid the risks of a substantial claim from the landlord or finance company.  

However, if the lease has a relatively short period remaining, there is no personal guarantee and the company has no other assets,  you could potentially be more aggressive in your negotiations. In this situation, you may be able to terminate the lease and walk away with minimal personal risk. While you may face the loss of your bank guarantee and investments (e.g. the fit-out), you may be able to avoid other consequences, such as the landlord or finance company taking action against you personally.

  1. Negotiate Hard

Once you have assessed your legal position and potential liabilities, you should contact the landlord as soon as possible and alert them that you are struggling. There is no point in hiding the crisis and trying to pay rent if the business is unsustainable.

Before calling your landlord, consider any mitigating circumstances that may help your case for requesting reduced rent. 

For example, the landlord may have failed to undertake building works (such as electricity or plumbing) that you ended up completing. Or perhaps the landlord stated that your location was a ‘premium site with a great history’, but you later learned that multiple businesses had failed in the same location.

Such issues could be justification for reduced rent, and now is the time to raise them. However, these kinds of claims require very careful legal analysis. Do not raise them without reasonable grounds.

  1. Make a Decision

If the landlord treats the threat of you leaving seriously and negotiates some kind of rent reduction or suspension, make sure that your agreement is in writing. There should also be a deed of variation or other documentation to record the new arrangement.  A verbal discussion can often lead to confusion between the parties.  

For example, you might believe the deal involves a rent waiver, whilst the landlord might believe you have agreed to a temporary rent suspension, with the outstanding amount to be eventually paid back.  A written document will avoid any such confusion.

If the landlord does not respond to the request for a rent reduction, you may need to make a difficult decision. Importantly, you should make this decision before you run out of funds. If you continue to pay rent in the absence of a response from the landlord, you may end up in deeper trouble with the tax office or other third parties.

It is better to leave with a fighting fund to combat any claim from the landlord than to continue sustaining significant losses and later make a crisis decision with little or no money left.

Key Takeaways

If your retail business is struggling, you should obtain legal advice regarding your options as soon as possible. This will allow you to take considered action at the earliest possible time. If you find yourself in this situation, you should:

  1. assess your current situation;
  2. compare your risks;
  3. negotiate; and
  4. decide your next move.

Many people keep their heads in the sand when a business becomes loss-making. However, this only results in a delay in addressing the problems and may deepen the losses you face. If you need help with your retail lease, contact Platinum Lawyers (NSW) Pty Ltd Leasing Lawyers on (02) 8084 2764

Important Changes to The Capital Gains Tax (CGT) and How It Will Affect Expats?

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Important Changes to The Capital Gains Tax (CGT) and How It Will Affect Expats?

 

As of 30th June 2020, there will be changes to the Capital Gains Tax laws for our expats. On 9th May 2017, the Australian Government presented the Federal Budget, unveiling a host of changes aimed at reducing the impact on housing costs and putting “Australians first for Australian accommodation.” 

The Federal Budget proposed that international and provisional tax residents would henceforth not be immune to capital gains tax (CGT) upon the selling of their principal residential property effective from 7:30 pm (AEST) on May 9, 2017. This regulation was, however, made open to an exemption for current assets owned on the above date and sold on or before June 30th, 2020. 

Overseas inhabitants, who are Australian citizens as well as residents holding primary households, need to understand how such reforms would affect their conditions. 

 

Some Background to the Capital Gains Tax

Before leading up to the Federal Budget disclosures in May, both residential and non-residential taxpayers had access to waivers to the CGT principal residence taxation charges, which usually allowed an exclusion from the country’s CGT in respect of a residential property that was deemed to be the principal residence of a tax-paying citizen. The waiver tended to be valid for a period of a maximum of six years, unless a homeowner relocated away from their principal home and instead obtained gains through renting it out to other parties. 

The above choice proved common among itinerant workers who pursued a work placement abroad and were an Australian non-resident citizen for taxation reasons. Those taxpayers who granted a rent of their principal home in Australia while on their work placement abroad could still have access to the waiver if they ceased using their principal home to earn revenue until the end of the aforementioned six-year period. 

What the CGT Entails

On 21 July 2017, the Australian Treasury issued a draft, disclosing the specifics of the law proposing to abolish the principal residence waiver for overseas residents to the CGT. 

It contained the following proposals: 

  • The Draft recommends that during the transaction for the selling of the land, access to the CGT principal residence waiver be withdrawn for all persons who are not residing citizens for Australian taxation reasons. 
  • This latest law would also extend to Australian nationals or permanent citizens and residents who are disposing of their primary Australian residency because they are an overseas ex-pat. 
  • The suggested retrospective provisions would authorize international residents access to the CGT principal residence waiver such that the instance of the sale of property takes place on or prior to 30 June 2019, and also that the property’s ownership involvement was retained in the duration beginning prior to 7:30 pm (AEST) on 9 May 2017 and concluding before the actual selling to take place. 
  • For all such persons who are not eligible for the aforementioned transitional requirements, withdrawing the right to the CGT principal residence waiver would require higher tax expenses involved with buying and selling principal residences, along with a modification in how they can report the benefits and file for their tax returns. 
  • Companies should disclose these modifications to their workers so that they acquire the appropriate guidance to help ensure that workers who perform a secondment abroad are not left out unexpectedly and therefore having to pay Australian CGT unfairly at their principal residence. While it depends on the condition of the person, the preparation may require postponing the beginning of their overseas secondment.

Bear in mind: If you happen to be a resident of an overseas country for taxation reasons in the occurrence of your death, the amendments may extend to legitimate family members, trustees, creditors of the former’s properties, special disability trusts or shared owners. 

A compromise in the new proposal is that only if an international resident was not living overseas for a sustained duration amounting to more than six years and any one of these following requirements are fulfilled, an international resident may qualify to use the principal residence waiver: 

  • The individual’s legal partner or underage child had a fatal health issue during the whole or periods of time of his or her international residence. 
  • The individual’s legal partner or underage child expires at the time of his or her international residence. 
  • The individual’s CGT related selling of the primary residence has been the consequence of a dissolution of the marriage between the individual and a legal partner (or former partner).

Why is CGT a concern for expats?

The main concern is that very few individuals have maintained accurate accounts of land purchasing expenditures that could extend back to at least the later period of the 1980s. The concern is that the legislation is focused on the initial price base when estimating the CGT rates. 

This encompasses not only the initial cost, but the expense for the acquisition, the holding expenditures and the upgrades and developments made to the house. Numerous people have not kept the CGT related documents to sort out every expense basis sufficiently. Owing to which, most taxpayers will be subject to unjust and unfairly huge amounts of taxation charges for CGT. 

It is also of concern that not just the residential properties, but individuals will be charged CGT of non-residential properties as well. 

If you are relying on the discounts on CGT rates to help you, it should be of further concern to you that in some cases the discount rates will be lower than 50% or in certain instances nil. 

If You Require Assistance

Expats owning Australian real estate that was their principal residence must obtain counsel before transferring the ownership rights of their properties so that they may gain the opportunity to consider the consequences of CGT as there may be a horde of concerns for you to individually take care of given the short window of time. Individuals may yet have strategic resources to explore including utilizing the interim time until 30 June 2020. 

Since every case is distinctly nuanced, counsel and strategy on taxes must be tailored to the situations of each taxpayer. This requirement could perhaps only be successfully fulfilled by legal representatives with several years of experience and efficiency. All these reasons for your apprehensions come to an end when you choose Platinum Lawyers for seeking legal advice and for the drawing of contracts as best suited to your advantage. 

Contact Us:

Please call Platinum Lawyers to discuss your property and the implications of Capital Gains Tax on your individual situation. 

CALL (02) 8084 2764

How to prepare a WILL during Coronavirus Covid-19 virus pandemic in Sydney Australia

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How to prepare a WILL during Coronavirus Covid-19 virus pandemic in Sydney Australia

Navigating your WILL through COVID-19

Preparing a “Will” during a time of uncertainty is the most guaranteed safeguard anybody can provide themselves and their families

The NSW Government has offered a $90 billion lending facility to banks for small business – but there are ALWAYS strings attached.

In the wake of the current situation with the Coronavirus (Covid-19) Pandemic that has a global affect, many people and their families have found themselves on the less prepared side of this pandemic, and whilst most are desperately reaching for the supermarket shelves, there far more pressing issues that need to be considered.

 

Many of us have been self-isolating to avoid falling ill or been forced into quarantine due to being exposed or, in the unfortunate event of testing positive for the virus.

 

Similarly, there are many employees working remotely, leaving employers wondering how they will execute important documents if signatories are unavailable.

 

Since the new norm now is to stay home, it’s no longer business as usual.

 

Three ways to maintain life outside the home, while staying home:

  • Appointment of an Enduring Guardian (or a Medical Treatment Decision-Maker as its known in some states), authorising a person or persons to make decisions on your behalf about your medical treatment or personal affairs when you no longer have capacity to do so.
  • General Powers of Attorney, allowing companies to authorise a person or persons to make decisions on behalf of the directors and give effect to those decisions.
  • Enduring Powers of Attorney, allowing individuals to authorise a person or persons to act on their behalf with respect to financial, legal and personal matters.

Preparation in the current climate is key

  • Prepare a Will during Coronavirus (Covid-19) – Ensuring you have a secure estate plan in place can ensure that you and your family avoid unnecessary complications when business is as unusual.

 

Please contact Platinum Lawyers Wills and Estates Lawyers for any enquiries in relation to being better prepared for this crisis and updating your estate plan, including an Enduring Guardian and Power of Attorney.

 

Special Covid-19 Offer Pricing:

  • $1,200 plus GST and Disbursements per standard* Individual Will
  • Power of Attorney & Enduring Guardianships from $750 plus GST
  • Package price of $1,650 inclusive of GST for standard*Individual Will, Power of Attorney and Enduring Guardianship
  • Package price of $2,800 inclusive of GST for Spouse to Spouse standard* Wills (Husband and Wife), Power of Attorney and Enduring Guardianships for each.

 

We look forward to discussing your WILL, so please contact us below:

ROBERT NASR

Solicitor / Director

Sydney Office: Level 14, 77 King Street, Sydney NSW 2000

Phone: (02) 8084 2764 | Fax: (02) 8079 6843

How to get Business Loans during COVID-19| Independent Legal Advice on Loan Documents in Sydney NSW

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How to get Business Loans during COVID-19| Independent Legal Advice on Loan Documents in Sydney NSW

The NSW Government has offered a $90 billion lending facility to banks for small business – but there are ALWAYS strings attached.

Platinum Lawyers Business Loan Lawyers will advise borrowers and guarantors on the nature and effect of proposed loan documentation including obligations under the loan agreement and the likely consequences should the loan go bad for any reason.

Once we have given you the advice, we will sign a Solicitors Certificate or Certificate of Independent Legal Advice or other documents that are required by the lender to complete the loan transaction – provided, of course, that what we are required to certify is true.

Platinum Lawyers Business Loan Lawyers recommend you:

  • Understand the loan contract – Before you sign a loan guarantee, get a copy of the loan contract from the lender ahead of time. Ask lots of questions so you understand the details.
  • Know the risks of going guarantor – If you’re thinking about guaranteeing a loan, make sure you understand the risks. Take the same care as if you were taking out a loan for yourself.

Platinum Lawyers Business Loan Lawyers can help with:

  • reviewing and advising on mortgage and loan documents;
  • Solicitor Certificates; and
  • Guarantor Certificates.

Special “Covid-19” Offer Pricing:

  • Loan agreements – from $550, depending on complexity
  • Advice on loan documents – from $550, depending on the volume of documents

ROBERT NASR

Solicitor / Director

Sydney Office: Level 14, 77 King Street, Sydney NSW 2000

Phone: (02) 8084 2764 | Fax: (02) 8079 6843

Legal Advice: COVID 19 Response

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Legal Advice: COVID 19 Response

 

It’s business as usual at Platinum Lawyers (NSW) Pty Ltd during the COVID-19 Crisis.

Our Staff are safely working from home where possible and available to provide the same Legal Services to you as always.

All face to face consultations will be conducted strictly in accordance with the recommended guidelines as well as offering consultations by video conferencing and telephone where preferred or required.

Our lawyers have the expertise to assist you in the following:

Call us on (02) 8084 2764 now to arrange an appointment convenient to you.

The $25,000 HomeBuilder Grant: Are you Eligible?

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The $25,000 HomeBuilder Grant: Are you Eligible?

 

In a bid to boost the economy and help out the construction industry, the Federal Government recently announced a $680 million HomeBuilder Scheme. This news has generated a lot of excitement as well as confusion as people are not entirely sure who’s eligible and who’s not. Platinum Lawyers has put together this guide to answer some of the most common questions with regards to the HomeBuilder grant.

What is the new HomeBuilder Grant?

It’s a tax-free payment of $25,000 offered by the government to eligible homeowners to build a new home or substantially renovate their existing homes.

When should I apply for it?

Applications are now being accepted and the last date for sending in the applications is 31, December 2020.

Is the HomeBuilder scheme only for first home buyers?

No, it’s for any property owner who meets the eligibility requirements. To determine if you qualify, read the eligibility requirements listed below.

Who is eligible?

Only those who meet the following criteria are eligible for the HomeBuilder grant:

  • You must be an individual (not a company or a trust).
  • You must be 18 years or older.
  • You must be an Australian citizen.
  • You must be an owner-occupier (which means it will be your principal place of residence).
  • If you’re single, your annual taxable income must be less than $125,000 (as per your 2018-2019 or later tax returns).
  • If you’re a couple, your annual taxable income must be less than $200,000 (as per your 2018-2019 or later tax returns).
  • You must enter into a building contract between June 4, 2020 and December 31, 2020.
  • If you’re building a new home the property value (house and land) must not exceed $750,000.
  • If you’re buying an off-the-plan home, the contract price must not exceed $750,000.
  • If you’re renovating an existing home, the renovation contract must be valued between $150,000 and $750,000. Another caveat to be noted here is that the property’s pre-renovation value (house and land) must not exceed $1.5 million.
  • Construction must begin on or after 4, June 20 and within three months of the contract date.

Are all home renovations eligible for the grant?

Unfortunately, no. Renovations are only eligible if they substantially alter the existing dwelling, improving the safety, liveability or accessibility of the property. Renovations that would not qualify for the grant include swimming pools, granny flats, sheds, standalone structures such as outdoor spas, saunas and garages, tennis courts and other non-essential renovations.

Can I apply for other housing grants offered by my State if I’m applying for the HomeBuilder grant?

Yes, you can. The HomeBuilder Grant will not affect your eligibility for other housing grants offered by your state in anyway. For instance, you can access both the HomeBuilder grant as well as the First Home Buyer grant, as long as you qualify.

Are you a first home buyer looking for an Experienced Conveyancer in Sydney? Contact Platinum Lawyers. Our team of property lawyers and conveyancers in Sydney will provide you with smooth, hassle-free conveyancing so you can enjoy your home buying experience and leave all the boring paperwork and nitty-gritty details to us.

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