Services

Property & Conveyancing

Whether you’re buying your first home, developing a new estate or selling one of your commercial properties, it can be a stressful time. Buying and selling properties isn’t something you do every day and given what’s at stake you want to make sure everything goes smoothly.  

We make sure that you understand what your options are, keep you informed every step of the way and support you if there’s an issue.  

We help individuals, families, small partnerships and businesses, large corporations and developers with their property transactions and conveyancing needs. While this often involves buying and selling properties, it can also involve other transactions including:

  • Subdividing your land;
  • Transferring titles after the sale of a business or between family members;
  • Setting up new residential developments so they’re ready to sell;
  • Moving property into your self-managed superannuation fund (SMSF);
  • Purchasing off-the-plan;
  • Putting or removing a caveat from a title; and
  • Obtaining the First Home Buyers Grant.

Each property transaction has its own legal requirements that need to be completed. Our experienced property lawyers deal with these issues every day and can take care of all the paperwork and conveyancing for you. We can help you:

  • Prepare the contract of sale;
  • Prepare the Section 32 (or Vendor Statement);
  • Conduct title searches;
  • Complete stamp duty and GST documents;
  • Conduct pre-settlement inspections;
  • Liaise with your bank, lawyers, real estate agents, conveyancers and the buyer or seller;
  • Prepare settlement statements;
  • Make sure titles are transferred correctly; and
  • Arrange and complete settlement.

 

Please complete one of our interactive forms to get help with the purchase, sale or transfer of your property.

Alternatively, feel free to contact our office for assistance. 

At each stage of a property transaction issues can arise. No matter how complex they are, we can guide and give you advice on what your options are so you can make an informed decision. This can include:

  • Reviewing and drafting contracts;
  • Suggesting special conditions to include in the contract;
  • Negotiating with other lawyers on your behalf; and
  • Explaining what the legal issues are in plain English.

Even if you’re not buying or selling property, there are other property law issues that we can give you advice on. These include:

  • Adverse possession claims;
  • Creating or removing easements;
  • Creating or removing covenants;
  • Registering or withdrawing caveats; and    
  • Land conversions.

Despite your best efforts, sometimes disagreements can happen. While we can try to help you resolve issues quickly, sometimes disputes can’t be resolved amicably. If you have a dispute we can help you by:

  • Giving you advice on your options;
  • Negotiating on your behalf; and
  • Representing you in Court or at the Victorian Civil and Administrative Tribunal (VCAT).

Wills & Estates

While most people would like to think they will live forever, planning what happens to your estate when you pass can give you peace of mind.

We help individuals and families make sure that their wishes are documented and their loved ones are protected. This includes preparing a range of documents including:

  • Wills;
  • Enduring or non-enduring Power of Attorney;
  • Appointment of Medical Treatment Decision Maker; and
  • Advance Care Directive.

Your will is a document that outlines who you want your assets to go to and who should look after any children you have when you pass. 

A valid will should include:

  • Who you want your assets to go to;
  • Who you want to look after any children you have under the age of 18;
  • Any other specific wishes that you have, like how your funeral should be carried out; and  
  • The appointment of an executor, who is a person you trust that will be responsible for carrying out your wishes in the will and managing your estate until all your bills have been paid and your assets distributed.  

Your wishes may change over time, so it’s a good idea to review your will whenever you have a significant life event like a marriage, divorce, birth of a child or if your financial situation changes. 

In some situations, an executor to a will may need to get a Grant of Probate. This involves asking a Court to validate a will. 

If you would like our help creating your will, please complete the form below or contact us. 

  • Wills Instruction Questionnaire

If you pass away without a valid will (which is called dying intestate) then you will need to ask a Court for Letters of Administration to look after the estate. There are specific laws that determine how the assets are divided and who can benefit from them. If you don’t have any living relatives then your estate will go to the government.   

A Power of Attorney is another important estate planning document. It allows you to give someone you trust the ability to make decisions about your assets or finances if you are not able to. This may come into effect if you have an accident or if you’re no longer of sound mind, for example. You can choose to appoint a Power of Attorney for a short period of time (non-enduring), like if you’re going overseas, or permanently (enduring). 

If you would like help creating your Power of Attorney, please complete the form below or contact us. 

 

  • POA Instruction Questionnaire

An Advance Care Directive lets you outline what type of medical care you do and don’t want to receive. In Victoria you can complete this legal document so that your doctor, medical professionals and your loved ones understand what your wishes are. 

You can also appoint one or more Medical Treatment Decision Makers in Victoria. This gives this person legal rights to make decisions about your medical treatment if you’re no longer able to speak for yourself or are not of sound mind. 

If you have planned your estate well, it’s less likely that disputes will arise because your intentions should be clear. However, it’s not always possible to avoid will disputes particularly if you have a large or blended family. 

In Victoria, there are specific laws that determine how a person’s assets should be distributed if they pass away without a will. These laws also allow some people to legally contest a will and also set out when you must take action. If you want to contest a will we can help you:

  • Understand whether you are legally able to contest a will;
  • Advise how long you have to contest a will;
  • Gather evidence; 
  • Put together your legal case; and
  • Represent you in Court.

COMMERCIAL &
BUSINESS LAW

Whether you are a sole business owner or run a large corporation, there are laws that you need to comply with and issues that can arise. We can help you understand your legal requirements and give you advice on how to protect your business and deal with disputes.

We help individuals, small businesses, partnerships and large corporations and anyone managing a business in Victoria. We can help you with a wide range of issues including:

  • Understanding your legal obligations;
  • Setting up your business;
  • Reviewing and drafting business contracts and commercial agreements;
  • Managing employees and employment law issues;
  • Protecting your intellectual property and trademarks;
  • Commercial leases;
  • Buying and selling a business; and
  • Putting in place loans and guarantees.

Australia has very complex regulations and legal requirements that businesses need to comply with. These can be difficult to understand, particularly if you don’t deal with them every day. If you don’t meet some of these regulations you may face serious penalties or even jail. We can help you understand how to meet your obligations.

When you set up a business there are many legal decisions that you need to make, including what type of  structure you want to operate as, like a sole trader, company, partnership or joint venture. We can help you:

  • Understand the pros and cons of each business structure;
  • Put in place the right documents to protect your interests, like shareholder, partnership or joint venture agreements;
  • Understand what your obligations are under your business structure, like your duty as a director or partner; and
  • Complete the paperwork to establish your business legally. 

Whatever business you’re in, you’ll need to have contracts in place. These may be with suppliers, customers or service providers. Contracts or agreements set out your obligations and those of the other party. These can be legally enforceable so you want to make sure your business is protected. We can help you by:

  • Reviewing contracts or agreements that you have in place;
  • Drafting contracts for you; and
  • Negotiating the terms of an agreement on your behalf.    

Whether you have an invoice that’s not been paid or you have a disagreement with your partner, business disputes are quite common. If left unresolved, business disputes can be quite costly. We can help you resolve disputes including:

  • Recovering debts;
  • Reviewing contracts and agreements and advising on your legal rights;
  • Negotiating with the other party on your behalf; and
  • Representing you in Court or at the Victorian Civil and Administrative Tribunal.

LEASING

Whether you’re leasing a commercial or retail property in Victoria, you’ll need to have an agreement that outlines what your rights and obligations are. We can help you understand what your lease agreement means and give you advice if there is a dispute.

We help individuals, landlords, businesses and retailers who lease property in Victoria. We advise on a range of different types of leases including:

  • Retail leases;
  • Warehouse leases;
  • Office leases;
  • Factory leases; and
  • Licences.

Commercial and retail leases can be quite complicated and there is often room for negotiation. What terms and conditions are considered to be fair for commercial leases are often determined by various laws and regulations. For retail leases there are also specific laws that govern what they must contain and what your obligations are. We can help you:

  • Draft a lease or template lease agreement if you’re a landlord;
  • Review your lease agreement;
  • Understand what terms and conditions you may be able to include in your lease agreement;
  • Negotiate the terms and conditions of your lease on your behalf;
  • Understand your rights if there is a compulsory acquisition of the land where your lease is;
  • Review lease incentives;
  • Understand your stamp duty and GST obligations;
  • Understand whether you can assign your lease or sublet to someone else;
  • Prepare variations or assignments of your lease;
  • Understand what your rights are with respect to rent increases and valuations; and 
  • Assist in due diligence investigations.

If you believe that your lease is unfair or you’ve breached the terms of your lease you may have a lease dispute. A lease dispute can disrupt your business, affect your ability to service your customers and you may even find yourself locked out of your business and unable to access your equipment or stock. We can help you resolve your lease dispute quickly by:

  • Giving you advice on whether your lease has been breached;
  • Explaining whether you can terminate or surrender your lease lawfully;
  • Explaining what your options and obligations are;
  • Preparing and enforcing a Notice of Breach;
  • Giving you advice on your rights with a lockout or re-entry;
  • Negotiating with your tenant or landlord on your behalf; and
  • Representing you in Court, at the Small Business Commissioner or the Victorian Civil and Administrative Tribunal (VCAT).

Loans & Guarantees

There are many situations where you may take out a loan or give a guarantee. Whether you’re taking out a loan with a bank or financial institution or from a family or friend, the transaction will involve a type of contract or agreement that may be legally binding.

We help individuals, families, businesses and directors involved in loan transactions or who provide guarantees.

There are many different types of loans that you may take out. These include home loans, credit cards, leases and hire purchase arrangements. Depending on whether the borrower is a company or business or an individual, different laws may apply to the loan. We can help you:

  • Understand what your rights and obligations are under  the loan agreement;
  • Review your loan agreement and make sure it contains all necessary terms and conditions;
  • Negotiate the terms of the loan agreement on your behalf; and
  • Provide a legally valid solicitor’s certificate.

A guarantee is where someone agrees to take on someone else’s obligations if they can’t fulfil them. If you guarantee someone’s loan then you’ll be responsible for paying it back if they can’t. 

Guarantees are quite common. In business the most common situation is where a director personally guarantees the loans of the business. While in families parents may guarantee their children’s home loan. While the guarantee may make it easier to access finance, it can put the guarantor in a difficult position. That’s why there are very specific requirements that must be followed for some guarantees to be legally valid.  We can help by:

  • Explaining what your obligations are as guarantor;
  • Providing a legally valid solicitor’s certificate;
  • Reviewing the terms of your guarantee;
  • Explaining what is required for your guarantee to be valid under the law;
  • Giving you independent legal advice about your obligations; 
  • Advising whether the guarantee is legally enforceable;
  • Advising whether the National Credit Code or Banking Code of Practice applies to your guarantee and what this means;
  • Explaining how you may be able to withdraw or change your obligations under the guarantee; and
  • Enforcing a guarantee.

Disputes about loans or guarantees are common and can often be quite emotional. There are situations where a guarantor may not need to fulfil their obligations like if there has been force, fraud or undue influence. These often become legal disputes that need to be proven first. We can help you in a loan or guarantee dispute by:

  • Explaining what your options are;
  • Determining if you have legal grounds to escape liability under the loan or guarantee;
  • Gathering evidence to support your claim;
  • Negotiating on your behalf; and
  • Representing you in Court.

AIC CONSULTANCY

Symphony Legal has partnered with the Australian Institute of Conveyancers (AIC) Victoria Division to provide a cost-effective consulting service for subscribing AIC members. Conveyancing is a deceptively complicated and detailed area of law. We can help you navigate the complexities and difficulties in the conveyancing world.

We help conveyancing professionals navigate the high-paced, demanding, and challenging field of property law and conveyancing transactions.

Members of the AIC Victoria Division can retain Symphony Legal to act as a consultant under a subscription model. We provide members with practical, honest, and solution-based advisory to effectively navigate those tricky files, unusual situations, and problem scenarios that inevitably arise from time to time. Big or small, we’re always here to be your guide.

To subscribe to our AIC Victoria Division consultancy service please email: admin@aicvic.com.au or call (03) 9328 8175. 

Subscription services are billed quarterly.

Adam Maric is proud to appear as a consulting presenter on a range of conveyancing topics at AIC seminars Victoria wide. Education is a key aspect of our consulting service. By joining us at the next AIC seminar you can keep up with your Continuing Professional Development (CPD) points, industry changes, legislative reforms, and grow your expertise.

The AIC Victoria Division is committed to improving benefits and professional support for its members. Together, we seek to elevate the conveyancing service and build excellence in the industry across Victoria.