News - Kent Law Group

Want to buy that next house confidently!

**Home is Where the Heart is: Making the Move**

In the hustle and bustle of city life, it’s not uncommon to yearn for a bit of serenity, especially when starting a family. Meet Tom Mitchell, a hardworking Sydney professional, who’s looking to trade his city digs for a suburban haven to welcome his first child.

Just like many of us, Tom juggles a challenging career, personal dreams, and an impending arrival that has shifted his focus. His quest? A comfortable, spacious home in a family-friendly neighbourhood, offering a nurturing environment for his growing family.

However, it’s not as straightforward as packing up and moving out. Memories of Tom’s first home-buying experience still linger, a complex endeavour that was more stressful than expected. It’s an experience familiar to many Australians navigating the competitive property market. Fear, uncertainty, and a longing to make the right choice can cast a shadow over the excitement of buying a new home.

Yet, Tom’s story reminds us that fear is part of the journey, not the destination. His persistence in securing a better future for his family is inspirational, illustrating the age-old saying, “where there’s a will, there’s a way.”

In the face of hurdles, we often discover our true potential, and the strength we hold within us. Whether it’s career growth, purchasing a home, or nurturing a family, life’s challenges are just stepping stones leading us to our goals.

At Kent Law Group, we’re inspired by people like Tom. People who dream, who aspire, and who brave their fears for their loved ones. Our commitment is to stand by you, offering our expertise, ensuring that your journey, just like Tom’s, leads to a future filled with warmth, security, and contentment.

Stay tuned to our blog as we share more such inspiring stories, practical advice, and expert insights to help you make confident decisions, one step at a time.

#YourDreamOurMission #MakingMoves #KentLawGroup

Looking to buy property on the Central Coast, NSW

Embarking on the journey of purchasing your second home is an exciting milestone for your growing family. At Kent Law Group, we understand that the property landscape in NSW can be complex, especially for those who are navigating it for the first time without a solicitor.

As your trusted partner, we want to share some up-to-date advice to help you make informed decisions.

Firstly, it’s crucial to understand the importance of a property inspection. This step is not to be overlooked, as it can reveal potential issues that could become costly down the line.

Secondly, be aware of the stamp duty concessions and exemptions available for home buyers in NSW. As of July 2023, the NSW government offers a range of concessions that could save you a significant amount of money.

Lastly, consider the value of a solicitor in your property journey. A solicitor can provide invaluable advice, handle the necessary paperwork, and ensure a smooth and efficient conveyancing process. While it may seem like an additional expense, the value they provide in ensuring a secure and legally sound purchase is immeasurable.

At Kent Law Group, we pride ourselves on our commitment to our clients. We are not just your solicitors, but your strategists, your professional support, and your sounding board. We are with you every step of the way, providing our utmost support and dedication to ensure you get the best value for your money.

Remember, purchasing a property is not just a transaction, but a life-changing decision. Let us be your trusted partner in this journey, providing expert advice and legal solutions tailored to your needs. Contact us today to learn more about how we can assist you in your property purchase on the NSW Central Coast.

Please see the steps that are most common in a conveyancing transaction:

1. Engage a Conveyancer or Solicitor Early: It’s important to engage a conveyancer or solicitor early in the process. They can help you understand the legalities involved in buying a property, including reviewing the contract of sale, conducting property searches, and ensuring a smooth settlement process.

2. Understand the Costs: Be aware of all the costs involved in buying a property. This includes stamp duty, conveyancing fees, building and pest inspection costs, loan application fees, and mortgage insurance. Your conveyancer or solicitor can help you understand these costs.

3. Do Your Research: Research the property market in the area you’re interested in. Look at recent sales of similar properties to get an idea of what you might expect to pay.

4. Get a Building and Pest Inspection: This is crucial to identify any potential issues with the property that could cost you money in the future.

5. Understand the Contract: Make sure you fully understand the contract of sale before you sign it. Your conveyancer or solicitor can explain it to you and negotiate any changes you want to make.

6. Get Pre-Approval for Your Loan: This will give you a clear idea of how much you can afford to borrow and will make the buying process smoother.

7. Check the Title: Ensure there are no encumbrances or restrictions on the property title that could affect your use of the property.

8. Consider the Future: Think about your future needs and whether the property will still suit you in 5 or 10 years.

9. Value for Money: When choosing a solicitor or conveyancer, don’t just go for the cheapest option. Make sure they have a good reputation and can provide the services you need. Ask for a detailed quote so you can see what services are included in their fee.

10. Local Knowledge: A solicitor or conveyancer with local knowledge can be invaluable. They will be familiar with the local council rules and regulations, which can help avoid potential issues down the track.

Remember, buying a home is a big decision, and it’s important to take your time and make sure you’re making the right choice for your family’s needs and budget.

Paper Certificates of Title

Cancellation of paper certificates of title from October 11 2021.

With the move to electronic conveyancing continuing, paper Certificates of Title will be abolished on the 11th of October 2021 to make way for an electronic model.

The change to eCTs will not change your ownership of your property, and evidence of your ownership of a property will still be recorded on the Torrens Title Register (“the Register”). For many property owners, the transition to eCTs will have little noticeable effect for them.

After completion of the transition of all titles in NSW to electronic format, your title will become a virtual record in an electronic register called the Register and your printed CT will lose its legal validity. If you sell your property, it will be transferred to the new owner’s name via a process of electronic conveyancing on the PEXA platform (Property Exchange Australia), which is already widely used in Australia.

WHAT HAPPENS TO MY TITLE NOW IS PAPERLESS?

If you own your property but it is subject to a registered mortgage, that title will automatically become an electronic title (or paperless title) controlled by the mortgagee (the bank).

Effectively, the paper certificate of title will be cancelled, and “control” of the electronic certificate of title will be given to the registered first mortgagee bank. Instead of relying on a paper title in your hands for control it will be more or less controlled by whoever is registered as security holder electronically.

If you have any questions regarding these changes please contact our office on (02) 4323 1900.

Employment Law: COVID-19 & JobKeeper

The Australian government has introduced the JobKeeper program to mitigate the effects on the economy due to the COVID-19 pandemic.

The JobKeeper allows employers to retain its workforce and employees by paying an amount of $1,500 per fortnight before tax. The employees retain their employment relationship with the employer and the payments are made through the ATO and the employer rather than Centrelink.

An employer needs to enrol in the program, and both the employer and the employees have to be eligible according to the criteria specified by the government.

Superannuation wil continue to be paid for the employee, however legislation is still being formulated in this space.

If you are an employer or employee with questions about the legislation that has been passed recently, please contact Ivan Kent of our office to obtain clear and pragmatic advice in this new environment.

Employment Law – Transferring employment, redundancy and unfair dismissal

Many businesses across Australia are bought and sold every year, and it is common for existing employees to continue working in the same role after the sale. There are several legal considerations to be aware of, for both employers and employees, when a change in ownership occurs. This also holds true in respect of many of the ordinary dealings of business, including outsourcing, that lead to a shift in businesses’ operational requirements. The obligations of past employers and new employers can shift depending on the relationship between the entities, and this can affect employee entitlements and service recognition.
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Limitation Act, Contracts Review Act and Historical Sexual Abuse

CASE WATCH
Magann v Trustees of the Roman Catholic Church of the Diocese of Parramatta [2019] NSWSC 1453

This case involves the recent decision on 28th October 2019 relating to a historical sexual assault that occurred in the 1980s. The case was initially found to be statute barred through the Limitation Act 1969 (NSW) which had prevented Mr Magann, the plaintiff, from making his claim in court. Following the Royal Commission Report, however, the Limitation Amendment (Child Abuse) Act 2016 (NSW) amended the Limitation Act and from 17 March 2016 limitation periods for child abuse actions were removed.
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How Does The Australian Consumer Law Affect Your Online Business?

The way we shop, consume and find new products has been drastically re-invented by the internet. E-Commerce has increasingly become a powerful tool for Australians to shop from the comfort of their own homes, but also has provided opportunities for entrepreneurs to conduct their business online. Conducting business online comes with many obligations that are crucial to be aware of in order to prevent deviations from the Australian Consumer Law.

Australian Consumer Law (ACL)

The ACL applies to both brick and mortar stores and online businesses equally and applies to any Australian business that sells goods and services. One of the ACL’s main purposes is to ensure that when you buy a product or service, it will work.
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Family Law: Contributions and Insurance Payouts

Case Watch

Falcken & Weule [2019] FamCAFC 140 (16 August 2019)
Did the primary judge err in concluding that the property interests be divided 53 per cent to 47 per cent in favour of the wife?
Case overview: This case involves the Court’s reasoning in the division of property when the pool of assets includes a disability insurance payment. The Court decided to not alter the finding of the primary judge in the division of 53% to 47% in favour of the wife.
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Who should be the Executor?

Case Watch: October 2019

Callaway v Callaway; The Estate of Aileen Margaret Callaway [2019] NSWSC 1275
CIVIL PROCEDURE – Probate and administration of estates
Case overview: This case involves the difficulty of navigating a strained relationship between two brothers over the probate of their late mother’s estate. Each party sought differing outcomes 1) the granting of probate to one of the brothers as their eldest brother had died and therefore the probate is passed over, or 2) the appointment of an independent administrator.
This case highlighted the primary concern of the Court is to ensure the estate will be efficiently and properly administered according to the terms of the will: Mavrideros v Mack (1998) 45 NSWLR 80 (at [107] and [108]); (1988) NSWCA 286.

Elder Abuse and Wills

Elder Abuse and Wills

It is an unfortunate reality that elder abuse occurs in Australia. The NSW Department of Family and Community Services has defined elder abuse as including financial abuse, where an elderly person’s assets are improperly used.

Granny Flat Agreements

A granny flat arrangement can be a useful and convenient arrangement to enable an elderly parent or relative to live closer to the rest of the family, but also accommodate privacy and security.

Central Coast Law Society donates to help women

The Central Coast Law Society has donated $4,000 to Rondeley, a Domestic Violence Program based on the Central Coast. Rondeley assists women by providing crisis accommodation and finding long-term housing for women and children escaping domestic violence.

New landmark case – Is a sperm donor a legal parent?

A recent decision by the High Court of Australia has determined that a man who donated his sperm to a friend is indeed a legal parent of the child.

The question “Who is a parent?” is one that has never been easily answered in Australia. Is it about biology? Is it about who the child views as their parent? Is it about who is involved in the child’s life? Is it about what the intention is at the time of conception?

Driver fined for passenger’s use of Facetime

A Sydney woman’s Facebook post has gone viral, after she was fined $337 because her passenger was using Facetime whilst she was driving. In her Facebook post, the driver writes:

“Tell your passengers to stay off their phones while you are driving, I got fined because my passenger was on FaceTime.”

Self-Represented Parties and Family Law Proceedings – Kent Law Group

In Court proceedings generally, parties do not have to have a lawyer and are entitled to represent themselves or ‘self-represent’. This can become a problem when it comes to a Trial and the parties need to be cross-examined, especially in circumstances where there is a history of the self-represented party perpetrating family violence upon the other.

Property Settlements – How are they worked out?

Separating from your spouse or partner is a very difficult time at best, it is made even more complicated when there is an ‘asset pool’ to be divided between you both. Ideally, you will be able to agree on the values of the assets and how they should be divided between you so that it is fair on your both.

Unfortunately, this isn’t always the case, sometimes your ex may just be plain difficult to deal with, or sometimes they really believe that you are the one being unreasonable. Whatever the reason, it isn’t an easy process to go through.

What is Probate and why do I need to get it?

When you die and leave a Will, it is important that your Executor (the person you appoint in your Will to carry out your wishes and distribute your Estate) ascertains whether or not your Estate requires Probate.

Do you need a family lawyer?

Do you require advice or representation in your family law matter? Our Solicitor, Laura Burge, specialises in family law matters and can assist you in reaching an agreement with your former spouse or representation in Family Court proceedings.

Expert Evidence

Often evidence is given by experts in family law proceedings. These experts can include, psychologists who can give evidence in relation to circumstances of adults and children in parenting matters, and registered valuers, who can be called upon to give an expert opinion as to the value of property or other items.

Property Settlements when Separating

If you are going through a separation or divorce, it is important to have an understanding of how the assets and liabilities of the relationship are divided between the parties. At Brennan Tipple Partners, we like to use a four step process:

Community Service Orders

A Community Service Order “CSO” can be made by the Court under the Crimes (Sentencing Procedure) Act as an alternative to full time imprisonment. A CSO requires the offender to complete a certain number of hours of community service work and can only be imposed for an offence which can be punishable by imprisonment.

Habitual Traffic Offenders

What is an Habitual Traffic Offender?

The Court may declare you as an Habitual Traffic Offender if you have been convicted in a NSW Court of three “relevant offences” in the past five years. The offences need to have been committed on different occasions.If you have been declared a Habitual Traffic Offender, the RMS will disqualify you from driving for a further five years in addition to any time the Court has disqualified you from driving.

Relocation

If you want to relocate with your child, you can make an application to the Federal Circuit Court of Australia or Family Court of Australia asking that the Court make orders allowing you to relocate with your child. The application can be made before you relocate, or after the other parent has relocated with your child if you did not consent or were not aware of the relocation.

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