Practice Areas
Why You Need the Top Lawyers
G & S Law Group is your new and vibrant legal team in Parramatta who have a commitment to proving great service to all clients. We have an experienced team of lawyers who offer premium legal services at cost-effective rates. G & S is a dynamic and progressive small firm who prides itself on excellence in client service. With a track record of success, our lawyers take the time needed to fully understand your legal problems, provide professional advice and efficient service to ensure we get the best Results.
Our solicitor work hands on to ensure that you actually have a lawyer working on your file and a lawyer who takes your calls. Our prices are competitive and we always take steps to ensure that you are always charged fairly. As a newly incorporated practice, our firm works harder than establish firms to build new and long lasting client relationships and prove to our clients that we are fully committed to being their long term legal team.
To learn more about your new legal team, please contact us to arrange a meeting.
Legal Practice Areas
Building and Construction law
Family law (Divorce, property settlements and children)
Litigation
Strata law
Debt Collection
Commercial law (Buying and selling a business, leasing, franchising etc)
Property (Buying and selling property)
BUILDING AND CONSTRUCTION LAW
Building and construction disputes
Construction Law is becoming more and more complex in NSW and for this reason it is important that you have a Lawyer / Solicitor with experience on your team.
Some common disputes in Building and Construction matters include:-
- Defects and delay in the Construction Process
- Disputes as to Contract and Variation
- Valid Termination of a Contract
- Non-Payment by the Principal Contract or Builder
G&S law Group have Lawyer / Solicitors with experience in Building and Construction matters in NCAT, Local Court, District Court and Supreme Court matters. Contact G&S Law Group today to assist you with your Building and Construction matter today.
See one of our Building and Construction Case wins for our client in the District Court of NSW, link below:
Payment disputes
In the building and construction industry there are payment requirements, set out in the Building and Construction Industry Security of Payment Act 1999 (the Act), that Builders, contractors and suppliers must follow.
All contractors doing construction work or providing goods or services as part of construction work under a construction contract, have the right to receive progress payments for work delivered.
G&S Law Group can assist you with making a payment claim or preparing a payment schedule. Contact G&S Law Group today to discuss.
Building Contracts
Contracts can often be complicated and large documents comprising many sections and parts, it is important that to contact a Lawyer / Solicitor who can review the document and provide expert advice.
The building contract will contain a number of important matters including the Building and Construction works to be completed the cost, Time frame, rights, liabilities, duties and responsibilities of each party, Payment, to name a few.
GS Law Group can determine whether your contract is fair, lawful and unreasonable.
See Fair Trading link for basic information on Building Contracts:
FAMILY LAW
Property Settlements
In the unfortunate event of separation between married couples the common dispute is how to divide the matrimonial assets (property) and debts. There are various ways this can be done:
- Agreement on how your property should be divided without any court involvement
- if you cannot reach an agreement, applying to the Family Court or Federal Circuit Court for financial orders, including:
- orders relating to the division of property; and
- payment of spouse or de facto partner maintenance.
The division of assets and debts is set out in the Family Law Act 1975, which provides what the Court considers when deciding financial disputes after the breakdown of a marriage. There is no formula used to divide your property. The decision of the Court is made after a consideration of all evidence and what is just and equitable based on the facts and circumstances of your case.
Some of the considerations the Family Court or Federal Circuit Court will take into account, include:
- Your assets and debts and what they are worth;
- Direct financial contributions by each party to the marriage;
- Wage and salary earnings;
- indirect financial contributions i.e. gifts and inheritances from families;
- non-financial contributions to the marriage i.e. caring for children and homemaking, and future requirements (age, health, financial resources, care of children and ability to earn).
Your property and financial settlement will probably be different from others you may have heard about.
Superannuation
In Family law matters, the superannuation splitting law treats superannuation as a different type of property. It allows separating couples value their superannuation and split superannuation payments, although this is not mandatory. NB: Superannuation is still subject to superannuation laws.
To split your Super with your former spouse or partner, you will need to apply for property and financial orders.
Time limitation Property and Financial Settlements
For married couples, applications for property adjustment must be made within 12 months of your divorce becoming final.
If you were in a de facto relationship, your applications for property adjustment must be made within 2 years of the breakdown of your de facto relationship.
If you do not apply within these time limits, you will need special permission of a court. This is not always granted. Contact G&S Law Group to discuss your property or financial dispute today.
Divorce
If you have separated from your husband/wife and wish to divorce them then you first need to ascertain the following:
- Have you been separated for a period of twelve (12) months or more (this may be so, even if you have been living under the same roof);
- Have you been married for more than two (2) years? (If not, there are some additional requirements that we will need to discuss with you)
- If you have children under the age of eighteen (18) years, you will need to be able to show that satisfactory arrangements have been made for them
The next step you need to take is contact our office to make an appointment, so that we can finalise your divorce application for you.
Child custody and child support
The most important considerations when making orders about your children are:
- Allowing for your children to continue to have a loving and meaningful relationship with both their parents and other family members
- Parents sharing responsibility for their children
- A safe environment, with no violence or abuse
When making arrangements for your children, you will need to consider, their age, establishing a regular routine, notice if you wish to change the routine, whether it is reasonably practical for your child to spend equal time with each parent, to name a few.
G&S Law Group can assist you put a formal agreement into place regarding the future of your child.
WILLS AND ESTATES
Challenging Wills & Family Provision Claims
A Will can be challenged on the grounds that it is not valid. The person contesting an invalid Will would have to show that:
- it was not the last Will (you had made another one at a later date)
- the document was not properly executed and witnessed
- The deceased did not have mental capacity at the time of making the Will (which is why it is important to make a Will while you are still well and there is no question about your mental capacity)
- it was changed after it was originally signed, or
- you were forced or pressured (rather than just encouraged) into making the Will.
Certain categories of people (mostly family) can also contest a Will within 12 months of your death if they believe they weren’t properly provided for in the Will. This is called a ‘family provision claim’. Having your Will made by a solicitor can lessen the chances of this happening.
Estates & Probate
What to do with a deceased persons Estate will often depend on a number of factors including whether or not the not the deceased had a will.
Is there a will?
If you are an executor in the deceased’s will, you have certain duties to protect the estate. The most important duties of the executor include:
- taking control of the assets owned by the deceased;
- identifying debts owed to and by the estate;
- applying for a grant of probate at the Supreme Court of New South Wales;
- paying the debts of the deceased; and
- distributing the estate to the beneficiaries according to the will after obtaining a grant of probate.
There is no will?
If you are a next of kin, relative or close friend of the deceased, you may apply to the Supreme Court of NSW for letters of administration to distribute the deceased’s estate where:
- there is no will, or
- there is a will but there is no executor named in the will, or
- the executor in the will is unable or unwilling to act.
Probate & Letters of Administration
Contact G&S Law Group today to find out if you need to apply for a Grant of Probate or letters of administration with the Supreme Court of NSW, as there are certain circumstances where these applications will not be required, which can help save a great deal of expense.
INSURANCE LITIGATION
Death Benefits & Total Permanent Disability Claims (TPD Claims)
Your Superannuation fund will generally have insurance cover for death or disability benefit. If you have been or are injured, you need to check whether you or a loved one are covered for death or disability benefit.
People who pursue a claim for compensation or damages following an accident, also have rights to a death or disability benefit under their compulsory superannuation fund scheme. You are allowed to claim separately from your compensation case, as your rights under the compulsory superannuation fund scheme are rights you have paid for with a premium deducted from your superannuation fund scheme for the death or disability benefit.
G&S Law Group solicitors / lawyers can help you make a death or disability benefit with your compulsory superannuation fund scheme and get you the compensation you deserve.
If you are injured or suffer illness to such an extent that you cannot return to work, call G&S Law Group solicitors / lawyers to find out if you are able to make a Total Permanent Disability claim (TPD claim) under your superannuation fund scheme. A Total Permanent Disability claim (TPD claim) is a lump sum payment by your superannuation fund scheme which can be used to help support yourself to provide future income in the event that you can no longer work.
If you believe you are eligible for a Total Permanent Disability claim (TPD claim) under your superannuation fund scheme, or need advice about pursuing a Total Permanent Disability claim (TPD claim) that has been refused, call G&S Law Group solicitors / lawyers to help. G&S Law Group solicitors / lawyers will assist you to get the compensation and financial support you are entitled under your superannuation fund scheme.
Professional indemnity losses and claims
If you have a refused insurance claim G&S Law Group solicitors / lawyers can help you get the payout and claim you deserve from your Professional indemnity insurance provider (this can include Home & Contents Insurance, Total and Permanently Disabled (TPD) Insurance, Death Benefits Insurance, Business Insurance, Motor Vehicle Insurance, Travel Insurance, Sickness and Accident Insurance, Trauma Insurance, Income Protection & Superannuation).
When you take out an Professional indemnity insurance policy, you expect to be covered in the event that you suffer a loss or injury to yourself or a family member, damage to your property, or become ill with a serious illness. G&S Law Group solicitors / lawyers have found situations may arise in which your Professional indemnity insurance company refuses to pay your claim.
You may have a legal case to take action against Professional indemnity insurance provider, if your Professional indemnity insurance provider is refusing to pay out your insurance claim, G&S Law Group solicitors / lawyers have experience advising and assisting those who wish to take further legal action in cases where they believe they have wrongly been denied the money they deserve from their Professional indemnity insurance provider.
G&S Law Group solicitors / lawyers have helped clients claim for Home & Contents Insurance, Total and Permanently Disabled (TPD) Insurance, Death Benefits Insurance, Business Insurance, Motor Vehicle Insurance, Travel Insurance, Sickness and Accident Insurance, Trauma Insurance, Income Protection & Superannuation.
If you believe you have Professional indemnity insurance claim, call G&S Law Group solicitors / lawyers and seek legal advice as soon as possible to get the money you deserve from your Professional indemnity insurance provider.
Costs Order for builder and developer against Strata Plan (Owners Corporation)
In the recent decision by the NCAT Appeal Panel in Bright Build Pty Limited v The Owners – Strata Plan No 94514 – NSW Caselaw [2021] NSWCATAP 163, G&S Law Group successfully obtained an Indemnity Costs Order on behalf of a Builder and Developer against an Owners Corporation.
Background
G&S Law Group recently acted for a Builder and Developer of a Residential Apartment building in Burwood, NSW, for a defects claim commenced by the Owners Corporation of the building, in the NCAT building division, before Senior Member, G Meadows. The Owners were represented by Bannerman Lawyers.
Whilst the matter was in its preliminary stages, G&S Law Group having considered the matter commercially, advised the builder and developer of the residential apartment building to agree to rectify the defects for the Owners, on the basis that the legal costs to be incurred would be the same amount of the cost of rectification.
G&S Law Group on behalf of the Developer and Builder, made an Offer of Compromise to the Owners Corporation, to rectify all defects for the Owners, which was rejected by their representatives Bannerman Lawyers.
The basis for the Offer being rejected by the Owners Corporation was that a Deed of settlement needed to be entered into by the parties. The Deed provided for a wish list of items in relation to the alleged defects to be rectified by the Developer and Builder and included a new Homeowners Warranty Policy to be provided, a monetary bond to be paid, among other things.
Further, the Owners Corporation was of the opinion that the cost of the remediation would exceed the NCAT Tribunal’s jurisdictional monetary limit of $500,000, and needed to be transferred to the Supreme Court of NSW.
NCAT Decision by Senior Member, G Meadows
Whilst G&S Law Group successfully managed to challenge and overturn a vast number of the defects claimed by the Owners Corporation, NCAT at first instance determined that the Developer and Builder should pay the costs of the Owners Corporation.
NCAT Appeal Panel
G&S Law Group, on behalf of the Developer and Builder lodged an appeal to the NCAT Appeal Panel. The NCAT Appeal Panel comprised Senior Member, G K Burton SC & Senior Member, A R Boxall.
Amongst other reasons it was found that Senior Member, G Meadows in his original decision had erred in finding that the Owners Corporation was entitled to continue to “push for a settlement which contained unreasonable terms for the rectification of the building defect items”.
NCAT Appeal Panel Decision:
- Leave to appeal the Original NCAT decision was granted.
- The Appeal by the Developer and Builder was allowed.
- The Owners Corporation to pay the Developer and Builder costs of the proceedings on the indemnity basis as agreed or assessed, from the date of the Calderbank Offer.
To ensure you have a commercially, results driven legal team for you building and construction litigation matter, contact G&S Law Group.
For the Full decision, see link below:-
Bright Build Pty Limited v The Owners – Strata Plan No 94514 – NSW Caselaw
BUSINESS LAW
Our firm has extensive experience in the following areas:
- Purchasing and/or sale of your business;
- Commercial Leasing;
- Retail Leasing;
- Assignment of Lease; and
- Franchise agreements.
Should you require our assistance in relation to the above or any other business type issues or transaction, then contact our office now for an obligation free consultation.
COMMERCIAL LITIGATION
Our solicitors have combined over 10 years’ experience in all areas of commercial litigation in the local, district Supreme and high Court of Australia. We also have experience in the Federal magistrates Court and Federal Court of Australia. Commercial Litigation involves a range of complex area such as, corporate disputes, insolvency / bankruptcy, breach of the corporation law and other areas. Commercial litigation can be a long and drawn out process and most firms are focused on maximising their fees earned rather than getting you the best result. With experience in alternative dispute resolution and a focus on the best results, our firm will focuses on the best resolution for you.
If you have a commercial litigation issue contact our staff and we can arrange to give you fast advice on a plan of attack to resolve your matter.
DEBT COLLECTION
If you are having problems collecting your accounts receivable, or are simply owed money by someone, then you have come to the right place. Debt collection can generally be broken down into three stages; we have provided an overview, as follows:
Stage 1 – Putting the debtor on notice
Our Firm is highly experienced in collecting outstanding debts for clients and are often able to do so by demanding payment and negotiating on your behalf with the debtor.
If you have a number of accounts that are still outstanding accounts, then please enquire about our Corporate Debt Collection offer.
Stage 2 – Legal Proceedings
If legal proceedings become necessary it is essential that you retain our Firm, as we are capable of having your matter expedited, in an efficient and effective manner.
The law has become quite complex, with different rules for each Court, and even different divisions within those Courts. At our Firm, you rest assured that all your legal issues will be dealt with in the appropriate course, so that there are no legal ramifications for you or your business.
Stage 3 – Enforcement
Generally these matters are not defended by debtors because the debt is conceded, if so we will endeavor to obtain judgment in your favour, against the debtor. The most important step then becomes enforcement of that judgment.
With our extensive experience in enforcement, we will be able to quickly and efficiently identify the most appropriate enforcement method(s). Our Firm has a proven ability to move swiftly, so that the debtor is not given the opportunity to dispose of assets and avoid their liability to you!
To make an inquiry about our debt collection services, call our office to speak to a qualified lawyer now.