Frequently Asked Questions

Phone: (02) 8677 3251

Email: info@gslawgroup.com.au

G&S Law Group solicitors / lawyers are experienced in assisting clients recover Debtors who refuse to pay, unpaid Tax Invoices / outstanding Loans. If you have a Debtor who has an unpaid account / unpaid invoice, call GS Law Group to help you commence recovery of the unpaid Tax invoice or account. Here are just some of the ways GS Law Group can help:

1. Filing Proceedings / Statement of Claim with the relevant Court.
2. Disputing a debt. i.e. Sending a letter of demand on your behalf.
3. Negotiating a payment arrangement on your behalf.
4. Counter-claim or applying to pay by instalments.
5. Running your claim, or defending it, in court.

GS Law Group Solicitors / Lawyers can assist in finding the most cost-effective method of recovery for your unpaid debtors who refuse to pay.

G&S law Group have assisted many clients with Debtors who refuse to pay, unpaid Tax Invoices / outstanding Loans and successfully negotiated settlement of the amounts owed.

If you have tried to contact / email the debtor regarding the unpaid account / unpaid invoice with no success, call a Lawyer / solicitor at GS Law Group, to assist the debtor recovery process of the unpaid debt, what course of action you should take, based on the estimated cost and your likelihood of being paid back.

To further understand the debt collection process, which includes the recovery of Debtors who refuse to pay, unpaid Tax Invoices / outstanding Loans, contact GS Law Group today.

In the unfortunate event of a loved one passing away, can be a very emotional and daunting time. Particularly when a spouse passes away and the surviving spouse needs to administer the assets of the marriage or there loved one, following there passing is referred to as “the Estate”.

Is there a Will

In circumstances where the deceased has not left a Will, the next of kin, which is determined by the Succession Act 2006 (NSW) will need to apply to the Supreme Court of NSW for letters of administration, on behalf of the Estate, other circumstances include:

1. Where there is no Will then letters of administration may be required for the Deceased persons Estate, or
2. If there is a Will but there is no executor named in the Will and you may be a beneficiary, then letters of administration may be required for the Deceased persons Estate; or
3. Executor of the Estate in the Will is unable or unwilling to act, letters of administration may be required for the Deceased persons Estate.

Before one can apply for letters of administration, you must provide evidence that reasonable inquiries have been made to locate a Will. This would include former solicitors, NSW trustee and Guardian or other local solicitors.

Importance of Will

It is always recommenced that one prepares for the unexpected, by preparing a Will for your Estate. The Will ensures that Estate assets are distributed in accordance with your wishes, in the event of your passing.

It can sometimes be difficult for partners and children of the Deceased to make decisions as to how the Deceased person would want there Estate assets distributed amongst beneficiaries, usually causing problems for family members of the Deceased person. This can subsequently become a costly exercise in the Supreme Court of NSW for family members disputing the Estate assets.

Therefore, in order to avoid such situations, it is recommend that a Will is drafted for you and/or your spouse, making specific provisions and exclusions for Estate assets, beneficiaries, and distribution to family members.

Wills and Estate Checklist

When a loved one does pass, some of the legal matters you will need to turn your mind to, some of which your solicitor may assist you with, include:-

1. Request a certificate of death from hospital
2. Locate the will (look for any funeral requests)
3. The Estate’s Financial Position
4. The estate assets and liabilities
5. Review the will and notify beneficiaries
6. Determine whether probate or letters of administration (check with your solicitor)
7. Apply for Probate or Letters of Administration (normally undertaken by your solicitor)
8. The Executor or Trustee will not gain control of assets without producing the grant of probate or letters of administration.
9. There is a time limitation for obtaining grants Probate or Letters of Administration, so it is important to consult with your lawyer in a timely manner.
10. Other matters that will need to be attended to on behalf of the deceased include Notify Authorities, property is insured,
11. Notify the Employer, Centrelink, Medicare, Passport office to name a few.
12. Cancel credit cards, drivers’ licence, phone, internet, subscriptions, social media accounts, health care and concession cards, to name a few.

The information contained on this article is general in nature and does not constitute specific legal advice. Consult your solicitor for specific advice on your situation.

The Article is written by Anthony Sukkar, solicitor of G&S Law Group, who has been practicing law since 2005.

Easements to Drain Water, Development Consent Conditions and Neighbour Consent

What is an easement?

An easement is an interest registered on title that gives a landowner who does not own the property, or a statutory authority (such as local council), a right to use the land for a specific purpose.

Development Consent – Easement Condition

Normally when a property slopes away from the Street, Council can sometimes require a stormwater easement over your neighbour’s property as part of a proposed development. Council will normally approve the development application and make it a condition of the consent to obtain a stormwater easement, also known as a “Deferred Commencement” Condition. Please refer to section 4.16(3) of Environmental Planning and Assessment Act 1979

The “Deferred Commencement” Condition means the consent is not to operate until you have satisfied Council that you have obtained the easement. These are typical for construction of Dual Occupancy (Duplex), Townhouse / Villa and Apartment developments.

Burdened Owners Consent

Section 88K of the Conveyancing Act 1919, provides the Supreme Court of New South Wales authority imposing an easement if the easement is reasonably necessary for the effective use or development of land.

In some circumstances the Land and Environment Court, may have standing to seek orders for the imposition of the easement pursuant to section 40 of the Land and Environment Court Act 1979.

Reasonable attempts to obtain the Easement

Before proceedings can be commenced you need to make reasonable attempts to obtain the easement by agreement with your neighbour before making an application to the Court. Those attempts will generally include an offer for the payment of any compensation arising from the grant of the easement.

Deemed Refusal

If a development application is not determined within 42 days by Council, you may have legal standing to commence an appeal in the Land and Environment Court.

Section 8.11 of the Environmental Planning and Assessment Act 1979, provides that if Council does not determine a development application within 42 days, the development application is taken to have been refused by Council.

Appeal to the Land and Environment Court

An appeal in the Land and Environment Court in connection with a development application that was ‘deemed refused’, can still be approved during the course of the appeal under section 8.11(2) of the Environmental Planning and Assessment Act 1979.

If Council approve your development application and you are satisfied with the determination, you may then decide to seek to discontinue the appeal.

For further information, please do not hesitate to contact G&S Law Group Solicitors/Lawyers for a consultation.

Powers of Attorney, Appointment of Enduring Guardian, and Advance Care Planning – New South Wales

Overview

Until 2003 powers of attorney were made under the Conveyancing Act 1919 and were utilised to cover all decisions relating to both financial and health or lifestyle matters made on a donor’s behalf. With the passing of the Powers of Attorney Act 2003 (the Act) and amendment of the Guardianship Act 1987, matters of money are now covered by the powers of attorney legislation and matters of health and lifestyle by the guardianship legislation.

Powers already in existence

Powers of attorney previously prepared under the Conveyancing Act 1919 are still effective for the purposes for which they were drawn: s 6 Powers of Attorney Act 2003.

Recognition of interstate power – Powers of attorney

A power of attorney is an instrument of common law. Accordingly, a power of attorney is effective in NSW even if made in another state or territory. However, because powers of attorney cease to be effective at common law if the principal loses capacity, the creation of an enduring power of attorney requires legislative authority in the state it is to be used. If you need to prepare a Enduring Power of Attorney or Enduring Guardianship, then contact G&S Law Group.

Guardianship instruments

The Guardianship Act 1987 provides that an appointment of enduring guardian made in another state or territory is recognised in NSW but only the extent that the law of the other state permits powers to be conferred.

If you need to assistance in Estate Planning, including your Will. Enduring Power of Attorney and Enduring Guardianship, then contact G&S Law Group.