{"id":1337,"date":"2025-03-28T05:41:51","date_gmt":"2025-03-28T05:41:51","guid":{"rendered":"https:\/\/www.gnslaw.com.au\/?page_id=1337"},"modified":"2025-07-18T07:20:06","modified_gmt":"2025-07-18T07:20:06","slug":"faq","status":"publish","type":"page","link":"https:\/\/www.gnslaw.com.au\/?page_id=1337","title":{"rendered":"FAQ"},"content":{"rendered":"\t\t
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Frequently Asked Questions<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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A self managed superannuation fund (\u201cSMSF\u201d) is permitted to borrow funds to acquire an asset provided that the borrowing is structured as a limited recourse borrowing arrangement, through a Trustee or Custodian.<\/p>

Any Loan agreement between the SMSF and the Trustee\/Custodian must comply with the Superannuation Industry (Supervision) Act 1993 (\u201cthe SIS Act<\/strong>\u201d) in NSW, some key points include:<\/p>

Documentation <\/strong><\/p>

The loan agreement complies with the SIS Act and the company and\/or SMSF accountant maintain comprehensive documentation to demonstrate compliance with the SIS Act including the minutes of trustee meetings, and any advice received regarding the loan to the SMSF.<\/p>

Financial Assistance to SMSF Members<\/strong><\/p>

The loan must not be for the purpose of providing financial assistance to a member or a relative of a member of the SMSF, which is prohibited under the SIS Act.<\/p>

Related Party <\/strong><\/p>

If the loan involves a related party, it must comply with the in-house asset rules, which limit the level of investments in related parties.<\/p>

Legal and Financial Advice <\/strong><\/p>

The Directors of the SMSF should obtain legal and financial advice \u00a0before entering into any Loan Agreement.<\/p>

G&S law Group Sydney CBD Solicitors and Lawyers can advise you in relation to compliance with the SIS Act and ensure the loan agreement is drafted accordance with the SIS Act.<\/p>

For immediate assistance call us 02 8677 3251<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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\u00a0<\/p>

In NSW, there are various enforcement methods available to recover, a Court judgment. G&S Law Group Solicitors \/ lawyers can assist in some of the methods of enforcement, as follows:<\/p>

Writ for the Levy of Property<\/strong>:<\/p>

This involves seizing and selling the debtor’s property to satisfy the judgment debt, by the Sheriff.<\/p>

Garnishee Order<\/strong>:<\/p>

A garnishee order directs a third party (i.e. bank) to pay money owed to the debtor directly to you.<\/p>

Examination Order<\/strong>:<\/p>

Requires the debtor to provide information about their financial situation, assets and income, which will assist in effective enforcement.<\/p>

Charging Order<\/strong>:<\/p>

A charging order can be placed on the debtor’s property or shares, preventing them from selling or transferring the asset without settling the debt.<\/p>

Bankruptcy Proceedings<\/strong>:<\/p>

For debts $10,000 or more bankruptcy proceedings can be issued against the debtor.<\/p>

Statutory Demand<\/strong>:<\/p>

For corporate debtors, a statutory demand can be issued, requiring the debtor company to pay the debt within 21 days. Failure to comply can lead to winding up proceedings.<\/p>

Each enforcement method has its own procedures, costs, and implications, and the choice of method will depend on the debtor’s financial situation and the nature of their assets.<\/p>

GS Law Group solicitors \/ lawyers can advise the most appropriate enforcement action based on the specific circumstances of your case.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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G&S Law Group Solicitors\/lawyers have defended many clients with who have had AVO applications brought against them.<\/p>

The police will normally make an application for an AVO on behalf of a person in need of protection, if it is a domestic violence offence that is alleged to have been committed, or they believe a domestic violence offence has been committed.<\/p>

Many AVOs will be listed in the Local Court with a related relevant charge, for example, assault, assault occasioning actual bodily harm, or intimidation, which means an interim order is mandatory and cannot be opposed or avoided.<\/p>

A provisional order may be varied or revoked on application. If a child is a protected person under the order an application to vary or revoke may only be made by police. A provisional order becomes an interim order after the first court date and will remain in force until varied, revoked, or finalised by the court.<\/p>

The AVO\/Criminal charge may affect a Visa application, if you do not hold Australian citizenship and needs to be handled by experienced lawyers\/solicitors.<\/p>

If you have been charged by the NSW Police and need a solicitor \/ lawyer to defend you contact G&S Law Group today.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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\u00a0<\/p>

G&S Law Group Solicitors \/ Lawyers understand the importance of bail applications must be carefully prepared, to ensure a person\u2019s liberty and safety.<\/p>

Police bail<\/strong><\/p>

Bail is to be determined as soon as practicable after charges are laid. Normally determined by the custody manager of the police station.<\/p>

Show cause offences<\/strong><\/p>

There is a category of offences for which bail must be refused, unless the accused can show cause why their detention is not justified. A Show cause offence, generally involves violence, including sexual offences, serious domestic violence offences, coercive control, drug dealing, and firearms offences.<\/p>

Unacceptable risk test \u2013 Bail concerns<\/strong><\/p>

The court will assess, if released from custody, will the accused person appear at Court; commit a serious offence; endanger safety of victims or the community; or interfere with witnesses \/evidence.<\/p>

Bail application<\/strong><\/p>

G&S Law Group Solicitors \/ Lawyers understand important considerations for obtaining Bail, which may include community ties, reporting arrangements; surrender of passport; and bail guarantor and the detail of the security offered.<\/p>

The main consideration of the Court is the client will not pose any risk to the community, if released on bail. This can be achieved by way of appropriate conditions.<\/p>

If you need to make an application for Bail then contact G&S Law Group Solicitors \/ Lawyers today.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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If you are charged by NSW Police, you are given a Court Attendance Notice with respect to each charge and the \u2018Facts Sheet\u2019. The facts sheet is in fact an \u2018allegation sheet\u2019; it represents the police case at its highest. If you plead Guilty, then you agree to the facts as stated in the facts sheet.<\/p>

To determine if you have a defence or should be pleading Guilty, the first thing to do is review the facts and ascertain exactly what the prosecution has to prove against you and what chance they have of doing so.<\/p>

Intention and Act to commit the crime <\/strong><\/p>

For example larceny, the act would be to take and carry away the goods of another. The taking was with the intention of depriving the owner of the goods, with no claim or right to the goods.<\/p>

Strict liability and mistake of fact<\/strong><\/p>

Strict liability relates to an offence where the prosecution does not have to prove any intention. However, there is still an available defence of honest and reasonable mistake of fact. That is, that the person was honestly mistaken, on reasonable grounds, as to certain facts existing and had those facts existed, the conduct would not have constituted an offence.<\/p>

Immigration status<\/strong><\/p>

The implications for a client charged with a criminal offence who is in Australia on a visa include:<\/p>

  1. Conviction could result in the cancellation of their visa, or potential cancellation, both of which can result in immigration detention or deportation.<\/li>
  2. Visa status may impact eligibility for bail and parole.<\/li>
  3. If released on bail the client could be taken into immigration detention.<\/li>
  4. The risk of missing correspondence and deadlines for making submissions or reviewing decisions about their visa, resulting in it being cancelled, increases in the prison system.<\/li>
  5. Visa status may be considered by the court for sentencing.<\/li><\/ol><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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    Phone: (02) 8677 3251<\/p>

    Email: info@gslawgroup.com.au<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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    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:<\/p>

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

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

      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.<\/p>

      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.<\/p>

      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.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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      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 \u201cthe Estate\u201d.<\/p>

      Is there a Will<\/em><\/strong><\/p>

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

      1. Where there is no Will then letters of administration may be required for the Deceased persons Estate, or<\/li>
      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<\/li>
      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.<\/li><\/ol>

        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.<\/p>

        Importance of Will <\/em><\/strong><\/p>

        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.<\/p>

        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.<\/p>

        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.<\/p>

        Wills and Estate Checklist<\/em><\/strong><\/p>

        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:-<\/p>

        1. Request a certificate of death from hospital<\/li>
        2. Locate the will (look for any funeral requests)<\/li>
        3. The Estate\u2019s Financial Position<\/li>
        4. The estate assets and liabilities<\/li>
        5. Review the will and notify beneficiaries<\/li>
        6. Determine whether probate or letters of administration (check with your solicitor)<\/li>
        7. Apply for Probate or Letters of Administration (normally undertaken by your solicitor)<\/li>
        8. The Executor or Trustee will not gain control of assets without producing the grant of probate or letters of administration.<\/li>
        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.<\/li>
        10. Other matters that will need to be attended to on behalf of the deceased include Notify Authorities, property is insured,<\/li>
        11. Notify the Employer, Centrelink, Medicare, Passport office to name a few.<\/li>
        12. Cancel credit cards, drivers\u2019 licence, phone, internet, subscriptions, social media accounts, health care and concession cards, to name a few.<\/li><\/ol>

          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.<\/p>

          The Article is written by Anthony Sukkar, solicitor of G&S Law Group, who has been practicing law since 2005.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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          Easements to Drain Water, Development Consent Conditions and Neighbour Consent<\/u><\/strong><\/p>

          What is an easement?<\/strong><\/p>

          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.<\/p>

          Development Consent \u2013 Easement Condition<\/strong><\/p>

          Normally when a property slopes away from the Street, Council can sometimes require a stormwater easement over your neighbour\u2019s 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<\/em>” Condition. Please refer to section 4.16(3) of Environmental Planning and Assessment Act 1979<\/p>

          The “Deferred Commencement<\/em>” 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.<\/p>

          Burdened Owners Consent<\/strong><\/p>

          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.<\/p>

          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.<\/p>

          Reasonable attempts to obtain the Easement<\/strong><\/p>

          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.<\/p>

          Deemed Refusal<\/strong><\/p>

          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.<\/p>

          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.<\/p>

          Appeal to the Land and Environment Court<\/strong><\/p>

          An appeal in the Land and Environment Court in connection with a development application that was \u2018deemed refused\u2019, can still be approved during the course of the appeal under section 8.11(2) of the Environmental Planning and Assessment Act 1979.<\/p>

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

          For further information, please do not hesitate to contact G&S Law Group Solicitors\/Lawyers for a consultation.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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          \n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/path><\/svg><\/span>\n\t\t\t\t\t\t\t\t<\/path><\/svg><\/span>\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/span>\n\t\t\t\t\t\t\t\t\t\t\t\tWhat Is a Power of Attorney, Enduring Guardian, and Advance Care Planning?<\/a>\n\t\t\t\t\t<\/h6>\n\t\t\t\t\t

          Powers of Attorney, Appointment of Enduring Guardian, and Advance Care Planning – New South Wales<\/strong><\/p>

          Overview<\/strong><\/p>

          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.<\/p>

          Powers already in existence<\/strong><\/p>

          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.<\/p>

          Recognition of interstate power – Powers of attorney<\/strong><\/p>

          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.<\/p>

          Guardianship instruments<\/strong><\/p>

          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.<\/p>

          If you need to assistance in Estate Planning, including your Will. Enduring Power of Attorney and Enduring Guardianship, then contact G&S Law Group.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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          \n\t\t\t\t\t\tOur team of qualified solicitors provides expert legal guidance tailored to your needs. With extensive experience and a commitment to excellence, we ensure professional and reliable service for all your legal matters.\t\t\t\t\t<\/p>\n\t\t\t\t\n\t\t\t<\/div>\n\t\t\t\n\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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          Frequently Asked Questions Borrowing and Self Managed Superannuation Funds A self managed superannuation fund (\u201cSMSF\u201d) is permitted to borrow funds to acquire an asset provided that the borrowing is structured as a limited recourse borrowing arrangement, through a Trustee or Custodian. Any Loan agreement between the SMSF and the Trustee\/Custodian must comply with the Superannuation […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"site-sidebar-layout":"no-sidebar","site-content-layout":"page-builder","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"disabled","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"enabled","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"class_list":["post-1337","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.gnslaw.com.au\/index.php?rest_route=\/wp\/v2\/pages\/1337","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.gnslaw.com.au\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.gnslaw.com.au\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.gnslaw.com.au\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.gnslaw.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1337"}],"version-history":[{"count":54,"href":"https:\/\/www.gnslaw.com.au\/index.php?rest_route=\/wp\/v2\/pages\/1337\/revisions"}],"predecessor-version":[{"id":2086,"href":"https:\/\/www.gnslaw.com.au\/index.php?rest_route=\/wp\/v2\/pages\/1337\/revisions\/2086"}],"wp:attachment":[{"href":"https:\/\/www.gnslaw.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1337"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}