At Sydney Legal Partners, we provide a complimentary 15-minute telephone consultation with a member of our team. During this call, we will assess your situation and determine how we can best assist you, as well as provide an estimate of the potential costs involved.

Yes, we offer appointments in-person, by phone, or via video meeting, depending on your preference. Please note that in-person meetings require prior scheduling with your lawyer.

Solicitors are typically your first point of contact when facing a legal issue. They provide valuable advice, handle legal documentation, and assist in exploring your options while guiding you through the entire process. Should your matter proceed to court, a solicitor will prepare all necessary documents.

While solicitors can represent you in court, if your case is complex, they may recommend engaging a barrister. A barrister is a specialist advocate who will present your case to the court in the most compelling and effective manner possible.

Engaging a commercial lawyer can provide invaluable support in safeguarding your business against costly and time-consuming legal issues down the road.

Our team can help with the structuring and review of key agreements, such as employment contracts, leases, business and property sales, and client contracts. By consulting a commercial lawyer, you ensure that every agreement is structured to protect your interests, with terms and conditions that are clear, legally binding, and enforceable.

Beyond prevention, commercial lawyers are also essential when legal challenges arise. Whether you're facing issues related to debt recovery, employment disputes, shareholder disagreements, or breaches of contract, we can guide you through the complexities and help resolve matters efficiently.

At Sydney Legal Partners, we are here to ensure your business remains protected, with tailored legal solutions to address both current needs and future concerns.

Before taking action, it is essential to determine whether the debtor has the funds to pay.

Pursuing legal action against a company that is insolvent or an individual who cannot meet their financial obligations is ineffective. If the debtor’s liabilities exceed their assets and income, they will be unable to service their debts.

Once we assess the likelihood of recovering the debt, we evaluate the strength of your legal position. This involves reviewing the documentation of your contractual terms and any other relevant agreements related to the goods or services provided to the debtor. With this thorough analysis and our expert advice, you will be in a stronger position to make an informed decision about pursuing debt recovery, carefully weighing the risks and potential rewards.

At Sydney Legal Partners, we guide you in determining which debt recovery actions are worth pursuing and which ones are better to let go.

At a conceptual level, both bankruptcy and insolvency refer to a situation where an individual or entity is unable to meet their financial obligations. However, the legal definitions of these terms differ across jurisdictions.

In Australia, bankruptcy refers to an individual’s inability to pay their debts as they become due. On the other hand, insolvency applies to companies or other corporate entities facing a similar financial inability.

The distinction between the two terms in Australia typically depends on the nature of the "person" involved:

• If the individual is a natural person, they are considered bankrupt.

• If the entity in question is a company or corporate body, it is deemed insolvent.

A Statutory Demand, issued under Section 459E of the Corporations Act, is a formal request for payment. It is important to note that this document is not issued by the Court. Failure to comply with a Statutory Demand—or to apply to the Court to have it set aside—can result in the company being deemed insolvent, which serves as grounds for initiating a Court application for the company’s winding up.

A Statutory Demand requires the debtor company to pay a specified amount within 21 days of receiving the demand.

If the debt is disputed, or if there are any discrepancies in the demand, the company should immediately seek independent legal advice. In such cases, the company can apply to the Court to have the Statutory Demand set aside, on the grounds that the debt is genuinely disputed. Importantly, this application must be made within 21 days from the date of receipt of the demand.

Insolvent trading is a criminal offence under Australian law. It occurs when a business knowingly incurs debts while aware that it will be unable to meet its financial obligations as they become due.

Given the gravity of insolvency, trading while insolvent is prohibited. If you suspect or are aware that your company may be trading insolvently, it is essential to consult with a qualified insolvency lawyer. If consolidating debt is not a feasible solution, voluntary liquidation may represent the most effective course of action for the business.

No, however, it must be registered in the General Registry of Deeds prior to the execution of any transactions involving land, such as a transfer.

In Australia, individuals aged 18 or older, as well as those under 18 who are married or contemplating marriage, have the legal right to make a will, provided they possess testamentary capacity. For those under 18 who are unmarried, making a will is possible with Court approval. This may be particularly relevant for young individuals who earn substantial income through careers in modelling, entertainment, sports, or commercial endorsements.

Additionally, the Court has the authority to grant permission for the creation of a will on behalf of someone who lacks testamentary capacity, as outlined in Part 2.2 of the Succession Act.

Under Australian Consumer Law, consumers are entitled to the following guarantees:

1. Acceptable Quality: Goods must be safe, durable, free from defects, and perform as expected, considering price and other factors.

2. Fitness for Purpose: Goods must be fit for the specific purpose communicated by the consumer, even if not obvious to the seller.

3. Matching Description: Goods must match any description provided, whether written, verbal, or based on a sample/model.

4. Corresponding with Sample/Model: Goods must match the quality and characteristics of any sample or model provided.

5. Due Care and Skill (Services): Services must be delivered competently, with the appropriate level of skill and care.

6. Fitness for Purpose (Services): Services must be fit for the specific purpose communicated by the consumer.

7. Timeliness (Services): Services must be completed within a reasonable time frame unless otherwise agreed.

8. Ownership (Goods): The seller must have the right to sell the goods and the goods must be free of undisclosed security interests.

9. No Unacceptable Delays (Services): Services must be performed without unreasonable delays.

Under the Home Building Act 1989 (NSW), claims for defects must be made within the following timeframes:

1. Major Defects: Must be claimed within 6 years from completion. Major defects are structural or affect health and safety.

2. Minor Defects: Must be claimed within 2 years from completion. Minor defects are less serious and don't impact safety.

A defect liability period (usually 12 months) may also apply in some contracts, during which the builder is responsible for fixing defects at no cost.

In the NSW Civil and Administrative Tribunal (NCAT), the general rule is that each party is responsible for their own legal costs, regardless of the outcome. However, special circumstances may allow for the awarding of costs, such as:

1. Unreasonable Conduct: If a party engages in frivolous or vexatious behaviour, costs may be awarded against them.

2. Special Circumstances: In some cases, NCAT may decide to award costs due to the complexity of the matter or if a party's conduct is deemed unreasonable.

3. Filing and Expert Costs: While legal costs are typically not awarded, NCAT may order the payment of certain costs, such as filing fees or expert witness fees, depending on the case’s specifics.

In general, unless there are special circumstances, recovering your legal costs in NCAT is unlikely.

The Security of Payment Act provides a streamlined process for contractors, subcontractors, and suppliers in the construction industry to secure timely payment for work completed. Here’s how it works:

1. Payment Claim

• A party seeking payment (claimant) issues a payment claim to the party they are contracted with (respondent). This claim must be made in writing and include details of the work completed or materials supplied.

2. Response to the Claim

• The respondent has 10 business days to respond to the payment claim with a payment schedule. The schedule must state the amount they propose to pay and the reasons for any differences between the claimed and scheduled amounts.

3. Adjudication (If Disputed)

• If the respondent either does not provide a payment schedule or disputes the claim, the claimant can apply for adjudication. An independent adjudicator is appointed to review the claim, payment schedule, and any supporting documents.

• The adjudicator issues a decision within 10 business days.

4. Enforcement of the Decision

• If the adjudicator rules in favour of the claimant, the respondent must pay the specified amount. If payment is not made within 5 business days after the decision, the claimant can enforce the adjudicator's decision in court.

5. Timeframes

• The Act sets strict time limits at each stage (payment claim, response, adjudication) to ensure a swift resolution, usually within a few weeks.

Key Benefits:

• Faster Payments: Reduces delays in payment and improves cash flow for contractors and suppliers.

• Minimal Legal Process: Provides an efficient and cost-effective alternative to court proceedings.

• Security for Payment: Guarantees a legal pathway to recover payment for completed work.

The Security of Payment Act is designed to ensure that businesses in the construction industry are paid fairly and promptly for their services, even when disputes arise.

However, please note that in order to rely on the provisions of the legislation in New South Wales, the Act must be endorsed in the payment claim.

A cooling-off period gives property purchasers the right to cancel a contract within 5 working days after signing. This provides protection for buyers who may have acted impulsively and offers time to arrange finances, building and pest inspections or conduct title searches. If the purchaser decides to cancel (or rescind) the agreement, a fee of 0.25% of the total purchase price applies.

However, the cooling-off period does not apply in all situations, such as when the property is purchased at auction. Additionally, it can be waived if a 66W certificate is signed by a qualified solicitor, who has explained the implications of waiving this right to the client.