Cameron Legal

Commercial & Business

The staff at Cameron Legal has experience and expertise in a broad range of commercial matters. From establishing your business to advising on a range of business and commercial matters, we can assist you with all legal aspects so that you can focus on your business and its growth.

We advise regularly in the following areas:

• Business Structures & Trusts
• Partnership, Share holder & other Business Agreements
• Franchising
• Leasing
• Succession Planning & Implementation
• Personal Property Securities Register
• Employment Law

Conveyancing & Property

Conveyancing encompasses much more than just the sale and purchase of real estate. It includes all the legal work involved in all types of property transactions – from transfers of ownership to subdivisions and creation of easements and everything in between.

The team at Cameron Legal boast over 30 years experience in all types of conveyancing matters. We have the skill and knowledge to ensure that all of the intricacies of your matter are attended to efficiently and professionally.

Buying a property

Buying a property can be both an exciting and stressful experience. Whether it is your first home, an investment property, or a lifestyle change for retirement, the conveyancing staff at Cameron Legal can assist and advise on every aspect of your purchase.

Contract review and advice

Before you enter into a contract to buy a property it is essential that you have a legal professional review the contract for you. Everything that needs to be disclosed by the Vendor must be contained in the contract. Our solicitors can advise you and negotiate on your behalf to ensure that the contract is as favourable to you as possible.

Auctions

Before bidding for a property at auction you should obtain legal advice on the contract. This is essential because if you are successful you are unconditionally bound by the contract from the time of signing. There is no cooling off period.
The conveyancing staff at Cameron Legal can assist in negotiating the contract for you prior to the auction to ensure you are buying a property on terms that are most preferential to you.

Selling a property

The staff at Cameron Legal have a wealth of experience in acting in all manner of property sales. Whether you wish to sell you family home or investment property, sub divide, sell off the plan, or enter into option agreements in relation to your land, the staff at Cameron Legal can assist in ensuring that your sale is completed as efficiently as possible.

Disputes between neighbours

Most of us hope to have a friendly or at least harmonious relationship with our neighbours. However, there are a plethora of issues that can lead to disputes. These can often arise from a failure to understand or appreciate your legal rights and responsibilities.

Two of the most common types of disputes between neighbours include disagreements over fences and trees.

Often these disputes can be effectively resolved without recourse to legal proceedings. The solicitors at Cameron Legal can assist in the swift resolution of these disputes by advising you of your legal rights and responsibilities. We will assess the factual basis of the situation and recommend the most appropriate course of action, which may include court proceedings.

Criminal Law

Being charged with a criminal offence can be a frightening and unexpected experience. The solicitors at Cameron Legal have a wealth of experience in a range of criminal matters. We will provide you with the advice, information, support and discretion required to deal with your matter.

Our solicitors will ensure that you are well informed of all aspects of your case to ensure your decisions are the right ones for your specific situation.

Appeals

If you are convicted of a criminal offence in NSW you may have a right to appeal that decision. In matters determined by the Local Court the right to appeal is automatic. In other matters you will need to be able to show a specific error in law in the original judgement.

The solicitors at Cameron Legal can assist you in determining the merit of any appeal.

Litigation

The solicitors at Cameron Legal have a wealth of experience in providing debt recovery advice to both individual and commercial clients.

We appreciate the individual position of each of our clients and provide practical and commercially appropriate advice for their specific circumstances. We work closely with you to devise a recovery option that keeps costs to a minimum.

Contact us today to discuss the options available to you in recovering your debt.

Court proceedings

Court proceedings are initiated when all other available recovery options have been unsuccessful. The thought of going to court can be quite daunting, and the solicitors at Cameron Legal appreciate that this can be a stressful time for all involved.

We can represent you in both the initiation and defence of such claims.

Enforcing Judgments

Obtaining a favourable outcome in your debt recovery matter can become a hollow victory if the person who owes you the money does not comply with the judgement.

In these situations there are a variety of enforcement options available to you which include:

• A writ for the levy of property – this is where property belonging to the debtor is seized and sold by the Sherriff to satisfy the debt.
• Garnishee order – where the court orders that funds be taken from the debtor ‘s bank accounts, wages or other funds held on the debtor’s behalf to repay your debt.
• Examination Order – where the debtor is compelled to provide you with information about their financial affairs including income and assets.
• Bankruptcy or winding up a company – In some situations you will need to commence bankruptcy or winding up proceedings against a debtor to recover your money

The appropriate enforcement procedure will depend on your specific circumstance. The solicitors at Cameron Legal can advise you on the viable options for your given situation and assist you in taking the necessary action to recover your money.

Litigation

The solicitors at Cameron Legal have a wealth of experience in providing debt recovery advice to both individual and commercial clients.

We appreciate the individual position of each of our clients and provide practical and commercially appropriate advice for their specific circumstances. We work closely with you to devise a recovery option that keeps costs to a minimum.

Contact us today to discuss the options available to you in recovering your debt.

Court proceedings

Court proceedings are initiated when all other available recovery options have been unsuccessful. The thought of going to court can be quite daunting, and the solicitors at Cameron Legal appreciate that this can be a stressful time for all involved.

We can represent you in both the initiation and defence of such claims.

Enforcing Judgments

Obtaining a favourable outcome in your debt recovery matter can become a hollow victory if the person who owes you the money does not comply with the judgement.

In these situations there are a variety of enforcement options available to you which include:

• A writ for the levy of property – this is where property belonging to the debtor is seized and sold by the Sherriff to satisfy the debt.
• Garnishee order – where the court orders that funds be taken from the debtor ‘s bank accounts, wages or other funds held on the debtor’s behalf to repay your debt.
• Examination Order – where the debtor is compelled to provide you with information about their financial affairs including income and assets.
• Bankruptcy or winding up a company – In some situations you will need to commence bankruptcy or winding up proceedings against a debtor to recover your money

The appropriate enforcement procedure will depend on your specific circumstance. The solicitors at Cameron Legal can advise you on the viable options for your given situation and assist you in taking the necessary action to recover your money.

Estate Planning

There are a number of important issues that are covered by estate planning. More than just ensuring you have the necessary documents in place, it includes structuring your affairs to maximise the benefit available to yourself and your beneficiaries, while minimising any adverse ramifications such as unexpected tax liabilities.

The solicitors at Cameron Legal have the cumulative experience to assist you in all facets of estate planning. They will take the time to understand your personal situation and advise you on the options available to you. We have a wealth of experience to assist in creating an estate plan that provides a suitable balance between enjoyment of property and income during your lifetime, and the creation and preservation of capital for your family or other beneficiaries upon your death.

Contact us today to discuss the services we can provide.

Wills

A Will is a written document that determines how an individual wants their personal property to be distributed after they die. It allows a person to nominate one or more people to act as the Executor of their estate to ensure property is divided amongst the named beneficiaries in accordance with their wishes.

There are a number of formal requirements for a Will to be valid. These include that it is written, is signed by the person making it, and is witnessed by two independent persons who are not mentioned in the Will or entitled to benefit under the Will.

Making and updating your Will is important, particularly if your circumstances have changed by marriage, divorce, or the birth of children. If you do not have a valid Will at the time of your death there are statutory provisions which dictate how your estate is to be distributed.

The solicitors at Cameron Legal have extensive experience in drafting a range of simple and complex Wills. They will take the time to listen to your wishes and ensure that the document reflects exactly how you want your estate distributed. Contact us to draft your Will today.

Power of Attorney

A Power of Attorney allows you to authorise one or more people to make financial decisions on your behalf whilst you are alive. The appointment usually becomes effective immediately from when it is signed by each party, and remains valid for the time specified or until you revoke the appointment. Even though you have appointed an attorney, you can still personally carry out any transactions, such as banking and the sale of property, while you retain the ability to do so.

The scope of the appointment can be limited to specific actions and time frames, or broadly cover all of your affairs. A general power of attorney continues for a specified period. The duration may be set for a particular period of time, for example a period while you are ill or while you are overseas. This appointment will legally cease to operate if you lose the capacity to make your own decisions. If you want the authority you give to the attorney to continue even if you lose capacity you will need to grant an enduring power of attorney.

The role of an attorney is fiduciary in nature, which means that your attorney will be required to act in your best interest. This means they can not confer gifts or benefits on others, including themselves, unless you have allowed them to do so.

Any lawful action taken by the attorney under the power of attorney is binding on you. It is therefore important to appoint someone you can trust.

Contact the solicitors at Cameron Legal about drafting a Power of Attorney today.

Appointment of an Enduring Guardian

An enduring guardian is one or more persons you appoint to make health and lifestyle decisions on your behalf. The role takes effect only in the situation that you lack the capacity to make these types of decisions for yourself.

You can determine what type of decisions your enduring guardians can make, how those decisions will be made, and who will make them for you. This document essentially gives you a voice when you don’t have one, dictating how you would proceed if you were able to choose.

Although this appointment is not activated until you lack capacity to make medical and lifestyle decisions for yourself, you need to have capacity at the time that you appoint your guardian. Your guardian should be someone whom you trust will act both in accordance with your wishes and

in your best interests. The guardian will always be required to act within the bounds of the law, so you cannot give them a direction which would involve an unlawful act.

The solicitors at Cameron Legal have extensive experience in drafting these documents. They will take the time to ensure that your document is tailored to your own personal wishes and that all guardians understand their role and responsibilities.

Advanced Care Directives

This document informs your family and care givers of your wishes in regard to the provision of specific types of treatments if you are in the terminal stages of an illness or condition.

Family Law

The breakdown of a relationship can be an emotional and stressful time for all parties. You are most likely unaware of your rights and obligations in regard to financial, property or parenting matters. Nor are you likely to be aware of the processes involved in resolving these issues.

The solicitors at Cameron Legal have extensive experience in all areas of Family Law. We can assist in the resolution of all family law matters, providing you with the understanding, professionalism and objective advice you require during this difficult time.

Financial Agreements

Despite the best of intentions, it is a stark reality of modern life that some relationships will break down. The law recognises this and allows for parties to agree on the future division of assets in written agreements. These agreements essentially allow the parties to contract out of some aspects of family law legislation. The parties can agree on division of property, finances, superannuation entitlements, and spousal maintenance requirements.

Financial agreements can be implemented either before, during or after a relationship. They can be made between de facto partners or married spouses, but will only be legally binding if signed by both parties with each party receiving independent legal advice. If a financial agreement is legally binding the parties are prevented from obtaining court orders in regard to property matters when the relationship breaks down.

As with contracts of any sort, a binding financial agreement can be set aside by the court. There are specific provisions within the Family Law Act 1975 which outline the circumstances in which this can occur. Importantly, an inherent unfairness of the agreement is not grounds for it to be set aside. This is primarily due to the fact that parties must obtain independent legal advice before entering into the contract.

The solicitors at Cameron Legal have a wealth of experience in drafting and advising on financial agreements. Contact us today to arrange an appointment to discuss your matter.

Separation & Divorce

Divorce is the legal dissolution of a marriage. In Australia legislation allows for “no-fault” divorces which mean that either party can petition the court for a divorce without proving any wrong doing by either their spouse or themselves.

The court is not concerned with the reasons why a marriage has ended. In order to obtain a divorce, you need only to satisfy the court that you and your spouse have been separated for a period of at least 12 months, and that there is no likelihood of reconciliation. Separation can be proved in a number of ways, and can occur when the parties remain living under the same roof.

An application for divorce can be brought by either spouse individually, or a joint application can be made. If there are children of the marriage who are under 18 years of age when the application for divorce comes before the court it will be necessary to show that proper provisions have been made for the care of the children before a divorce will be granted.

The team at Cameron Legal can assist you in preparing or responding to your family law matters by:

• Ensuring you are fully informed of your rights and obligations
• Drafting and filing your application with the court
• Drafting and filing your response with the court
• Appear with you at each court appearance
• Assist in drafting all related agreements including consent orders for parenting arrangements and property settlements

If you need assistance with a divorce or related matter, please contact us today.

Property Settlements

The stress and emotion involved in the breakdown of a relationship can make it difficult for parties to agree about the division of assets and liabilities that have been amassed throughout the relationship.

No two property settlements are the same. Each situation has its own factual circumstances which need to be taken into account when determining the appropriate division of assets.

The court has acknowledged that certain factors should be taken into account when determining the appropriate division of assets. These include:

• Assets brought into the relationship by each party
• The length of the relationship
• The financial and non financial contributions of each party
• Any indirect financial contributions of either party
• The future needs of each party taking into account factors such as age, health, earning capacity and care of children

The solicitors at Cameron Legal will assess your individual circumstances to determine a fair and reasonable division of your assets. They will work hard to ensure that a fair settlement is negotiated, and if this is not possible, act on your behalf in court proceedings.

Parenting Agreements and Orders

In the aftermath of a relationship break down it is important for children to maintain a meaningful connection with both parents. How this is manifested will depend on your individual circumstances and the needs of your children.

Decisions about the care of your children are often highly emotionally charged, which can result in difficulties in reaching agreement. The solicitors at Cameron Legal can assist you reaching an acceptable parenting agreement that works for both parties, and your children.

It is necessary for you and your former partner to determine where your children will live and how and when they will spend time and communicate with the other parent. This can be done by a negotiated agreement, or if that is not possible, by a court order.

A Parenting Agreement or Parenting Plan is an informal written agreement struck between the parents. These types of agreements are negotiated between the parents but they are not legally enforceable.

It is possible to turn an informal parenting plan into a legally enforceable agreement by filing the agreement with the Court as Consent orders. This means that the court will review and approve the content of the agreement. Once “approved” by the court, the Consent orders operate as a formal, legally binding agreement which helps to ensure that each parent is required to uphold the obligations that are agreed to.

Despite the best attempts by each parent, there are some situations in which a parenting agreement cannot be negotiated. In these cases it is necessary for the Court to step in and determine the manner in which care for the children will be shared between the parents. The court will not hear parenting applications until the parties have made a genuine attempt to resolve parenting disputes.

In determining the parenting orders the Court is obliged to have regard to a number of issues, including the best interest of the children, the views expressed by the children, the relationship between the children and each parent, and any other relevant factor. In some situations the court will appoint an Independent Children’s Lawyer to represent the children’s interest.

Our experienced solicitors can provide you with advice on parenting issues and assist in the preparation of any court proceedings.

Child Support

Parents have legislatively defined rights and obligations for the financial support of their children. The rate of child support that is paid or received by a parent is calculated according to a number of factors. These include the taxable income or earning capacity of each parent and the percentage of care provided by each parent.

The majority of people will have a Child Support Agency (CSA) assessment to determine the amount they are required to pay. It is necessary to have registered with CSA to be eligible to claim Family Tax Benefit A & B.

In some circumstances the parents will come to a private arrangement in regard to the amount of child support that the parent without primary care of the children will pay.

If there is a dispute about the rate of child support payable under a CSA assessment, you can lodge an objection and request a review.

Our solicitors can explain your child support rights and responsibilities to you, and assist you in rectifying an unjust or incorrect assessment.

For further information about the CSA and the ways that you can collect your child support payments visit www.csa.gov.au.

Spousal Maintenance

Orders or agreements for spousal maintenance are distinct from child support payments which are made for the benefit of the children. Spousal maintenance is the provision of ongoing financial support to a former spouse.

Unlike the entitlement to child support, spousal maintenance payments are not automatic. There is a statutory duty to provide this support after separation or divorce only in circumstances where one spouse cannot meet their adequate needs and the other spouse has the capacity to pay.

There is a distinction between a person’s actual income and their capacity to pay support. The concentration on the capacity of a former spouse ensures that any attempt to avoid support payments by purposely reducing is income is often futile.

Parties can agree to the inclusion of spousal maintenance as part of a negotiated property settlement. Agreement can be made in the form of a lump sum adjustment or by regular payments for a period of time. There are certain circumstances which will bring an entitlement to spousal maintenance to an end. These include the completion of training or education, obtaining employment or the commencement of a new de facto relationship.

The court will only make formal orders in this regard after the parties have engaged in genuine attempts to reach agreement. In making an order for spousal maintenance the amount payable will depend on the individual factual circumstances of the matter, with consideration given to what would be required to maintain a reasonable standard of living. This standard does not necessarily equate to the standard enjoyed prior to the relationship break down, but it is a factor to be given some weight.

Personal Injury

Injuries of both a physical and psychological nature can occur in any number of ways. In some situations where an injury is sustained due to the negligence of another person the law provides an entitlement to compensation for the victim.

If you or a family member has sustained an injury for which another party may be liable the process of recovering your full legal entitlement to compensation can be very daunting. Often insurance companies will be less than willing to pay you what you deserve.

We can assist you to obtain the best compensation outcome for you – whether that be through a negotiated settlement process or initiating court proceedings.

The team at Cameron Legal have a wealth of experience in a variety of personal injury matters. We can advise in regard to your legal rights, entitlement to compensation and options available to you.