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Stern Legal specializes in Wills and Estates, Estate Litigation, and Family Law Property matters, delivering clear, strategic advice and effective representation informed by more than three decades of experience. As a boutique firm, Stern Legal provides personalized attention from its founder and...
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Australia Legal Questions answered by Lawyers

Browse our 4 legal questions in Australia and the lawyer answers, or ask your own questions for free.

What is the best thing to do, re lodge my visa or appeal.
Immigration
My student visa was refused because of financial incapacity wherein I used my sisters bank statement with the amount of 68,000 aud.
Lawyer answer by mohammad mehdi ghanbari

Hello,Thank you for reaching out. I understand this must be a very stressful and disappointing time, but please know that a visa refusal is not necessarily the end of the road for studying in Australia. Here is some general advice...

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1 answer โ€ข
Contract law
Contract Real Estate
Can the previous owner of a business be classed as neglected if he didn't do the maintenance on the referaction units before selling the business to me
Lawyer answer by SJ Law Experts

Thank you.

Read full answer
1 answer โ€ข
Foreigner Marriage in Philippines
Marriage Family
I am an Australian citizen and I want to be married to a Filipino citizen when I come to Ormoc next year, through civil marriage. How should I go about doing this? Is there a clear and concise process?
Lawyer answer by CACC LAW OFFICE

You are advised for marriage registration in Philipine then appealling your spouse to Australia.

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1 answer โ€ข

Australia Legal Articles

Browse our 5 legal articles in Australia written by expert lawyers.

How to File for Divorce in Australia: Step-by-Step Guide
Family
Australian family law is federal and mainly governed by the Family Law Act 1975 (Cth), handled by the Federal Circuit and Family Court of Australia (FCFCOA). You can usually apply for divorce after 12 months of separation, even if you live under the same roof, provided the marriage has broken... Read more โ†’
Fired Without Warning in Australia: Unfair Dismissal Guide
Employment & Labor
Most Australian workplaces are covered by the Fair Work Act 2009 (Cth), National Employment Standards (NES) and a modern award or enterprise agreement that set minimum pay and conditions. Strict deadlines apply: unfair dismissal and most general protections dismissal claims must be lodged with the Fair Work Commission within 21... Read more โ†’
What to Do After a Serious Car Accident in Australia
Accidents & Injuries
Most injury claims in Australia must start within strict time limits - commonly 28 days to 12 months to lodge benefits claims and up to 3 years to sue. Minors and latent injuries have special rules. Serious car accidents are covered by state CTP schemes like TAC (VIC), SIRA-CTP (NSW),... Read more โ†’

1. About hiring a lawyer in Eltham, Australia

Eltham is part of the City of Nillumbik, a northern suburb of Melbourne with a range of local planning rules and tenancy considerations. A lawyer or legal counsel can help you understand your options and obligations under both Victorian and Commonwealth laws. When you hire a lawyer, you typically start with an initial consultation, discuss your goals, and receive a fee estimate and engagement letter outlining scope, fees, and timelines.

In Eltham, many matters involve interactions with local councils and courts, so you may encounter both state wide legislation and council specific processes. For planning or building issues, you will often deal with the local council and the Victorian planning framework. For tenancy, debt, or civil disputes, Victoriaโ€™s tribunals and courts provide processes to resolve issues efficiently.

As you engage a lawyer, expect to receive a written engagement letter, a clear description of services, and an upfront estimate or retainer arrangement. Lawyers in Melbourne and the north eastern suburbs use hourly rates or fixed-fee arrangements depending on the matter type. It is best practice to obtain written terms and confirm how additional work will be billed.

VCAT is Victoria's venue for tenancy, planning and many civil disputes.
Source: https://www.vcat.vic.gov.au

The Australian Consumer Law provides consumer guarantees for goods and services, with remedies including repair, replacement or refund.
Source: https://www.consumerlaw.gov.au

2. Why You May Need a Lawyer

  • Tenancy disputes and eviction notices - If a landlord seeks to end a tenancy, increase rent under disputed terms, or withhold repairs, a lawyer can review your lease, negotiate with the landlord, and represent you in VCAT or the courts if needed.
  • Property transactions and conveyancing - Buying or selling property in Eltham requires due diligence on title (Land Titles Office), mortgage terms, and settlement timing. A lawyer ensures the contract is fair, taxes are clear, and the settlement process proceeds smoothly.
  • Planning and building permit issues - If your development, extension or use of land conflicts with planning controls, a lawyer can advise on permits, objections, and potential appeals with the Nillumbik Shire Council or VCAT.
  • Family law and parenting matters - Divorce, child custody, or property settlements often require court applications or complex negotiation, particularly when assets or entitlements are substantial or disputed.
  • Wills, estates and enduring powers of attorney - A lawyer can draft, update or contest wills, interpret estates, and prepare powers of attorney to prevent disputes after death or incapacity.
  • Small business contracts and commercial disputes - For breaches of contract, supplier disputes, or partnership issues in Eltham, a lawyer can review agreements, negotiate settlements, and represent you in appropriate tribunals or courts.

3. Local Laws Overview

The following laws govern many everyday matters in Eltham and across Victoria. Always check the official text for the latest version and amendments.

Planning and Environment Act 1987 (Vic) - This act governs planning schemes, land use controls, and development approvals throughout Victoria, including Eltham. Local matters are implemented through the planning scheme and council planning permits. See current text and amendments on legislation.vic.gov.au.

Residential Tenancies Act 1997 (Vic) - This act sets out the rights and responsibilities of tenants and landlords, including bond handling, rent, repairs, and dispute resolution processes. For the latest provisions, consult legislation.vic.gov.au and the related guidance from Consumer Affairs Victoria.

Australian Consumer Law (ACL) under the Competition and Consumer Act 2010 (Cth) - The ACL provides consumer guarantees for goods and services, including remedies when products are defective or services are not delivered as promised. This is Commonwealth law and applies in Victoria and Eltham. See legislation.gov.au for the current text and any updates.

Planning and Environment Act 1987 governs planning controls in Eltham, with administration through the Victorian Planning Authority and local councils.
Source: legislation.vic.gov.au

For local information about planning decisions and building permits, you can also refer to the City of Nillumbik Council resources. The council administers local planning schemes and municipal bylaws within Eltham and surrounding suburbs.

4. Frequently Asked Questions

What should I bring to a first meeting with a lawyer

How much do lawyers in Eltham typically charge

When should I hire a lawyer for a tenancy dispute

Where can I find affordable legal help in Eltham

Why is a retainer agreement important

Can I represent myself in small civil claims in Victoria

Should I hire a family law specialist for divorce

Do I need a lawyer for a planning permit issue

Is it possible to negotiate fees with a lawyer in Eltham

How long does a typical tenancy or planning matter take in Victoria

Can I appeal a VCAT decision

5. Additional Resources

These official resources can help you understand your rights and find appropriate assistance in Eltham and Victoria.

  • Victoria Legal Aid - Provides free or low-cost legal information, advice and representation for eligible Victorians. https://www.legalaid.vic.gov.au
  • Victorian Civil and Administrative Tribunal (VCAT) - Handles many tenancy, planning and civil disputes in Victoria, with online services and hearing options. https://www.vcat.vic.gov.au
  • Consumer Affairs Victoria - Enforces consumer protection laws, tenancy rights, and product safety, and provides buyer and tenant information. https://www.consumer.vic.gov.au

6. Next Steps

  1. Clarify your issue and desired outcome - Write a one paragraph summary of your problem and what you want to achieve. (1-2 days)
  2. Gather supporting documents - Collect contracts, notices, letters, and evidence relevant to the case. (2-5 days)
  3. Identify potential lawyers in Eltham - Use the Law Society of Victoria directory or Victoria Legal Aid referrals to shortlist 3-5 lawyers with relevant practice areas. (3-7 days)
  4. Request quotes and schedule initial consultations - Contact shortlisted firms and book 15-30 minute consultations to discuss your matter and fee structures. (1-2 weeks)
  5. Review engagement terms and fees - Compare retainer arrangements, hourly rates, fixed fees, and any disbursement charges. Ask for a written scope of work. (3-7 days)
  6. Engage a lawyer and set milestones - Sign the retainer, confirm case timelines, and outline key milestones such as filing deadlines or hearing dates. (1-3 weeks)
  7. Prepare for hearings or negotiations - Provide final documents, attend any required meetings, and participate in settlement discussions as advised. (timeline varies by matter)
Lawzana helps you find the best lawyers and law firms in Eltham through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Eltham, Australia - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
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