FAQ

Can I get advice over the phone or do I have to make an appointment?
Depending on whether a solicitor is available to take your call, we are more than happy to provide limited advice over the phone. However, we do recommend that an appointment be made to allow you to get the most thorough and practical advice in regards to your legal matter.

What are your payment methods?
We accept cash, cheque, credit card or direct bank deposit.

Why do I need a Will, Power of Attorney or to appoint an Enduring Guardian?
If your Will is not properly drafted it may have a significant effect on who benefits from your Estate with the possible result that either your intentions are not able to be given effect or if the provision in the Will fails, your Estate may be intestate, either wholly or in part.

If you do not review your Will regularly to take into account changes with respect to your circumstances such as when you marry or separate then the people most important to you may not be adequately provided for.

A Power of Attorney is essential if you wish to deal with the real property owned or partly owned by another person and in most cases necessary to obtain information and conduct transactions on behalf of another person.

Can you draft an Agreement for me to provide my customers?
If you are in business, it is recommended that you have written terms dealing with how goods and services are provided to your customers or clients.  This makes it easy for each party to the transactions to know their rights and responsibilities.  Also, if there is a dispute there is a document you can rely on to enforce your rights.  We can tailor an agreement to meet your specific business needs.  For example, a carpet cleaning business might only require very basic trading terms, whereas a company hiring out heavy machinery would most likely require a more extensive agreement.  At Burke Elphick & Mead™ we can assist you in determining the legal issues which are most commercially important to you (some of which you may never have considered).

I gave my customer a bill 6 months ago and they won’t pay me. Can you help?
Yes we can assist you with Court proceedings to recover debts owed to businesses and individuals. We also regularly help our clients defend unjust demands for money.  Part of our approach to providing advice is to help clients avoid (wherever possible) the same situation from occurring again.  We have advised our business clients on strategies to protect their rights and minimise their exposure to loss.

How can I protect my intellectual property? 
The concept of intellectual property encompasses the laws of copyright, trademarks, patents and designs.  Some of these have formal registration processes to protect the owner’s rights.  Sometimes business are infringing on intellectual property rights and don’t know it. For instance, consider this – you engage a graphic designer to create a smart new logo for your business and pay him or her for their services.  Unless it is made clear who has copyright in the logo the graphic designer (as the creator/author) may make later use of that logo in any way they choose or even worse, they may attempt to charge you an ongoing license fee for the use of the logo.

Do I have to go to court to solve my family law dispute?
No.  In some cases, an attempt at mediation is necessary before you can start court proceedings. If you can reach an agreement with the other party early then you can avoid court proceedings. If you cannot reach an agreement, or if your matter is urgent, then you may have no choice but to go to court. Only a small fraction of proceedings end up being decided by a Judge or Magistrate.

Is mediation the right way to go?
For many people mediation is a wonderful tool for resolving disputes. It is not appropriate when domestic violence is an issue. Clients should ALWAYS get good legal advice before they go to mediation or before they sign anything.

What happens if we can’t agree?
Commence proceedings in the right court for your matter. In children’s matters or where the parties are married this will mean making an application to the Family Court or the Federal Magistrates Court for Orders. In De Facto property matters this will mean making an application to either the Local, District or Supreme Courts of New South Wales for Orders.

How much does it cost when it comes to sorting out Family Law issues?
Costs for an initial Family Law Meeting is $330.00 (incl. GST), which covers the first meeting and a letter of advice. A more detailed estimate of costs can be provided after the initial appointment.

What should I bring to my Family Law meeting?
Any financial papers including market appraisals for any properties, superannuation statements for both parties, bank and credit card statements.

Insurance Claims in New South Wales—When do I need to go to Court?

Legal proceedings for insurance/compensation claims in New South Wales are commenced by way of a Statement of Claim and must be commenced within 3 years of the date of accident or the claim is statute barred and out of time.

In New South Wales, the District Court has jurisdiction to hear claims worth up to $750,000.00 in damages (Section 44(1)(ii), District Court Act, 1973(NSW)). Claims which are likely to exceed $750,000.00 are commenced in the Supreme Court.