Is it cheaper to use a Conveyancer than a Solicitor?

Not necessarily, it is a misconception that it is cheaper to use a Conveyancer than a Solicitor. We offer a set price conveyancing which is both competitive and affordable with no hidden costs. You are advised of our fees at the beginning of your matter and an estimate of your disbursements is provided to you.

What is the difference between using a difference in using a Conveyancer and a Solicitor?

Both a Conveyancer and a Solicitor are experienced to handle the conduct of your matter. However, if an issue arises a Conveyancer will normally have to refer your matter to a Solicitor, which could result in additional fees being paid by you. Your solicitor can continue to deal with the matter on your behalf.

When should I exchange Contracts?

We recommend that you do not exchange contracts until you have first obtained formal written loan approval from your bank and satisfactory Pest and Building Reports. So that you don't lose the property, you can exchange contracts under 5-10 days cooling off period until you obtain your loan approval and reports.

What happens If I can't proceed with a purchase?

If you have exchanged contracts and you are unable to proceed with the purchase for whatever reason, you forfeit the 10% deposit. It is for this reason that we recommend that you obtain your loan formal written loan approval and satisfactory pest and building reports before you exchange. If you exchange under a cooling off period and decide not to pursue the purchase, you will only forfeit 0.25% of the deposit.

What can I do if I cannot afford to pay a deposit?

If you do not have the funds to pay the 10% deposit, we can ask the vendor's solicitor/conveyancer is the vendor will accept a reduced deposit of maybe 5%, this means that the balance of the funds is paid on settlement. If you still do not have the money to pay the full 10% deposit, we can ask whether a Deposit Bond would be accepted.

What is the difference between a deposit and a Deposit Bond?

A deposit is usually 10% of the purchase price paid to the real estate agent by way of cheque or cash and is held in their trust account until the matter has settled. A Deposit Bond is not cash and, in a bond, obtained from your bank guaranteeing the money to be paid, should there be an issue. If you pay a Deposit Bond on exchange, you will have to pay the full purchase price on settlement.

I don't have the money to pay my stamp duty, but I have borrowed enough money to cover this, what do I do?

For settlement to take place your bank will require a stamped Transfer. We will advise the vendor's solicitor that you will need to stamp on settlement, and we will arrange for this to occur. This also means that you will incur additional costs as there will be additional agency fees involved and the vendor may also charge you a fee for having to change the settlement venue to suit you. It is becoming more and more common and is not an issue to arrange on your behalf.

My pest and building reports have come back with certain issues what do I do?

The first thing we suggest is that you contact the inspector who conducted the reports to determine the severity of the issues you are concerned with. If there are certain works/repairs that need to be carried out we suggest that you obtain quotes and we can ask for the vendor to undertake the work/repairs prior to completion of your matter or alternatively, we can request that there be a reduction in the purchase price for the cost of the quotes.

Do I need to attend settlement?

No, we liaise with your bank and arrange for them to attend settlement, we can either attend settlement on your behalf or appoint an agent to attend if settlement is to take place in Sydney.

Do I need to do anything for settlement?

No, we arrange everything for you. We liaise with your bank, calculate any adjustments, arrange settlement and attend settlement on your behalf. The only time you will need to do anything is if there is a shortfall of funds. We will then ask you to draw cheques and provide us with same for settlement. Usually, your bank provides all of the funds needed and you do not need to worry about doing anything.

My partner and I have separated, what am I entitled to relation to property division?

*A property pool must be established outlining the parties' assets, liabilities and financial resources. This step includes full and frank financial disclosure by each party and obtaining valuations on some assets such as houses, superannuation accounts and businesses, *The parties' financial, non-financial and homemaker contributions to the relationship are assessed. This includes an assessment of inheritances and gifts received by either party from a third party.

What is a defacto relationship?

A "defacto relationship" is defined in the Family Law Act 1975 (Cth) as a couple living together on a genuine domestic basis, who are not related by family and who are not married. A defacto relationship can exist between a man and a woman and between two people of the same sex. The Family Law Act recognises that a party could be in multiple defacto relationships, or that a person who is married could be a party to defacto property proceedings.

My partner has become very volatile since we separated and I fear for my safety. What can I do about this?

If there is harassment, violence, risk of violence or threats being made against you or the children by your former partner, you should make contact with the police immediately. You may consider applying for a protection order in the Magistrates Court. In some circumstances, the police will make this application on your behalf.

What is the difference between a parenting plan and a consent order?

A parenting plan sets out parenting arrangements for the children. It does not cover issues relating to property settlement or spousal maintenance. A parenting plan must be in writing, signed and dated by the parents. A parenting plan is not a court order and is not legally enforceable. However, if a parenting plan is signed by parents after a consent order, then the parenting plan will take precedence over the earlier dated consent order.

Can I move interstate or overseas with children?

Unless there is a court order to stating otherwise, you will require both parents' consent to obtain passports for the children. The court can make an order requiring the other parent to sign a passport application and an order permitting the children to travel overseas. If the court allows the children to travel, some conditions may be put in place, including payment of security/bond and providing the travel itinerary to the other parent.

What if I want to change the court orders or I decide not to follow the orders?

If a parent decides to relocate with the children and this move affects the time the other parent spends with the children, then that other parent may apply to the court for an order to stop the children from moving or have the children returned. If you wish relocate with the children (with or without an existing court order), you should firstly seek the consent of the other parent.

My spouse is being very volatile since we separated and I am fearing for my safety. What can I do?

Speak to your Family Solicitor about the arranging of orders that can be obtained from a court to prevent your spouse from invading your private space. If your fear is genuinely held, Injunction Orders or other forms of protection are readily available.

We cannot agree on what happens with our children. What now?

If your children are old enough to say something sensible, listen to what they have to say. If they do not want to have the sort of relationship with you that you demand, consider changing your opinion. Children, when they themselves are mature, will appreciate your maturity now. If all else fails get your Family Law Solicitor involved. This becomes costly because each of you must get independent advice.

I don't think what my ex-spouser is demanding is fair. What should I do?

Talk to a Family Law Solicitor to get advice. Be prepared to honestly disclose all of your financial circumstances. A confident Family Law Solicitor will tell you what is fair and put you right. If the issue in dispute relates to children the same advice applies.