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Strategic Development Strategy Complementing NSW Local Environmental Planning (LEP) Laws. A development proposal that interacts with a Local Environmental Plan (LEP) must be both lawfully constructed and strategically positioned. Ters Planning Lawyers assist clients in formulating development strategies that are not only compliant with the applicable LEP but also structured to maximise lawful land use and planning yield. The boutique lawyer firm in Sydney works closely with planners, architects, and developers to assess how LEP controls such as zoning, height, floor space ratio, and heritage provisions affect a site. Rather than accepting limitations as fixed, Ters Planning Lawyers explore how objectives within the LEP can support justified variations, planning proposals, or alternate land uses through lawful mechanisms. Ters Lawyers Sydney's strategic approach is especially effective in mixed-use zones, transition precincts, and growth corridors where the LEP may lag behind current policy or urban conditions. Ters Planning Lawyers review the drafting history, administrative intent, and relevant State Environmental Planning Policies (SEPPs) that intersect with the local instrument to identify additional planning pathways. When a development concept falls outside strict LEP compliance, the firm provides legal structure for clause 4.6 variation requests or site-specific planning proposals, ensuring the justification is grounded in statutory language and recent authority. Ters Planning Lawyers also advise councils and institutional landowners on how to initiate or respond to LEP amendments affecting significant parcels. Every recommendation made by Ters Planning Lawyers considers the full legal framework that governs the planning system in New South Wales, as well as the operational interests of the client. Their role is not only to navigate existing rules, but to help reshape the planning outcome through lawful and strategic means. Faced with a development matter that requires innovative, legal advice? Talk to Ters Planning Lawyers Sydney today on +612 9166 7625.

Binding Financial Agreements (often referred to as prenuptial or postnuptial agreements) are legal documents that can play a significant role in safeguarding your financial interests and assets. While they may not be the most romantic aspect of a relationship, they can provide essential protection and peace of mind. In this blog, we will explore what binding financial agreements are, why they are valuable, how they work, and the considerations to keep in mind when creating one. What Are Binding Financial Agreements? A binding financial agreement is a legal contract which is designed to protect the financial interest of both parties in the event of a separation during a marriage or de facto relationship. A binding financial agreement outlines how your financial affairs will be managed during the relationship and, crucially, what will happen in the event of a separation or divorce. A Financial Agreement, if it is declared binding by the Court, ousts the Court’s jurisdiction in relation to financial proceedings between the parties generally, or in relation to specific financial issues. In other words, a Financial Agreement, if prepared and entered into properly, can be a way to ‘contract out’ of court proceedings for family law financial matters. Parties may enter into a binding financial agreement: 1. Before the marriage or de facto relationship. 2. During the marriage or de facto relationship. 3. After the marriage or de facto relationship. Why Consider a Binding Financial Agreement? Whilst there are several compelling reasons to consider a binding financial agreement, an outline of a number of them are as follows: 1. Asset Protection Binding Financial Agreements can safeguard pre-marital or pre-relationship assets, ensuring that they remain with the original owner in the event of a breakdown of the relationship. 2. Debt Protection Binding Financial Agreements can also address how existing debts will be managed, protecting both parties from each other's financial liabilities. 3. Clarity and Certainty Binding Financial Agreements provide clarity on financial expectations and can prevent misunderstandings during a divorce or separation. 4. Business Interests For individuals with business interests, having a binding financial agreement in place can help protect your business from becoming a marital asset subject to property division. How Do Binding Financial Agreements Work? A financial agreement between the parties is only binding if: 1. The agreement is signed by both parties; 2. Before signing the agreement, each party is provided with independent legal advice from a legal practitioner concerning the effect of the agreement on the rights of that party and the advantages and disadvantages to that party of making the agreement at the time the advice was provided; 3. Each party was provided with a signed statement by the legal practitioner to the effect that the advice was provided; 4. A copy of that solicitor’s statement is given to the other party; and 5. The agreement has not been terminated nor set aside by the Court. The agreement, when binding, removes the power of the Court in relation to all financial matters to which the agreement applies. It is important to note that the parties must ensure that they comply with their obligations at law insofar as disclosure is concerned prior to entering into a binding financial agreement. Considerations and Limitations It is important to be aware that binding financial agreements can be declared non-binding or set aside by a court. The Court has the discretion to set aside a binding financial agreement upon an application by either party. These circumstances can include the following: 1. A failure to disclose relevant matters, such as an interest in an asset; 2. The agreement was obtained by fraud or duress; 3. The agreement was entered into for the purpose of defrauding a person who is a party to a de facto relationship or a spouse or defeating the interests of that person in relation to any possible or pending application for a Court order in relation to the de facto relationship; 4. If the agreement was entered into for the purpose of defeating or defrauding a creditor or reckless disregard for the interest of a creditor or third party; 5. If the performance of the agreement is impracticable as a result of circumstances that have arisen after the agreement was entered into; 6. If either party to the agreement engaged in unconscionable conduct in relation to the making of the agreement; 7. If, after the agreement was entered into, a material change in circumstances relating to the care of the parties’ children occurs, which will cause hardship to the children or the person responsible for the care of the children; 8.If the agreement is uncertain or incomplete or has been obtained by undue influence, misrepresentation, mistake, fraud or other contractual irregularities; or 9. If the agreement deals with a superannuation interest which is unsplittable. Conclusion Binding financial agreements offer a practical and legally recognised way to protect your financial interests and provide clarity in your relationship. While they are not the most idealistic topic, they can be an essential tool for ensuring a secure and fair financial future for both partners. Engaging legal professionals and engaging in transparent communication with your partner are key to creating an agreement that works for both parties. Need legal assistance? Ters Legal is here to support you. Call (02) 9166 7625 or book now for a consult. Disclaimer The above material and any other material produced on our website is provided for general information purposes only and is current at the time of first publication. The material is not a substitute for legal or other professional advice and should not be relied upon as such. You should seek formal legal or other professional advice in relation to any matters you may have. Ters Legal and its employees are not responsible to the user or anyone else for any loss or damage suffered by using any of the material on the site. We exclude, to the maximum extent permitted by law, any liability that may arise as a result of the use of this website or the material on it. Ters Legal aim to provide useful, accurate and up-to-date information, however, we make no warranties or representations about the quality and accuracy of the material on this website and use of this website in any way is not intended to and does not create a solicitor-client relationship between the user and our firm.

When it comes to construction projects, ensuring timely and fair payment is essential for all parties involved. However, one common challenge faced by this industry is that payment disputes can often arise, leading to project delays and financial stress. To address these issues and ensure that all parties involved achieve fair and timely payments in the construction industry, the NSW government enacted the Building and Construction Industry Security of Payment Act 1999 (NSW) (Security of Payment Act). The Security of Payment Act plays a vital role in safeguarding the interests of numerous stakeholders including contractors, subcontractors and suppliers by providing a mechanism to resolve payment disputes efficiently. In this blog, we will explore the key aspects of the Security of Payment Act in NSW and to outline its significance in maintaining a healthy construction industry. What is the Security of Payment Act? The Security of Payment Act is a crucial piece of legislation that regulates payment procedures within the construction industry in NSW. It provides a statutory framework to ensure that parties involved in construction projects receive timely payments for the work they have performed, goods they have supplied, or services they have rendered. The Security of Payment Act seeks to expedite the payment process, resolve disputes efficiently, and maintain cash flow throughout the construction chain. The Security of Payment Act applies to a wide range of construction contracts, including those for building work, engineering work, and architectural work, among others. It covers contracts at all tiers of the construction chain, from the principal contractor to subcontractors, and even suppliers. Payment Claim Under the Security of Payment Act, contractors, subcontractors, and suppliers (and others) may have the right to submit a payment claim to the party liable to make payment. This payment claim must be in writing and specify the amount claimed, the work to which the progress payment relates, and it must reference that it is made under the Security of Payment Act. The payment claim is a crucial step in initiating the payment process and must be served in accordance with Security of Payment Act. Payment Schedule Once a payment claim is submitted, the party liable to make payment must respond with a payment schedule, in circumstances where there are disagreements on the amount claimed. This payment schedule outlines the amount the party proposes to pay and provides reasons for any reductions sought against the amount claimed in the payment claim. A payment schedule must be served within a specified timeframe, typically within 10 business days of receiving a payment claim or as specified in the contract, whichever time expires earlier. Failing to submit a payment schedule will result in the respondent (party liable to make payment) becoming liable to pay the claimed amount sought in the payment claim. Adjudication In the event that there is a disagreement between the parties regarding the payment claim and payment schedule, the claimant (being the person who serves the payment claim) can initiate the adjudication process. Adjudication is an dispute resolution mechanism designed to quickly resolve payment disputes. An independent adjudicator, appointed by an authorised nominating authority, will review the dispute and make a determination regarding the dispute. An adjudication certificate is issued to the parties which sets out the adjudicators reasoning including the amount owed to the Claimant. Enforcing Adjudication Determinations Adjudication determinations are legally binding, and if a party fails to comply with the adjudicator's decision, the other party can enforce it through the courts. This process involves the filing of an adjudication certificate as a judgement for a debt in the Court and an affidavit in support. Once the adjudication certificate is registered with the Court successfully, the Claimant may proceed with enforcement measures for the recovery of payment of the amount owed. Importance of the Security of Payment Act The Security of Payment Act plays a crucial role in safeguarding the interests of various stakeholders in the construction industry. It ensures regular cash flow and timely payments, thereby reducing the risk of insolvency for businesses involved in construction projects. Moreover, it adopts fair and transparent payment practices, promoting a positive working environment within the industry. The Security of Payment Act has significantly improved payment practices within the construction industry. By establishing a streamlined process for payment claims, schedules, and adjudication, the Security of Payment Act has provided a much-needed mechanism for resolving payment disputes and ensuring prompt payments. Understanding and complying with the provisions of the Security of Payment Act is crucial for all parties involved in the construction industry in NSW, as it ensures a fair, efficient, and sustainable industry for everyone. Need legal assistance? Ters Legal is here to support you. Call (02) 9166 7625 or book now for a consult. Disclaimer The above material and any other material produced on our website is provided for general information purposes only and is current at the time of first publication. The material is not a substitute for legal or other professional advice and should not be relied upon as such. You should seek formal legal or other professional advice in relation to any matters you may have. Ters Legal and its employees are not responsible to the user or anyone else for any loss or damage suffered by using any of the material on the site. We exclude, to the maximum extent permitted by law, any liability that may arise as a result of the use of this website or the material on it. Ters Legal aim to provide useful, accurate and up-to-date information, however, we make no warranties or representations about the quality and accuracy of the material on this website and use of this website in any way is not intended to and does not create a solicitor-client relationship between the user and our firm.

When it comes to selling a property, there are various legal and administrative tasks involved to ensure a smooth and successful transaction. Vendor conveyancing refers to the process of transferring ownership from the vendor to the buyer. In this blog post, we will provide a comprehensive guide to vendor conveyancing, outlining the key steps involved and the importance of professional assistance in navigating the process. Understanding Vendor Conveyancing Vendor conveyancing is the legal process that vendors go through to transfer ownership of their property to the purchaser. It involves several tasks aimed at protecting the vendor’s interests and ensuring a valid and secure property transaction. This process begins once the vendor has accepted an offer from a purchaser and continues until the property's ownership is legally transferred. The Role of Conveyancers or Solicitors: Engaging a qualified solicitor or conveyancer who specialises in property law is crucial for a smooth conveyancing process. These professionals have the necessary expertise to guide vendors through the legal intricacies and ensure compliance with all legal requirements. Their responsibilities include preparing legal documents, addressing queries, handling financial transactions and coordinating the settlement process. Essential Steps in Vendor Conveyancing a. Contract Preparation: Contract of Sale: The vendor’s representative will prepare the contract of sale, which outlines the terms and conditions of the property sale, including the purchase price, settlement date, and any special conditions. b. Documentation: The vendor’s representative will obtain various certificates and conducts searches to provide accurate information about the property's status, including title searches, planning certificates, and other dealings on the title of the property. c. Amendments to Contract: The representatives of the vendor and purchaser may negotiate amendments to the Contract and in circumstances where the amendments are agreed by the parties to the contract, it is pertinent that all amendments are accurately reflected in the Contract. d. Settlement: Coordinating Settlement: The vendor’s legal representative coordinates with the purchaser’s legal representatives, financial institutions, and other parties involved to arrange a smooth settlement process. Discharge of Mortgage: If the vendor has an existing mortgage, the vendor’s representative will organise the discharge of the mortgage and ensure the mortgagee is appropriately discharged upon settlement. Importance of Professional Assistance Working with a solicitor or conveyancer experienced in vendor conveyancing is crucial for vendors. They provide guidance throughout the process, ensure all legal obligations are met, and protect the vendor’s interests. Professional assistance reduces the risk of errors, legal complications, and delays, resulting in a more efficient and stress-free transaction. Conclusion Vendor conveyancing is a vital process that vendors undertake to facilitate the transfer of property ownership. Engaging a qualified solicitor or conveyancer, understanding the essential steps involved, and relying on professional assistance ensures a smooth and successful transaction. By navigating vendor conveyancing with care and expertise, vendors can confidently proceed with their property sale, knowing that their interests are protected and the process is conducted in compliance with legal requirements. Need legal assistance? Ters Legal is here to support you. Call (02) 9166 7625 or book now for a consult. Disclaimer The above material and any other material produced on our website is provided for general information purposes only and is current at the time of first publication. The material is not a substitute for legal or other professional advice and should not be relied upon as such. You should seek formal legal or other professional advice in relation to any matters you may have. Ters Legal and its employees are not responsible to the user or anyone else for any loss or damage suffered by using any of the material on the site. We exclude, to the maximum extent permitted by law, any liability that may arise as a result of the use of this website or the material on it. Ters Legal aim to provide useful, accurate and up-to-date information, however, we make no warranties or representations about the quality and accuracy of the material on this website and use of this website in any way is not intended to and does not create a solicitor-client relationship between the user and our firm.

Purchasing a property is a significant milestone in one's life, but the process can be complex and daunting, especially when it comes to the legal aspects involved. Purchase conveyancing plays a crucial role in ensuring a smooth and secure property transaction. In this blog post, we will provide a comprehensive guide to purchase conveyancing, covering the essential steps, the role of professionals involved, and the importance of conducting due diligence. Understanding Purchase Conveyancing Purchase conveyancing refers to the legal process of transferring ownership of a property from the seller to the buyer. It involves various legal and administrative tasks that aim to protect the interests of both parties and ensure a valid and secure property transaction. This process typically begins after the buyer's offer has been accepted and continues until the property's ownership is legally transferred. The Role of Conveyancers or Solicitors Engaging a qualified conveyancer or solicitor is essential for a successful purchase conveyancing process. These professionals specialise in property law and have the expertise to guide you through the legal intricacies involved. Their responsibilities include conducting searches, reviewing contracts, liaising with the seller's legal representation, handling financial transactions, and ensuring all legal requirements are met. Essential Steps in Purchase Conveyancing a. Pre-Contract Stage: Offer and Acceptance: The buyer makes an offer, and upon acceptance, a legally binding contract is formed. Preliminary Searches: The conveyancer performs various searches, such as title searches, zoning checks, and planning inquiries, to uncover any issues or restrictions affecting the property. b. Contract Preparation and Review: Drafting or Reviewing the Contract: The conveyancer prepares or reviews the contract of sale to ensure all terms are fair and in accordance with legal requirements. Negotiations and Amendments: If necessary, negotiations and amendments may be made to the contract to address specific conditions or concerns. c. Due Diligence: Building and Pest Inspections: The buyer arranges inspections to assess the property's condition and identify any potential issues. Finance Approval: The buyer obtains finance approval from a lender, if necessary, to proceed with the purchase. d. Exchange and Settlement: Exchange of Contracts: The signed contracts are exchanged, and a deposit is paid by the buyer. Finalising the Settlement: The conveyancer coordinates the settlement process, which includes arranging the final payment, conducting final searches, and preparing the necessary legal documents for transfer of ownership. Importance of Due Diligence Conducting thorough due diligence is crucial in purchase conveyancing. It involves researching the property's history, checking for any legal or regulatory issues, and ensuring that the property aligns with your requirements. This includes reviewing planning restrictions, easements, encumbrances, and any other relevant factors that may impact the property's value or use. Conclusion Purchase conveyancing is a vital process in ensuring a successful property transaction. Engaging a qualified conveyancer or solicitor, understanding the essential steps, and conducting due diligence are key factors for a smooth and secure purchase. By navigating the purchase conveyancing process with care and attention to detail, you can confidently proceed with your property acquisition, knowing that your interests are protected and your investment is safeguarded. Need legal assistance? Ters Legal is here to support you. Call (02) 9166 7625 or book now for a consult. Disclaimer The above material and any other material produced on our website is provided for general information purposes only and is current at the time of first publication. The material is not a substitute for legal or other professional advice and should not be relied upon as such. You should seek formal legal or other professional advice in relation to any matters you may have. Ters Legal and its employees are not responsible to the user or anyone else for any loss or damage suffered by using any of the material on the site. We exclude, to the maximum extent permitted by law, any liability that may arise as a result of the use of this website or the material on it. Ters Legal aim to provide useful, accurate and up-to-date information, however, we make no warranties or representations about the quality and accuracy of the material on this website and use of this website in any way is not intended to and does not create a solicitor-client relationship between the user and our firm.

When a loved one passes away, it can be a challenging time emotionally and financially. The Succession Act 2006 (NSW) provides a legal avenue for eligible individuals to make family provision claims. These claims allow individuals who believe they have not received adequate provision from a deceased person's estate to seek further provision. To make a family provision claim, you must be an eligible person as defined by the Act. This typically includes spouses or de facto partners, children (including adult children), and certain dependents. Stepchildren, grandchildren, and even former spouses may also be eligible under certain circumstances. In New South Wales, the court considers various factors when determining a family provision claim. These factors include the size of the estate, the financial circumstances of the claimant, their relationship with the deceased, any obligations or responsibilities the deceased had towards the claimant, and the competing claims of other beneficiaries. It is important to note that family provision claims must be made within certain time limits. Generally, a claim must be filed within 12 months from the date of the deceased's death. However, in some cases, the court may allow an extension of time if there are exceptional circumstances. If you believe you have a valid family provision claim, it is essential to seek legal advice promptly. An experienced estate lawyer can guide you through the process, assess the merits of your claim, and help you gather the necessary evidence to support your case. Navigating family provision claims can be complex, but understanding the laws in New South Wales and seeking professional assistance can ensure that your rights are protected during this challenging time. Remember, each case is unique, and seeking legal advice is crucial to determine the best course of action in your particular circumstances. Need legal assistance? Ters Legal is here to support you. Call (02) 9166 7625 or book now for a consult. Disclaimer The above material and any other material produced on our website is provided for general information purposes only and is current at the time of first publication. The material is not a substitute for legal or other professional advice and should not be relied upon as such. You should seek formal legal or other professional advice in relation to any matters you may have. Ters Legal and its employees are not responsible to the user or anyone else for any loss or damage suffered by using any of the material on the site. We exclude, to the maximum extent permitted by law, any liability that may arise as a result of the use of this website or the material on it. Ters Legal aim to provide useful, accurate and up-to-date information, however, we make no warranties or representations about the quality and accuracy of the material on this website and use of this website in any way is not intended to and does not create a solicitor-client relationship between the user and our firm.

Fencing disputes can be a common issue between neighbours. Under the Dividing Fences Act 1991, property owners are required to share the cost of constructing and maintaining a dividing fence between their properties. However, disputes can arise when one party disagrees with the type of fence or its location, or if one party refuses to contribute to the cost. The first step in resolving a fencing dispute is to try to negotiate a solution with your neighbour. If this is not possible, the next step is to issue a Fencing Notice, which is a formal request for your neighbour to contribute to the cost of constructing or repairing a dividing fence. The notice should include details such as the proposed type of fence, its location, and the estimated cost. If your neighbour refuses to contribute or disagrees with the proposed fence, you can apply to the NSW Civil and Administrative Tribunal (NCAT) or the Local Court of NSW (Local Court) for a Fencing Order. NCAT and the Local Court have the power to make orders regarding the construction and repair of dividing fences, as well as the contribution of costs between the parties. It is important to note that NCAT and the Local Court may also consider several factors when making a decision, such as the type of fence, its location, and the financial circumstances of the parties. In some cases, NCAT or the Local Court may order one party to bear a higher proportion of the costs if they have a greater benefit from the fence or if they have been unreasonable in their refusal to contribute. Need legal assistance? Ters Legal is here to support you. Call (02) 9166 7625 or book now for a consult. Disclaimer The above material and any other material produced on our website is provided for general information purposes only and is current at the time of first publication. The material is not a substitute for legal or other professional advice and should not be relied upon as such. You should seek formal legal or other professional advice in relation to any matters you may have. Ters Legal and its employees are not responsible to the user or anyone else for any loss or damage suffered by using any of the material on the site. We exclude, to the maximum extent permitted by law, any liability that may arise as a result of the use of this website or the material on it. Ters Legal aim to provide useful, accurate and up-to-date information, however, we make no warranties or representations about the quality and accuracy of the material on this website and use of this website in any way is not intended to and does not create a solicitor-client relationship between the user and our firm.

Easements play a crucial role in property ownership, granting rights to use another person's land for specific purposes. However, conflicts can arise when disputes occur. In this blog, we'll explore easement disputes and shed light on potential solutions. Understanding Easements Easements are legal rights that allow individuals to use or access portions of someone else's land for specific purposes, such as access to a public road or shared driveway. They are typically established through formal agreements or by court orders. However, misunderstandings or changes in circumstances can lead to conflicts and the need for resolution. Common Easement Disputes Easement disputes can arise due to various reasons, such as conflicting interpretations of the easement's scope, maintenance responsibilities, or changes in land use. Issues may include blocked access, unauthorised alterations, or disagreements over shared costs. Resolving these disputes often requires a thorough examination of legal documentation and seeking professional advice to clarify rights and responsibilities. Seeking Resolution When faced with an easement dispute, it is important to approach the situation with an open mind and a willingness to communicate. Start by reviewing the easement agreement and relevant property documents. Engaging in constructive discussions with the other party and, if necessary, seeking legal advice can help identify potential solutions. Mediation or negotiation may be recommended to find a mutually satisfactory resolution. Legal Recourse In cases where resolution cannot be reached through negotiations, legal recourse may be necessary. Engaging the services of an experienced property lawyer can help navigate the complexities of laws pertaining to Easements. They can provide guidance, represent your interests, and explore options like seeking a court order to enforce or modify the easement. On a final note, easement disputes can be complex, but with a proactive and informed approach, they can be effectively resolved. Seeking legal advice at the early stages can significantly contribute to finding an equitable resolution for all parties involved. Need legal assistance? Ters Legal is here to support you. Call (02) 9166 7625 or book now for a consult. Disclaimer The above material and any other material produced on our website is provided for general information purposes only and is current at the time of first publication. The material is not a substitute for legal or other professional advice and should not be relied upon as such. You should seek formal legal or other professional advice in relation to any matters you may have. Ters Legal and its employees are not responsible to the user or anyone else for any loss or damage suffered by using any of the material on the site. We exclude, to the maximum extent permitted by law, any liability that may arise as a result of the use of this website or the material on it. Ters Legal aim to provide useful, accurate and up-to-date information, however, we make no warranties or representations about the quality and accuracy of the material on this website and use of this website in any way is not intended to and does not create a solicitor-client relationship between the user and our firm.

Family law separation can be an emotionally challenging and complex process, but with the right approach, it can also be an opportunity for growth and a foundation for a brighter future. This blog explores key aspects of family law separation and provides insights into how individuals can navigate this journey by adopting five steps. 1. Communication and Empathy: Open and effective communication is vital during separation. Aim to have respectful conversations with your ex-partner, focusing on the needs of your children and finding mutually beneficial solutions. Practicing empathy and understanding can help foster a more amicable environment, reducing conflicts and minimising the emotional toll on all parties involved. 2. Seek Professional Guidance: Engaging the services of a qualified family lawyer is crucial to ensure you understand your rights and responsibilities. They can provide expert advice on matters such as property settlement, spousal maintenance, parenting, divorce and child support matters. With their guidance, you can navigate the legal intricacies, making informed decisions and protecting your interests. 3. Prioritise the Children: Putting the well-being of your children first is paramount. Create a stable and nurturing environment for them during the separation process. Encourage open dialogue and reassure them of your love and support. If necessary, consider involving a mediator or counselor to help facilitate healthy communication between you, your ex-partner, and your children. 4. Self-Care and Support: Separation can take an emotional toll on individuals. Prioritise self-care by seeking support from friends, family, or professionals. Engage in activities that bring you joy and promote your overall well-being. Consider joining support groups or therapy sessions to share experiences and gain valuable insights from others going through similar situations. 5. Focus on the Future: While separation may bring temporary setbacks, it also opens doors to new possibilities. Redirect your energy toward personal growth, pursuing interests, and building a fulfilling future. Set realistic goals and embrace the opportunities for self-discovery and reinvention that come with this life transition. On a final note, family law separation is undoubtedly a challenging journey, but with patience, empathy, and the right support, it can be an opportunity for personal growth and a chance to create a positive co-parenting dynamic. By prioritising effective communication, seeking professional guidance, nurturing your children, and practicing self-care, you can navigate the path ahead with resilience and lay the foundation for a brighter future. Remember, this is a journey, and while it may have its difficulties, it also presents the potential for healing and newfound happiness. Need legal assistance? Ters Legal is here to support you. Call (02) 9166 7625 or book now for a consult. Disclaimer The above material and any other material produced on our website is provided for general information purposes only and is current at the time of first publication. The material is not a substitute for legal or other professional advice and should not be relied upon as such. You should seek formal legal or other professional advice in relation to any matters you may have. Ters Legal and its employees are not responsible to the user or anyone else for any loss or damage suffered by using any of the material on the site. We exclude, to the maximum extent permitted by law, any liability that may arise as a result of the use of this website or the material on it. Ters Legal aim to provide useful, accurate and up-to-date information, however, we make no warranties or representations about the quality and accuracy of the material on this website and use of this website in any way is not intended to and does not create a solicitor-client relationship between the user and our firm.

When embarking on a construction project, whether it's a small renovation or a larger development, signing a building contract is a crucial step. Building contracts outline the terms and conditions between parties involved in the project and it often protects each parties rights and responsibilities. But, with the legal complexities involved, many people wonder if it's necessary to involve a lawyer in reviewing these contracts. In this blog post, we will explore the importance of having a lawyer involved to review a building contract and why their expertise is invaluable in ensuring your rights are protected. Legal Expertise and Contractual Clarity: Building contracts are often lengthy and filled with legal jargon that can be overwhelming for non-lawyers. Hiring a lawyer who specialises in building and construction law can provide you with the necessary expertise to understand the contract thoroughly. They also have the knowledge and experience to identify potential pitfalls, ambiguous terms, and loopholes that may be detrimental to your interests. Mitigating Risks and Ensuring Protection: A lawyer's role in reviewing a building contract is to protect your rights and mitigate risks. They will carefully analyse the contract, identify any potential legal issues, and ensure that your interests are adequately represented. This may include negotiating changes to certain clauses, such as payment terms, warranties, indemnification, dispute resolution mechanisms, and termination provisions. By having a lawyer review the contract, you can avoid potential disputes or costly legal battles in the future. Compliance with Applicable Laws and Regulations: Building projects are subject to numerous laws, regulations, and building codes. It is essential to ensure that the building contract aligns with these legal requirements. A lawyer can assess the contract's compliance and verify that all necessary permits, licenses, and regulatory obligations are addressed. This step helps you avoid legal consequences, penalties, or project delays resulting from non-compliance. Negotiating Fair and Favorable Terms: Building contracts are often drafted by the party with more negotiating power, such as the developer. Without legal representation, you may be at a disadvantage during contract negotiations. Lawyers experienced in building and construction law can level the playing field and advocate for your interests. They will help you negotiate fair and favourable terms in ensuring that your investment is protected. While it may be tempting to overlook legal review and proceed with a building contract, involving a lawyer is essential to safeguard your interests and minimise potential risks. Their expertise in building and construction law, contractual analysis, and negotiation skills can provide you with peace of mind and ensure a smoother project execution. By investing in a lawyer's services, you are taking proactive steps towards protecting yourself and your project from potential legal pitfalls. Need legal assistance? Ters Legal is here to support you. Call (02) 9166 7625 or book now for a consult. Disclaimer The above material and any other material produced on our website is provided for general information purposes only and is current at the time of first publication. The material is not a substitute for legal or other professional advice and should not be relied upon as such. You should seek formal legal or other professional advice in relation to any matters you may have. Ters Legal and its employees are not responsible to the user or anyone else for any loss or damage suffered by using any of the material on the site. We exclude, to the maximum extent permitted by law, any liability that may arise as a result of the use of this website or the material on it. Ters Legal aim to provide useful, accurate and up-to-date information, however, we make no warranties or representations about the quality and accuracy of the material on this website and use of this website in any way is not intended to and does not create a solicitor-client relationship between the user and our firm.

The Federal Circuit and Family Court of Australia have a no-fault divorce system which applies to all family law divorce matters. In other words, the court will not decide who is to blame for the breakdown of the marriage. Instead, it is the Court’s duty to assess whether the marriage ‘irretrievably’ broke down. This is the primary factor which the Court takes into account when determining whether a divorce order should be made. There is also a requirement that the parties have been separated for at least twelve months which is an indicative factor to a relationship being irretrievably broken down. Need legal assistance? Ters Legal is here to help you through this difficult process. Call (02) 9166 7625 or book now for a FREE 30 minute consult. Disclaimer The above material and any other material produced on our website is provided for general information purposes only and is current at the time of first publication. The material is not a substitute for legal or other professional advice and should not be relied upon as such. You should seek formal legal or other professional advice in relation to any matters you may have. Ters Legal and its employees are not responsible to the user or anyone else for any loss or damage suffered by using any of the material on the site. We exclude, to the maximum extent permitted by law, any liability that may arise as a result of the use of this website or the material on it. Ters Legal aim to provide useful, accurate and up-to-date information, however, we make no warranties or representations about the quality and accuracy of the material on this website and use of this website in any way is not intended to and does not create a solicitor-client relationship between the user and our firm.

The Divorce hearing will be determined in the Federal Circuit and Family Court of Australia. Parties are only expected to attend the divorce hearing if they satisfy the following criteria: 1. A sole application has been filed and there is a child of the marriage aged under 18 years at the time of filing; 2. The party has indicated that they wish to attend in the application; or 3. Either party has objected to the divorce being heard in the absence of the parties; or 4. The respondent files a Response to divorce opposing the application. In the event that the Applicant has been unable to serve the divorce Application on the Respondent, they should attend the Court hearing and depending on the circumstances, they should consider the appropriateness of seeking an order for substituted service or an order for dispensation of service in circumstances where they are not able to find the Respondent to serve the documents. Once the divorce is granted, it will be finalised one month and one day later unless an order is made by the Court to reduce that time. A copy of the divorce order will be made available to the parties upon the order becoming operative. Need legal assistance? Ters Legal is here to help you through this difficult process. Call now or book now for a FREE 30 minute consult. Disclaimer The above material and any other material produced on our website is provided for general information purposes only and is current at the time of first publication. The material is not a substitute for legal or other professional advice and should not be relied upon as such. You should seek formal legal or other professional advice in relation to any matters you may have. Ters Legal and its employees are not responsible to the user or anyone else for any loss or damage suffered by using any of the material on the site. We exclude, to the maximum extent permitted by law, any liability that may arise as a result of the use of this website or the material on it. Ters Legal aim to provide useful, accurate and up-to-date information, however, we make no warranties or representations about the quality and accuracy of the material on this website and use of this website in any way is not intended to and does not create a solicitor-client relationship between the user and our firm.