cropped-Logomakr_7CLboW-e1510923897279.png

Criminal Law in Australia

The Commonwealth of Australia does a lot of things in unique ways, and most Australians are fine with this. When it comes to the courts, tough, Australia’s odd blend of common law and code law is not always unique in a good way. The profusion of different criminal law traditions makes practicing law in Australia very complicated.

Common Law Vs. Statutory Law

Australia’s legal system is very much a work in progress. While the first law brought to the Commonwealth derived from English common law, today there is a serious push in all levels of the government to shift the country’s legal process towards statutory law.

While the subtle differences between the two forms of law are maddeningly complicated, the general gist of the separation is easy enough to grasp. In a common law jurisdiction, the authority used to decide cases is the precedent, i.e. how similar cases were decided in the past. Statutory law looks instead to formally codified laws are written by legislators.

Many legislators and legal professionals would like to see Australia move towards a unified system of statutory law. Unfortunately, this is not a power that the Constitution gives to the National Government. Each state is on its own when it comes to defining and reforming its laws.

An Overview Of Legal Traditions

The states and major territories of Australia lean, on the whole, more towards statutory law than common law. The federal jurisdiction which covers certain high-level crimes is, like the Commonwealth itself, in transition. The Criminal Code Act of 1995 is slowly being expanded to serve as a comprehensive statute. Until this process is complete, though, common law traditions are used to fill in the gaps.

In Queensland, Tasmania, Western Australia, and the Northern Territory, criminal law are codified well enough in the local statutes that criminal law is considered to be statutory. In contrast to this situation, New South Wales, Victoria, and Australia are all still common law jurisdictions. While these three states all have criminal codes of their own, precedent is still used as the highest authority in many cases.

If You’re Facing Criminal Charges in NSW

What does this confusing mishmash of legal traditions mean for you if you’re unfortunate enough to be charged with a crime in NSW? Save U Legal is a low cost law firm located in Tweed Heads, NSW and specialises in criminal law cases such as DUI (drink driving) etc.

The key point you need to take away from this article is that local experience is critically important in Australian criminal law. A lawyer who has not practiced extensively in the jurisdiction where criminal lawyeryou’re charged will be at a serious disadvantage. (In Queensland and New South Wales there’s even still a distinction between barristers and solicitors.)

Make sure you research a potential lawyer carefully when you’re looking for help with a criminal offence. You want to secure a thoroughly knowledgeable professional who understands the local legal tradition inside and out. Look for firms and individual lawyers with many years of in-state experience.

While the state of criminal law across Australia as a whole is a very confusing patchwork, this isn’t likely to affect your directly unless and until you need to defend yourself in court. If that sad day should come, just remember to make sure you get counsel from a lawyer who’s had plenty of experience in your jurisdiction.

cropped-Logomakr_7CLboW-e1510923897279.png

Trust Your Conveyancing To Brisbane’s Best Legal Team

A Beginner’s Guide To Choosing The Best Conveyance Solicitor For Your Needs

The term ‘conveyancing’ refers to the legal process of transferring a property into the ownership of another individual.  While this seems easy to do, it can be quite complex if one does not have the correct legal knowledge to complete this task.  In order to smooth the process of property transfer, it is often recommended that one seek the assistance of a conveyance solicitor such as The Legal Elements.  Brisbane conveyancing solicitors are lawyers who have chosen to specialize in property law and are able to provide expert skills in this area; however, locating the ideal conveyance solicitor can be tricky.  This article will provide information on finding and selecting the most effective conveyance solicitor for one’s needs.

1. Consider The Rates

Choosing a conveyance lawyer is like choosing a car rental service, one must be aware of the rates and have an understanding of how they are determined.  In many cases a property solicitor will provide various options to how rates are paid.  Some of these solicitors will charge a set rate for their services; whereas, others may operate on a percentage of the overall sale or purchase of the property being transferred.  It is important to identify the percentile amount as it may be more affordable to pay a fixed rate.

Another factor to consider when choosing a conveyance lawyer is any additional expenses.  Many of these solicitors will have ‘hidden fees’ which include fees for extra work that may be required, such as additional paperwork and telephone costs.  Furthermore, one must look at any unforeseen costs that could arise.  These costs will refer to VAT and unexpected expenses that may occur during the transfer of property.

2. Consider Work Experience

It is human nature to opt for less expensive options in order to save money and maintain a good credit rating; however, cheaper conveyance solicitors can be tempting.  Unfortunately, the less expensive options are often those with less work experience.  One of the reasons lawyers charge lower rates is because they are relatively new to the industry and cannot justify large fees.  Another reason for this action is that the individual may have a plethora of clients which allows for a larger income.  Unfortunately, with a large amount of clients, the solicitor is unable to provide as much attention to one’s case which can lead to legal blunders being made.

To ensure that one is selecting the most experienced conveyance lawyer who will offer high quality service, it is recommended that one peruse their portfolio and read testimonials.  These testimonials can be found online; however, it is best to review testimonials on third-party websites for the ones on an official website may be fraudulent.

3. The Freelance Conveyance Solicitor

As is mentioned above, one is always drawn to a cheaper alternative irrespective of what the service is.  In many cases, the freelance conveyance solicitor will offer less costly prices.  To ensure the individual has a strong understanding of the field, it is important to ask for references and have an initial interview.  Furthermore, one should not be charged for the initial interview as it is a ‘screening’ procedure.

cropped-Logomakr_7CLboW-e1510923897279.png

Conveyancing Fees

Conveyancing is the term used to refer to the process involved in transferring home ownership from the seller to the buyer. The process begins the moment your offer on a house is accepted and ends when the keys are handed over to you. It is very important to understand what it involves to avoid encountering surprises along the way. This process is usually conducted by a solicitor or a conveyancer and although it is difficult, you can do it yourself.

There are so many Conveyancers and Solicitors out there who provide services for Conveyancing process for those who are buying or selling. When you are looking for a competent Conveyancer or Solicitor, you need to take into consideration a number of factors. They include location, experience, reputation and the confidence that your interests will be looked after appropriately. However, one of the most common factors considered when selecting a Conveyancer or Solicitor is the conveyance fees that you will be charged.

conveyancing fees

Conveyance fee matters when you are looking at a conveyancing quote. However, you should bear in mind that just because a quote is the cheapest, it does not mean that it is always the best. This is because there is no guarantee that the Conveyancer or Solicitor will do a good job to protect you either as a buyer or seller. Cheap can be expensive, and definitely you are not ready to engage an inexpensive Conveyancer or Solicitor who might compromise the level of service they should provide you with.

The following are a number of things that you should take into consideration when comparing conveyancing fees:

1. The Range of Conveyancing Works

This is very important. Of course you want to look at a quote and be sure that you are getting value for your money. You want to ensure that the Conveyancer, as the person representing your interests, will do enough in your purchase or sale. It is not always easy to do this assessment since you are not completely sure what the person should be doing for you, especially if you have no experience and you are selling or buying your first home.
This is what your Conveyancer or Solicitor should be doing for you as a buyer:

1. Review your contract and the Vendor’s Statement. A conveyancer has a trained eye in detecting normal terms that may pose a risk to you. So, as long as you engage a Conveyancer with an in-house Solicitor prior to signing, they should first examine the contract and Vendor’s Statement for you. There is a risk known as acceptable and unacceptable related to your purchase and this will help you to understand both.

2. Searches on the property: Searches on the property is crucial and it includes items such as the title, rates and land tax. This is a vital step in the Conveyancing process since it enables your Conveyancer or Solicitor to obtain the necessary information to divide rates between the seller as the present owner, and you as the future owner.

3. According to property law, debt runs with the land. This means that if the rates are not divided before settlement is done, you will be left with the seller’s debt. In addition, a title search is crucial in determining whether there is a third party who has registered their name on the title that may be hindering you from becoming the new owner. This is referred to as Caveat, and has to be removed before or at settlement.

cropped-Logomakr_7CLboW-e1510923897279.png

Legal Conveyancing | Transferring Ownership Of Property

Legal Conveyancing Is a Must to Complete the Formalities of Transferring Ownership of a Property

When ownership of a property changes, you require to go through a legal process of transferring the title from the old to the new owner, through a process known as conveyancing. This has to be carried out with a solicitor or authorized notary being present. The process requires particular attention to legal matters and can be quite expensive, where there are any complications in documentation or property records.

Legal conveyancing is best done through solicitors or lawyers who are specialized in dealing with property matters. Quite often, both the seller and the buyer appoint their own solicitors, so that the ownership is correctly transferred and will pass all tests of legality. This procedure is used not only for transfer of ownership, but also to transfer mortgages or loans. The process can go through three stages before the transfer, during the transfer and after the transfer.

property ownership transfer

During the first stage, the seller has to give all documents regarding the property and its title deed. This will have to list all occupiers of the property, the boundaries, any disputes and any fixtures on the property or expenses that need to be regularly incurred. The buyer can then make an offer and arrange for surveying the property. The buyer’s solicitor in any legal conveyancing has to search documents of all local authorities to ensure that all the details presented by the buyer are correct and detailed. The solicitor will look at any environmental matters that govern the property, any planning restrictions that affect the property, any orders for preservation of trees, any proposals for roads or other local planning decisions that can affect the property, even if it is in the future. During this stage it can also help to get information about adjoining properties, as this at times do affect the conditions of a property.

Choose a legal person to handle all your conveyancing that has the experience in handling these matters and has competently handled these matters for many other clients. They must be covered by indemnity insurance, which can be useful in case of disputes. The lawyer or solicitor must be someone that you can find it easy to get along with, as the process is quite lengthy and there will need to be a lot of interaction while the process is being completed. The firm or particular person handling your matters must be easy to approach and must be in the habit of returning calls or answering your inquiries promptly. There will be a cost in acquiring the services of a good conveyancer, and it is best if this is decided well in advance, so that you can factor it in to any transaction you are entering into with the seller.  Some firms may ask for an hourly rate, and this will require you to be careful with the time you require. A flat fee is always to be preferred, as then there is no ambiguity about your final cost. Always insist on proper references and testimonials, and it cannot be a bad idea to take the opinion of your own personal legal adviser, if you do have one.

cropped-Logomakr_7CLboW-e1510923897279.png

How to Become a Conveyancer

In the modern society, many young people aspire to become Conveyancers. First, they need to understand what this career entails before they can opt to pursue it. The process of registering and get approved to work as a conveyancer is not complicated. As long as one identifies what the job entails and choose to apply for it, he can achieve his/her aspirations.

What is Conveyancing?

Conveyancing is one of the world’s satisfying careers. It combines the duties of practicing equity and helping people who are undermined with property issues. This career features the act of working on matters that involve property and ownership. The career can further be described as a legal duty that is carried out by experts who work in line with transaction that extinguishes, varies, transfers or creates an equitable or legal interest in any personal or real property.

Conveyancing works may also include the legal duties that are involved in preparing documents like mortgages, leases, transfer letters, conveyances and partnership deeds. Such documents are vital when it comes to giving and verifying details about the effect of any transaction that relate to crucial properties like land.

Actually, Conveyancing is a necessity in most legal works like registration, exchange of property and perusal functions. It is also vital for validating some informal functions like advising and other ancillaries or consequential that may involve huge transaction.

How Do One Become A Conveyancer?

In most countries, for instance New South Wales, for one to become a conveyance he or she must be licensed according to the Conveyancers Licensing Act 2003. The government and other relevant authorities are responsible for the administration of this Act as they are totally entitled to license the conveyancers.

Basically, before one is licensed and allowed to work as a conveyancer, there a number of qualifications he/she must attain. For instance, the academic requirement for this career is that one should have attained at least an Advanced Diploma in Conveyancing (FNS60311). The document to validate this can only be provided by a RTO (Registered Training Organization) after the completion of its courses.  RTO takes the applicant through various trials to validate if he or she is worth the post.

After you have acquired the certificate to show this and have attained other requirements like being of age, you will be free to apply for the post. Your details shall be reviewed by a team of well-trained experts who may choose on whether to license or not to license you according to the quality of the personal details that you provide.

The decision lies upon the person. It is important for an applicant to first focus on gaining some experience in working as a solicitor, a property developer, leader or a bank operator before focusing to applying for the job. Experience is always a key factor if one wants to get success in whatever you are working on. For you to always give appropriate services, you must improve your work experience. If you bear in mind the tips discussed in this article, you will be ready to apply for the job.

cropped-Logomakr_7CLboW-e1510923897279.png

Conveyancing By A Clerk Versus A Lawyer

All You Need To Know About The Difference Between Conveyance Soliciting And Local Soliciting

It is a general understanding that solicitors are lawyers that provide legal advice when necessary.  This legal advice is sought typically when experiencing a personal injury, assessing property rights, or drawing up contracts between companies.  While attorneys are often able to provide information on the different scenarios, it is not the case that attorneys are specialized in all the issues.  Different solicitors focus on different services and provide specialized services to their clients.  This article will note the difference between a conveyance solicitor and a local solicitor.

What Is A Conveyance Solicitor?

Both the conveyance solicitor and the local solicitor will be required to adhere to legal regulations and professional rules; however, the duties and obligations of the solicitor to the client differ in their definition.  Conveyance solicitors must be direct about their specialism and will offer a client contrary terms and conditions in comparison to the local attorney.  The terms and conditions can be discussed and reviewed in the main office, or will be sent to an individual via the post office.

The primary difference between local solicitors and conveyance solicitors is that conveyance lawyers deal with property matters exclusively.  Of course, it is possible to complete conveyancing independently as solicitors can be rather costly; however, this can be very time-consuming and one may err when completing documentation.  It is often the case that individuals who choose to complete conveyance of a property independently will end up spending far more than the cost of a conveyance solicitor.

As the conveyance solicitor is an expert in conveyance services, he/she will be apt in drawing up contracts and insurance documentation when purchasing or selling a property.  When choosing a suitable lawyer it is important to note their amount of experience and the general result of their cases.  It is also important to note that different conveyance solicitors utilize different procedures when working with a client; therefore, they must discuss this process and one must be comfortable with the procedure in order for it to be successful.

What Is A Local Solicitor?

While conveyance attorneys deal with property matters, the local solicitor can assist with various cases.  The most common type of case that a local solicitor will manage is personal injury cases; however, if the client requires specialized assistance the solicitor will refer him/her to a lawyer specializing in the issue.

Local solicitors are often less expensive than specialized solicitors; however, they may not be as effective.  This does not mean that the local lawyer is ill-equipped to stand trial or assist with documentation; it merely states that there are individuals who have greater knowledge of particular cases and may be more effective.

Similar to the conveyance attorney, the local attorney will require one to sign a contract and understand terms and conditions of their service.  This can also be discussed in person or sent via the post office.

Final Words On The Matter

As can be seen, choosing the most suitable form of legal advice is purely dependent on the issue at hand.

cropped-Logomakr_7CLboW-e1510923897279.png

What Does A Property Conveyancer Do?

The Job of a Property Conveyancer

Conveyance refers to the act of transferring legal title of an asset (specifically) property from one person to another. The term also refers to granting of the encumbrance such as a lien of a mortgage to a third party.  Alternatively, it can be used to refer to the movement of bulk products commodity, water, electricity, sewerage or gas to another person.

property conveyancer

The conveyance process entails two landmark activities; exchange of contracts – where the title of ownership passes to another party. In this respect, the work of a conveyencer is to ensure that the buyer of the real property obtains a good or a marketable title to the property, and must ensure that the seller is the true owner of the property. He must also have the right to sell the property in question and should ensure that there is no factor, obstacle or otherwise to impede mortgage and resell of the property.

The conveyance must work hard to ensure that the buyer secures title to land or property alongside the right that run with the land. In addition, he must also be notified of the restrictions attached to the property in advance before making the purchase. The conveyance must check the registration to assure the purchaser of the land or the property that the land /property are in good title.

Depending on the country in which the conveyance is practicing, the work must be done by a solicitor who is qualified, licensed and capable of transferring the property or the piece of land to the buyer.
Either way, the conveyancer is charged with the responsibility of ensuring that the property is transferred to  the third party and must carry out sufficient search, make the pre-contract  entry enquiries to ensure that a good deal is sealed. The conveyancer must prepare the draft contract and take it to the buyer’s solicitor for approval. In turn, the solicitor will in turn collect and prepare the necessary information relating to the property which conforms with buyers solicitors.

The conveyance process is tedious and time consuming and may take as long as 10-12 weeks. Other transactions may take longer than this period. The time scale is determined by other factors including the financial status of the buyer, his personal needs, the seller and legal factors. As the conveyance carries out these tasks, he must remember that either of the party is free to pull out of the transaction at any time regardless of the reason. If this happens, there shall be no legal responsibility on either of the parties.
In the United Kingdom, the conveyance process is thus applicable to the feudal fiefdom that is heritable to the heir and may involve consecutive procedures including paying homage and feudal relief.

In Scotland, things are different; the contract is concluded at an earlier stage. Once the initial offer is accepted by the seller, it becomes legally binding. This means that the survey must be done before the bids are made. The sellers have a right to set the closing date in case of competing interests.