Andrew Lynn Lawyers in Morley, Western Australia | Lawyer & law firm

Andrew Lynn Lawyers

Locality: Morley, Western Australia

Phone: +61 8 9375 2353

Address: Unit 8, 53 Russell Street 6062 Morley, WA, Australia

Website: http://www.andrewlynnlawyer.com.au

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24.01.2022 Great scott! Thank goodness these predictions didnt come true! Happy Back to the Future week everyone!

24.01.2022 Hi Guys Law Pitfall #16 "STOP! In the Name of the Law - how to deal with Traffic Infringements"... Back again with a legal tip related to traffic infringements. I know most of you have a licence and as part of this you aim to follow the road rules. Sometimes though you get caught out being "naughty" and end up with an infringement. I urge all my clients (i sound like a broken record) READ IT! Sometimes there is more than one registered driver of one vehicle, if the driver is not you, you are not liable. If you are unsure if it is you, lets say in a picture, then you can request via letter to confirm those facts. Sometimes it is not worth the effort of actually doing this, however I have had many clients paying for fines and infringements they didnt actually do, because the infringement said it was them. As always if you have any queries please do not hesitate to contact me. Kind regards, Blair Simpson

24.01.2022 New Tenancy Laws - Family Violence Updates If you, or somebody you know, is affected by Family Domestic Violence, from the 15th April, 2019 the new legislation will allow you to: 1. Change locks or upgrade security without the landlords permission despite a tenancy agreement (so long as the new keys are provided to the landlord); 2. Apply to have the perpetrator of violence removed from a tenancy agreement;... 3. Exit a tenancy agreement with 7 days notice to the landlord and to leave the property immediately; and 4. Apply to assign liability for property damage or unpaid rent to the perpetrator of violence The legislation also means that any documents or evidence of violence as provided to your landlord, property manager or real estate agent will be kept confidential. They will not be able to provide any notice of termination, restraining order, evidence or report to the perpetrator, co-tenant or anybody else at the risk of receiving a fine of $5,000 for breach of confidentiality. There will also be new restrictions on listing victims on tenancy databases. The rationale behind such changes are to recognise the increasing rates of family violence in WA and to help remove tenancy-related and financial-related barriers for a person to leave a violent relationship. For a handy summary please see: https://www.youtube.com/watch?v=oAG_dsmBNQA&feature=youtu.be If you have any questions about who is covered by this scheme, what notice is required to be given and/or how to make an application, please contact us to discuss further.

22.01.2022 Law Pitfall #12 "Why do my Employees complain when I fire them?" Hi Everyone!... It is common for people who have been fired by their employers to make an Unfair Dismissal claim if they feel they have been wronged or their rights have been breached (see Law Pitfall #4). These are some basic tips for small businesses, businesses and employees to know if you have been treated fairly. First there is a checklist! The Fair Work Australia has a Small business Checklist for Dismissal which outlines the basic steps that should be followed! If you run your own business you should have a look at it! It outlines the steps Employers should take when dismissing an Employee... Employees if the Employer has not taken these steps you "MAY" have an Unfair Dismissal Claim (get legal advice before making the complaint). NOTE* There are strict time limits on making this application and you should consult a legal practitioner or Fair Work Australia within 21 days of you being dismissed. One of the main points I would like to bring to everyones attention is to TALK to your staff and discuss the matters of contention. If this does not you can start taking the next steps. You will find this will protect the Employers and help Employees understand why they are being dismissed. If you have any queries please contact me. Kind regards, Blair Simpson Solicitor

22.01.2022 Hi Guys, Law Pitfall #15 "Devil in the Details; The problems with putting things on paper"... Back again with another legal tip. Todays tip will focus on putting things into email, on facebook or in general in writing. I am a big advocate of putting everything in writing (make sure you read it first), but there is some legal tips you need to know before doing this. One is that once its on the internet, it is out there forever! Make sure if you email someone, send them a text message, instant message or even a letter, you stand by everything stated 100%. This is because once it is in writing it may be used against you. I see this most in Employment situations. If you "fake" being sick, and then post on Facebook you will be caught and maybe even fired. Write anything to a colleague, potential client/ employer or even on Facebook, like it would be shown to the world. Make sure you read it and avoid putting in confidential information. Upon saying this make sure if you agree to anything on paper, that you read everything!! (I say this alot in these statuses but it is important)! If you have any queries as always feel free to contact me. Kind regards, Blair Simpson

21.01.2022 Law Pitfall #13 "Building Contracts - The Fine Print" Hi Everyone,... Todays Law Pitfall has to do with any handy man/ building work done at your workplace or at home. Make sure when you get the invoice/ contract you read the fine print! This is because if there is any problems with the work done there will be a method to bring it to the builders attention in the invoice/ contract! If there isnt then there is a statutory right to complete work to industry standards. However I have seen contracts that exclude liability if you do not bring the standard of work completed to the attention of the workers while they are on site. This general comment is just to consumers ... again READ IT and UNDERSTAND before you agree to it. Now for builders/ handy men i recommend having your terms and conditions drafted by a legal practitioner. This is to make sure you are complying with the Statutory Requirements of your industry and to protect yourselves from consumers who may try to change or judge your work to receive a discount. I have had experiences on both sides of the fence in these issues and it is much easier to handle these situations if the terms and conditions of work are known to all parties before work is commenced! If you have any queries please do not hesitate to contact the office. Kind regards, Blair Simpson

21.01.2022 Law Pitfall #5 Legal Advice... Just What is it? Hi everyone,... One very common problem that I deal with on a daily basis is people saying, "I got legal advice" and then what they was told was incorrect. People may get advice from a friend studying law, paralegals, settlement agents, real estate agents, business owners, human resources staff and people of a professional nature who may have some back ground in law. Now I am not disputing that these people have a legal knowledge of their specified areas or they are wrong, BUT if you obtain legal advice from a solicitor, it is LEGAL advice. This is advice you can rely on because your solicitor has explicit rights to inform you of your legal rights! Any advice given by the above people will not be binding, and commonly will not state every legal option available If you need Legal advice please see a Solicitor, it is better to be prepared then have pick up the pieces later! (NOTE: law students; if you give out legal advice to someone it could be detrimental to your future career as a lawyer if it is wrong and someone complains to the legal practice board) If you have any queries as always feel free to contact me Kind regards, Blair Simpson Solicitor

20.01.2022 Law Pitfall #11 Hi everyone, Thanks for your support and make sure you get your friends to like and share the page (these tips may just help you out one day)... "Inheritance - the Nasty Home wrecker" If you didnt know, when someone passes away they pass all property to their successors under a Will or under the Administration Act (see Law Pitfall #2). If you are a child or step-child of the deceased, and you dont think the Will/ Administration Act , has made adequate provisions for you, you can make a claim for a bigger portion of the Estate (money). This causes all sorts of trouble for Executors and Families, as all costs of any of these application usually come from the estate (diminishing the inheritance of all the beneficiaries). In addition it can ruin relationships. This is WHY when someone makes a Will they should seek Legal Advice if they have children/ step- children. Legal advice will allow the Will maker to put in adequate protections to deter such actions. If there are still problems even after obtaining advice, I highly recommend parties put emotions aside and try to mediate the matter (at the end of the day this could be cheaper). There is a time limit of 6 months after the grant of probate/ letters of administration for such application and if you are out of time (or the Family member is) seek Legal Advice! Ideally you want to resolve these issues in the Will, as after you pass away you never know what is going to happen! If you have any queries please do not hesitate to contact me. Kind regards, Blair Simpson Solicitor

20.01.2022 Hi guys, For anyone who is pregnant or knows someone who is this is good to know!

20.01.2022 Our solicitor Kiri-Lee George and fabulous clerk (and soon to be an admitted lawyer) Elita Petrelis enjoying the Murdoch University Alumni Boat Cruise celebrating 25 years of law school

20.01.2022 Hi Guys, Law Pitfall #14 "Insurance - The finer details of being Insured"... Todays tip is brought to you from my experiences with Insurance companies and paying out claims. Like the rest of my posts make sure YOU READ THE FINE PRINT!!!! Heaps of Insurance contracts exclude claims for certain accidents or parts of your car/ chattels/ House/ Medical treatment. Apart from the normal read before you sign speech you also have a "Duty of Utmost Good Faith". This means that you need to inform the insurer of ALL, (thats right ALL!) matters which may be relevant to your insurance policy. For Example I get Income Insurance. I dont disclose that I was involved in a Car accident where I severely injured my leg. Then I injure my leg at work and am unable to work. The insurance company will check into your medical history and find you did not disclose that previous injury! They can then choose to not pay out your policy AND if they want terminate your insurance policy with them. I deal with a few of these complaints a year! Make sure you have disclose everything that is relevant! Trust me it will help you out in the future. As always if you have any queries please feel free to contact me. Kind regards, Blair Simpson

19.01.2022 Hi Everyone! Law Pitfall #2 Wills; What happens if you dont have a Will?... A will is important for everyone! If you dont have one your estate is divided via the Administration Act! The act sets out guidelines on what should happen, but it may not be what you want. You should make a Will as soon as you can, and especially in the following situations; When you get married, when you get divorced (your Will could be automatically revoked, contact us for more information), you buy a house, have a child, win lotto! or go over seas. Everyone should have a Will cause you never know what is going to happen! I personally enjoy peace of mind. As always if you have an queries please contact the office through the contacts on this page! Kind regards Blair Simpson

19.01.2022 Hi Everyone! I am going to aim to post a few legal pitfalls and tips EVERYONE should be aware of every couple of days! Make sure you keep these in the back of your mind cause one day it may save your behind.... Legal tip: Reading AND Understanding before you sign I cant stress enough how important it is to READ and UNDERSTAND ANY document you sign! You should look at worst case scenarios when looking through the document and if you are bound by the agreement GET LEGAL ADVICE! The most important thing is to UNDERSTAND just exactly what you are signing, because once it is signed you are bound by it and agree to the contents. There are some exception but you will need legal advice if you are in this situation. If you miss this crucial step you will have problems later on if something goes wrong. So if you have any questions do not hesitate to contact us and keep an eye on this sight for more TIPS! Kind regards Blair Simpson Solicitor

19.01.2022 Law Pitfall #6 The Threat! I Will Sue YOU! ... The Reality Hi everyone,... Another common problem is client coming to my office when people have "Threatened" to sue them. This commonly scares people into acquiescing to the demands of people, when in reality they shouldnt! If someone threatens to sue you, get legal advice on the issue! They may just be lying to you to try and bully you into listening to them! Make sure if that threat comes across the table you know your "Legal" position. In reality litigation is really expensive! and it is rare for cases to enter the court room unless the money being claimed FAR outweighs the cost in recovering it! (See a legal practitioner for these estimates). If you have any queries or would like to make an appointment as always feel free to contact me. Kind regards, Blair Simpson Solicitor

18.01.2022 Hi Everyone Law Pitfall #18 "Why does my ex get my house after I die?"... Another common pitfall for people occurs when people purchase a property for the first time. You can either Purchase it is a "Joint Tenant" or "Tenant in Common". Joint Tenant is where you both own the property and after you die, the surviving owner takes your WHOLE share of the property. Tenants in Common is where you both co-own the property, but after you pass away your share will be dealt with by your successors (or you can sell your share of the property while your alive). Most people by default have the property as Joint Tenants, and after the break down of relationships, leave it as that! Meaning your house will go to your ex partner. Please check on your ownership of your properties and if you need advice on the transfer from Joint Tenants to Tenants in common, or any legal advice; please remember to contact the office. Kind regards, Blair

17.01.2022 Law Pitfall #8 Is it worth it? Hi Everyone,... In our firm our clients over 90% of the time are looking for monetary compensation. This amount ranges from the Thousands of dollars to hundreds. I ask this question to every single client, "does the cost outweigh the benefit at the end of the day?" At the end of the day damages (money awarded by the court) need to outweigh the cost of recovery of that amount, which includes legal fees, for litigation to be worth pursuing! (Note: This is different in different areas of law, criminal and family for example) Principles do not pay the bills! This is the first problem for ALL litigants. As a boutique firm we do advise clients on cost minimisation in recovery of money, but people need to be aware that sometimes it is not worth pursuing. Before you try to sue someone, get legal advice and confirm what is the best way to recover the money owed in your situation, sometimes it is a simple letter, sometimes it is Litigation or sometimes Alternative Dispute Resolutions! As always if you have any questions do not hesistate to contact me. Kind regards, Blair Simpson Solicitor

17.01.2022 LAW PITFALL #18 Making your own Will A will is a legal document that sets out who gets your property, land and assets (also called your estate) if you were to pass away. It allows you to make sure that your property is distributed in the way that you wish it to be and that the people you care about are provided for. Therefore if you are over the age of 18 having a well drafted will is highly recommended. It is one of the most important documents you will ever sign and is...Continue reading

16.01.2022 Law Pitfall # 9 Family Feud Hi Everyone, ... Back with your weekly tips and pitfalls of a legal nature! Everyone has family members that one day may or may not lend money to them. It is very common for this to just be an oral agreement between the parties with the debt being payable "Later". Now you may think that your family is your family and they will pay you back at a later date... however its always better to be SAFE then SORRY. I recommend all such agreements, loans, service contracts, employment, or any "Agreement" is placed in writing. It is very common for family relationships to break down and much harder to recover the debt owed if you are relying on oral contracts. I ALWAYS advise clients that if you want it to hold up in Court it is a lot easier to have it in writing! If you have any queries please do not hesitate to contact the office. Kind regards, Blair Simpson Solicitor

15.01.2022 Hi Everyone Law Pitfall #17 "Neighbors from Hell"... It has been a while since I posted a law pitfall, so I thought I should post one for everyone. This pitfall is very common, having the neighbors from hell. Disputes with neighbors are the most inconvenient and risky disputes to someone. Most of the time it ends up becoming petty and coming in front of a court. Tips to help people with the neighbors for hell is to first, try and solve it through talking and DO NOT make threats or engage in petty antagonistic behavior. It is always easier to settle a dispute before court, as litigation is stressful. If this dispute continues there are two avenues to consult (as long as it doesnt involve recovery of debt). 1. Violence Restraining Order; I dont recommend this route unless you have a violent neighbor who has threatened you repeatedly with violent behavior, or you have been assaulted. 2. Misconduct Restraining Order; I would take this option if your neighbor is abusive and the dispute has gotten out of hand. In addition that your neighbor refuses to leave you alone. Both of these orders from the Magistrates Court restrain all parties bound by the order from contacting each other and attending each others property. As always consult a legal professional before seeking out either order, or if a dispute has gotten out of hand! If you have any queries please do not hesitate to contact me or my office. Kind regards, Blair

15.01.2022 LAW PITFALL#19 Blended families my children will be well-cared for Blended families are those in which two people who have children from previous marriages/relationships get re-married or enter into a de facto relationship. A common mistake we see in those arrangements is that people often purchase properties as joint tenants rather than tenants-in-common and assume that their children will receive something from their property if they were to pass away.... If you are joint tenants with your spouse that property will automatically pass to them by way of survivorship. This would then pass into their Estate upon their death and they can dispose of the property how they like i.e. give it to only their children or new husband/wife and not leave anything to your children as you may have anticipated. Many people we see say words to the effect of my family gets along great or I trust that my husband/wife would look after my children if I were to pass away. The unfortunate reality is that often step-children become estranged from the surviving spouse after the death of their parent and there may be a number of family issues that arise when it comes to inheritance. If you wish to ensure that your children receive your share of the property in which you live, ensure you are tenants-in-common so you are able to dispose of your interest in the property in your Will. Oh but what about my surviving spouse? Will they have nowhere to live if I give my interest in the property? These are relevant questions but in a Will you may give your surviving spouse a life interest in the property so they may live there and have possession of the property for their life time, but the interest passes to your children upon their death. However, there are some exceptions to this, such as when a property must be sold to provide an accommodation bond for a person to enter nursing care and what happens with that money after they die. If you would like further information please contact us!

14.01.2022 Law Pitfall #7 What happens if I become a Vegetable? Hi everyone! ... It is common knowledge that when you die your Will kicks in and distributes all your assets (or if you dont have a will intestacy see Law Pitfall #2) However have you ever thought what happens if I have a stroke and become a vegetable? Or I get HIT by a TRUCK and become paralysed and unable to sign documents (or you just dont have the capacity to make your own decisions due to illness/ age)? There is a document called an Enduring Power of Attorney! I recommend this to all my client who are getting a Will. It is a document that gives a person the power to control your financial assets and use them for your benefit, if you can no longer do so. Without this document if you fall ill, no one will be able to access your bank accounts or sell your property to help pay your bills, and if you dont have the capacity to sign or get your money .... then you are stuck! There is a way to get this power but is more expensive than having the document drafted for security (if you find yourself in this situation get legal advice or contact our office) So if you havent though about it, you might want to! Our firm offers fixed price Enduring Powers of Attorneys along with Wills. If you have any queries or would like to make an appointment as always contact me! Kind regards, Blair Simpson Solicitor ps: Feel free to share these posts to get more likes! Educate your mates you never know when it will be helpful

13.01.2022 Team Christmas lunch with lots of champagne . Our office will close at 5pm on 20th December, 2019 and will re-open on 6th Jan, 2020. Wishing everyone a merry Christmas and happy new year

12.01.2022 Our firms principal Andrew Lynn and newest solicitor Kiri-Lee George in attendance at the 2017 Welcome to the Profession Breakfast hosted by the Law Society of Western Australia and Young Lawyers Committee WA.

12.01.2022 For all you young workers out there this is a good read!

11.01.2022 Law Pitfall #10 Hi Everyone Is Court the Best option?... Most people seem to think that once people enter into a dispute that the best option is to SUE them straight away. This in fact is the last option recommended by most Lawyers. The first step in any dispute across all areas of Law (excluding criminal) is Alternative Dispute Resolutions (Mediation ect). I in fact spend most of my time negotiating with people instead of entering a court room. It will cost a client a lot less to mediate a matter than to take a person through expensive court proceedings. However when entering negotiations and mediation make sure you know your LEGAL RIGHTS! I highly recommend you seek legal advice before engaging in these types of discussions. This will increase your knowledge and bargaining power during the proceedings. If you have any queries please do not hesitate to contact the office. Kind regards, Blair Simpson Solicitor

11.01.2022 Hi guys, Just some education for some people from the Fair Work Ombudsman

03.01.2022 Today the brilliant Elita Petrelis, who has been working with us as a law clerk for some time now, was admitted to the roll of lawyers in WA. Pictured here is our principal Andrew Lynn, who moved the admission, and a (deservedly) happy Elita who has worked towards this goal for 8.5 years! Amazing effort and we look forward to continuing to have Elita on our team

03.01.2022 Law Pitfall #4 Employment Law: Know your rights! Did you know that every person who works Full- time, Part- time or Casual has rights in the workplace?... If you work for an incorporated entity your rights can be found in the Fair Work Act 2009. If you are working for an unincorporated entity (sole trader, trust and/ partnership) your rights are found under Western Australian Industrial Relations legislation. You should be aware of these rights to make sure you are not being bullied, under paid or unfairly dismissed! There are grievance procedures for this kind of behaviour and an ombudsman to complain to if problems arent fixed internally. Be aware there are strict Time Limits! to make these complaints. So if you have a problem seek guidance SOONER, NOT LATER! There are additionally guidelines for people employed by small business owners (which are slightly different to the other businesses) If you have any questions or queries feel free to contact me. Kind regards, Blair Simpson Solicitor

01.01.2022 Law Pitfall #3 Are Lawyers Scary and should I get advice? Hi Everyone,... the most common problem I see in practice is people being SCARED of lawyers and not seeing one until the LAST possible moment! Lawyers are people and it is our job to advise anyone who comes in our office! There is no reason to be adverse to seeking advice. Now because people dont get advice, people enter contracts they DONT UNDERSTAND! I cannot stress enough the importance of seeking legal advice and understanding ANY Contract you enter! It is cheaper! and easier! to modify contracts at the beginning to protect you and provide "Safety Nets" than it is to pick up the pieces once everything has blown up! So take away from this post; READ and UNDERSTAND anything you sign and if there is a significant amount of money involved GET ADVICE! If you do need advice or have any enquiries feel free to contact me. Kind regards Blair Simpson

01.01.2022 Law Pitfall #6 Divorces; Australia v America It is a very common misconception that when you divorce your partner that everything you own is split 50/50. ... This is due to the "Americanised" nature of the television people are subjected. Here in Australia our system is based on "contributions to the relationship". You start at 50/50, and then there is a "tug - o- war" of the assets depending on who you are, what you own and what you bought to relationship (financially and non- financial). If you are getting a divorce or know someone that is, it is imperative you receive legal advice because you wont know what your entitled too unless you ask! This happens very often and I often find some spouses "rip-off" their former partners. If you have any queries feel free to contact the office. If you need an appointment feel free to contact me. Kind Regards Blair Simpson Solicitor