Central Coast Solicitors in Erina, New South Wales, Australia | Property lawyer

Central Coast Solicitors

Locality: Erina, New South Wales, Australia

Phone: +61 2 4339 7466

Address: Element Building, Suite 4.23, Level 4, 200 Central Coats Highway 2250 Erina, NSW, Australia

Website: http://www.centralcoastsolicitors.com/

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• Estate planning solicitor
• Property lawyer
• Divorce & Family Lawyer

25.01.2022 https://auccr.com/free

25.01.2022 From 1 July 2018, standalone transfers, standalone caveats and Non-Authorised Deposit-taking Institution discharges, mortgages and refinances are moving online in New South Wales

25.01.2022 https://www.domain.com.au//why-property-buyers-need-to-kn/

24.01.2022 Have you recently thought about getting your Will, Power of Attorney and Enduring guardian documents drafted by a solicitor? Contact us to discuss.

23.01.2022 Why choose a solicitor over a licenced conveyancer? Solicitors study for many years acquiring knowledge of many areas of law. Conveyancers study a short form of course to undertake property transactions. Conveyancers knowledge of actual law is at the best rudimentary and in many cases non-existent. A good example of the obvious incompetence of a conveyancer was provided in the case of Guirgis v JEA Developments Pty Ltd [2019] NSWSC 164 which provides an important lesson to... licenced conveyancers of the possible consequences that they may face by improperly supporting a caveat application where they fail to take reasonable steps to inform themselves of the information and evidence supporting the application. In this case, the Court found that a caveat lodged by a licenced conveyancer (the Conveyancer) had absolutely no merit and no evidence supporting the claims in the application. The Conveyancer was called before the court where it was held that she had failed to meet her obligations as a licenced conveyancer and fell far below the standard of care owed by a reasonable person in her position. A common mistake made by conveyancers is that a caveat can be easily lodged on title in order to protect money claims. Any lawyer will correctly advise you that the only basis for lodging a caveat is if the caveator holds a valid legal or equitable interest in land. Improper lodgement of caveats can result in expensive Supreme Court proceedings and costs orders against an unlawful caveator. WHY TAKE THE RISK OF ENGAGING AN INCOMPETENT PERSON IN ORDER TO SAVE A FEW DOLLARS IN THE SHORT TERM? IT IS SAFEST TO ENGAGE A SUITABILITY QUALIFIED LEGAL PRACTITIONER IN ANY LEGAL REAL PROPERTY TRANSACTIONS. #centralcoastsolicitors #centralcoastconvenyancingsolicitors #familylawyercentralcoast #centralcoastestatesolicitors

23.01.2022 THE LAST MINUTE WILL As we never know what circumstances lie around the corner, the question as to when you should write your Will is sooner rather than later. This reality has been solidly brought home by the recent Corona Virus outbreak. Although this virus has had less worldwide effect then other illnesses, its rapid spread and its impact on the elderly has been remarkable. We are often called urgently to hospitals by clients who have left writing amendments to their Wills... or even entire Wills to the last minute. These last minute dashes to the hospital are not a solicitor’s preferred method of doing business as they are as heart-stopping for the lawyer as well as the testator and the relatives. On many occasions a testator has instructed on creating a Will within hours of death. Apart from the obvious problem that arises if the lawyer is called too late, there is an increased chance that an aggrieved beneficiary may successfully raise a challenge to the Will using an argument that the Testator had impeded mental capacity due to illness. It is far better to write your Will at a time when no-one can claim that you lacked testamentary capacity. It also allows you sufficient time to write a testamentary statement in support of the Will if that is so required. One further issue which often arises in a last minute Will is that of validity. A Will which is not properly witnessed may be held invalid. Public hospitals and many private institutions do not allow their staff to witness Wills. As executors and beneficiaries are precluded from witnessing a Will it may be impossible to locate a witness at the eleventh hour. The best advice is avoid the last minute Will problem by writing your Will NOW. See more

23.01.2022 Call us for legal advice on Conveyancing, Wills & Estates. We are open on Saturdays.

23.01.2022 We're stoked about our successful Estates and Elder Law presentation today at Tarragal Glen Retirement Village. We look forward to presenting similar seminars more often to assist seniors in our cummunity.

22.01.2022 We will work remotely to ensure the safety of our clients. We will continue to service clients during this time. Kindly call 0243397466 or email us for enquiries.

22.01.2022 More reasons to use a Solicitor and not a licenced conveyancer. https://legalwise.com.au/supreme-court-scolds-conveyancer-o

22.01.2022 HOW MUCH DOES THE PUBLIC TRUSTEE CHARGE FOR PROBATE COMPARED WITH A PRIVATE SOLICITOR ? PUBLIC GUARDIAN FEES FOR ESTATE ADMINISTRATION Asset value : $400,000... NSW Trustee & Guardian fees One off fee 4.4% on the first $100,000 = $4,400.00 3.85% on the second $100,000 = $3,850.00 2.75% on the third $100,000 = $2,750.00 1.65% on any amount over $300,000 (in this case $100,000) = $1,650.00 $ 12,650.00 Disbursements extra eg Supreme Court Probate fee $1,033.00 Total one off fee and disbursement (minimum) $12,650 + 1,033 = $13,683.00 Estate Management 0.77% on value of asset held (say 12 months) = $3,080.00 Account keeping = $ 132.00 Investment 0.11% pa (say 12 months) = $ 440.00 $ 3,652.00 If solely owned assets are family home or superannuation inherited by spouse (over $100,000) commission will be reduced to 1.1% $4,400.00 PRIVATE SOLICITORS ARE LIMITED BY REGULATION IN REGARD TO THE FEES THEY CHARGE. Asset value: $400,000 $1,70 plus $4.47 for each $1,000 over $150,000 = $2,787.50 plus $1,033 Supreme Court Probate fee compared with the $13,683 charged by the Public Trustee. #probate #wills #powerofattorney #enduringguardianship

22.01.2022 We wish all our clients a safe & #HappyNewYear2021We wish all our clients a safe & #HappyNewYear2021

21.01.2022 Check out the lateat copy of Seniors News Central Coast, June-July 2018: https://issuu.com/seniors_newspaper/docs/sec_25-06-2018/11

21.01.2022 We wish our clients a safe and healthy New Year 2021.

20.01.2022 Victims cannot be penalised for ending their tenancy early A tenant who ends their tenancy in circumstances of domestic violence will not be liable to pay any compensation or additional money for the early termination. For example, a victim will not need to pay a break fee, loss of rent, advertising and a reletting fee or an occupation fee for abandoned goods. https://www.fairtrading.nsw.gov.au//strengthened-tenancy-l

19.01.2022 Stamp Duty NSW (New South Wales) Breaking News! NSW Government will temporarily remove stamp duty on new homes under $800,000 for first home buyers from August 1st, 2020. The change to the thresholds will only apply to newly-built homes and vacant land, not to existing homes, and will last for 12-months. Our NSW stamp duty calculator will be updated to reflect this change when it gets approved in NSW Parliament.

19.01.2022 We were recently invited to make a Wills and Estates presentation for local church members at Gosford Presbyterian Church. We are humbled and grateful to share our legal knowledge with seniors in our community.

19.01.2022 GOOD HOUSEKEEPING Although most people generally like to keep their homes in good order it is amazing how many people do not maintain orderly records of their financial and personal affairs. Statements are frequently made to the effect of: I don’t know where my Will is. I did it many years ago with a solicitor but I can’t remember where it was done. I don’t know where my superannuation papers are. I think I have three superannuation policies. This is not helpful to an Exe...cutor who has the responsibility of settling your estate after your death. Some paperwork which is never lost usually are the rates notices and bills sometimes sitting behind a fridge magnet on your refrigerator. The reason these papers never seem to be lost is that they are repeatedly re-issued sometimes with annoying frequency. To avoid difficulty for a future Executor there are certain housekeeping rules you should follow. 1. Keep all your important documents in a safe secure place. These may include copies of Wills, superannuation/ life insurance policies (or statements), title deeds to real estate, particulars of bank accounts and shareholding certificates. A secure place may be a locked box or packet, preferably fire rated (these can be purchased from office or hardware stores at reasonable cost). 2. Review your documents about once a year and remove any that have been cancelled or else no longer current. 3. Keep a record of the location of your Will and title deeds to your property. The originals should preferably be stored in fireproof safes in a solicitor’s office or a bank. Ensure your Executor knows the location of these documents. 4. Review a copy of your Will every couple of years to ensure it is up to date so that any important changes can be recorded in either a codicil or a new Will. 5. If you have moved to an interstate or remote address collect your original Will from your solicitor and store it with a solicitor operating in your new locality. Anyone searching for your Will usually confines those searches to your current or recent location. 6. If you re-write your Will please ensure that the old Will is collected by you and destroyed. Although a new Will revokes an old Will this housekeeping will assist in removing clutter of obsolete documents from storage and will prevent confusion arising as to the validity of your current Will. It would be to no good purpose for your Executor to be acting by mistake on an old invalid Will. If these simple steps are followed it should make life easier for everybody concerned. #wills #enduringguardianship #powerofattorney #centralcoastsolicitors #centralcoastestates ##centralcoastwills&estates

18.01.2022 Call us to make a Will. 02 4339 7466

18.01.2022 REASONS FOR HAVING A WILL A Will allows you to state your wishes on the distribution of your assets after your death. What is a Will?...Continue reading

18.01.2022 Using an agent A key to successfully selling your home is choosing the right agent. Before making your choice, we suggest you talk to three agents and: make sure they have a valid licence by doing a licence check online or over the phone on 13 32 20... get a list of all their fees ensure they are covered by a professional indemnity insurance policy find out if they have a good knowledge of your area ask if they adhere to a code of ethics get quotes from them regarding their commission, fees and charges ask them what their fees, charges and services cover - these usually cover the time they spend promoting and selling your home, advertising and promotion costs and administrative costs ask them how they plan to promote your home - newspaper advertisements, letterbox drops, open houses etc. The law says that there must be a written contract between the seller and the agent, called an agency agreement.

17.01.2022 Pexa settlement from South Africa 5.30am and 2.30pm Australian time. #pexa #conveyancing #centralcoastsolicitors

17.01.2022 Central Coast Solicitors is available for Local and District Court appearances throughout the holiday period. Please call Robert on 0422 902920 #localcourt... #districtcourt See more

16.01.2022 The sale process Residential property cannot be advertised for sale until a Contract of Sale has been prepared. The contract must contain a copy of the title documents, drainage diagram and a current Zoning Certificate (s 149) issued by the local council. If the property for sale has a swimming or spa pool, one of the following must also be attached to the contract from 29 April 2016:... a copy of a valid certificate of compliance, ora valid occupation certificate (issued in the past 3 years) and evidence that the pool has been registered, ora valid certificate of non-compliance. This requirement does not apply: to a lot in strata or community schemes that have more than two lots, orfor any off-the-plan contract. If you fail to attach one of these documents to the sales contract, the purchaser may be entitled to rescind the sales contract within 14 days of exchange, unless settlement has already occurred. To check if the property with a swimming/spa pool has a valid certificate of compliance, visit the NSW Swimming Pool Register website. Contract exchange Exchanging sale contracts is the legal part of selling a home and happens regardless of whether you sell your property by private treaty or auction. There will be two copies of the sale contract: one for you and one for the buyer. You each sign one copy before they are swapped or ‘exchanged’. This can be done by hand or post and is usually arranged by your solicitor, conveyancer or the agent. At the time of the exchange, the buyer will be required to pay a deposit, usually 10% of the purchase price. The contract exchange is a critical point in the sale process: The buyer or seller is not legally bound until signed copies of the contract are exchanged. Buyers of residential property usually have a cooling off period of five working days following the exchange of contracts during which they can withdraw from the sale. If the agent arranges exchange of contacts, the agent must give copies of the signed contract to each party or their solicitor or conveyancer within 2 business days. The cooling off period can be waived, reduced or extended by negotiation. There is no cooling off period for sellers. Once contracts have been exchanged, sellers are generally bound to complete the agreement. There is no cooling off period when purchasing at auction. Settlement Settlement is the conclusion of the sale transaction and usually takes place about six weeks after contracts are exchanged

15.01.2022 Robert Stephen getting into Litigation Mood/Mode

14.01.2022 We just love Adele Andrews, Christine O'Sullivan and staff at Century 21 Property Connect Erina. Keep up the wonderful work ladies!!!

14.01.2022 We are open from Monday 4 January 2021. Please be Covid Safe.We are open from Monday 4 January 2021. Please be Covid Safe.

14.01.2022 Pexa online settlements now mandatory for NSW.

13.01.2022 Check out our new legal article in Seniors News.

13.01.2022 We are pleased about our successful Estates and Elder Law presentation today at Yallambee Lodge Retirement Village in West Gosford. We look forward to presenting similar seminars more often to assist seniors in our cummunity.

12.01.2022 Child Support Issues relating to all children fall under the Family Law Act, and are dealt with through The Family Court and Federal Circuit Court. This is the case for children from all types of relationships married, de facto, same sex couples or adoptive. The Family Law Act places parental responsibility on both parents, regardless of whether they separate or enter new relationships. This parental responsibility, according to sections 61B to 61DB of the Family Law Act, re...fers to the duties, powers, responsibilities and authority which parents have in relation to their children. Pre-Action Procedures Reaching a settlement out of court saves considerable time, distress and money. When applications for parenting orders are filed with either the Family Court or the Federal Circuit Court, both parties are ordered to undertake pre-action procedures including participation in a dispute resolution. A court will require a certificate from an accredited family dispute resolution practitioner before an application for parenting orders can be filed with the court. Pre-action procedures are a requirement except in circumstances where there is family violence, child abuse or urgency. Applying for Parenting Orders Parenting orders are legally binding arrangements which involve the following: Parental responsibility and decision-making With whom the child will live The time with which a child will be allowed to spend or communicate with the other parent Child maintenance orders (although these are less frequent because most children are now covered under the Child Support Scheme). If no settlement can be reached then an application for parenting orders must be submitted to either the Family Court of the Federal Circuit Court. A parenting order may also be applied for by: The child A grandparent Any other person concerned with the care and welfare of the child The decision is then made through a court hearing. The court bases its fundamental decision on what is in the best interest of the child or children. More information about how the court makes its decision can be found Section 60CA, Section 60CC and Section 64B of the Family Law Act 1975. Child Support: Under the Child Support (Assessment) Act, the primary carer of the child or children can make a claim for child support from the other parent. The Child Support Agency is responsible for administering your child support arrangements, and assessing the amount of support which should be provided. The decision is based on each parent's income, the number of children and their living arrangements. If the Child Support Agency makes an assessment which does not seem just or equitable, it is possible to apply for an independent review of the assessment by a Senior Case Officer (SCO). The review is determined through a hearing. #familylaw #familylawcentralcoast #centralcoastsolicitors #centralcoastfamilylaw

12.01.2022 We love our Seniors News

12.01.2022 HAVE YOU BEEN CHARGED WITH DRINK DRIVING ? Our solicitors have years of experience in giving sound advice to and representing clients in Local Courts in drink driving and other traffic related matters CENTRAL COAST SOLICITORS... Robert 0422902920 Renchia 0431226427 See more

12.01.2022 Licensed Conveyancer had displayed reckless disregard for the obligations she owed as someone in her position or, failed to meet the standard of care that was to be expected of a reasonably competent Licenced Conveyancer. https://legalwiseseminars.com.au/supreme-court-scolds-conv/

11.01.2022 The Central Coast Cruisers who we are a proud sponsor of are hosting a family bingo night this Saturday night at Club Umina. Kids bingo kicks off at 5.30pm and family bingo at 7pm. All funds raised go to Cancer Research support and services. Come along for a great night. https://www.facebook.com/events/319421995186226/?ti=icl

10.01.2022 HOW LOW can THEY GO?? Who?? Financial institutions conduct in relation to their client's money/loans and assets is appalling.

10.01.2022 We are so proud to announce our first radio advertising campaign on 2GO 107.7.

09.01.2022 Coronavirus has proven to be a catalyst in improvement of the health behaviours of communities and encouraging us all to put our financial/legal affairs in order. We must all act now as none of us know what lurks around the corner.

09.01.2022 A Wollongong man was sentenced to at least a year in jail for using a power of attorney to fleece his father out of $157,000 of his life savings.

09.01.2022 http://www.news.com.au//n/77e3a18b6f990ee542a96d9e75ff0c5d

09.01.2022 Robert Stephen Renchia Ambrose

09.01.2022 What you can do if you are subjected to financial elder abuse.

09.01.2022 #centralcoastsolicitors #deceasedestates #wills #powersofattorney #enduringguardianship

09.01.2022 #wills Mutual and Mirror Wills

09.01.2022 Arising from Covid-19 restrictions and the attendant chaos which social distancing have caused the Family Court of Australia and Federal Circuit Court have implemented new procedures in association with Microsoft Teams. This will involve virtual abandonment of traditional Court appearances in general family and federal matters. There will be a greater reliance on electronic lodgements of documents and remote video conferencing. The systems are currently being refined but for more information call us.

08.01.2022 We have moved to a New office, Element Building, Suite 4.23, 200 Central Coast Highway Erina.

08.01.2022 http://rvcalculator.fairtrading.nsw.gov.au/

07.01.2022 We use Pexa to complete settlements online. Watch this video for more information.

07.01.2022 New Amendments for Solicitors witnessing documents during the COVID-19 pandemic to provide that documents that require a witness may be witnessed by audio visual link - document includes the following (a) a will, (b) a power of attorney or an enduring power of attorney,... (c) a deed or agreement, (d) an enduring guardianship appointment, (e) an affidavit, including an annexure or exhibit to the affidavit, (f) a statutory declaration. PLEASE CONTACT US IF YOU WANT TO SETUP A VIDEO CONFERENCE APPOINTMENT 02 4339 7466, 043 1226 427 OR 0422 902 920

06.01.2022 This was an online Pexa settlement completed whilst I was staying at Mahala View Lion Game lodge in South African at 3am South Africa Time.

06.01.2022 If you can't figure out how to tackle a problem ???? Then it might be time to contact Central Coast Solicitors at 16 Adelaide Street East Gosford to find a solution!!! www.centralcoastsolicitors.com

06.01.2022 BINDING FINANCIAL AGREEMENTS Binding Financial Agreements (FA’s) were introduced into the Family Law Act in 2000. These agreements are tricky and may not be as enforceable as the parties may have hoped. The Courts take a firm approach to them in that they must strictly accord with technical requirements of the Act. The history of that position is briefly explained by consideration of some court cases for example in J and J( 2006) Fam CA 442 where certificates of independen...t advice were in the wrong form and the FA held invalid in consequence or Millington and Millington (2007) Fam CA 687 where one party did not hold the original FA and the other party a copy and inconsequence the FA was held invalid. These defects were interpreted more leniently by the decisions in Black and Black (2006) 36 Fam LR 680 which found satisfaction if the purpose of the legislation was met or Ruzic (2007) FamLR 473 where invalid solicitors’certificates were subsequently replaced with valid ones. However, Black and Black (2008)FamCAFC 7 being a decision of the full court reversed that trend upholding a literal approach. That case is now the guiding judgment. From January 2010 amendments to Part VIIIA introduced by the Federal Justice System Amendment (Efficiency Measures) Act sought to allow Courts leniency in interpretation of FA’s which contained technical flaws. Despite that the full court in Kostres and Kostres (2009) FamCAFC 222 found that a court, despite strict compliance of an FA with technical requirements may still set aside an FA. The court found that the terms of the agreement themselves were imprecise and ambiguous so much so that the parties themselves had disagreement over significant terms of the FA. The full court found it could not enforce the agreement at all and sent it back to another federal Magistrate for re-hearing which would have been heard on the basis that the FA did not exist as a legal document. In other words the Federal Magistrate was obliged to hear the matter under equitable principles of the family law. The above decisions establish that it is not sufficient to attempt to avoid future court intervention by simply creating an FA. One must ensure that it is in technical compliance with the legislation (providing the purpose of the legislation is met) and also that it is capable of unambiguous interpretation by the parties and others. #familylaw #familylawyercentralcoast #centralcoastfamilylawyer

06.01.2022 LIVING WILLS A Living Will allows you to state your wishes on vital lifestyle issues Friends and family members are frequently kept alive and having to undergo medical procedures with little or no hope of recovery when the person would prefer to be allowed to pass on peacefully having lived a full life. A living will allows you to make decisions in advance about the range and extent of medical care and treatment procedures you wish to receive should you reach such a stage in... your life. A Living Will can determine what treatment you want, if any, should you: have an irreversible medical condition (illness, disease or injury); have an illness, disease or injury that leaves lasting disability where you could be, or will be, permanently dependent on others for care; have a terminal condition; require life sustaining procedures will serve only to artificially prolong the dying process; want to die naturally with only the administration of medication for comfort care and to be kept free of pain; sustain brain damage but remain alive but will have an existence with profound neurological impairment and dependence; require resuscitation or rehabilitation; choose to donate some of your bodily organs to help others. Another common use of a Living Will is for a person to instruct their loved ones that they don't want to go into a nursing home but want to die peacefully in their own home. It can outline how this is done and under what circumstances the person is transferred to nursing home or hospital care. A Living Will puts your personal values and beliefs into words to your loved ones. A Living Will is a personal care health directive, done by statutory declaration which we prepare for you. A Living Will provides you with a greater peace of mind - for you, your family and your doctors. It will ensure that the spirit of your wishes is considered with treatment decisions that are made. Importantly, it takes the pressure off your loved ones having to make these decisions for you. For more information feel free to contact us. #wills #powerofattorney #enduringguardianship

05.01.2022 We will remain open for business during this uncertain time.We will remain open for business during this uncertain time.

04.01.2022 Get you Will sorted before the Xmas Holidays. Call us on 02 4339 7466

03.01.2022 We wish all our clients a Happy and Safe Christmas from Renchia Ambrose and Robert Stephen

02.01.2022 Only deal with the best law firm in town. CENTRAL COAST SOLICITORS

02.01.2022 Family Energy Rebate - NSW Resources and Energy https://www.resourcesandenergy.nsw.gov.au//family-energy-r