Hassall's Litigation Services in Highett, Victoria, Australia | Lawyer & law firm

Hassall's Litigation Services

Locality: Highett, Victoria, Australia

Phone: +61 3 9555 7233

Address: 308 Highett Road 3190 Highett, VIC, Australia

Website: http://www.hassalls.net.au

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25.01.2022 How do you own your property? If you and your spouse/partner hold Title of the real property as joint tenants, when one person passes away, the deceaseds interest automatically passes to the other person, the survivor this is called the right of survivorship i.e. the person who survives the other will benefit from the deceaseds interest. There are situations where this arrangement may not be ideal. For example, if spouses separate and one spouse passes away prior to a... property settlement being finalised, then the surviving spouse automatically benefits from the deceaseds interest, even though they are separated and the deceased may not have wanted his/her share to pass to their former spouse. Of course, these are actions that can be taken in the Family Court by an Executor. There is another option. If you own real property with someone else, you can instead be registered on Title as tenants in common. Lets take a closer look at both ownership options: 1. Tenants in common: This type of ownership allows you and your purchasing partner to split ownership of the property into shares. For example, as tenants in common in equal shares or as tenants in common as to one third share and the other person may have two thirds share of the property. You may even split them into 100 shares and one person may own 40 shares out of 100 shares whereas the other person would own the other 60 shares. If you are registered on Title as tenants in common, you may bequeath your share of the property to anyone you like in a Will. 2. Joint Tenants: If you own the real property with a spouse/partner, you are most likely registered on Title as joint tenants. Each joint tenant owns 100% of the real property. If one person dies, the deceaseds interest automatically passes to the surviving joint tenant. You cannot bequeath your interest in the real property in a Will. Call us today at 95557233 for more information. #Highett #tenantsincommon #jointtenants #bayside #lawyers #melbourne #property #conveyancing #survivorship This article provides information that is general in nature and is not a substitute for legal advice.

24.01.2022 COVID-19 As always, the health and wellbeing of our clients, staff and contacts are of paramount importance and we continue to monitor the situation as the Covid19 situation continues to change. Hassall’s Litigation Services is fully operational online during the COVID-19 pandemic.... Our physical office may be closed following the announcement and implementation of Stage 4 restrictions, but we are still working from home and functioning remotely and electronically. If you need to contact one of our staff, please call us at (03) 95557233 between 9am to 5pm from Mondays to Fridays or email us at [email protected]. All of our staff members are equipped with telephone and video conferencing facilities so that we can still communicate with you during this difficult time. We will update our website as restrictions ease. In the meantime, stay healthy and stay safe.

22.01.2022 Owners making a claim under the Builders Warranty Insurance LISTEN UP!!! When you undertake a building project, you expect the builder to see to the project until it is completed. However, if your builder becomes insolvent, dies or disappears, it is not the end of your project! A Ministerial Order issued in May 2003 pursuant to the Building Act 1993, provides for the conditions upon which a Builder can undertake domestic construction. Specifically, it provides for obtaining ...and providing to the owner Builders Warranty Insurance (BWI). This provides insurance for owners to make a claim if their builder is insolvent, disappears or dies. Recently there has been a change to the Order that also provides for a claim by the Insurer to be accepted if an owner obtained a Tribunals order against their Builder and that Builder has refused to comply with the Order. You should have BWI if your domestic building contract is for construction (or alteration) of a dwelling for a value that is more than $16,000 (since 16 June 2016). Prior to this date, BWI applied to any Domestic Building Work that was over $12,000. The builder should arrange and pay for BWI before you pay them any money, including any deposit, under the Domestic Building Contract (the contract). The insurer will send you the certificate and policy once the cover is obtained. It is important to check that the amount of the building works in the certificate is the same as the amount in the contract, and the name of the builder is the same in the certificate as the one stated in the contract. The amount claimable under BWI is limited. The time to make a claim is also limited to 6.5 years of the date the certificate of occupancy or certificate of final inspection is issued. Within that time, if your individual builder dies or disappears, and you incur increased costs to finish the dwelling, you should make a claim under the BWI. We can help you prepare your claim. Not only can we help you make the claim for payment of your entitlements pursuant to the BWI, we can also help you with VCAT proceedings to review any Insurers decision that rejects your claim. For more information, call us on 95557233. #VCAT #Highett #Melbourne #builders #warrantyinsurance #Buildingact #domesticbuildingcontract #lawyers #bayside This article provides information that is general in nature and is not a substitute for legal advice.

21.01.2022 It is not uncommon for parents of a child to give their child a gift of money to purchase a property with their spouse/de facto partner, only to have their children separate after the purchase of the property. How does the Family Court/Federal Circuit Court treat gifts and loans in family law matters when the parties have separated? Generally, it depends on a number of factors such as:... 1. Was the gift made to both parties or to one person? If it was made to one person then it is likely that the gift would be considered a contribution on the part of that person to the relationship; 2. How long ago was the gift given? The older the gift, the less weight is attributed to it in assessing contributions of the parties to the asset pool; 3. Is there evidence of an intention for what the gift is for? It is recommended that along with the gift there is a letter or a note in writing stating what the gift should be used for. Keep a copy of it for your records;Is it a loan instead of a gift? If it is a loan which is repayable from the child to the parent, it is advisable to have a loan agreement or a financial agreement between the parents, the child and their spouse/de facto partner, stating the terms of what the repayments would be, when the final payment should be etc. Some spouses/de facto partners have claimed that monies provided to them by their parents are a loan and therefore it is a liability instead of an asset. Generally these loans are repayable on call, but in reality, the parents would not expect repayment of these loans from their children. The Court may not accept that a loan is a genuine loan unless it is properly documented and there is some evidence of repayment and security for the loan. Speak with one of our lawyers today at 95557233 to enquire about your options on how to protect your gifts to your children! This article provides information that is general in nature and is not a substitute for legal advice. #highett #bayside #gift #familylaw #melbourne #loan #parents #financialagreement #loanagreement #familycourt

21.01.2022 NEW BUILDING LAW WHICH MAY APPLY TO YOU Prior to 24 May 2017, if you build or make renovations to a property without the required building permits, you could be fined or asked to replace/demolish the building/addition, or both. From 24 May 2017, section 16B of the Building Act (1993) has been amended to include new penalties. ... Now, anyone who is in the business of building [including architects, landowners and builders] connected to a project the value of which exceeds the prescribed amount and that has no building permit, can face up to 5 years of jail, or fines of up to $93,000. A company associated with an illegal renovation [including demolition] can be fined up to $466,000. This amendment applies to any type of construction or alteration that requires a building permit to be obtained which generally includes any major structural alteration, or a range of small jobs including adding a window, moving a wall, adding a pergola etc. Call us now at 95557233 or email us at [email protected] for more information or to see one of our friendly solicitors. #building #highett #ownerbuilder #buildingact #melbourne #bayside #renovation #buildingpermit

20.01.2022 We are conveniently located nearby Highett train station on the Frankston line, so now after (or before) you come by and see us, you can catch the train to Westfield Southland shopping centre to watch a movie, eat and shop! Too easy! http://www.heraldsun.com.au//0f31c826f20344bf7c50c6cbd19e5

19.01.2022 ROWLAND J HASSALL, B.JURIS., LL.B. MONASH Principal & Director Rowland Hassall was admitted on 1 March 1979. He commenced his own legal practice later that year and then into partnership with John Byrne in 1983; forming "Hassall & Byrne" (pun intended). The partnership continued until 2008, when Rowland became the sole Principal and Director of Hassalls Litigation Services Pty Ltd. Rowlands main strength is problem solving. He has experience in many areas of law - includin...g family law, debt recovery, commercial litigation, and general litigation - however a major focus over this career has been Building and Construction Law. In 1988 Rowland was appointed Chairperson of the Appeals Committee of the Housing Guarantee Fund Limited (HGFL) until 1995. With the other two members of the Appeals Committee- over this time he sat and determined over 400 domestic building dispute cases. As Chairperson, Rowland was responsible for preparing and delivering the reasons for every decision at the conclusion of each case. These cases were complaints by owners regarding builders, appeals by builders for warranty insurance, and registration as builders. The Appeals Committee of HGFL was later replaced by VCAT (Victorian Civil and Administrative Tribunal). The involvement with the Appeals Committee of the HGFL and debt recovery for tradesmen led to an involvement with the Housing Industry Association (HIA). Rowland believes that to effect change in any institution, it is necessary to be a part of the institution. He joined the HIA as a member in 1996, became the Chairperson of the Legal Subcommittee of HIA (Victoria) between August 1999 and April 2001, and remains a member of HIA today.

18.01.2022 OWNERS CORPORATION LEAKS - BALCONY LITIGATION In respect to Owners Corporations, the Plan of Subdivision that sets up an Owners Corporation has a title boundary for each unit and between each unit there is common property so that, the Title to a unit is owned by the unit owner and the title to the common property between the individual units is owned by the Owners Corporation. If there is water leaking from one unit on one floor through the common property into the unit below..., there is no decision made at the moment which says that the Owners Corporation can sue the builder who built it and created the leak on behalf of the unit holders. This means that not only does the Owners Corporation have to sue the builder for the damage to the common property where the water runs through, but each individual unit owner has to sue the builder separately to the Owners Corporation so that their particular balconies or their units themselves that have been damaged by water can be rectified at the expense of the builder. The only other thing that can happen is that the Owners Corporation has to rectify the common property as part of its obligations to the unit holders and, if in carrying out the rectification to the common property it has to rectify the individual owners balconies or properties then, it means that those individual owners will have to pay the cost of that repair themselves to the Owners Corporation fund so that the Owners Corporation can carry out not only the rectification of the Owners Corporation property but also the rectification of the individual owners properties. It might be possible for the Owners Corporation to have the individual owners separately assessed for their individual cost of rectification and arrange bank loans for the individual owners for the money to be paid to the Owners Corporation when the rectification work is carried out if the owners have not made a claim against the builder within the 10 year time limit set out in Section 134 of the Building Act 1993. Contact us at (03)95557233 or at [email protected] for more information.

18.01.2022 Are you developing your suburban block? Putting two dwellings on one suburban block needs an agreement between the owner, the developer and/or the builder which sets out each persons contribution, role and expected outcome. Sometimes, but not always, the developer is the builder. Remember the developer and/or builder wants to make a profit and you, the owner, want a new house. Therefore, its important to remember that throughout the entire build, youll want to protect th...e standard of the construction you get and still leave enough profit in it for the developer. The joint venture agreement should reference both a fully detailed building contract (what kind of taps do you want?) and a separate contract for the sale of land. Remember, land is cheapest when it is vacant. The usual agreement is for the developer/builder to pay all costs when the owner provides the land for the development. Make sure the developer pays the cost of the sub-division, planning and building permits and costs of construction. Once you start to build, costs and potential disputes may escalate. You and your builder have certain rights when it comes to your project. Your contract should help you avoid a number of hazards you may never have considered. Its important that detailed specifications are included as part of the building contract. These may include: Whos going to pay your rent and storage costs if the builder goes belly-up during the development and cant finish the build? What carpets and bench tops do you want in your new house? If you are given documents for this type of development, we can help you make sure you are protected. We understand domestic building contracts and have been helping developers since 1979 we can help you too! Call us at 95557233 or email us at [email protected]! This article provides information that is general in nature and is not a substitute for legal advice. #bayside #highett #builders #construction #law #advice #development #building #owner #block #land #dwelling #developer #melbourne #contract

17.01.2022 Cyber Stalking Its not always how you imagine it to be. Our clients husband purchased a mobile phone for her. Unbeknownst to her, he registered his details on the iCloud which were linked to that phone. This enabled him to monitor every SMS, call, photo captured on the phone and internet page viewed. Because he could access all this information, he kept track of her every move: he was stalking her.... Cyber stalking is a form of domestic violence. The victim should apply for an intervention order restraining that type of behaviour. Always have a password for your phone and if you suspect that someone is stalking you, stop using the phone immediately! If you are a victim of domestic violence, SPEAK to one of our solicitors at 95557233 today for more information #familyviolence #abuse #stalking #interventionorders

17.01.2022 Dangers of terminating a building contract without complying with the prescribed process! We are often contacted by clients and asked if they are able to terminate a contract with their builder (or owner) immediately. Our initial advice is DO NOT do so. It is extremely dangerous to terminate a contract if you do not have a proper cause and the consequences can be disastrous. To read our latest blog post on this issue, visit us at our website at http://www.hassalls.net.au/ or speak to one of our lawyers at 95557233 or email us at [email protected].

16.01.2022 REPUDIATION Have you ever heard of this term? Can you pronounce it? Dont worry if you have never heard of it or are not sure of what the word means. Repudiation is a complicated term and it relates to a particular behaviour of one of the parties to a contract. Read more about it on our website at http://www.hassalls.net.au/blog/repudiation-what-it/. ... Contact our friendly team at 95557233 or email us at [email protected] for assistance.

16.01.2022 Applying for a Divorce? We can help you! You and your spouse may be able to apply for a divorce (dissolution of marriage) if you have been separated for 12 months and more, there is no reasonable likelihood of resuming your marriage and if you satisfy the jurisdictional requirements for the Federal Circuit Court of Australia to make a divorce order. We charge a fixed fee for the Application according to Part 3 of the Family Law Rules 2004 (Family Court Scale of costs)(excludi...ng disbursements) - NOT on hourly rates! This includes drafting the Application along with any accompanying Affidavits, arranging for a process server to serve your spouse with the Application (if necessary), organising the filing service documents at the Court and attending at Court for the divorce hearing (if necessary). If your marriage certificate is not in English we can organise for a translation too. We had a client who paid $200 to a company (not a law firm) they found on the internet to assist her with completing the paperwork, only to accidentally pay for the wrong Application form. She was not able to get her money back. She was also not informed that she had to then make her own arrangements to serve the Application on her spouse which was an extra charge on top of the $200. In the end she decided to come to us to assist her with the documents and to serve her spouse who was evading service. We got her documents in order and attended at the divorce hearing with her and her divorce order was granted. Save yourself the hassle of drafting the Application on your own and arranging for service of the documents all by yourself and let us handle the paperwork. Call us today at 95557233 or email us at [email protected]. This article provides information that is general in nature and is not a substitute for legal advice.

15.01.2022 A Will is worth the effort and cost!! An article titled A Will is worth the effort and cost was written by Noel Whittaker, the author of Making Money Made Simple, and was published in The Sunday Age newspaper on 1 October 2017 (article below). Prior to making a Will, you should consult your financial adviser, accountant and solicitor in regards to the consequences of bequeathing certain assets to certain people. This is because a gift of a lump sum of money may affect a be...neficiarys pension payments. Also, dont forget that marriage automatically invalidates a Will unless the Will was made in contemplation of the marriage (the Will needs to specifically state that). Therefore if you had made a Will prior to getting married, you should make a new Will as that Will is now invalid. If you made a Will prior to obtaining a divorce, any bequeathment that you have made to your former spouse is now revoked unless it appears (from the reading of the Will) that you did not want the bequeathment to be revoked upon the ending of the marriage. Divorce also revokes the appointment made by the Will of the ex-spouse as an executor, trustee, advisory trustee or guardian other than the appointment of the spouse as a trustee of property left by the Will upon trust for beneficiaries that include children of the spouse (section 14(c) of the Wills Act 1997) unless it appears (from the reading of the Will) that you did not want the appointment to be revoked upon the ending of the marriage. It may be time to make a new Will. Contact us at (03) 9555 7233 or email us at [email protected] to speak with our lawyers to make a new Will! #Will #powersofattorney #highett #bayside #lawyers #divorce #marriage

13.01.2022 If you are thinking of separating or have separated from your spouse or de facto partner and are feeling lost and confused about what to do and what step to take next, you should call us on 9555 7233 to make a no obligations appointment to see our family law solicitor Hui Yin Ong to find out what your options are. Hui has been practising in the area of family law, Wills and estates for more than 10 years (and is described by our clients as patient and understanding) and her ...experience includes: 1. Division of assets 2. Parenting arrangements 3. Binding Financial Agreements 4. Binding Child Support Agreements 5. Family Violence Intervention Orders 6. Spousal maintenance 7. Divorce 8. Wills, Powers of Attorney and Probate Hui is available to do outside of hours appointments if requested. Please be assured that anything you tell us is confidential and is protected by client legal privilege. At the outset of a separation, we will explore all options in an attempt to resolve your matter without having to involve the Court (unless necessary). This includes by family resolution, mediation, by correspondence between the lawyers. If you and your ex-spouse/partner are able to come to an agreement, we will confirm those arrangements by preparing and executing Consent Orders with the Court so that those arrangements can be made binding. Consent Orders do not require an attendance at Court and are an economical way of settling your matter. If your matter is not suitable for mediation, we will guide you through the Court process as efficiently and at the least cost to you as possible. If you quote this article when you make your appointment, your first hour consultation is free. Call us on (03) 9555 7233 or email us at [email protected].

12.01.2022 S6Q NOTICES What is an S6Q Notice? It is a default notice that is sent in accordance with section 6Q of the Privacy Act 1988 (Cth). If you owe a creditor an amount that is more than $150, that creditor can do the following: 1. Issue you with a first S6Q Notice as soon as the debt ... becomes overdue; 2. If the amount is not paid within 30 days of the date the first S6Q Notice is issued, they can then send you a second Notice; 3. Wait for another 14 days and then register you on your credit report. This can be disastrous as it will prevent you from obtaining finance. The entry on your credit report automatically lapses on the expiration of 5 years of the date of the entry however, 5 years is a long time when you need to, lets say, apply for a personal loan or refinance. There are other steps that are available to a creditor to pursue the debt - one of them is to issue a proceeding in court. It is important therefore, to act as soon as the first Notice is received and contact us at [email protected] or at 95557233 to obtain advice on your options. Visit our website at www.hassalls.net.au to read more articles! #debtrecovery #notice #credit #loan

12.01.2022 Imagine if it was this easy to get a divorce in Australia... #divorce https://www.google.com.au//india-supreme-court-bans-islami

10.01.2022 Are you earning an income? Do you have children? Are you above the age of 18 years? Do you have assets? Do you have a spouse/partner? If you answer yes to any of the above questions then you need a current Will and Powers of Attorney. Every person over the age of 18 years should have a Will which stipulates who they wish to bequeath their assets to. The Will can also stipulate funeral and burial wishes and it can also explicitly exclude certain people from receiving a benefit... from their estate. At the fixed price of only $750 (including GST), Hassalls Litigation Services will draft 3 documents for you: A Will; A Medical Power of Attorney; and An Enduring Power of Attorney (Financial & Personal). What are you waiting for? Get yourself sorted today and give your family the peace of mind knowing that if anything happens to you, they know what your wishes are. For more information, speak with us today at 95557233. #Will #PowerofAttorney #Highett #Bayside #Moorabbin #Cheltenham #Probate

10.01.2022 Are you building a property for someone? Are you paying a builder to build your home? What are the rights of an owner and a builder? Many builders are under the incorrect impression that there are different structural and non-structural warranty periods, or they can set their own defect period policies. Heres the answers to some common questions about your builder and warranties. Myth 1: Builders can give a fixed warranty period for a period they choose.... No! There is no way of reducing the limitation period set by the Building Act. If a building defect is discovered, a builder cannot limit his liability by putting a term in your contract, his website or advertising material. In fact, any contract clause or advertising that seeks to reduce the warranty or limitation period will be void and of no effect. Myth 2: There is a 10 year warranty so the builder is liable for defects for 10 years. Not quite! There is a 10 year limitation period for building actions. This means legal action in VCAT can be started against a builder anytime up to 10 years of completion of a contract or from a date the certificate of occupancy is issued. The 10 year limitation period does not necessarily mean that you provide a 10 year warranty for your work. What it means is that if a defect is identified in the building, the owner has up to 10 years from the date of the certificate of occupancy (or the completion date) to sue the builder. Myth 3: There is a 2 year non-structural and 6 year structural warranty for building works. Incorrect. These warranties only apply to Home Owner Warranty Insurance [HOW] claims. These time limits do not otherwise apply to claims against builders. HOW is obtained by the builder for your benefit. In short, a HOW policy protects you in circumstances where your builder has died, disappeared or become insolvent. Myth 4: You are not covered by builders warranty if you purchase someone elses new home [under 7 years old]. Incorrect. The implied warranties provided by the builder of a property run with the property not the owner. This means that a new owner of a property can make a claim against a builder, providing they are within the warranty and limitation periods. For more information and/or legal advice, SPEAK with one of our experienced solicitors today at 95557233 #buildingandconstructionlaw #building #ownerbuilder #Highett #law #bayside #moorabbin #cheltenham #brighton #homeownerwarrantyinsurance #buildingdefects This article provides information that is general in nature and is not a substitute for legal advice.

10.01.2022 REPUDIATION Have you ever heard of this term? Can you pronounce it? Don’t worry if you have never heard of it or are not sure of what the word means. Repudiation is a complicated term and it relates to a particular behaviour of one of the parties to a contract. Read more about it on our website at http://www.hassalls.net.au/blog/repudiation-what-it/. ... Contact our friendly team at 95557233 or email us at [email protected] for assistance.

09.01.2022 Parenting matters during the COVID-19 pandemic One of the questions our clients have asked us most often during this pandemic, is whether parents who have court orders in place are allowed to depart from those orders, in circumstances where their children have presented symptoms of coronavirus, or have been in close contact with a person who has tested positive for coronavirus. Communication is key... Firstly, if your child is presenting with symptoms of coronavirus, or has been in close contact with a person who has tested positive for coronavirus, you should communicate this to the other parent as soon as possible. Get tested Secondly, you, your child, and every person living in the same household should attend at a testing centre and be tested. After the test, all of you must go straight home and stay in isolation/quarantine until the test results are returned. Whilst you are waiting for the test results If there are parenting orders in place then they should always be adhered to unless there is a reasonable excuse not to do so (section 70NAE of the Family Law Act 1975). An example of that is if a health professional has directed that you and the child/children must go into quarantine/isolation for a period of time, then in the circumstances, there is a reasonable excuse to depart from/vary the parenting orders in order to comply with the health directive. If you are seeking to temporarily depart from/vary the parenting orders, you should: 1. Contact the other parent and keep them informed about the testing and receipt of testing results; 2. Ensure that the children can communicate with the other parent via telephone, video conferencing and/or by other electronic means; 3. Offer make-up time to the other parent after your child has tested negative/has recovered; and 4. Keep all communications, including any agreement about any new parenting arrangement between you and the other parent, in writing. The children’s best interests are paramount. Parents are expected to communicate with each other and attempt to reach a practical solution to these issues to ensure the safety and wellbeing of the children (if possible). Start putting COVID arrangements in place with the other parent now. Contact us at 95557233 for advice or to assist you in communicating with the other parent. This article provides information that is general in nature and is not a substitute for legal advice.

05.01.2022 Does someone owe you money and you are having trouble recovering your debt? Hassalls Litigation Services has a low-cost "Demand letter service" which may solve your problem #debtrecovery #demandletter #Highett #debtcollection Click the link here to find out more: http://www.hassalls.net.au/blog/easier/

03.01.2022 Buying a house is an exciting time, especially if it is your very first property purchase. It is therefore, very disappointing if you discover building defects once everyone settles in and wants to enjoy the house. In order to begin to address this issue you need to obtain a copy of an occupancy permit. The reason for that is that the builder is only responsible for rectification of defects for a period of 10 years of the date of the occupancy certificate (or a certificate o...f final inspection). It is very important that you locate this information as quickly as possible due to the fact that once the 10 year period expires you will no longer be able to have the builder address the defects. If you are well within the 10 year period, you need to contact the builder and advise them of the issues. The builder will attend your property for the purposes of inspection and will advise you if the items are defective and of any proposal. If the builder is not willing to attend the property, you will need to lodge a complaint with the Domestic Building Dispute Resolution Victoria (DBDRV) at https://www.dbdrv.vic.gov.au/. This is a free service, however, it is preferable to obtain legal advice before lodging any application to a dispute resolution body. For more information, please head to our website at http://www.hassalls.net.au//we-bought-house-and-there-are/ or contact one of our friendly solicitors at 95557233 or by email at [email protected] #builders #firsthomebuyer #buildingdefects #DBDRV #disputeresolution

01.01.2022 What is a Grant of Probate? The experience of losing a loved one can be very traumatic. If that person has appointed you as executor of his or her Will, besides having to organise the funeral, you would also be in charge of applying for a Grant of Probate (if necessary), collecting in the assets of the estate, paying the liabilities of the estate, filing tax returns, notifying Centrelink (if applicable), going through the deceaseds personal belongings, distributing the estat...e to the beneficiaries etc. whilst you are grieving with your loss. It is a heavy responsibility. We can help. Refer to the blog article on our website here: http://www.hassalls.net.au/blog/what-grant-probate/ as to what a Grant of Probate is, if it is necessary and what steps need to be taken to apply. Call us at 9555 7233 or email us at [email protected] for support during this difficult time.