HERAS Law in Sydney, Australia | Lawyer & law firm

HERAS Law

Locality: Sydney, Australia

Phone: +61 424 443 551

Address: Level 23, 52 Martin Place 2000 Sydney, NSW, Australia

Website: http://www.heraslaw.com

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25.01.2022 Thinking of buying a property and ever wondered how to save on stamp duty? Check out the latest article from HERAS Law about stamp duty exemptions and concessions. Link below! http://www.heraslaw.com.au/exemptions-concessions-stamp-du/

25.01.2022 On 30 May 2018 Attorney-General Mr Christian Porter announced the grand plan of replacing Family Law Court and Federal Circuit Court with a joint Federal Circuit and Family Law Court of Australia starting in January 2019. The new system promises to "increase efficiency of the federal family law system by up to a third" and allow up to 8,000 new cases to be resolved each year. Victorian Bar has welcomed the changes. Law Council of Australia and NSW Law Society reserve commen...ts pending further details. We await the critical clarification as to which procedural rules the new court be bound by and when will the new rules (if any) be passed. Looking forward to hearing more details about what will be the biggest change in the court system in Australia for many years.

22.01.2022 HERAS Law successfully advocated for its vendor-client and relieved them from liability to pay for special strata levies post-settlement without jeopardising the deal. Two hours before cooling-off period expired we received a proposal to amend contract terms. It purported to remove a special condition that makes it purchasers responsibility to pay special strata levies post settlement. We included the condition to protect our vendor-client. We sought urgent instructions fro...m our clients, but they were unavailable to take calls. During this time, we kept all the parties informed about the progress to manage time pressures. We persisted with calls and emails, reached the client, clearly explained the amendments, and obtained instructions before the cooling-off period expired. Through our transparent communication, ability to agilely respond to changes, and to maintain the pressures, we were able to complete the sale while removing the vendors liability to pay for special strata levies. We advocate for our clients and we strive to achieve the best outcomes in their conveyance. Wonder how we can help you with your conveyance? Get in touch now on 02 8705 5432

22.01.2022 600% increase in training requirements for new real estate agents entering into the industry.

22.01.2022 An easier more efficient way to manage and share child rearing expenses for separated parents. This app allows you to upload receipts and keeps an electronic record that parents can rely on.

21.01.2022 Given the Queensland Government's response to every single challenge to the gendered narrative of domestic violence, this is a massive leap forward. Thanks to the member who brought this to our attention. Violence has no gender.

19.01.2022 Buying off-the-plan property is risky. This makes picking the right builder crucial to a successful future home. NSW government has introduced a tool that allows purchasers top check whether their building projects (over $20,000) are covered by insurance. This protects them if the builders company becomes insolvent, disappears or looses licence. Clink on the following link to check if you are protected: https://hbc.onegov.nsw.gov.au/#/dashboard Stay tuned for the next week'...s article from HERAS Law where we will explain what to consider when buying off-the-plan! https://www.domain.com.au//new-tool-helps-homeowners-prot/

18.01.2022 Housing prices in Sydney continue to slow down especially as purchasers starting to feel the impact of tighter lending policies. http://www.abc.net.au//australian-housing-prices-s/9496392

18.01.2022 New Low Rise-Medium Density Building Code to be implemented in NSW

17.01.2022 Debunking divorce and separation myths. Tip #1. The starting point when dividing assets following separation after a long marriage is 50/50....FALSE. The High Court in Mallet v Mallet (1984) set the precedent that there is no presumption of equal division of assets after a long marriage. What this means is that the Court will not start from the position of a 50/50 split and then adjust the percentage from there. Each case will be examined and determined on its individual meri...ts. The financial and non-financial contributions of each party will be examined, and the Court has very wide discretion when deciding how to adjust the division. If you have questions about the above, and need some guidance, please do not hesitate to contact us.

17.01.2022 My ex told me I will be arrested if I try and take the kids overseas without their consent. Is this true? The Family Law Act states that if there are parenting orders in force or if parenting proceedings have been commenced in court, then it is a criminal offence for a party to those orders or proceedings (usually a parent) to take a child out of Australia in circumstances where the other parent hasn't provided authenticated written consent unless you have an order permitting... you to take the child out of Australia. The penalty is 3 years imprisonment. Failed attempts to take the child out of Australia are punished in the same way. Any person acting on behalf of the party to the orders or proceedings, or who aids a person in their attempt, is also committing an offence. What about if you have consent or an order to take the children out of Australia but then keep them longer then you are supposed to? This is also a criminal offence if parenting orders are in force or parenting proceedings have been commenced. The only defence to these crimes is if the person took the child out of Australia to prevent the occurrence of family violence and the conduct was reasonable in the circumstances as perceived by the person. What if you have already gone overseas with the child but there are no parenting orders in force and parenting proceedings weren't commenced when we left Australia? This is not considered a criminal offence. Always, the above information is general in nature and you should always contact a solicitor for specific advice in relation to your particular circumstances before taking any action. Legislation starting point: Part VII, Division 6, Subdivision E of the Family Law Act 1975 (Cth)

17.01.2022 Debunking divorce and separation myths. Tip #2. I worked full-time and paid for all the bills and mortgage repayments throughout our relationship. He was unemployed the whole time and I supported him. I should get the house....FALSE The Family Court determines whether property interests should be altered after considering what contributions each party made to the property pool and what are the future needs of each party. Financial and non-financial contributions to the proper...ty pool and contributions to the welfare of the family will all be relevant. (1) Usually the process will start with the Court identifying what the total property pool is comprised of (assets and liabilities) and what the values are of each item. In some cases, you may be able to make an argument as to why a certain asset should not be included in the pool for division between the parties - i.e. to quarantine the asset. (2) In Step 2, the Court will consider how much each party contributed to the property and welfare of the family in terms of $$ and personal exertion. The Court will then usually arrive at a percentage identifying what each party's property interests really reflect (notwithstanding legal title). (3) This percentage may then be adjusted to take into account the future needs of each party. The relevant factors are set out in section 75(2) of the Family Law Act for married couples and s90SF(3) for de facto couples.An adjustment is typically in the range of 5% to 15%. The Court has discretion to apply an appropriate adjustment, meaning it is not constrained by past case precedents. (4) Finally the Court has to make a determination as to whether the property orders are just and equitable in all the circumstances. A further adjustment made be made if necessary. This is also a discretionary matter for the Court. Further, any order the Court makes must be "appropriate". If you have questions about the above, and need some guidance, please do not hesitate to contact us.

14.01.2022 The High Court of Australia handed down a decision om 13 August 2020 clarifying how paid personal/carer's leave is accrued and taken under the National Employment Standards (NES): Mondelez Australia Pty Ltd v AMWU & Ors [2020] HCA 29. 10 days of personal/carer's leave is calculated based on an employee's "ordinary hours" of work, not working days. 10 days of personal/carer's leave is calculated as 1/26 of an employee's ordinary hours of work in a year.

14.01.2022 Australia is the 3rd least affordable country in the world.

12.01.2022 Latest statistics show that the ideas behind the recent legislative change that the government brought about in an attempt to help first home owners worked! The survey suggests that first home owners are replacing foreign buyers. Look out for our article next week where HERAS Law will explain the regulations that brought about this change, and how it may help you or otherwise affect you!... http://www.smh.com.au//first-home-buyers-rule-the-cooling-

10.01.2022 Big news in Family Law - a shake up of the entire system. An amalgamation of the Federal Circuit Court and Family Court of Australia!

10.01.2022 (copied from NSW Law Society notice) We have had several queries about this from clients and I will be providing updates on the proposed changes to the electronic transactions legislation shortly. Transactional work and social distancing Many members have contacted the Law Society regarding social distancing during transactions including creation of wills and powers of attorney, and the appointment of enduring guardians. The Law Society raised these concerns with Government, ...which moved to include provisions in the COVID-19 Legislation Amendment (Emergency Measures) Bill 2020. The Bill includes a regulation-making power in the Electronic Transactions Act 2000 to provide for altered arrangements for the signature, witnessing or attestation of documents, and can include documents referred to under the Oaths Act 1900, Guardianship Act 1987, Succession Act 2006, Powers of Attorney Act 2003, Conveyancing Act 1919, or any other Act administered by the Attorney General. The Law Society will work with Government to enact such regulations as soon as possible. See more

10.01.2022 Yesterday, HERAS Law successfully defended a mechanical repairer against three claims of breaching consumer warranties under the Australian Consumer Law. The court accepted our arguments that it is not enough to show that a customer's vehicle was not fixed upon collection from a repair shop. There must be expert evidence that expresses an opinion that the actions of a repairer lacked due care, that the services were not fit for the purpose and that the services were delivered outside reasonable time frames.

09.01.2022 Family law often involves people entangled in toxic family dynamics. This article was an educating read on how to spot the signs and like the anonymous quote states "You are allowed to walk away from people who hurt you."

08.01.2022 The amendments to Environmental Planning and Assessment Act 1979 came into effect on 3 April 2018. The changes affect planning certificates, previously known as s 149 certificates. Some of these form part of the mandatory vendor disclosure. Planning certificates will now be names s10.7 certificates following this amendment. Look out for the differences!

08.01.2022 COVID-19: Registrar listings and Child Dispute Services (CDS) events FROM THE FAMILY COURT OF AUSTRALIA AND THE FEDERAL CIRCUIT COURT OF AUSTRALIA Managing the health and safety of the community, Judges and staff is our priority. Due to the escalating situation regarding COVID-19, and in anticipation of any further measures announced by Government, some urgent operational arrangements will be put in place effective immediately (unless otherwise noted) across the Family Court ...Continue reading

08.01.2022 FAMILY LAW MATTERS- If you have scheduled court appearances at the Federal Circuit Court or Family Court of Australia in the coming months please check with your lawyer, the Commonwealth Portal and the relevant website depending on where your matter is being held to determine whether the matter is to be conducted via telephone, video, or proceeding to in-court attendance with social distancing principles being applied. http://www.federalcircuitcourt.gov.au//online-services/c...ov http://www.familycourt.gov.au//online-/covid/covid-news-hp

06.01.2022 Buying off-the-plan and confused about what you need to know and how is this different from the purchase of an existing home? As promised, HERAS Law has written a point summary of considerations for off-the-plan purchases to help you. http://www.heraslaw.com.au/buying-off-plan/

04.01.2022 Read our latest article - Is it OK to post online about my family law matter?

02.01.2022 We support accreditation for supervised contact services. Even Uber will not hire drivers with an ADVO.

01.01.2022 Debunking divorce and separation myths. Tip #3. You have to be living with someone for 2 years to be classified as a de facto relationship...FALSE The Court takes into consideration a number of factors as set out below in deciding whether two people were in a de facto relationship, and no one particular factor has more weight then the other:... (a) the duration of the relationship; (b) the nature and extent of their common residence; (c) whether a sexual relationship exists; (d) the degree of financial dependence or interdependence, and any arrangements for financial support, between them; (e) the ownership, use and acquisition of their property; (f) the degree of mutual commitment to a shared life; (g) whether the relationship is or was registered under a prescribed law of a State or Territory as a prescribed kind of relationship; (h) the care and support of children; (i) the reputation and public aspects of the relationship. However, a court may only make an order property alteration or a declaration that a de facto relationship did exist if it is satisfied that either: (a) they were in such a relationship for at least 2 years (in total); OR; (b) the relationship was registered; (c) there is a child of the relationship; OR (d) the applicant made substantial contributions to the property pool and not making an order would result in a serious injustice to the applicant; AND the couple meet the requisite geographical requirement (e.g. must be resident in Australia [not WA]). Contact us at Heras Law if you have any questions about whether your relationship would meet the Family Court's criteria for a de facto relationship.

01.01.2022 Tips for family law litigants: Filing affidavits in the Family Court of Australia (FCA) Rule 15.08(1) of the Family Law Rules (FLR) sets out that an affidavit must:... 1. Be divided into consecutively numbered paragraphs. 2. You should also aim to, as far as possible, confine each paragraph to a distinct part of the subject matter. 3. Dont forget add the identification components of the affidavit on the first page - the file number of the case, full name of the party on whose behalf your filing the affidavit, and the full name of the deponent. 4. There should be a jurat at the end of the affidavit specifying the name of the witness before whom the affidavit is sworn and signed, as well as the date and place it was signed. 5. You must also report the name of the person who prepared the affidavit. Rule 15.08(2) states that a document to be used in conjunction with an affidavit and tendered in evidence in a proceeding must be identified in the affidavit and (since 1 March 2018) must not be attached or annexed to the affidavit, or filed as an exhibit to the affidavit. So you should only file the affidavit without any attachments to the court. However, you will need to serve a copy of the sealed affidavit and a hard copy of any documents referred in the affidavit on each person that needs to be served at the same time (Rule 15.08(3)). An affidavit must be sworn by the deponent in the presence of a witness, signed at the bottom of each page by the deponent and witness, and filed after it is sworn (rule 15.09(1)). Any changes must be initialled by the deponent and witness (Rule 15.09(2)). A reference to a date, number or amount must be in figures (Rule 15.09(3)). Filing affidavits in the Federal Circuit Court (FCC): Much of the rules in the FCC mimic that found in the FLR. For example: 1. That paragraphs be numbered consecutively and confined to a distinct subject part (Rule 15.25). 2. Contain a jurat (Rule 15.26(2)(a) 3. Be signed by the person making the affidavit and the witness on every page and at the jurat (Rule 15.26). 4. Initial hand written changes to the affidavit by the deponent and witness. In contrast to the Family Court of Australia, documents referred to in the affidavit as annexures must be annexed to the affidavit (Rule 15.28(1)). If its impractical to annex the document then it may be made an exhibit (Rule 15.28(2)). A document annexed or exhibited to an affidavit must be served with the affidavit (Rule 15.28(6)). General advice as to structure: You should always aim to structure the affidavit from start to end in a manner that is relevant to the type of proceedings, or the message you are trying to convey. The typical approach is to present information in a chronological order and to use topical subheadings. The type of headings you employ should directly relate to the elements required to satisfy each order sought.

01.01.2022 From 1 August 2018, family and domestic violence leave will be included in industry and occupation based modern awards. The changes allow employees experienci...ng family and domestic violence to access up to 5 days of unpaid leave to deal with its impacts. This includes (but isnt limited to) taking time off to: - make arrangements for their safety, or the safety of a family member - attend court hearings - access police services. You can find more information about the domestic and family violence leave changes and who they apply to here: https://www.fairwork.gov.au//new-unpaid-family-and-domesti Confidential information, counselling and support for people impacted by domestic and family violence is available at www.1800respect.org.au