Kingston Lawyers Pty Ltd in Cheltenham, Victoria | Lawyer & law firm

Kingston Lawyers Pty Ltd

Locality: Cheltenham, Victoria

Phone: +61 3 9585 6455

Address: 8 Station Road 3192 Cheltenham, VIC, Australia

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

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25.01.2022 The vacant residential land tax only applies to 16 municipalities in Melbourne, all of which are mostly inner suburbs. This does not include aged care facilities.

24.01.2022 High Court allows man to again sue Google

24.01.2022 A bit harsh? Or in everyones interest? The Biosecurity Act 2015 permits extreme powers for Government which Aussies are not used to experiencing. In fact Australians love their freedoms and will fight hard to protect them. We think a warning may have been a more appropriate outcome at this stage. We also believe that the police officer involved should not be criticised for doing what they thought was the correct thing to do.

23.01.2022 We are delighted to introduce our newest team member Rebecca Cleary (right) who has joined us as a trainee lawyer. Rebecca is already making a very positive contribution to our team and we look forward to watching her career develop into the future. Bec is seen here with another star trainee Brianna Mardones who has recently successfully passed all of her university law subjects!

23.01.2022 Estate Agent ordered to compensate Vendor client A recent FCCA Case highlights the ethical responsibilities owed by estate agents to their clients. An agent sold a property on behalf of a Vendor to a company associated with the agents relative. The sale was for 25% less than market value. The agent claimed they disclosed this to the Vendor but the Vendor denied this in Court. The judgement of the Court was that the agent did not inform the Vendor of the relationship and the agent was ordered to pay compensation to the Vendor of the true value of the property, plus penalty interest and legal costs. As most experienced estate agents would know, transactions should be at arms length and for the correct consideration.

23.01.2022 CORONAVIRUS UPDATE As part of our strong commitment to our very valued clients we are pleased to offer telephone appointments with all of our friendly solicitors. Call 9585 6455 to schedule a time for one of our team to call you at a convenient time.

22.01.2022 Enjoying our end of year celebrations. Merry Christmas to all our clients and supporters. Best wishes for the new decade!

22.01.2022 We express our deepest sympathies to the families, friends and co-workers for the tragic events which occurred in Kew yesterday and we acknowledge the tireless work done by our police force to keep our community safe.

21.01.2022 With recent changes in your life, it is more important that ever to make sure your Will reflects where you are at.

21.01.2022 Today team members had a short work team meeting not to discuss work, but to discuss how everyone is going during lock down. Spirits were high as we contemplated the future of legal practice in a post corona time! Keep safe and well everyone!

21.01.2022 Happy New Year to all of our wonderful clients, team members and their families. Thank you for your continued support of our growing firm. We hope that 2018 brings good health, success and happiness for you and your loved ones. This year we have celebrated some wonderful milestones and achievements. 2018 will see the addition of some outstanding new lawyers to the team. We will continue to provide exceptional customer service where we will always put our clients’ first! If you have any legal matters please do not hesitate to contact us for a free initial discussion and then a fixed quote for your matter.

20.01.2022 Interesting ruling from the USA where a Judge has ruled some Covid 19 restrictions are unlawful and not enforceable.

20.01.2022 We would like to convey our heartfelt congratulations to our new barrister and solicitor of the Victorian Supreme Court Mr Jake Harris. Congratulations Jake! Jake is a very capable lawyer and looks forward to being of service to our valued clients.

19.01.2022 DID YOU KNOW THAT YOUR SUPER DOES NOT FORM PART OF YOUR ESTATE WHEN YOU DIE? By Bec Cleary Kingston Lawyers When making or updating your Will, it is important to remember that your superannuation does not automatically form part of your Estate. This means that, in order to determine who receives your superannuation payment after you die, you must complete a Binding Death Benefit Nomination form. In this form, you must instruct your superfund to distribute your superannuation... entitlements in accordance with your Will after your death. If you do not make a nomination as to who should receive your superannuation entitlements, the Trustee of your super fund will determine who should receive the payment, based on superannuation laws. This could mean that someone you dont intend to provide for could receive one of your biggest assets. To make sure your superannuation will be distributed the way you want, contact Kingston Lawyers on (03) 9585 6455. See more

18.01.2022 Conveyancing done easy with PEXA. Another settlement done and dusted with a few more this week!!

18.01.2022 Do you know about the Victorian Government’s Young Farmer’s Stamp DUTY Concession scheme? We recently obtained a refund from the Government of more than $30,000.00 in stamp duty they had paid when they bought their farm! If you think that you might be eligible, give one of our delightful conveyancers a call on 9583 4222 now!

18.01.2022 Borce Ristevski received a six (6) year sentence in relation to the death of his wife of 27 years Karen. Do you believe this sentence is adequate? Manslaughter means there was no intention to kill whereas with murder you intend to kill a person.

17.01.2022 Make your Will and Power of Attorney today. Call 9585 6455 for our free Will booklet.

17.01.2022 The Fair work Commission had over 25 million customer interactions in the year 2015-2016. Have you checked your employment contract to make sure your employer is abiding by the regulations?

17.01.2022 Natural disasters can strike at any time without any warning, often throwing our lives into peril. On average natural disasters are estimated to cost the Australian economy $11 billion per annum. Lower than forty percent of these costs are met by insurance. Be sure to check the coverage in the terms and conditions of your insurance policies today to protect yourself against disasters, and ensure where tragedy strikes, misfortune is not exacerbated.

17.01.2022 What's in a name? WHAT NAME CAN I USE FOR MY NEW BUSINESS? Happy New Year to all of our valued clients and partners. At this time of year plans are often made for the future. This will sometimes involve starting a new business. A question often asked is - What should I call my new business?... Under subsection 147 (1) of the Corporations Act there are restrictions on what you can call your new business. Obviously, you cannot give your new business the same name as an existing business. So if you try to register "Google" or "Coles" your name will be rejected by ASIC. In addition you cannot use some special words like any associated with the Royal Family, or Don Bradman, Saint Mary Mackillop, the Police, an Aboriginal Corporation, Trust, Executor, Co-Operative, RSL & ANZAC, or any Government department. The above is not exhaustive. Please contact us for any assistance with your proposed new business name on 9585 6455. We will be pleased to assist you with the registration process and to get your business moving forward from day one. See more

16.01.2022 To all our clients, supporters and our team members

16.01.2022 Getting used to appearing in Court remotely has been a challenge but the KL team has been stepping up to the plate and doing well adjusting to new technologies.

16.01.2022 An official Bushfire Disaster Appeal has been set up in response to the overwhelming request from our generous community who are wanting to make donations. Expe...rience tells us that donation of money is much more effective and provides more flexibility than the donation of material items or pre-loved goods. If you would like to donate to the Bushfire Disaster Appeal you can do so here: http://emergency.vic.gov.au/relief/#donations

16.01.2022 Planning a holiday? Make sure you have up to date Power of Attorney documents. Call us today for our free booklet on how to make these vital documents 9585 6455. And safe travels...!

15.01.2022 No discounted sentences.... Tough new criminal law proposals by Matthew Guy MP

15.01.2022 Out of the 9,943,291 Australians that visited overseas with travel insurance in 2016, only 40% were insured properly. Check the terms and conditions of your insurance contract today to ensure you’re not at risk of being hit in the hip pocket at a time of need.

14.01.2022 Who knows what tomorrow will bring? This is why it is so important to have a valid Will and Power of Attorney (POA) in place. Call 9585 6455 for our free Will and POA booklet. Our prices are fixed. We will be happy to discuss further with you and look forward to doing so.

14.01.2022 Some of the KL team enjoying a lunch to bid farewell to Ivy who is moving to Newcastle, NSW to continue her legal career. Well done and thank you Ivy and good luck for your future the whole team will miss you!

14.01.2022 Binding Financial Agreements (Prenups) are a way of protecting your finances in the event of a relationship breakdown. Think of it as a way of relationship insurance. Email us for further information!

13.01.2022 Wishing all of our valued clients, families and friends the compliments of the season! Here’s to a very happy and healthy 2021!

12.01.2022 RECENT SUCCESSFUL CASES FOR KINGSTON LAWYERS CLIENTS In family law, clients have a choice to either settle their cases out of Court, or to bring their matters before the Court. At Kingston Lawyers we generally try to assist our clients to settle cases out of Court if this is at all possible, but sometimes our clients have no choice and need to argue their family law cases in Court.... Below we list some recent successful family law cases involving our clients*. Abalos & Halder [2019] FamCA 963 (13 December 2019) Kingston Lawyers acted for a young woman whose de-facto relationship had broken down. Her former partner unsuccessfully asserted that the relationship was of less than two (2) years duration, but the Family Court found that in fact the relationship existed for more than three (3) years and our client was successful. Radcliffe & Sablan [2019] FCCA 2985 (24 October 2019) Kingston Lawyers acted for a Husband in property settlement proceedings. The Wife unsuccessfully claimed that the asset pool was much larger than it was. The Wife also accused the Husband of being wasteful with their marriage assets. These arguments of the Wife were not sustained. Our client was successful on all points. Whent & Marbrand [2018] FamCAFC 95 (25 May 2018) Kingston Lawyers acted for a Wife in property settlement proceedings following an eight-year relationship. Our excellent client was able to demonstrate that because of the Husbands wastage of assets, he should receive none of our clients assets upon a division of their property at the conclusion of the marriage. The Court agreed with our client and the Husband was ordered to pay our clients legal costs. This was an appeal to the Full bench of the Family Court of Australia from an earlier decision of Judge Williams (now Her Honour Justice Williams). Please note that these are not our clients real names, it is the Courts practice to anonymize parties before the cases are made public on the internet * If you need assistance with your property or parenting matters, please telephone 9585 6455 or email us at [email protected]

12.01.2022 Some of the younger members of the KL team getting ready to run the Victorian Law Institute annual fun run!

12.01.2022 These are challenging times for all Victorians. We hope that everyone keeps safe and looks after their physical and mental health. Our team are continuing to provide legal assistance in all our practice areas and remain at your service. We now have an after hours service for any urgent enquiries please call 9585 6455. Keep well everyone. Together we will get through this!!

12.01.2022 WHAT IS DEFAMATION? Defamation occurs where someone hurts the reputation of another by spreading false information about them. The offending party may say things in public, in writing or on social media. If someone has defamed you, then you can sue them for damages and to stop the defamation from continuing. You should be aware that it is not possible to defame a dead person. This is why sometimes when famous people die, the media "tell all" about their personal lives with no fear of being sued. You should be careful with every online post especially if what you are writing could be misinterpreted.

12.01.2022 The State Revenue Office are establishing a national register of foreign ownership for titles. Foreigners are defined as people who are not citizens or permanent residents

11.01.2022 The High Court has found that the guilty verdict against Cardinal George Pell was unsafe and he will now be released from prison. People may well ask how our Justices on the High Court of Australia can overrule the decisions of juries and lower Court Judges? Not unlike the Catholic Church our judicial system is a hierarchical structure and decisions of the High Court are final. Having been acquitted, Pell cannot face these charges again.

11.01.2022 The KL team working remotely - stay safe everyone !

11.01.2022 Probate applications are being lodged online from today! Jake, Bec and Brianna lodged three applications for probate of Wills online today. The procedure is that all documents are submitted electronically including a certified copy of the original Will. We must then forward the ORIGINAL Will via registered post to the Supreme Court for verification. Well done team as usual early adopters of new technology! Be sure you update your Will if your circumstances have changed. Call 9585 6455 for a Will meeting with our friendly team .

11.01.2022 To all medical, hospital and other health workers we salute you! Thank you for saving so many lives. Please everyone stay safe during this difficult time. Together we will get through this to many much happier days ahead.

10.01.2022 Here's to strong women, may we know them, may we be them, may we raise them #InternationalWomensDay

10.01.2022 We hope that all of our clients and colleagues are keeping safe and well. There will be better times soon. All of our team are working from home until 16 September and we will be pleased to schedule a Zoom or MS Teams conference with you.

09.01.2022 New legislation to be introduced by the Police Minister today.

09.01.2022 Get your personal documents in order take advantage of this August promotion

09.01.2022 We welcome our newest member to the team Ms Samantha (Sam) Guo. Sam has a particular interest in family law and is a very welcome addition to our growing law practice. Sam is seen here with our Mr Stephen Lucas and Ms Weng-Yi Wong.

09.01.2022 Back into Court! Jayden and Ivy physically attended the Broadmeadows location of the Victorian Magistrates Court today and successfully defended a case against our client. Well done to these two outstanding young lawyers on a great result.

08.01.2022 Happy Easter from all the team at KINGSTON Lawyers. Please stay safe and well everyone.

08.01.2022 Congratulations to our Elly McQuinn who passed her final 5 subjects at university whilst working full time. Elly now officially holds a Law Degree and a degree in Criminology. She is currently undertaking her College of Law course and is expecting to be admitted mid 2018. We are very proud of her achievements and are excited to see what her career holds.

08.01.2022 EMPLOYMENT LAW Q & A In dealing with Employees it is critically important to keep communication lines open and to negotiate with them having regard to their employment contract or awards or EBAs. 1.S. 524 of the Fair Work Act permits an employer to stand down an employee if there are matters in the economy which are beyond their control. This is such a time. 2.Employees who are sick should be paid personal sick leave. ... 3.Employees who are owed annual leave may choose to take it with the agreement of the Employer, or to take unpaid leave. 4.The Employer and the Employee may agree for staff to work remotely. 5.Casuals do not have to be paid anything on termination, the casual employment contract finishes at the end of every shift/day. However, some employers may choose to make casuals permanent. 6.This will be a tough time but we will get through it with rational and clear thinking. 7.Australia will bounce back from this dreadful time, and Employers who are loyal to their team will be rewarded by having excellent staff continue with them in the better times. See more

07.01.2022 Well done to our conveyancing team, putting in an awesome effort to finish the year off with yet another PEXA settlement!

07.01.2022 Notice to all Executors: It is critically important in the management of deceased estates that the deceased's own home is sold within two years of the date of death otherwise the estate has to pay the capital gains tax

07.01.2022 DO NOT DIE WITHOUT A WILL Every year, thousands of Victorians die without having made a Will. Making a Will is a relatively inexpensive exercise, please call us on 9585 6455 or email [email protected] for more information on the cost and the process of making a valid Will.

06.01.2022 Your team are your most valuable resource. Are your Employee procedures up to date and lawful? At Kingston Lawyers we can help you update and tailor a Human Resources Manual to ensure that your workplace policies are clearly understood and implemented by your entire team. Prices start from $499.00 including GST. Get started today. Please contact us at [email protected] and we will send you more information on this vital resource for your business.

06.01.2022 How has the pandemic affected my legal matter? By Brianna Mardones (Trainee Solicitor Gold Class) Throughout the pandemic, we have been frequently asked how the restrictions will affect an ongoing legal matter with us. ... Owing to the Stage 4 restrictions currently in place in Victoria, we are currently unable to attend our office. However, all our team members are working remotely on your matters. We have continued to meet with our clients via Zoom and conduct telephone conferences. Without leaving the comfort of your own home, you can access excellent legal advice. What if I have a matter which is before the courts? While we cannot physically attend the courts (unless deemed urgent by the court) or other dispute resolution methods like mediation, these are now conducted via Zoom/Microsoft Teams/Web EX or Telephone or other software. We have conducted successful mediations and have attended many hearings before the courts (Including a Full Court Appeal involving three senior Judges) during the lockdown. If you have any legal issue which you need assistance with, please contact our office on 9585 6455. Our friendly staff will be happy to arrange a consultation with one of our experienced lawyers.

06.01.2022 An important reminder...Let 2019 be the Year you get your affairs in order

06.01.2022 FAMILY LAW: FAMILY VIOLENCE AND COVID-19 Due to the pandemic, families are facing big adjustments. Some families may be exposed to or be a victim of family violence. Family Violence is the emotional, financial, physical, or sexual violence against another. It can also be coercive, controlling, emotional or psychological behaviours from another person or your intimate partner. During the pandemic if you are experiencing family violence, the Victoria Government have made it cle...ar you can leave your home to escape. You will not be fined for doing so. Safe Steps provides accommodation options during isolation. Their contact number is 1800 015 188. If you or someone you know is impacted by family violence or domestic violence, you can call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au. In an emergency, call 000. If you require any legal advice please contact our office on 03 9585 6455.

06.01.2022 The conviction of Cardinal George Pell serves as a timely reminder that in a civilised society all people regardless of their status are treated equally by the law. It is very likely that Cardinal Pell will be sentenced to a term of imprisonment tomorrow following his plea in mitigation hearing. He will be entitled to call character witnesses who will seek to attest to his otherwise good character notwithstanding these shocking crimes. The victim will also be entitled to state how the crimes have impacted his life and health. How long he goes to prison for will be a matter for Chief Judge Peter Kidd. His Honour when a lawyer successfully prosecuted the murderers of Police Sergeant Gary Silk and Senior Constable Rodney Miller.

05.01.2022 Our team members speak many different languages. Trainee Lawyer Weng-Yi (Who studied in Germany) has been communicating with some German clients for the past week only in the German language. Our clients are very pleased to converse in their mother tongue over important legal matters.

05.01.2022 Problems at your workplace? Have a no obligation talk to us to see if we can help. Phone: 9585 6455

04.01.2022 Getting ready for several pre trial mediations today

04.01.2022 If you are building or renovating you have two years to complete the building works or renovations before you have to pay the vacant residential land tax. The tax is 1% on the full value of the property.

04.01.2022 Our lawyers and our other magnificent team members are still working remotely. Please email [email protected] or phone 03 9585 6455 for help with your legal matters.

04.01.2022 RECENT SUCCESSFUL CASES FOR KINGSTON LAWYERS' CLIENTS In family law, clients have a choice to either settle their cases out of Court, or to bring their matters before the Court. At Kingston Lawyers we generally try to assist our clients to settle cases out of Court if this is at all possible, but sometimes our clients have no choice and need to argue their family law cases in Court.... Below we list some recent successful family law cases involving our clients*. Abalos & Halder [2019] FamCA 963 (13 December 2019) Kingston Lawyers acted for a young woman whose de-facto relationship had broken down. Her former partner unsuccessfully asserted that the relationship was of less than two (2) years duration, but the Family Court found that in fact the relationship existed for more than three (3) years and our client was successful. Radcliffe & Sablan [2019] FCCA 2985 (24 October 2019) Kingston Lawyers acted for a Husband in property settlement proceedings. The Wife unsuccessfully claimed that the asset pool was much larger than it was. The Wife also accused the Husband of being wasteful with their marriage assets. These arguments of the Wife were not sustained. Our client was successful on all points. Whent & Marbrand [2018] FamCAFC 95 (25 May 2018) Kingston Lawyers acted for a Wife in property settlement proceedings following an eight-year relationship. Our excellent client was able to demonstrate that because of the Husband’s wastage of assets, he should receive none of our client’s assets upon a division of their property at the conclusion of the marriage. The Court agreed with our client and the Husband was ordered to pay our client’s legal costs. This was an appeal to the Full bench of the Family Court of Australia from an earlier decision of Judge Williams (now Her Honour Justice Williams). Please note that these are not our client’s real names, it is the Court’s practice to anonymize parties before the cases are made public on the internet * If you need assistance with your property or parenting matters, please telephone 9585 6455 or email us at [email protected]

04.01.2022 YOUR SUPER is GENERALLY NOT PART OF YOUR ESTATE WHEN YOU DIE. By Bec Cleary - Kingston Lawyers When making or updating your Will, it is important to remember that your superannuation does not form part of your Estate.... This means that, in order to determine who receives your superannuation payment after you die, you need to complete a Binding Death Benefit Nomination form with your super fund. In this form, you must instruct your superfund to distribute your superannuation entitlements in accordance with your Will after your death. If you do not make a nomination as to who should receive your superannuation entitlements, the Trustee of your super fund will determine who should receive the payment, based on superannuation laws. This could mean that someone you dont intend to provide for could receive one of your biggest assets. Please Kingston Lawyers on (03) 9585 6455 for more information on this important subject.

04.01.2022 Some of the team saying farewell to Ms Brianna Mardones who after 6 amazing years with KL is joining another firm which specialises in family law. Brianna stated,Whilst I am sad to leave such amazing people I am very grateful for my time at Kingston Lawyers and for the guidance and support I have received from our Principal Mr Stephen Lucas, and the other members of the team. I wish everyone continued success. Brianna was involved in several complex matters whilst at KL including two Full Court Appeals. We wish her every success and happiness for a bright and rewarding career in law.

04.01.2022 A bit harsh? Or in everyones’ interest? The Biosecurity Act 2015 permits extreme powers for Government which Aussies are not used to experiencing. In fact Australians love their freedoms and will fight hard to protect them. We think a warning may have been a more appropriate outcome at this stage. We also believe that the police officer involved should not be criticised for doing what they thought was the correct thing to do.

03.01.2022 What is an Intervention Order? By Jayden Casselson - Trainee Solicitor - Kingston Lawyers Intervention Orders (IVO) are orders made by a Magistrate with the intention to protect you from any harm (physical or emotional) that may be caused by someone else in the community. An IVO is usually obtained to prevent you from experiencing abuse, harassment, stalking, unwanted contact and any damage to your personal property. They protect you by limiting the actions of another perso...n towards you. For example, they may not be able to come within 20 metres of you. How to obtain an Intervention order? Applications for an IVO are made at the Magistrates Court. Anyone can apply for an IVO but for the IVO to be granted there must be a reasonable belief that you are in danger from another person. However, in the cases of family intervention orders, police can make an application on your behalf. Police will serve the IVO on the Respondent. Do I need a lawyer? It is possible to represent yourself in the Magistrates Court and obtain an IVO. However, it can be very stressful and daunting appearing in court alone without assistance. A lawyer could also prove essential in making sure the Magistrate fully appreciates the danger you are in and why you are in desperate need of the IVO, giving you the best chance of success. A lawyer will also be helpful in defining complex and confusing court language. It is also important to consider that a lawyer will give you a much better opportunity to contest orders or even negotiating certain terms and clauses of Orders. For assistance please phone us on 9585 6455.

03.01.2022 The Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) will take effect on 22 February 2018. From this date, specified organisations and entities including many private sector organisations and Australian Government Agencies are required to comply with the mandatory data breach notification regime, including being able to assess whether an eligible data breach has occurred and, if necessary, to promptly comply with their notification obligations. Failure to comply can result in serious consequences

02.01.2022 Did the High Court of Australia get it right? Is George Pell Guilty or Innocent? One of our trainee lawyers will be doing a case note which we will share shortly. ... The judgment was 37 pages which is rather short for a High Court judgment.

02.01.2022 CORONA VIRUS UPDATE The Corona Virus is presently causing significant disruption to Australians going about their daily lives. Employers have a duty of care to provide a safe workplace. ... If you have an Employee who is exhibiting symptoms, you can request they either work from home or stay at home until they are better. Employers will be liable for personal leave payments. The Government is providing assistance to the economy to help business retain their staff during the downturn. We recommend all Employers and team members follow the health and safety messages being provided by medical experts. The well established guidelines include: 1. Avoid touching yourself or others; 2. Leave windows open; 3. Wash your hands regularly for 20 seconds; 4. Apply hand sanitiser; 5. Use disinfectant wipes; 6. Open doors with your closed fist or hip - do not grasp the handle with your hand; 7. Use ONLY your knuckle to touch light switches, elevator buttons; 8. Use latex disposable gloves for use when going shopping; 9. Check on seniors and other persons at risk regularly; 10.Be civil and patient with one another. We know this time will pass, and that things should eventually return to normal and we wish everyone the best to get through this.