Mepstead Lawyers in Pakenham, Victoria | Criminal lawyer

Mepstead Lawyers

Locality: Pakenham, Victoria

Phone: +61 3 5941 5166

Address: 108 Main St 3810 Pakenham, VIC, Australia

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

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20.01.2022 Lawyers and Conveyancers there’s a big difference. There are in broad terms two kinds of conveyancers - lawyers and conveyancers. Conveyancers are non-lawyers who are licensed to perform a part of the legal work associated with a real estate transaction, so long as it does not go beyond conveyancing work, some have limited licences or restrictions where they cannot do all the work required. If a dispute occurs conveyancers are duty bound to refer a client to a lawyer for ...further assistance that’s why they say or advertise they retain a lawyer for all legal work but this is often not the case. Unfortunately, on some occasions they offer legal advice without referring the individual matter to a their lawyer for review or advice as each matter is usually factually different. The need for licensed conveyancers to refer clients to lawyers for complex matters and issues that take the matter beyond conveyancing work renders the licensed conveyancer an expensive middle-man when the total cost of the transaction is billed as their lawyer doesn’t work for free! Also in many cases wherein there is a dispute we can resolve the issue quickly and often at no additional costs as we are licensed and qualified to give legal advice, unlike conveyancers. In addition we do not pay referral fees, kickbacks, secret commissions or soft bribes to real estate agents or financiers or any other third party as this cost of a the referral payments is a cost that is inevitably passed on to you the consumer, be it either in higher conveyancing costs or lower levels of service. We work exclusively for you the client, not the agent or any third party and we only work in the client’s best interests. The bottom line is due to regulation of conveyancers the price difference between the two is either non-existent or minimal. So the question really is do you want a person who has a TAFE course to conduct perhaps the most expensive purchase or sale of your life or do you want lawyer with 3 law degrees and over 20 years of conveyancing experience and a firm that has over 100 years of combined legal experience at a equivalent of better price to do it? Call or message us now for a fixed price! Mepstead Lawyers and Berwick Legal - visit the website for details. See more

19.01.2022 CONTACTLESS APPOINTMENTS Mepstead Lawyers and Berwick Legal are still open for business and fully operational. Like you, we here at Mepstead Lawyers are monitoring the COVID-19 situation closely and adjusting our response on a daily basis. Regardless of whether we're in the office or working elsewhere, Mepstead Lawyers is fully resourced to meet the needs of our clients. Our systems are fully capable of supporting our people to work wherever they need to be based. We will c...ontinue to follow the advice of the Commonwealth and State Governments and relevant health authorities as this situation unfolds. We will also take all necessary measures to minimise disruption to our clients and how we work together. Our partners and staff are, as always, available to meet your existing and future needs either on the phone, online and in certain circumstances in office. See more

18.01.2022 When can employees be stood down without pay? Employees who are stood down without pay remain employed for the period of the stand down. Under the Fair Work Act, an employee can only be stood down without pay if they cannot be usefully employed because of a stoppage of work for any cause for which the employer cannot reasonably be held responsible. Whether the option of standing down employees is available in circumstances relating to coronavirus is very fact dependent and an... employer should exercise the option cautiously. The employer must be able to demonstrate that: there is a stoppage of work the employees to be stood down cannot be usefully employed (which is not limited to the work an employee usually performs) the cause of the stoppage must also be one that the employer cannot reasonably be held responsible for. If an employer unlawfully stands down employees without pay, the employees will likely be able to recover unpaid wages. Employers cannot generally stand down employees simply because of a deterioration of business conditions or because an employee has coronavirus. Enterprise agreements and employment contracts can have different or extra rules about when an employer can stand down an employee without pay. Employers should consider whether their obligations are impacted by any applicable enterprise agreement, award, employees’ employment contracts or workplace policies. See more

17.01.2022 Cyclists are permitted to ride on the roads, on bike paths and on shared footpaths. They are generally are not allowed to ride on pedestrian footpaths unless supervising a child under 12 years old. When on the Road they must obey all road rules including for example Traffic Control Signals or Signs or when a tram stops, cyclists must stop at the rear of the tram until the tram doors have closed. They are also subject to some additional rules including that they are required t...Continue reading

15.01.2022 With Christmas just around the corner, it is important to start considering your parenting arrangements particularly in light of COVID 19 We recommend if there are no impediments such as intervention orders etc speaking with the other party and trying to reach an amicable arrangement about how the children will share the holidays, but if there are unresolved issues it may be prudent to act quickly to ensure that a resolution can be achieved. Some important considerations may... be: 1. Are there other important cultural events over the summer holidays (for example, Lunar New Year, Orthodox Christmas, Chinese New Year etc)? 2. Who will the children travel with? When, where will they go? How will they get there? How long will they stay ? will make up time apply? etc etc 3. When does the school holiday period start (at the conclusion of the last day of school, the first Saturday of the school holidays or some other time)? 4. How will your children spend time with you over the holidays (for example, will you divide the holidays into two equal blocks, a week on/week off arrangement or something else)? 5. How will your children spend time with you on Christmas Day (for example, will you swap the day each year, will you share it etc etc)? How Mepstead Lawyers can help If these conversations are difficult, perhaps we can help by contacting the other party to negotiate arrangements on your behalf in an amicable and cost-effective manner. If the other party chooses not to co-operate, we can assist you to arrange another appropriate forum to resolve these disputes, including mediation, arbitration or court proceedings. What to do if you agree on Christmas parenting arrangements If you are able to reach agreement, you should document your agreement in a parenting plan or court orders to avoid confusion and dispute about precisely what was agreed. Remember a parenting plan is not binding or enforceable document and in some cases it may be prudent to amend or obtain court orders instead. What to do if you cannot agree on Christmas parenting arrangements If you cannot agree about your Christmas parenting arrangements, you may need to commence Court proceedings in order to seek a resolution keeping in mind that the Court’s paramount consideration is what is in the best interests of your children. If you are seeking parenting orders for the Christmas school holidays, you must file your application as soon as possible as the Christmas New Year is an exceptionally busy time for the Courts who operate with limited resources. If you are currently considering your Christmas parenting arrangements, now it the time to speak with one of our experienced family lawyers to ensure there is no confrontation or impediments to an enjoyable Christmas break for you and your children. See more

11.01.2022 Conveyancing $990 fixed price New land sale purchasers only T&C apply 5941 5166

10.01.2022 The Giver and the Taker- Gift Giving Christmas is the time of giving, and most people hope to wake up Christmas to a gift or gifts, but there are legal implications of gift giving. There are legal requirements that define or explain a gift - said to have given, or indeed received, a gift. Lets refer to the parties as the giver and the taker. The Giver of the gift must have clear title to the gift and must also display a clear intention to give (transfer the gift) to the take...r. This intention can be recorded and reduced to writing or simply inferred from the actions of the Giver. Lastly the taker the gift must be given to the Receiver (whether actually or impliedly). One of the leading cases in Australia on this is the case of Rowland v Stevenson [2005] NSWSC 325. This case deals with a step-father who on his step-son’s birthday gave his step-son the gift of a boat. At the time, he stated words to the effect of You can have the boat, he also provided the step-son with a boat shaped birthday cake and the keys. The step son then paid all outgoings on the boat such as insurance, registration maintenance etc. After a falling out the stepfather attempted to rescind the gift and take the boat back and litigation ensued.. The step-father argued that because he had only handed his step-son the keys to the boat and not the boat itself an intention to give the gift of the boat could not be implied. The matter ended up before the New South Wales Supreme Court and the Court found that constructive delivery of a large chattel is sufficient to make out the legal requirements of a gift. The court also found that there exists the ability to give a conditional gift. A gift of property, for example, could be made subject to existing charges (eg outstanding finances) and the condition that the gift would revert back to the previous owner if the finance payments were not made. Another perhaps more common example is the gift of an engagement ring. There are cases where courts have found that the provision of an engagement ring is conditional upon the parties becoming married at a later date and if the marriage does not go ahead the ring should be returned as a result of the failure of consideration and the resulting breach of contract. In the case of a gift of money - the inference that a gift has been given without the money actually passing between the parties is very difficult to imply from behaviour of the parties. Money has to actually be handed over before the gift can be said to have been given. Notwithstanding the above all the team here wish you a Merry Christmas and a Happy New Year.

09.01.2022 OPEN FOR BUSINESS ! from Wednesday morning we can again offer our clients in office consultations at our offices at Berwick, Yarra Junction, Pakenham and Drouin offices. Contactless, zoom and telephone appointments are of course also still available. call email or book online for an appointment.

04.01.2022 TEN TOP FAMILY LAW TIPS 1. Get family law advice early: Try our free 30 minute consult - to help you to avoid issues that make the situation worse and try to support you to sort out matters quickly and sensibly. 2. Be honest with your lawyer: We need you to do this so that we can give you the best advice possible advice. 3. Be kind to yourself: Accept support from friends and family. 4. Get counselling: To help you to work through your emotions so you can make the correct dec...isions. 5. Always act in your children’s best interests: They will thank you for it later and it’s a requirement for separating parents under the Family Law Act 1975. 6. Collect all of your relevant financial information: This includes: bank statements, tax returns, superannuation and other documents that detail your financial situation. This information means we can provide you with advice on property division. 7. Keep a Diary of important details: Write a record of all agreements made with your former partner, money spent after separations and time spent with your children so you can let your lawyer know. 8. Secure your data and finances: It is important that you protect your privacy and to ensure that bills still get paid and money does not go missing. 9. Be careful what you put on social media: This causes problems and end being used against you in Court. 10. Get financial advice: work out what your best options are for you and your children. See more

04.01.2022 Office Christmas Party Part 2 On the day/night of the party Have a clear start and finish time for the party don’t make the finish time too late... Place time limits on the supply of alcohol Provide plenty of food and soft drink Make sure the appointed supervising staff/managers actively prevent excessive drinking and inappropriate behaviour Use taxis, shuttles, public transport and/or non-drinking drivers to make sure everyone gets home safely after the party If something goes wrong If someone gets too intoxicated, send them home safely straight away If supervising managers are aware of inappropriate behaviour, take immediate steps to stop the behaviour Follow your relevant policies and procedures carefully Take disciplinary action in accordance with your discipline and termination policies and procedures Don’t sweep incidents under the carpet and hope that they go away!

03.01.2022 CONTACTLESS CONSULTATIONS - Please take note that whilst our offices are closed from you attending physically from 5pm 5 August, 2020 appointments for all matters are still available via telephone and online (zoom) appointments. We can still make appointments and take instructions over the phone or internet for conveyancing, Family Violence, Family Law, Wills, Powers of Attorney, Commercial, disputes etc etc. We can still assist you in these difficult times through contactles...s methods. All Courts are still are still working in relation to urgent matters such as Family Law, Intervention Orders and some select criminal law matters. New matters for Probate, Family Law etc can still be processed through the Courts. Indeed now may very well be the time to list and file new matters as once the restrictions lift we would assume that the Courts will have a backlog therefore it may be prudent to be in the queue before any possible rush to the Courts. See more