De Pasquale Lawyers in Leichhardt, New South Wales, Australia | Estate planning solicitor

De Pasquale Lawyers

Locality: Leichhardt, New South Wales, Australia

Phone: +61 2 9560 3759

Address: 58 Norton Street 2040 Leichhardt, NSW, Australia

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• Estate planning solicitor
• Property lawyer
• Notary public

24.01.2022 Just an update regarding our opening hours - we are still working and attending to all our clients matters, however, I made a decision a week ago to work remotely from home. It was a difficult decision but I felt it necessary to ensure the safety of our staff, clients and to generally do our part in complying with the Government advice that if you can work from home you should do so to limit the spread of Covid 19. The best way to contact us is via email [email protected] or [email protected] If you make contact we will contact you as soon as possible and please rest assured that everyone's matters are being dealt with like it's business as usual. Keep safe Therese

24.01.2022 ALERT FOR TRUSTEES OF DISCRETIONARY TRUSTS If you are a trustee or director of a trustee of a discretionary trust and you hold, or in the future intend to hold residential land in NSW, or if you have established a discretionary testamentary trust in your Will then the information below is CRITICAL for you to act on now. From 31 December 2020, a trustee of a discretionary trust will be deemed to be a foreign person unless the trust deed is amended prior to then specifically ...preventing a foreign person from being a beneficiary of that trust and the no amendment requirement is met. Implications if you do not comply Surcharge purchase duty will apply to properties purchased in the name of the trust (8%) Surcharge land tax will apply to property owned by you (2%) I know a lot of you have discretionary trusts and others have established testamentary discretionary trusts, therefore, it is imperative that you deal with these matters now and not wait until the eleventh hour in December when everyone is busy during the Christmas rush. Please contact us to prepare a Deed of Variation so that it complies with the legislative requirements and you are not stung with more land tax (as many of you would already be paying a lot of money in land tax) or more purchase duty if you intend to purchase a property (as I am sure we all agree that you already pay enough stamp duty when you purchase property). We look forward to helping you avoid inadvertently being deemed a foreign person for land tax and purchase duty purposes (02) 9560 3759.

22.01.2022 Amazing new beginning!!!

21.01.2022 Employers/Employees and Unfair Dismissal If you are a business owner and you employ less than 15 staff you are a Small Business Employer under the Fair Work Act (C'th) and the Small Business Code applies. As a Small Business Employer you have certain duties surrounding the dismissal of staff, including how employees are dismissed. In certain instances where serious misconduct has occurred, the conduct must be sufficiently serious to justify immediate dismissal. In all other c...ases, the employer must give an employee a written warning that they are at risk of being terminated specifying reasons. Employees then must be given an opportunity to respond or rectify the problem. A failure to adhere to the Small Business Code can lead to a terminated employee making a claim against an employer for unfair dismissal. An unfair dismissal claim is costly to your business and time consuming. It is vital that all employers seek advice prior to dismissing any employee and that your employment agreements and company policies are up to date. If you are a business owner or employee and would like to know more about your employment law rights and responsibilities please get in contact with us.

21.01.2022 Havent posted in a long time but saw this today and couldnt resist. A lot of clients ask for a one page agreement/contract to document what, at times, is a very complicated commercial transaction. Needless to say legal wins but it is to protect the client not because we like being long winded!

21.01.2022 To all clients We remain open during this unprecedented crisis, however we are limiting contact with clients and trying to conduct all meetings via telephone. If we can assist you with anything at the moment please contact us on 9560 3759 alternatively email me directly: [email protected] Someone will get back to you within 24 hours even if there is a complete shutdown of all non-essential businesses and services. Stay safe and please listen to the government warnings regarding social distancing and self isolation. Therese

20.01.2022 After 10 years I have changed the name of the firm to De Pasquale Lawyers. I hope you all like the new letterhead and my team looks forward to seeing you soon.

20.01.2022 Therese and staff wish you all a very Merry Christmas and a Healthy, Happy & Prosperous 2017. Thank you for all your support this year and we look forward to seeing you in 2017!

17.01.2022 Visit De Pasquale Lawyers Facebook page to see our recent post on the importance of having a last Will & Testament along with details of our free half hour consultation

16.01.2022 I came across this quote and pondered...would you misinform your lawyer with the objective in mind that, by doing so, you would achieve or force a particular outcome? Likewise, would you misinform your doctor with the same motivation in mind? Which of the two, misinforming your lawyer or your doctor, do you think you would most likely get away with and why?

16.01.2022 Reasons why people challenge Wills There are a number of reasons why people challenge a Will. You will see below, a few of the most common reasons why people challenge Wills (this is not a comprehensive list): The person making the Will lacked testamentary capacity at the time of making a Will. That is, that the person making the Will at the time of making the Will did not understand the nature and effect of the document that he/she was signing. There are specific steps ...to be followed by a solicitor if there is any doubt as to the capacity of the Testator (person making the Will) to ensure that the Will withstands any claim that the person lacked the requisite capacity at the time of making the Will. With an ageing Australian population and the increasing rates of dementia, it is imperative, if there is any doubt regarding the capacity of the person making a Will, to have an experienced solicitor get instructions and establish the capacity of the Testator to ensure this issue does not arise after they pass away. The Testator was acting under undue influence or fraud. That is, where a Testator is pressured, tricked or forced to sign a Will by another person. The Testator did not make adequate provision for an eligible person as defined by the Succession Act this is called a Family Provision claim. Some of the classes of eligible persons include a spouse, de facto partner, child, former spouse, person living in a close personal relationship with the Deceased, a grandchild that is dependent and was a member of the deceased's household . If you have been left out of a Will or you know someone that has and you think that any of the above instances apply to you or your loved ones, you may be entitled to make a claim. Book an appointment with us today. Call (02) 9560 3759.

16.01.2022 We have had a couple of people ask if we have a webpage. At present we do not but watch this space - early 2016.

15.01.2022 A little bit of lighthearted humour on a Friday afternoon. Have a wonderful long weekend!!

15.01.2022 For those of you looking for a property and want to know the sale prices of that property since 2001, there is a new portal through Land & Property Information. Link below: www.global.six.nsw.gov.au

12.01.2022 The new signage is up!

12.01.2022 Merry Christmas !

11.01.2022 The importance of having a Will? With all the media coverage regarding family members and non-family members challenging wills, I hear many people ask why should I have a Will particularly if a Court can change your wishes. There are a couple of reasons: 1. Looking after your children: ... (a) If you have a child or children, you can appoint a Guardian for them in your Will so you decide who will look after your child or children. (b) You decide and control the age when your child or children will have control of any assets you leave. (c) You decide who will act as your childrens trustee until such time as they actually control the assets yourself. 2. Your Will does matter: What you want to happen with your estate as expressed in your Will does matter. One of the primary considerations of a court in considering any challenge of a Will is what the intentions of the Testator (or Will maker) are, as expressed in his/her Will. A carefully drafted Will, eliminates or reduces the possibility of someone challenging your Will from being successful. 3. You decide who benefits from your Estate: You decide who ultimately gets whatever you leave when you pass away instead of it being decided by the line of beneficiaries set out in the relevant state legislation. If a family member you know has passed away that hasnt left a Will, we can assist in making an application for administration. The process in applying to the Supreme Court after you have died is far more complex if there is no Will than if you leave a Will. I have also heard a lot of people say if you dont leave a Will everything goes to the government. This is not technically true. There are a line of beneficiaries as set out in the Succession Act that are entitled if you dont leave a Will and that may not be where you want your assets to go when you die. In having a valid Will, you decide where your estate goes. You can leave things to charities or particular family members, but, ultimately when you leave a Will you have the control over your Estate. If you havent reviewed your Will in a while we suggest you do so. You should review any existing will if there has been any change in your personal circumstances such as getting married, entering a de facto relationship, getting divorced, having children, establishing family trusts or a significant increase or decrease in your assets/estate.

10.01.2022 Mental health is such a huge issue with many people living in silence. Ask someone today...and yes, it is okay to say that you're not okay!

09.01.2022 Today we completed another successful sale of an iconic hotel/pub in Sydney! Whether your property matter or concern is big or small, we have the experience to assist you and guide you through the process.

09.01.2022 Hi everyone! Sorry about the prolonged absence. If you are considering selling your property this year and have a swimming pool you need to be aware that from the 29th of April 2016 you will need a certificate of compliance or non-compliance in relation to your pool fencing. You should ensure that you obtain the certificate well before you consider putting your property on the market. We have included a link below to a short circular issued by LPI if you require further in...formation or alternatively contact us if you are considering selling your property and we can assist you with all your property matters. http://lpi.nsw.gov.au//2016_02_New_pool_fencing_compliance

09.01.2022 Full-time Junior Administrative Assistant - Position Available We are looking for a junior administrative assistant to assist our legal secretaries and two solicitors. Minimal experience is required as we will providing all training. The successful applicant will be well presented, enthusiastic, have good communication skills, and be willing to learn. If you are interested please email your resume to [email protected]

09.01.2022 As the property market is said to be 'slowing' just a quick tip if you have had your property on the market with an agent but it has failed to sell - You should ensure that you terminate the agency agreement in writing after the expiry of the agency period. Many people think that simply because the agency period is expired the agreement is no longer on foot. Don't get caught out with potentially two agency fees if you do sell down the track because you haven't terminated your first agency agreement in writing!

08.01.2022 The JobKeepers legislation passed both houses yesterday. See the link below for more information. I know many of you will appreciate the help at this difficult time. https://www.business.gov.au//coronavirus/jobkeeper-payment

06.01.2022 We are hiring! Experienced (2 yr PAE) Solicitor. If you know anyone that might be interested get them to get in contact

06.01.2022 I recommend watching Insight tonight at 8.30pm SBS - Is your will really your last word. I would love some feedback if anyone does watch it.

06.01.2022 Further to my post earlier today regarding commercial/retail leases, I now have a complete version of the mandatory code which sets out the principles upon which the law will be based. If you are a tenant or a landlord please contact me directly for further information and guidance: [email protected]

05.01.2022 On 24 April 2020 the NSW Parliament passed the regulations for retail and commercial leases which give effect to the Mandatory Code of Conduct - SME Commercial Leasing Principles During Covid-19 protecting impacted lessees from eviction and legal proceedings being instituted. Please call us to find out your rights whether you are a tenant or landlord (02) 9560 3759

05.01.2022 For the next week I will be happy answer all your questions about the current Covid-19 situation and how it might affect you and/or your business. No charge! DM me and I will do my best to help out in any way I can. Keep safe and well. Therese

05.01.2022 Junior Lawyer - Position Available We are looking to employ a junior solicitor with some experience in general commercial/commercial litigation, wills/probate and property law. Applicants should have a current practicing certificate. If you are interested please forward your resume to: [email protected].

04.01.2022 LAND TAX CONCESSIONS - COVID-19 Update: For those landlords providing rent relief to their tenants applications are now open online. These concessions are up to 25% of the 2020 land tax liability but subject to the landlord passing on all the savings by way of a rent reduction to their tenant. If you have already paid your land tax you will get a refund - could take up to 5 days after approval and if you haven't paid all your land tax for this year then the concession will be applied to any unpaid instalments. You should apply by no later than 31 October 2020. The following link is the page for the online application.https://www.service.nsw.gov.au//apply-covid-19-land-tax-re

04.01.2022 Leases - Commercial/Retail - I hope you and your loved ones are all keeping safe and not pulling your hair out in isolation. Over the past few weeks I have had a number of enquiries from clients regarding their rights both as landlords and tenants during these unprecedented circumstances. Yesterday, the Prime Minister announced that the States have agreed on a mandatory code regarding commercial tenancies that landlord and tenants will be bound by. At present, whilst the ...Code has been agreed, it is still not law. We are waiting on the NSW State Government to pass that law but it is anticipated that it will cover issues such as landlords not being able to terminate leases or take possession of premises as a result of unpaid rent. The extent of the law will be seen in due course. I would urge all of you, whether you are tenant or landlord, to negotiate in good faith and ensure that any agreement reached with respect to rent relief be documented in writing so that there is no confusion after the 6 month period whether the rent relief needs to be repaid or not. We are here to assist landlords and tenants alike to document agreements or give advice during negotiations. Please email me directly if you or anyone you know has any queries: [email protected] See more

02.01.2022 What do you think would constitute bullying in the workplace? Unfriending an employee on Facebook? Not saying good morning to an employee or acknowledging them in the workplace?... The Fair Work Commission has recently determined that both of these actions constitute bullying in the workplace. What is your view?

02.01.2022 Is your will really your last word? http://bit.ly/1KKI9pm Find out Tuesday September 8 at 8:30PM on SBS

01.01.2022 I have attached a link below being the ACCC information sheet for all Small Businesses: https://www.accc.gov.au//covid-19-coronavirus-information- I would also encourage you all to like and share our page as we will be sending out posts frequently to keep everyone informed as and when laws change during this Covid 19 crisis. You may be interested if you are a commercial client, run a business or simply have an investment property and want to know your rights. Please feel free to contact me at [email protected]