Reid Legal in Leumeah, New South Wales, Australia | Lawyer & law firm

Reid Legal

Locality: Leumeah, New South Wales, Australia

Phone: +61 1300 337 343

Address: PO Box 311X 2560 Leumeah, NSW, Australia

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

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25.01.2022 Does the idea of going to court make you nervous? Maybe youre not sure what to expect because you havent been before? Being prepared can help ease your nerves and will give you more information about what to expect regarding the process, etiquette, people and outcomes. Check out this court tour from the Family Court of Australia website to get a better idea of what it will be like when you have to go court. https://youtu.be/gAUf9SKpCAM

25.01.2022 What happens if you ignore consent orders? A consent order is a legal document that is enforceable by the court. This means that you need to comply with what is outlined within it or you may face serious consequences. If you go against what a consent order says without a reasonable excuse you will be in contravention of that order. Dont forget - this is the legal meaning of reasonable excuse. Disagreeing with what the orders say is not a reasonable excuse. ... A reasonable excuse is usually one of the following two reasons: The person did not understand their obligations arising from the order The court deems that there were reasonable grounds for contravening the order so that the parent or child could be protected. That person cannot have contravened the order longer than necessary. What happens if Im found to have contravened an order? In order for the matter to be heard before the court someone else needs to file a contravention application outlining how you disobeyed a consent order. You should check the back of your orders for the consequences of contravention. However, the court has the power to order you to: Attend programs, such as parenting programs Pay compensation or legal costs Compensate the other party for lost time with the child Enter into a bond Undertake community service Pay a fine Be imprisoned The type of punishment you receive will depend on your prior conduct and severity of the contravention. Its a good idea to get legal advice about this topic. If you need help, you can call Reid Legal on 1300 337 343!

24.01.2022 Are you eligible for spousal maintenance? In some cases, if you were married or in a de facto relationship you may be eligible to have money paid to you by your ex-partner. This is to cover the costs of living that you are unable to afford and is different from child support. You will need to provide evidence of your financial situation and demonstrate that your ex-partner has the financial means to pay maintenance. ... The amount paid changes depending on each persons individual situation, so its a good idea to get legal advice about this. There are also some important time limits in order to apply: - Married - Must apply no later than 12 months after final divorce date. - De facto - Must apply no later than 2 years after separation. If you require assistance with your family law matter, call Reid Legal on 1300 337 343.

24.01.2022 In 2017, a comprehensive inquiry into the Family Law system began with the aim of improving the Family Law framework in Australia.Over a year later, in March this year, the Australian Law Reform Commission issued a final report of its findings. As a result of professional and community consultation, 60 recommendations were made to improve the system. The main issues identified were:... The body of family law needs to be redrafted as it has become unclear due to various amendments over the years. Children and those subjected to family violence are not effectively protected Separated couples require further assistance in resolving disputes, which are drawn out because of insufficient court resources. There should be a greater emphasis on information sharing between states and territories to ensure the safety and wellbeing of families. Individual courts should be established in each state and territory that can exercise concurrent jurisdiction at both federal and state levels. The recommendations arising from this report seek to make the Family Law system safer, easier, cheaper and quicker, and to ensure the system is held accountable.

23.01.2022 Going through the Court process can seem like youve stepped into another world. Were here to demystify some of the legal jargon that gets thrown around the courtroom. Consent Orders Orders that are agreed upon by the parties and which are then taken to Court to be made official. Parenting Agreement Parenting plans are written documents outlining the agreements made between parties responsible for the care of the child. These are not enforceable but can infl...uence the decision of the Court in the future. Contravention Order A contravention order occurs when one of the parties did not follow what they were supposed to do in previous orders. They have breached the orders. FaCs- The Department of Family and Community Services. They can become involved if there are concerns for the welfare of children. Child Support A payment from one party to another which assists with the costs of raising a child. Adjourn Postpone Court to another date and time. Ex Parte Hearing When a matter goes to Court without notifying the other party and are, therefore, not present. (Normally for urgent issues). Family Consultant Specially trained individuals in psychology, social work or other social sciences. They have experience in child and family issues. In the future, the same consultant may be involved in a Family Report. Family Report a Report which outlines the issues in a case to assist the Court. The Family Consultant will interview each relevant party and make observations. Family Dispute Resolution The process of attempting to reach an agreement through mediation. Independent Childrens Lawyer A separate, independent lawyer that offers an impartial opinion of the childs best interests. Equal Shared Parental Responsibility Having a 50/50 split between the parents in regards to power to make long term decisions about the child. Applicant Someone who applies to the Court for orders about the child. Respondent Someone who is named in a case. They may choose to respond to orders.

23.01.2022 Under the Family Law Act, you and your ex-partner must have been separated for 12 months before being able to apply for a divorce. However; for a number of reasons, this may not be practical for everyone. In many cases the only option is to continuing living in the same residence as your ex-partner. So at this point you might be thinking but how can we be separated if were still living together? Thats a great question, and heres how it works. If you had to live with ...your ex-spouse for a period of time during your separation, you will need to provide extra information to the court. This includes: Your own affidavit The affidavit of an independent person (if youre a sole applicant or if the other party in a joint application cannot file an affidavit). An affidavit, in this context, is essentially a written and sworn document that outlines a few extra things: Why you had to live under the same roof Who you told about your separation (government bodies and friends) What arrangements were made for any children involved under the age of 18 Show how you are separated given the circumstances (stopped doing choirs for the other person, didnt attend events together, separate finances) You need to demonstrate how there has been a change in your marriage, and essentially show the court how you were living separate lives under the same roof. Like all family law matters, its important to discuss the nuances of your situation with a lawyer so that you know youre following the correct procedures and so that you can be confident in your legal decisions. If you require assistance with separation, call Reid Legal on 1300 337 343.

22.01.2022 We will remember them.

21.01.2022 Thinking of buying or selling real estate? Have you heard of PEXA? PEXA stands for Property Exchange Australia and is now used by lawyers and conveyancers to process documents and settlements electronically. It is an e-conveyancing platform. From 1 July 2019, all property settlements in NSW must be executed online. ... Documents are created electronically and can be shared and signed online. By using PEXA, documents can be submitted online to Land Registries. PEXA makes the process of transferring property easier and faster than paper-based processes. Delay is reduced by eliminating the need for bank cheques, and lodgement is processed immediately. PEXA is a secure service. Reid Legal uses PEXA to ensure that your sale or purchase is executed in the fastest and most accurate way possible. If youre thinking of buying or selling, call Reid Legal on 1300 337 343.

20.01.2022 Reid Legal accepts Legal Aid and privately paying clients. If you're interested in applying for Legal Aid, watch this quick video to better understand the process and to learn more about whether or not you may be eligible. https://www.youtube.com/watch

20.01.2022 The Department of Family and Community Services will work with families as much as possible in order to keep children in their home. However, in some circumstances this isnt possible, and for the safety of the children, intervention must occur. When Can My Children Be Taken? When there is a young person at immediate risk of serious harm AND... An Apprehended Violence Order (AVO) isnt enough to protect them AND/OR When there is a young person in need of care and protection AND Is/or recently has been in a location used for prostitution, child prostitution or pornography, or has been participating in these activities OR A child is not under the supervision or control of a responsible adult, and is living in a public place and is in need of care and protection In most situations, the child can be taken without a search warrant; however, FaCs will then have to make a care application in the Childrens Court within the next three working days. If FaCS contact you about your children, or they have removed a child from your care you should contact a lawyer as soon as possible. If you need help, call Reid Legal on 1300 337 343.

18.01.2022 Are you experiencing family violence? The Domestic and Family Violence website is a great place to start your journey out of abuse. There is information on the relevant law, services that can help you, and information about staying safe until you can leave. You can also contact the 24/7 crisis line to speak to someone, or if you are in immediate danger call 000. https://familyviolencelaw.gov.au/child-protection/

18.01.2022 Can I change my child's surname? Changing a child's surname doesn't have to be difficult if both parties agree to the name change. However, if they disagree or the location of a parent is unknown, parties will need to seek a determination from the court. In a recent case, the court considered the following factors:... Is it in the best interests of the child? Will the child be embarrassed by the name change? Will a name change confuse the identity of the child? Has the child had contact with the other parent? The nature of the child’s relationship with each parent. If you require assistance with your family law matter, call Reid Legal now on 1300 337 343!

17.01.2022 So youve been told you need to go to Family Dispute Resolution (FDR)- but what is it, and do you really have to go? FDR is basically a mediation or conference between you and your ex-partner where you have an opportunity to talk through your needs and concerns with the aid of an independent third party-mediator. Depending on your particular needs, there are a number of ways in which mediation can be undertaken, including face-to-face, over the phone, and shuttle. ... FDR is now compulsory if you and the other party are in conflict over parenting issues. It means that you need to have a real go at trying to sort out your legal issue before youre able to take your parenting matter to court. Youll get a certificate after doing mediation called a s60i Certificate and this lets you make an application in court. So yes, you do have to go, but there are a few exceptions like family violence, urgent matters and child abuse. You should speak to a lawyer about what process applies to you. Despite it being required, there are also many benefits to mediation such as: Working out what the issues really are Exploring different perspectives and ideas Working your issues out without the hassle, cost and time involved in taking your matter to court Having your agreements documented and in writing (consent orders) More control in your outcomes as opposed to having a judge make the decision about your parenting situation Having an independent third party help you through the communication process so that it remains dignified, respectful and productive If you require assistance with your family law matter, call Reid Legal now on 1300 337 343.

17.01.2022 On 9 December 2017, changes were made to Australian law that now allows people to be married regardless of the sex of the parties. As most of us know, this means Australia has legalised same-sex marriage! These legal changes took place through the Marriage Amendment Act 2017 which altered the Marriage Act 1971 so that the definition of marriage is now: the union of two people to the exclusion of all others, voluntarily entered into for life.... There are a few key changes you should know about: Foreign same-sex marriages are now recognised (including previous and future) Overseas same-sex divorces are now recognised in Australia Australian same-sex married couples also have access to divorce in Australia Federal Circuit Court of Australia has jurisdiction to deal with divorce of same-sex marriages. Where couples have conceived children via IVF, and the marital partner of the woman consents to the IVF, then they are recognised as the legal parent of the child. This now extends to same sex couples who are married. If you require assistance with your family law matter, contact Reid Legal on 1300 337 343!

16.01.2022 Youll need to think twice before taking your children on an interstate holiday. Once parents separate, travelling with children becomes slightly more complex, as you may be required to notify or gain permission from the other parent before leaving. If there are no court orders or agreements, it is likely you can travel freely with your children. However, if there are, you may be in contravention of a court order by taking your child out of the state. When can I travel dome...stically with my child? If there are no court orders or parenting agreements/plans you may travel freely with your child within Australia. However, it is generally good practice to consult with your ex partner before you book anything to avoid conflict. When is there an issue with me travelling with my child? If there are orders in place stating that you may not travel outside of a certain region with your child, then you must not go against these or that may constitute a breach and the other party may file a contravention application. Do I have to tell the other parent where Im going? No. Unless there are orders saying so, you dont have to tell the other parent where you are going or where you might stay, but its probably a good idea to do so to avoid conflict. If you require assistance with your family law matter, call Reid Legal on 1300 337 343.

16.01.2022 Did you know that there is going to be a Women's Shelter in Camden? It's currently being built and will house up to 6 women and their children in crisis and who have faced domestic violence. You can keep up to date with them via their Facebook page here https://www.facebook.com/camdenwomensshelter/

16.01.2022 Did you know that there is going to be a Womens Shelter in Camden? Its currently being built and will house up to 6 women and their children in crisis and who have faced domestic violence. You can keep up to date with them via their Facebook page here https://www.facebook.com/camdenwomensshelter/

15.01.2022 Consent orders are a formal agreement that is arrived at between parties to a dispute. They are a good thing to have because they put your agreement in writing, they are binding, and they are enforceable. This means that you can rely on them if the other party does something theyre not supposed to. Youre protected, unlike in an informal agreement. Consent Orders can cover most matters under the Family Law Act such as: Parenting... Property Superannuation Maintenance Key Facts About Consent Orders These orders look like a list of things that you and the other party have agreed upon after having discussed the issues in your matter. Consent orders may be agreed upon as a result of family dispute resolution, negotiation, or in private. These types of orders have the same power as any other court order but they are different because you and the other party have given consent to them rather than a judge simply deciding them. There arent any court fees for filing consent orders. Some orders can be granted without needing to start a court case, but you should speak to a lawyer about which process applies to you. An example of an order might look like this: 1. That the mother and father are to have equal shared parental responsibility for the child, Sammy Squiggle, born 07 October 2016. It may also talk about when one party can see their child, for example: 2. That the mother spend time with the child from 1pm 5pm on each Saturday. If you require assistance with drafting consent orders or advice about your family law matter, call Reid Legal on 1330 337 343.

14.01.2022 Just because there are arrangements for your child to spend time with both parents doesnt mean that facilitating those arrangements will be easy. Parents are not always on good terms after separation, and sharing the children with each other can be difficult. There may also be other circumstances, such as domestic violence or concerns for safety which require the involvement of a third party to assist with contact. Supervised contact allows for this potential conflict to be... minimised. Who Can Supervise? A contact visit can be supervised by an independent person, or it can be facilitated by a contact service organisation. The role of this person or organisation is to ensure that the child is in a safe environment during contact. What is a Contact Service? Contact services are independent third party organisations that can provide the supervision of contact between a child and a relevant party, such as a parent. Examples of these services include CatholicCare, Central West Contact Service, and Relationships Australia. They are able to monitor the safety and interactions of children with their parent or significant person so that the they can spend meaningful time with the child. These services are also able to serve as a place of changeover between one parent and the other. Do I need a Supervised Contact Service? Supervised contact might be necessary if you have safety concerns about the other party, or if there is the potential for conflict when the other party spends time with the child. You might also consider a supervised contact service if you need a neutral place for changeover. If you require assistance with your family law matter, call Reid Legal on 1300 337 343.

14.01.2022 Youve found your dream home. You inspect it yourself and everything looks good - so do you really need to buy a building report? Buying a property is a big decision and one that can be more costly than necessary if you dont do your research. To avoid problems in the future, its best to know as much as you can about the home youre about to buy. Getting a property inspection report can give you an overview of any problems with the property before you decide to make an o...ffer. Here are some important points for you to consider: An inspection allows you to know what issues there might be with the property. This may include cracking or structural damage, rot, safety hazards, or other required repairs. This information can be used to get a reduction off the price of the property. If you need to make any repairs, you could negotiate the sale price to account for any work you might need to do. Make sure you choose someone qualified to undertake the inspection, such as a licensed builder, architect or surveyor. Be sure to let the inspector know if there is something in particular you want them to check. If you are getting an inspection for a strata property, you will need to request a special-purpose report if you want them to check the common areas too. You may want to consider getting an inspection before starting the conveyancing process so that you dont waste money on a property that you are not happy with. If you require help with purchasing a property, call Reid Legal on 1300 337 343.

13.01.2022 When most people separate from their partners theyre understandably concerned about parenting and property, but you shouldnt forget about the smaller details either, like your online presence. Its important to maintain your digital security once you have split from your partner. This is especially significant if you are leaving a situation of domestic violence. As a couple, you may have shared passwords to online accounts, emails and phones. Its important to make sur...e you change these so that your ex-partner does not have access to your details, location or confidential information that be accessed through these digital platforms. Dont forget to update passwords for your email, online banking, social media, and streaming apps, such as Netflix and Spotify. You should also update settings on your phone such as Find My Friends and remove access to platforms like shared calendars. Its probably not a good idea to share accounts with your ex-partner as you dont want them having access to any private information. Improve security by replacing an old, joint email address with a new one that only you have access to, and then update your email across your accounts. Finally, make sure that your new passwords are secure - pick something that cant be easily guessed. If you require assistance with your family law matter, call Reid Legal now on 1300 337 343.

13.01.2022 With Christmas just around the corner, its a good time to start thinking about what arrangements you will make with your ex-partner so that both of you can spend time with your children over the holidays. Weve put together five tips for sharing time over Christmas to get you started. Communicate Its important to communicate well at all times during your co-parenting arrangements, but especially so during Christmas. Once you have a plan in place about the time share,... communicate it well to your children and explain to your family how things will work this year. Start Now! Start early in talking to your ex-partner about how the time share will work. Its important to discuss who will spend time with the kids on Christmas day, Boxing day and any other important times during the season. If you find it difficult to come to an agreement, you can always be assisted through mediation. Stay Enthusiastic Christmas is an exciting time for your children. Try and stay positive for them and encourage them to enjoy the time they have with you and your ex-partner. Focus on the special moments you have with your child during Christmas but dont undermine the experiences they have with their other parent. Dont Compete Rushing out to buy the biggest, most expensive present isnt always the best thing and dont feel pressured to either. Try not to compete with the other parent at Christmas time because children will become aware of this tension. Take Care of Yourself Its okay to feel overwhelmed by the Christmas period, but look for someone to talk to if youre having a tough time and make time for yourself to unwind. If you require assistance with arrangements over Christmas, call Reid Legal now on 1300 337 343!

13.01.2022 Regardless of why FaCs has become involved with your family, it is an awful moment when your children are taken away from you. Once you emerge from the shock, youre likely to be consumed by thoughts of getting them back - for good. Reid Legal can help. Depending on your matter, restoration (getting your kids back) may not be a realistic possibility in the future. However, where there is a reasonable chance of restoration, you need to be doing everything you can to change... your circumstances and create a suitable environment for your children to come back to. What is Parental Responsibility? When a child is born, their parents will have equal shared parental responsibility for them. This means that you have the responsibility and rights associated with making long term decisions for that child. It includes decisions about things like schooling, medical care, religion and living arrangements. When children are removed, these powers are generally given to FaCs so that they can make decisions about the childs welfare. Summary of Proposed Plan (SOPP) The SOPP is a document that outlines the minimum outcomes you will need to achieve in seeking restoration. It also sets out services and courses you may need to attend, and will advise whether FaCs believe there is a realistic possibility of restoration if you were to follow their recommendations. Care Plans Once the children are removed, a care plan is presented that outlines where they will be living and what will happen to them while they are not in your care. At the same time, if there is a reasonable chance that restoration will occur in the future, a restoration plan will be made too. Your input may be considered in that plan. Restoration Plans A restoration plan is a document that outlines what you need to do to have your children restored to you. Depending on the issues that led to the removal in the first place, this might mean you have to attend domestic violence counselling, drug and alcohol counselling, or perhaps even rehab. A lot of the time it involves finding stable and safe accommodation so that if the children are returned, they will have a secure living environment. You will want to complete any recommendations on the restoration plan in order to give yourself a realistic chance of restoration s90 Application When the children were removed, orders were made to give parental responsibility for your child to someone other than yourself. A section 90 application seeks to reverse those orders and thus return parental responsibility to you. In order to be successful in this type of application, many factors will be considered. In general, there needs to be a significant change in circumstances, and the restoration plan will be the guide of what you need to do in order to be on the right track for success. If you require assistance in child care and protection matters, speak to Reid Legal on 1300 337 343.

12.01.2022 Child support refers to a payment made by either one or both of the parents of a child to the other parent, or to a legal carer for the child. It is a means of financially supplementing the costs involved in raising a child. Generally this is a regular payment, but can also be a lump sum, transfer of property or ad hoc payments for specific expenses. Child support is payed until the child is 18 years old. Will I be Eligible for Child Support?... Must be the legal carer of the child Either the legal parent or non-parent of the child Do not need to have been married You can check the Dept. of Human Services website for more information about how this requirement is met here: https://www.humanservices.gov.au//what-you-nee/eligibility What is Taken into Consideration? Both Parents Income Who cares for the child (by percentage) What is the Assessment Formula? The assessment formula is complex and seeks to understand the income of each parent before then determining how much of the care of the child each parent is responsible for. Based on this percentage, financial support is then determined. The calculation considers the financial obligations of both parents to contribute to the raising of the child. How Do I Apply? You can apply by completing the assessment form at your local Centrelink, or you can apply online here: https://childsupportapplication.humanservices.gov.au//regi If you require assistance with your family law matter, speak to Reid Legal on 1300 337 343.

11.01.2022 Separation can be a stressful process, especially if youre worrying about what kind of money or property youll be entitled to after your relationship ends. In making decisions about the division of assets post-separation, the court will generally consider the following four steps. 1. What are the assets and liabilities? The first step is to have a look at what the parties own and owe. This might include things like a house, car, motorbike, business, shares, superannuati...on and money in the bank. Debts can include mortgages, personal loans, credit cards and overdrafts. 2. What did each party contribute? The second phase of the process is to understand what each party has brought to the relationship and to the asset pool. This includes both financial and non-financial contributions. Examples of a contribution to the relationship might include: income, inheritance, improvements to the home or property, home duties, parenting, compensation payouts, and more. It is important to note that even if you are a stay at home parent or house wife/husband, that your contribution in home duties may be considered equal to the income contribution of the working spouse. 3. What are the future needs of the parties? Some relevant considerations include: Is either party working? Is one party earning substantially more than the other? Will either party be able to work in the future? Are there any barriers such as disability? Will either party be responsible for a dependent? Will either party be supported by a new partner in the future? 4. Is it just and equitable? After everything is considered, is the ratio fair? Is one party walking away with 90%, and the other with only 10%. In most cases, the court will not go above a 70/30 split unless there are extenuating circumstances. Mediation or Court? Its good to try and settle things through mediation before going to court. Court can be costly and may take in excess of two years to finalise. If youre able to come to an agreement about who gets what without going to court, youll be able to wrap things up earlier, and you wont be spending you share of property on fees. If you require assistance in family law or property, speak to Reid Legal on 1300 337 343.

11.01.2022 Talking about family and domestic violence can be hard, to say the least. It might make you feel uncomfortable or bring up painful memories, but you must tell the courts if family violence is happening to you. This is so that any orders that the Court makes will not continue to expose you and your family to violence. It is important to let your lawyer know because it can also affect the information they give you. For example, it may impact what needs to be included when y...ou file your case or the type of mediation you are able to participate in before Court. Domestic and family violence can be perpetrated in many different ways, such as (but not limited to): - Emotional, verbal and psychological abuse - Physical or sexual abuse - Social, financial or spiritual abuse - Stalking and harassment - Destroying or damaging property - Forcing pregnancy or termination - By surveilling or tracking someones movements - Using technology against them (such as threatening to or taking and sharing intimate images without their consent) It is especially important to tell your lawyer about domestic or family violence if you have children. The Court will consider the best interests of the children and aims to keep them safe from harm when making parenting orders about who gets to spend time with them. Children can be exposed to violence in many ways, such as (but not limited to): - Directly witnessing an event - Being asleep or in another room while it is occurring - Witnessing emergency services arrive at the house - Witnessing injuries or damage to property - Missing school, or attending hospital - Having to clean up after an incident - Trying to defend a person or animal from harm or having to comfort them after it has occurred - Being manipulated against the other parent or family member, or are told to keep it the violence a secret You can call the 24/7 Crisis line for support on 1800 737 732 or if you are in immediate danger call 000. If you need family law advice, call Reid Legal on 1300 337 343.

10.01.2022 When most people separate from their partners they're understandably concerned about parenting and property, but you shouldn’t forget about the smaller details either, like your online presence. It's important to maintain your digital security once you have split from your partner. This is especially significant if you are leaving a situation of domestic violence. As a couple, you may have shared passwords to online accounts, emails and phones. It’s important to make sur...e you change these so that your ex-partner does not have access to your details, location or confidential information that be accessed through these digital platforms. Don’t forget to update passwords for your email, online banking, social media, and streaming apps, such as Netflix and Spotify. You should also update settings on your phone such as ‘Find My Friends’ and remove access to platforms like shared calendars. It’s probably not a good idea to share accounts with your ex-partner as you don’t want them having access to any private information. Improve security by replacing an old, joint email address with a new one that only you have access to, and then update your email across your accounts. Finally, make sure that your new passwords are secure - pick something that can’t be easily guessed. If you require assistance with your family law matter, call Reid Legal now on 1300 337 343.

10.01.2022 Does the idea of going to court make you nervous? Maybe you're not sure what to expect because you haven't been before? Being prepared can help ease your nerves and will give you more information about what to expect regarding the process, etiquette, people and outcomes. Check out this 'court tour' from the Family Court of Australia website to get a better idea of what it will be like when you have to go court. https://youtu.be/gAUf9SKpCAM

10.01.2022 Therapy dogs program to continue at Campbelltown Local Court

09.01.2022 Going through family court proceedings is a difficult and overwhelming experience for most adults, let alone children. If youre having trouble explaining the process to your child, try some of the resources from the Family Court of Australia website. Heres a video that talks to children about why they are visiting a family consultant. https://youtu.be/GrSfPf7zsts

08.01.2022 The only way to be sure that your assets are distributed the way you want after you pass away is to have a valid will. As family structures can be complex, and because there are particular requirements to ensure the will is valid, its a good idea to speak to a lawyer about it. Key facts about wills Having a will means that you can be sure of how your assets will be distributed when you die.... If you die without a will this is called intestate and it means that your estate will be distributed based on a pre-determined formula. In some cases, not having a will means that your assets go to the government Your will should be revised with any major life changes such as: marriage, divorce, new relationships, children, deaths, acquiring new assets, and much more. What makes a will valid? You must have capacity (this can sometimes be tricky to ascertain, and so its a good idea to have a lawyer to advise you) Must be signed and witnessed Must be written Person must be over 18 Why should I get a solicitor to draft my will? In some situations, establishing capacity for an individual can be tricky. Its best to have a lawyer on side to help you out in these cases. In order for a will to be valid, strict rules apply. If you get these wrong, the court can determine that your will is invalid and your assets will be distributed based on the pre-determined formula. In the event that someone tries to contest your will, the wording used will become very important. Lawyers are trained specially in this wording and therefore, having a solicitor assist can put your mind at ease that your wishes will be expressed accurately. If you require assistance with wills, estates, or probate, call Reid Legal on 1300 337 343.

08.01.2022 Thinking about getting divorced? Here are some key points to consider before making the big decision. To be eligible to file for divorce, you need to have been separated from your ex-partner for at least 12 months. You can file for divorce either jointly or separately ... If you file jointly, then you do not need to serve the other party with documents. If you file separately, you will need to. If you have children under the age of 18 and you file separately, either you or your lawyer will need to attend court. If you make a joint application, you do not need to attend court unless you want to. If you have been married for less than two years, you will need to undergo marriage counselling before being able to file to divorce. Exceptions apply for circumstances of domestic violence. You have 12 months from the date of your divorce to finalise any property settlements. If you require assistance with separation and divorce, call Reid Legal now on 1300 337 343!

07.01.2022 Are you thinking of buying your own home? Get started by better understanding some of these commonly used terms! Certificate of Title This document is provided by the government as proof of ownership of property. ... Strata Title (Community Titles) This type of ownership of property generally applies to units or townhouses and is different from Torrens Title ownership. It allows for individual ownership of some of the property (the unit you live in) and shared ownership over the other spaces like gardens and common areas. Torrens Title This type of ownership usually means that you own the house *and* the land that it is build on. There are no shared areas, and you are responsible for the property. Contract This legal document outlines the steps and responsibilities which need to be fulfilled in order to transfer ownership of the property. Cooling-off Period (for a contract) This refers to a short window of time where the buyer can change their mind about committing to the purchase of the property. Exchange Exchange occurs when one party gives the valid and signed contract to the other party. Settlement This is the actual point in time that the property is transferred between owners. This involves payment and the proper submission of documents. Transfer Duty (Stamp Duty) This refers to a tax charged by the government when you transfer property. Mortgage This is where a bank or other financial institution agrees to lend you the money required to purchase a property. Regular repayments must be made to pay off the debt because the mortgage is secured by the property. This means that if you cannot pay the loan, the bank may sell your property to get that money back. Vendor/ Seller The person selling the property The Purchaser The person buying the property If youre thinking of buying or selling a property, call Reid Legal now on 1300 337 343!

06.01.2022 Seven Tips for Attending Court It can be intimidating to go to court. Take some of the anxiety away by preparing with these 7 tips! 1. Arrive on time - aim to get to court at least 30 minutes before the time you were told to arrive. This will leave you some time to get through security, to find your courtroom and to prepare before you enter. ... 2. Dress appropriately - Certain types of clothing are not acceptable in the courtroom. These include thongs, short shorts, ripped clothes, and singlets. Its best to wear something conservative. 3. Be respectful of the court - When entering and exiting the courtroom it is important to bow your head towards the judge as a sign of respect. Do not interrupt court proceedings or yell out. If you are asked to speak, you must address the judge as your honour. 4. Remove any caps, hats, and sunglasses when you enter the courtroom. 5. Do not bring food or drink into court. It is also disrespectful to chew gum during proceedings. 6. You are not allowed to record court proceedings. This means no videos, voice recordings, or photos inside the courtroom. Its also a good idea to turn your mobile phone off instead of simply switching it to silent - and dont forget to turn off anything else that might disturb the court, such as a smartwatch or other device. 7. Its best to sit at the back of the court in the public seating unless your lawyer directs you otherwise. If you require assistance with a family law matter, call Reid Legal now on 1300 337 343.

04.01.2022 Estate planning is about getting your affairs in order so that your wishes can be properly executed when you die. Most people know they should draft a will, but many dont realise there are other documents which could be very helpful to their family in the event that they lose capacity or pass away. What Tools are Available? Will... Power of Attorney Enduring Guardian Advance Health Care Directive Depending on the type and size of the estate, superannuation and trusts may also need to be considered. What is a Will? A Will is a legal document that outlines what you would like to happen after you die. It explains who you want to leave your assets (money, property, etc.) to, and the manner in which this will be distributed. It is the only way to be sure that your wishes will be followed after you die. What is a Power of Attorney? A Power of Attorney is a legal document which gives another person authority to act on your behalf in matters that concern you. For example, it might give someone else permission to access your bank accounts or to manage your financial affairs in the event that you are unable to. The Power of Attorney can also be used in circumstances such as extended overseas trips. What is an Enduring Guardian? An Enduring Guardian is the lifestyle equivalent of the Power of Attorney. It gives another person power to make decisions about your health and lifestyle. It becomes effective when you lose capacity and extends for the duration of that incapacity. In the event that you have not appointed someone, and you lose capacity, an application will need to be made to the Guardianship Division of NSW Civil and Administrative Tribunal to appoint someone. So it can make life a lot easier if you have one prepared before any issues arise. What is an Advance Care Directive? An Advance Care Directive becomes relevant in the event that you sustain an injury or become seriously ill, and are unable to communicate your wishes in regards to your health care. This will assist your family and the medical team in making decisions about how to treat you and what procedures and medications you would or would not want. If an Advance Care Directive is valid it must be followed, and generally, neither health professionals nor family members will be able to interfere with this. If you require assistance in wills, estate planning, or probate, speak to Reid Legal on 1300 337 343.

04.01.2022 Reid Legal accepts Legal Aid and privately paying clients. If youre interested in applying for Legal Aid, watch this quick video to better understand the process and to learn more about whether or not you may be eligible. https://www.youtube.com/watch

03.01.2022 What happens to our furry friends in a break-up? Unfortunately, our beloved pets are classified as property under the law, and there is no provision for the court to consider their best interests in a property settlement. This means that pets are treated the same as books, clothing, and other belongings. If a pet forms part of the property considered in court proceedings, some of the following considerations may apply: ... The relationship a child has with a pet, for example, a therapy dog. Who is normally responsible for the care of the pet, including vet bills, food, training, etc. Who purchased the pet, and who has the relevant documentation for it. Mediation and private agreements, such as consent orders are an alternative way to negotiate who will get to keep any pets. If you require assistance with property matters, call Reid Legal on 1300 337 343.

03.01.2022 It seems fairly straightforward - you have a family law matter, so you use the Family Court, right? Actually, there are a few courts which have jurisdiction to hear these types of cases, so its important to choose the right one. In Australia, family law issues are governed by the Family Law Act, which is a set of federal laws that are applied nationally across the following courts: Federal Circuit Court... Family Court Family Court of Western Australia Local/ Magistrates Court Deciding Which Court to Use Family Court of Western Australia This court is specific to Western Australia and has jurisdiction to hear all family law matters regardless of whether they are state or federal based. This means that issues such as surrogacy and adoption can be dealt with in the same court as parenting and financial matters this is different to the rest of Australia. Family Court of Australia The Family Court is reserved for complex matters. Complex issues may include allegations of child sexual or physical assault or where the hearing is expected to last for more than three days. As the cases in this court are more complex, it generally takes around two years or more to resolve a matter. Federal Circuit Court The majority of cases are heard in this court, including divorce. It is also usually a faster route, as cases take between six to twelve months to resolve. If you begin in the Federal Circuit court but your matter becomes more complex, then it may be transferred to the Family Court instead. Local Court/ Magistrates Court For parties who live far away from the main courts, such as those who live in country towns, they may be able to initiate family law proceedings at their Local Court. However, there is limited capacity in these courts due to jurisdiction and resources. It may be possible to reach interim orders but matters may eventually need to be transferred to a superior court such as the Family or Federal Circuit Court. Dont Forget Your case will be heard in the court that you apply at, regardless of where you live. Eg: If you apply to the Federal Circuit Court in Wollongong, your matter will be heard in Wollongong. Also, if you are applying for Legal Aid you will need to apply in the same state that you lodged your Legal Aid application. Eg: If you apply for Legal Aid in NSW, you must file your application in a court in NSW. If you require assistance with a family law matter, speak to Reid Legal on 1300 337 343.

03.01.2022 Separated parents can sometimes run into problems when trying to travel internationally with their children. Often, it is necessary to inform or gain consent from your ex-partner in order to take a the child out of the country. So that you can avoid any issues, its important to know what your responsibilities and rights are before you make plans to travel. Can I get a passport for my child without the consent of the other parent? When an application is made for a child to...Continue reading

02.01.2022 Can I change my childs surname? Changing a childs surname doesnt have to be difficult if both parties agree to the name change. However, if they disagree or the location of a parent is unknown, parties will need to seek a determination from the court. In a recent case, the court considered the following factors:... Is it in the best interests of the child? Will the child be embarrassed by the name change? Will a name change confuse the identity of the child? Has the child had contact with the other parent? The nature of the childs relationship with each parent. If you require assistance with your family law matter, call Reid Legal now on 1300 337 343!