Wiin Lawyers in Melbourne, Victoria, Australia | Legal service

Wiin Lawyers

Locality: Melbourne, Victoria, Australia

Phone: +61 481 868 186

Address: Level 10, 118 Queen Street 3000 Melbourne, VIC, Australia

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

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21.01.2022 Buying property? Make sure you read our FAQs before you take any action! Some of the frequently asked questions are --- 1 What is conveyancing?... Conveyancing is a process of formally transferring ownership of a property from the owner (seller/vendor) to the new owner (buyer/purchaser). 2 I am thinking about buying a property, what do I do first? First you need to find out how much money you have and how much money you can borrow from a financial institution. You will need 10% of the purchase price as deposit. Financial institutions usually loan 80% of the value that perceive that property to be. You will also need to prepare more cash for any shortfall that your lender cannot fund. Our recommendation is to speak with a mortgage broker or a bank, and get a pre-approval. That way you know your budget, and what property price range you should be looking at. 3 How do I make an offer to buy a property? Usually you will have to communicate your offer to a real estate agent. The common practice is to put your offer in writing by email or by signing an offer form provided by the sales agent. In your offer, you should include the following: the purchase price, the date by which your offer will lapse, and condition of your offer (most commonly, 'subject to loan/finance'). Your offer should read like this: "We would like to offer (price) to purchase the property at (address) subject to loan/finance of (loan amount, usually 80% of the purchase price or more) from (a bank or any approved bank institution). Our offer lapses on (date, say 3 business days from today's date)." Then the sales agent will prepare a contract for you to sign to present to the vendor. At this stage, make sure that all special conditions are inserted in the contract. (See next section "Conditional offers"). - Our FAQs contain answers and tips to questions frequently asked by prospective property buyers. The FAQs aim to equip you with the knowledge of property purchase, and empower you to be more confident in buying your home or your investment property. When you are buying your home or your biggest asset, you should never take shortcuts. If you are in doubt or confused, reach out to the professionals. We are here to help. www.wiinlawyers.com.au/property

21.01.2022 Yesterday I saw this video that went viral - a Melbourne woman filmed herself refusing to reveal her name and address, threatening to sue two police officers who questioned her why she wasn't wearing a mask in public. It is controversial in many ways. This prompted me to do some research on the relevant laws that apply to this scenario. The woman said a lot things that sounded logical but not, and this blog gives you a summary of what she hasn't done right. She insisted that ...she didn't need to give to the two police officers her name and address. Incorrect - she was obliged to give her name to the police given that that she has breached the new Stay At Home Directions (i.e. not having face coverings). Not giving name when requested by police is a Victorian offence, not Commonwealth offence. The relevant law is section 456AA of the Crimes Act 1958 (Vic) (click on the link to read my blog for extracts of this section). Then the police said she was under arrest. Can a police officer arrest her without warrant? The answer is yes in this case, because the woman has committed an offence (summary offence in this case) and the arrest was necessary to "prevent the continuation or repetition of the offence or the commission of a further offence". Section 458 of the Crimes Act 1958 (Vic) gives the two police officers the right to arrest her, since her conduct was persistent. Last but not least, not wearing a mask - is it an offence? Yes it is. Clause 5(6) of the Stay At Home Directions states that a person may only leave his/her home if he/she wears a face covering at all time. Exemptions to this clause are listed in Clause 5(7). These directions were issued pursuant to the State's emergency powers under the Public Health and Wellbeing Act 2008 (Vic), specifically, section 200(1)(b) and (d). The State of Victoria can restrict the movement of any person or group of person within emergency area and give any other direction that the authorised officer considers is reasonably necessary to protect public health. These Stay At Home Directions must, I emphasise, MUST be complied with. And it is a punishable offence if a person refuse or fail to comply with the directions. This is stated in Section 203 of the Public Health and Wellbeing Act 2008 (Vic). Conclusion: What happens if you don't wear a mask and you are not exempted from wearing a mask? The police can question you and ask you to give them your name and address (s 456AA, Crimes Act), because you committed an offence (s 203, Public Health Act; Clause 5(6), Directions issued under s 200 Public Health Act). If you don't do so then you committed another offence and they can arrest you until you do (s 456, Crimes Act). Read my blog to find out more about these laws. #wiinlawyers #wearamask #stayhome #flattenthecurve #stopthespread #makemelbournegreatagain

11.01.2022 Masks (or face coverings) mandatory from 11.59pm this Wednesday (22 July 2020). Face coverings aren't comfortable, but what's more uncomfortable than being exposed to the risk of getting or spreading such infectious virus? If wearing a mask can bring us closer to single digit daily active cases, that's a simple gesture every Melburnian can do.... If less daily active cases can make Businesses As Usual possible, then wearing a mask is the least that we can do to help make Melbourne great again.

07.01.2022 Buying Property Explained: "Subject to Finance" My client sold his property to a buyer on 12 July 2020, they signed a contract of sale with a ‘subject to finance’ condition with loan amount of 90% of the purchase price, and loan approval date of 24 July 2020. This condition means that if the buyer cannot obtain a loan approval of 90% of the purchase price on or before 24 July 2020, then he can choose to cancel the contract and take back any deposit that he has paid. He must s...erve a written notice within 2 business days from 24 July. The buyer has paid a small holding deposit of $1,000. The full 10% deposit is due on 24 July 2020. Yesterday (21 July 2020), the buyer’s conveyancer informed me that the buyer wants to cancel the contract because he was unable to obtain a 90% LVR (loan to property value ratio). The conveyancer attached a letter from the broker that stated briefly that the buyer has limited serviceability to obtain a 90% LVR loan. I requested for evidence that the buyer has applied for the loan and the bank rejected his application, the conveyancer requested for extension of the approval date from 24 July 2020 to 7 August 2020 so that his client can attempt to apply through another lender for the home loan. Do you think he is entitled to cancel the contract? Read this blog for how it went.

04.01.2022 We'd like you to meet Jolene (virtually)! Jolene is a property and commercial lawyer with experience in reviewing and managing a broad range of agreements across both areas of law. She acted for numerous international clients and is adept in navigating acquisitions, disposals, financing, leasing (both retail and commercial) matters, and commercial transactions. She has also guided clients through licensing requirements, and compliance with ongoing contractual and statutory ...obligations. She holds a double degree in Biomedical Science and Law and has a keen interest in Intellectual Property (IP) law. With her distinct background, she is often appreciated for her ability in formulating and drafting commercially viable IP protection strategies. Clients have recognized her approachable nature and ability to quickly understand clients’ business needs. She is often commended for her professionalism and meticulousness which is evident in her work. Beyond the office, you will find Jolene at her favourite spin studio, or managing her mini food blog on Melbourne restaurants. She is a self-proclaimed food enthusiast and enjoys chatting about local food finds and providing recommendations. In her other free times, she dabbles in a little photography. P.S: Also check out her food blog on Instagram: https://www.instagram.com/jobofoods/