johnson-and-sendall

Driving Under the Influence: What You Need to Know

Fri, 09 May 2025 04:37:44 GMT

As a driver in New South Wales, you may be aware of the serious consequences of driving under the influence (DUI) of alcohol or drugs. However, it's important to understand that there are distinct legal offences related to drug use and driving.

Two primary offences arise in the context of illicit substances: driving under the influence of an illicit substance and driving with an illicit substance in your system . While both offences relate to drug use and driving, they are separate offences and the penalties differ significantly.

In this blog, we’ll break down the difference between the two and explain what you need to know to stay on the right side of the law.

1. Driving Under the Influence of an Illicit Substance (DUI)

The offence of driving under the influence of an illicit substance occurs when a driver is impaired to the point that their ability to drive safely is compromised. This is similar to DUI alcohol offences, where a driver’s faculties are affected to the extent that they cannot operate their vehicle safely or properly.

Under the Road Transport Act 2013 (NSW), the definition of driving under the influence of drugs is when a driver’s ability to control a vehicle is impaired due to the presence of drugs. This means that if you are stopped by the police and your driving is erratic or you show signs of impairment due to the drugs you’ve consumed (such as difficulty concentrating, slurred speech or unsteady movements), you may be charged with DUI.

What the Police Need to Prove:

You were impaired by an illicit substance or other type of drug while driving; and
Your ability to drive safely was affected by the substance.

If convicted, you may face penalties that include fines, disqualification of your driver’s licence, and possible imprisonment depending on the severity of the impairment and the circumstances surrounding the offence.

The penalties for a drug driving charge are the equation of a High Range drink driving charge which gives you an idea of the seriousness of this type of offence.

2. Driving with an Illicit Substance in Your System

The offence of driving with an illicit substance in your system is a separate offence and is strictly based on the presence of drugs in your body, regardless of whether or not they impair your driving. This offence makes it illegal to drive with certain drugs, such as cannabis, methamphetamine or cocaine, in your system.

Unlike DUI offences, this offence does not require evidence of impaired driving or poor driving performance.

The police simply need to prove that you have a detectable level of an illicit substance in your system. The police can use roadside drug testing methods to detect the presence of illicit drugs through saliva, and if you test positive, you may be required to undergo further testing at a police station. There are also some instances where the Police simply use a secondary roadside salvia test as the sample that is sent off to the lab for testing.

What the Police Need to Prove:

You were driving with an illicit substance in your system; and
The presence of the drug can be detected, even if it didn’t impair your driving ability.

Penalties for Driving with an Illicit Substance in Your System:

You can face a fine and your driver licence can be suspended or disqualified.
A second or subsequent offence can result in a more severe penalty, including a longer disqualification period and larger fines.
The offence of ‘drive illicit’ no longer carries imprisonment as an available penalty.

Key Differences Between the Two Offences

Proof of Impairment:

For DUI (driving under the influence), the police need to prove that your driving was impaired because of the drugs.
For driving with an illicit substance in your system, the police only need to show that drugs were present in your system, regardless of whether your driving was impaired and regardless of how or when the drugs entered your system.

Conclusion

While both offences deal with drug use and driving, understanding the difference between "driving under the influence" and "driving with an illicit substance in your system" is crucial for any driver in NSW.

The key difference lies in whether or not your ability to drive was impaired.

If you're facing charges related to either offence, it’s important to seek legal advice immediately to understand your rights and to get advice on the best course of action.

If you have any questions or you need legal assistance, do not hesitate to reach out. Our team is here to help you navigate the complexities of driving offences in NSW.

The Art of Court Advocacy

Tue, 11 Mar 2025 06:02:21 GMT

Whether you're appearing before a Magistrate in the Local Court or presenting a complex case before a Judge in the District or Supreme Court, the art of advocacy plays a pivotal role in determining the outcome of a client's case. Court advocacy is not just about arguing legal points; it’s a blend of strategy, communication, and psychology designed to influence the decision of the court.

What is Court Advocacy?

Court advocacy refers to the skills and techniques solicitors employ when representing a client in court. It involves presenting arguments, examining witnesses, and making submissions that persuade the Judge or Magistrate to rule in favour of your client. Effective advocacy is about more than just presenting the law — it's about presenting your client's case in the most compelling and persuasive way possible.

Why are Johnson & Sendall solicitors effective Court advocates?

Preparation is Everything The foundation of any successful advocacy begins long before you enter the courtroom. Thorough preparation is critical. This includes not only reviewing the evidence and the legal principles at play but also anticipating counterarguments, understanding the court's preferences, and preparing your witnesses. In essence, you must be ready for every possible scenario.

Preparation also extends to knowing a client’s story inside out, understanding their goals, and tailoring arguments to meet these objectives.
Clear and Concise Communication Advocacy is about clarity. The ability to distil complex legal concepts into simple, understandable terms is a crucial skill for any solicitor. Judges and Magistrates must be able to follow your arguments easily.

A good advocate avoids jargon or legalese that might confuse the court. They communicate the facts and law in a manner that is accessible and impactful.
Building Rapport with the Court Effective advocacy is not just about the strength of your arguments; it’s about how you present yourself to the court. Building a positive rapport with the judge, magistrate, or tribunal is important. Respectful, professional conduct — while still being assertive in presenting your case — is key.

It’s also vital to understand the courtroom dynamics. Different Judges and Magistrates have different preferences and practices. Some prefer a straightforward approach, while others appreciate a more thorough, detailed analysis. The best advocates adapt their style to fit the situation, all while maintaining their credibility and integrity.
Mastering the Art of Cross-Examination One of the most challenging yet rewarding aspects of court advocacy is cross-examination. This is where you test the credibility of a witness and challenge their testimony to highlight weaknesses in the opposing party’s case. A successful cross-examination requires a strategic approach — it’s not just about “catching out” the witness, but about using their testimony to strengthen your position.

The key to effective cross-examination lies in asking clear, concise questions that force the witness into a corner, making it difficult for them to provide evasive or contradictory answers. Being prepared for unexpected responses and adjusting your approach on the fly is a hallmark of a skilled advocate.
Effective Persuasion Advocacy is ultimately about persuasion. A solicitor must be able to present the facts, the law, and the evidence in a way that convinces the Judge or Magistrate that their client’s position is the correct one. This requires not just logical reasoning but also an understanding of human psychology.

Submissions must address the Judge’s potential concerns, acknowledge weaknesses in your case, and present compelling arguments for why your client should succeed. It’s about striking the right balance between confidence and humility — being assertive in your beliefs without being dismissive of opposing views.
Responding to the Judge’s Questions During hearings, Judges and Magistrates will often ask questions, and it’s essential to respond with both knowledge and respect. Being prepared for these questions is a sign of an advocate who understands the issues deeply and is confident in their case.

Judges appreciate advocates who can provide direct, thoughtful answers. It’s important to remain calm and composed under pressure, showing that you can think on your feet while maintaining professionalism.
The Power of Storytelling One of the most powerful tools in court advocacy is the ability to tell a compelling story. Human beings are naturally drawn to narratives, and a well-told story can be the difference between success and failure. This is particularly important in criminal or family law cases, where the facts often involve human emotion and personal stories.

By framing your client's case as a narrative that is relatable and engaging, you can help the court connect with the case on a deeper level. Storytelling allows you to highlight the key issues and facts in a way that resonates with the Judge or Magistrate.

Why Court Advocacy Matters

Effective court advocacy is essential for achieving the best possible outcomes for a client.

It is not just about presenting facts and laws — it’s about framing those facts in a way that appeals to the decision-maker's logic and emotions.

Court advocacy is a complex and nuanced skill which our solicitors have developed over many years of legal practice.

Our solicitors take the time to learn their clients story, prepare meticulously, and present their cases in a way that engages both the heart and the mind of the court.

Everything you need to know about the new NSW Voluntary Assisted Dying Act 2022 (Euthanasia)

Mon, 04 Dec 2023 04:58:40 GMT

In force from 28th November 2023, NSW became the latest Australian state to enact voluntary assisted dying legislation. NSW is the last State to pass such legislation that aims to allow terminally ill patients, or patients in the late stages of advanced diseases, the ability to voluntarily pass peacefully and with dignity. The legislation will give individual patients more control over their end-of-life circumstances, in consideration of factors such as stress, autonomy, quality of life and equal value of human life, amongst other factors.

What is voluntary assisted dying (VAD)?

Voluntary assisted dying involves the utilisation of medication to bring about the death of a patient. This medication can be administered by a medical practitioner or, if the patient so chooses, they have the option to self-administer under the supervision of a medical practitioner. It is important to recognise the distinction, that this form of dying does not constitute suicide under NSW law.

Who is eligible?

The option of voluntary assisted dying is available to patients in NSW that:

Are over the age of 18 years;
Are an Australian Citizen;
Have lived in NSW for 12 months or more;
Are suffering from at least one disease highly probable to cause death
Has the decision-making capacity to act voluntarily.

The person is not eligible if they have dementia, disability or other mental illness.

What is decision making capacity?

Outlined in Section 6 of the Act, a patient will be deemed to have decision-making capacity if they can demonstrate an understanding of the information and advice regarding assisted dying, remember such information, understand the matters related to assisted dying and the enduring effects of such a decision. The patient must also be able to weigh up the factors and advice and be able to communicate their decision or request for access to voluntary assisted dying.

What is the process to access voluntary assisted dying?

A patient must make a first request: This requires the patient to communicate to their medical practitioner in a clear and unambiguous manner their wish to access voluntary assisted dying. The medical practitioner can accept or refuse this request. If they do however accept, a first request form will need to be completed and taken to the voluntary assisted dying board for approval. This practitioner will now become the patient’s coordinating practitioner. By making a first request a patient is not making an irreversible decision, they are able to revoke this at any time should they wish to discontinue the process.
Coordinating practitioner to make first assessment: The coordinating practitioner will assess the patient in relation to each limb of the eligibility criteria to deduce whether they are suitable to access voluntary assisted dying. They have the option to utilise a second opinion if needed, but must provide all information to the patient, including notifying them of the assessment report.
Consulting assessment by consulting practitioner: An independent consulting practitioner will be introduced to separately assess the patient to ensure that the eligibility criteria is being satisfied to the fullest extent.
Written declaration by the patient: Following the assessments by both the coordinating and consulting medical practitioners, the patient should make a signed written declaration signifying their wish to access voluntary assisted dying.
Final request and review by the coordinating practitioner: Patients will again need to make an unambiguous request to their coordinating practitioner. Upon this request the practitioner will undertake the final review. At this point the patient is still not obligated to continue the process of assisted dying and can at any point revoke their request.

Do healthcare professionals have a duty to engage in VAD?

No, the law does not compel doctors, nurses, or other healthcare professionals to participate in VAD. They cannot be forced to provide information about VAD, assess eligibility, or administer substances for voluntary assisted dying. If a doctor conscientiously objects to VAD, they may assist in finding another willing practitioner. However, if unsuccessful, you might need to take the initiative to get a new healthcare professional who is more open to assisting with the VAD process. Remember, conscientious objection is respected, and alternative support should be sought.

Thinking of Selling your Home or Rural Property

Tue, 16 Aug 2022 05:20:20 GMT

Conveyancing (buying and selling property) is a major part of our firm and our solicitors are very experienced in this area of the law. If you are looking to buy or sell property then contact our office today on (02) 4821 1588 and make an appointment with one of our solicitors.

What should you do first?

You should speak with your solicitor and also the real estate agent of your choice. Allowing them to become involved at an early stage will assist in planning and may mean that issues are dealt with at the beginning rather than coming up at the last moment and delaying a potential sale.

The Agent

All agents will give you a sales inspection report and selling agency agreement. This document is required by law and will set out their recommendations as to the sale price and also their proposed commission and any other selling expenses. In the same document, you complete your instructions as to the price at which they are to list the property.

Agents cannot list a residential property and market it without having a marketing Contract on hand. This must be available to any proposed purchaser to inspect. This is one of the reasons why you need to speak with your solicitor early on.

Solicitor

The solicitor will require your identity documents such as a driver’s licence and if the sale price is likely to be over $750,000 then also your tax file number. These are required to enable us to obtain a clear land tax certificate and a tax office clearance if necessary.

You will also need to provide to your solicitor the following information:

Details of all improvements/buildings erected upon the land.
Details of any inclusions that are included with the buildings such as all fixed floor coverings, blinds, curtains, light fittings, TC antenna, clothesline, swimming pool, heating, cooling, stove, wardrobes, BBQ’s, ceiling fans, whatever might be applicable to your home.
If the home has been built recently and/or altered (last 6 years) then you will need to provide a final occupation certificate and home warranty insurance documents in relation to the house or the alterations and additions.
If the property is a rural property serviced by a septic sewer system then we will need a licence to operate the septic sewer system (obtainable from the Council) and any information about the current operation of the septic sewer system.
If the property has a pool or a sauna, then we will need evidence of registration of the pool with the Department of Fair Trading and a current Certificate of Compliance.
The property will need to have smoke alarms installed.

Contract for Sale

Once the solicitor has this information, a Contract for Sale can be prepared and forwarded to the agent for marketing purposes.

What happens once the purchaser is found?

The agent issues a Sales Advice indicating the details of the sale and any special conditions. The Sales Advice goes to the vendors solicitor and the purchaser’s solicitor/conveyancer and the vendors solicitor prepares a Contract and forwards it to the purchaser’s solicitor/conveyancer.

What are the next steps?

The next steps involve getting to an exchange of Contract. An exchange of Contract means that the Contract is dated, the deposit is paid, and it is at this point that you have a binding transaction. Most exchanges take place on the basis that the Contract is unconditional however in some cases there may be a cooling-off period.

Cooling Off Period

The Cooling off Period exists where an agent exchanges a Contract without a solicitor or conveyancer giving a cooling off certificate. In this event then the purchaser has an agreed (at least 5 business days) number of business days within which to change their mind. They can change their mind for any reason and if they do then they lose 0.25% of the purchase price. Many people need to exchange a Contract with a cooling off period so that they can get their finance approved, building and pest reports completed.

Once Exchanged

Once the Contract is exchanged it will specify the settlement date and then everything is geared towards that settlement date and, if necessary, you will need to be in contact with your bank to arrange for the bank to discharge your mortgage and to give instructions to the bank to deal with your solicitor on settlement.

Superannuation after Death

Tue, 16 Aug 2022 04:58:02 GMT

How is Superannuation handled after you pass away?

On your death superannuation is not an asset that you own in the way that you own your house or motor vehicle. Superannuation is actually owned by the Trustee of the Superannuation Fund of which you are a Member and the Fund will set out how your entitlement as a member of that Fund is to be treated on your death i.e. who gets it.

Binding Death Benefit Nominations and/or Nomination of Beneficiary

It is critical for every person who is a Member of a Superannuation Fund to contact the Trustee of the Super Fund and to complete a Nomination of Beneficiary or a Binding Death Benefit Nomination.

The preference is to make it a Binding Death Benefit Nomination which basically means that the Trustee has no alternate other than to pay it in accordance with that Binding Death Benefit Nomination.

If you do a Nomination of Beneficiary Form that is not binding and the Trustee still has a discretion to determine the people who are dependents and who should receive your entitlement in the Super Fund.

Who should I nominate?

Because of the Taxation Rules it is far better to nominate your spouse as your Beneficiary.

The spouse receives the entitlement in the Super Fund at the best tax rates. Every other person receives any benefit from a Fund at a higher tax rate.

Purchasing a Home

Tue, 16 Aug 2022 04:54:10 GMT

What should I expect or need to do?

The steps required when purchasing a home vary depending upon the nature and the type of property, whether you are a first home buyer, whether there are special rules limiting what you can purchase as a first home buyer, the level of finance available to you, the need for the property to be valued by the lender and approved as satisfactory for the loan that you need, the condition of the property being reviewed such as by a competent friend or getting a pest and building report and most importantly having the Title and the Contract reviewed by your solicitor.

Finance available

Your search for an appropriate property will always start by understanding what finance is available to you and the nature and the type of property that you want.

What property

You then look at properties with real estate agents and if there is a property that you like and it is a residential property, the agent must have a marketing Contract available for you or your solicitor to review – get access to that contract if you are really interested in making an offer on that property.

Once you have the contract, have it reviewed by your solicitor.

Making and offer

If your finance appears to be in order and the Contract is in order then you can go through the process of offer and acceptance and see whether a deal can be done at a price you can afford.

At this stage, there is no binding commitment.

If the deal is struck the agent will either ask you to exchange a Contract with a cooling-off period which is usually 5 business days but often extended to 10 business days (recommended) or he/she will issue a Sales Advice to the vendors solicitor asking that a Contract be prepared and sent to your solicitor.

Once this Contract is received it is often made available to your lender so the lender can approve the loan and in the interim period you might get a pest and building report in relation to the condition of the property.

Exchanging the Contract – What does this mean?

Once you have satisfactory pest and building reports and unconditional finance approved you can move forward to exchange the Contract (the point at which it becomes binding) and you pay the deposit.

In some cases you may not be able to pay the usual 10% deposit and you might need to ask for a reduced 5% deposit or you might need to purchase a product known as a deposit bond (a one off fee) which will guarantee the deposit to the vendor. You can discuss this with your solicitor.

Types of Title

Most properties are Torrens title which is freehold title although there are still some old system freehold titles in Goulburn. There are other versions of Torrens title known as Strata title or Community title and if these apply to the property that you have chosen, you need the specialist advice of your solicitor/conveyancer. You may need to get another search done before you commit to the purchase, that being a strata search (the cost for which is usually about $385).

All of the hard work is done in the beginning. Finding the right place, negotiating the price, making sure that the property is in good condition and negotiating any repair issues that might arise is a critical first part of the transaction before committing and exchanging the Contract.

Settlement

After the exchange the settlement date (when you pay the purchase price and can move in) is set. After exchange and with the help of your solicitor it is all downhill except for the hard work of moving.

Powers of Attorney and Enduring Guardians

Tue, 16 Aug 2022 04:47:35 GMT

Why do you need these?

The simple answer is because we do not know what might happen to us.

Any one of us could suffer medical events such as a stoke or a head injury which causes us to be unable to read, write or communicate – either temporarily or permanently.

If that were to occur how would your financial and property matters (Power of Attorney) and decisions regarding your health and care (Guardianship) be made and who could do that? The simple answer is no one has the legal right to do so.

If such an event were to occur then your partner or family would be required to go to NCAT and to seek an Order from the Tribunal appointing a Financial Manager (Power of Attorney) or a Guardian (Health and Care decisions) to act and make these decisions for you.

Solution

Appoint as Power of Attorney or Guardian a person that you would trust to make decisions on your behalf.

Most usually your spouse or partner.

Consideration can also be given to appointing a substitute Power of Attorney or Guardian in the event that your Guardian or Attorney is unable act.

Family Law

Tue, 16 Aug 2022 04:44:21 GMT

The Courts have no power to resolve the emotions involved in the breakdown of a human relationship.

Know this and understand it.

Don’t expect that the Court has the power or the ability to solve your problems.

The solution is always in the hands of the parties involved and how they handle it. Of course, obtaining good legal advice is a key part of that.

I started my working life in 1966 in the Supreme Court in the Matrimonial Causes Office. I was 17 turning 18 and could not believe that there were that number of people getting married, let alone being divorced.

It was a very raw introduction to an area of law that I did not expect. In 1968 I moved to a firm in Sydney that undertook, in a specialist way, family law – as it then was.

Very quickly thereafter family law changed. The jurisdictions of each State Court were handed to the Commonwealth Government and the Family Court was established with jurisdiction in some Local Courts and Magistrates Courts. This was as a result of the introduction of the Family Law Act by the Australian Government in 1975.

Wide, and far reaching, changes were made in the Court systems. They are still evolving.

My advice to someone in this sad and difficult position is always guided by the following:

Breakdown of relationship – an extremely sad and distressing situation for each party like a death involving grief. Usually, one party is ahead of the other in that process and has already made the decision. When the decision is made known to the other, the grief for that party is even more extreme because they have to then process and live through it.
These human emotions produce natural reactions which unfortunately for many of us mean that we want to hit out and hurt the other. Well meaning family members often become involved and offer all manner of advice, some of it not always helpful.
Add to this today’s world of social media and you have people offering and or posting all sorts of material which rarely has any use or help at all to the parties involved.
My advice so far as is possible do not become involved in this type of behaviour. Don’t respond to what you see, minimise your reaction and to get good advice about your legal rights and what you should do.
Can I get a divorce straightaway? No. You need to wait a year from the separation date.
You can however deal with property settlement and hopefully reach agreement as to property. To do this you are required to enter into a Mediation process (which can be informal) but with full disclosure to each other your financial circumstances. With the help of Mediators or solicitors you can reach an agreement which can be approved by the Court.
Child support can be dealt with immediately. In some cases where parties are dependent upon a supporting parent pension they have no choice as the pension authorities insist that a child support assessment be made.
Children. There is no property in children only a responsibility to look after them and to care for them properly. Serious consideration should be given as to how they are affected by people that they love breaking up. They need to know and love each parent even though they are separating.
No parents need orders about their children, they simply need to agree on how they will be looked after, by whom and when.
Circumstances of children will constantly change as they grow, and the parents need to adapt to that and change whatever arrangements have been in place to meet the new circumstances.
There is no black and white or guidebook that says who should look after children, how often and when. It is a matter for the parents and the circumstances but mostly dictated by common sense. They need a stable base, a bed and a home in which they feel secure, and they need to be able to visit another home where they also feel secure.

How a separation plays out depends entirely upon the parties and how they react to that separation and how they deal with these very confronting issues.

Not easy but with experienced and considered advice you can get through it.

Morris Owen.

Wills

Tue, 16 Aug 2022 04:37:38 GMT

Our solicitors are experienced in drafting Wills, providing advice on succession planning and we regularly assist beneficiaries and executors with Estates (including contesting an estate).

To make an appointment with one of our solicitors, contact us office today on (02) 4821 1588.

Why do I need to make a Will?

The simple answer is that it allows you the opportunity to have a say on how your property and assets are to be dealt with in the event of your death and who will manage your property and carry out the terms of your Will.

Executor

Naming an Executor (and you need to make sure that they are happy to act in this capacity before you appoint them) provides a person with the responsibility to carry out the terms of your Will.

While it may sound onerous or frightening, it is not.

Most Executors see the solicitors who have the Will and they will get advice about what is required to be done and all of the paperwork, applications and forms will be prepared by the solicitor for the executor and beneficiaries.

What to do with my Assets?

The first step your solicitor will undertake is to ascertain the nature of your current assets. How are they held and what are those assets?

In many cases, where assets are held jointly and/or the house or real estate is held in joint tenancy then the Will actually has no effect upon the death of the first of the couple because the property or bank account will pass automatically to the survivor by survivorship.

A proper examination of your assets by your solicitor will assist you in understanding what happens on your death. This is an essential part of the Will making process.

Probate

In some cases we need to get a Grant of Probate. Do not be concerned by that word - it is not Death Duty. A Probate is simply a document issued by the Supreme Court which certifies that someone had a Will, that they have died, that they have appointed an Executor and the Executor now has the authority of the Court to carry out the terms of the Will, transfer property, close bank accounts etc.

What happens if I do not make a Will?

If you do not make a Will and you have property that needs a Grant of Probate to enable someone to transfer that property, then we will need to go to the Supreme Court and apply for what is called “Letters of Administration” (the equivalent of a Probate but where there is no Will).

Who receives my property if I do not make a Will?

There is a statutory list which details who gets your property. This is why you need to make a Will to make sure that your property goes to the persons or people of your choice.

Buying a Vacant Residential Block of Land

Tue, 16 Aug 2022 03:07:48 GMT

If you are considering a vacant block of residential land to build a home on then the following is a brief check list of the things you need to consider:

Do I have the finance to purchase and if so do I need to borrow and what is my borrowing capacity?

This needs to be checked with your lender or broker. Firstly, it will depend upon your income and financial commitments as to the level of borrowing and the second step will be once you have located a block, the lender will have the block valued to ensure that it meets the valuation and purchase price guidelines. Generally, a lender will only lend a specified percentage of the value regardless of your earning capacity.

Consider when you are wishing to build

You might need to factor in the cost of the build with the loan approval process and you will need to understand the lender’s requirements about the build costs. They will most often need plans and a quotation from the builder at least as a guide.

In many cases they will not approve the second stage building until a valuer has placed a value on the block of land and the building when completed based on Council approved plans and therefore there is an area of uncertainty before you get the Council approved plans.

Generally, you cannot get Council approved plans unless you are the owner and you have already purchased the block.

You need to have your Solicitor look at the Contract

Why? To make sure that there are not restrictions that would restrict the area upon which you can build and/or that designate the type of building that you build.

Restrictions on the use and sewer mains and/or easements are frequent issues in relation to many blocks in many new subdivisions. They are not usually super restrictive but you need to understand them to make sure what you want to build can be built.

When you find a Block

You then have your solicitor and lender look at the contract and make sure that the above conditions are able to be met and that you can proceed.

If you are certain of your finance and that you can build what you want to build then you will be asked to sign the Contract and pay a deposit.
The Contract is then exchanged (the point at which it becomes binding) by your solicitor and then settlement takes place in accordance with the contract (usually 6 weeks or thereabouts).

Purchase subject to registration of a subdivision.

In many cases this is the way in which land is released and there is no problem with this at all other than the fact that you cannot complete the purchase and become the owner until the subdivision is registered. This often means delay between your choosing the block and actually settling and owning the block.

The downside here is that if you want to proceed and build immediately you cannot because you will not be the owner until the plan is registered.

The critical question is how long it will take until the subdivision is registered. This is the question you need to ask the selling agent or the subdivider.

Some subdividers who are very practiced in registering the plans will give you a very clear answer about their plans. Some less practiced subdividers may not be able to give you that assurance.

Most contracts have a sunset clause of 6 months but in many cases that sunset clause (the time by which they must register their plan) is 12 months or even longer. Be aware of this clause and make sure that it fits in with your plans.

Another thing to be aware of is to understand whether the subdivider can extend the sunset date and if so under what circumstances and for how long?

Purchasing a Rural Property

Tue, 16 Aug 2022 02:49:05 GMT

Why Purchase a Rural Property

This is usually a lifestyle choice and that choice recognises that it is not a choice for everyone. That being the case, accept from the beginning that if you choose to buy a rural property that it will not be as easy to sell as an ordinary 3 or 4 bedroom home in a country town.

There are simply less people who wish to purchase a rural property.

That said, the benefits of living in a rural area are many and wide ranging which vary from a small residential hobby block to the larger farming properties that might have potential sub divisibility or simply a bush lifestyle.

Some purchases of rural properties are made with a view to subdividing in the future and if this is your aim then you need to be certain from the outset and get good legal advice and planning advice about whether the land is in fact capable of being subdivided and if so the number of lots etc.

Vacant rural land

If the land is vacant rural land then there are a number of additional issues to consider when building and they relate to:

Legal access to the block;
Accessibility to your proposed house site. Is it practical?
Rural fire hazard rules which will impose additional restraints upon or conditions upon your development consent to build.
The cost of getting electricity to the site.
The cost of providing water on site.
The cost of providing an appropriate sewerage septic disposal system.

These are all matters that you need to take into account and as a cost factor into the ultimate building costs.

Existing dwellings on rural properties

You should consider getting Pest and Building Reports regarding the condition of the home.

If there have been recent alterations or additions or the home has only been built recently then you should get the Final Occupation Certificate and Home Warranty Insurance Certificates.

There should be a permit to operate a sewerage septic disposal system and it should be operating properly.

Noxious Weeds or Vermin – Chemical Hazards

You should also look for these and enquire about whether or not the property has a history of any noxious weed notices, notices requiring the eradication of vermin or any history of hazardous or environmentally unsafe chemicals being used or stored upon the property.

The Contract

As usual, having your solicitor review the Contract and consider the above matters before you enter into a Contract are critical. In addition, you need to be sure that you have finance approved in writing upon terms and conditions satisfactory to you.

Things To Consider Before Hiring The Right Probate Lawyer

Sun, 28 Nov 2021 22:33:04 GMT

The death of a family member is a traumatic and devastating occurrence for anyone and when you find yourself immersed in the supreme Court for the probate of the deceased’s estate it becomes even more traumatic and stressful. Even with sophisticated estate planning, families can find themselves dealing with the probate process which can be confusing as it’s a highly specialised field of law. Finding a good probate lawyer in Goulburn is not an easy task for someone dealing with a death in the family, but it's crucial to navigate this legal procedure and for a favourable outcome of the matter. Finding an experienced probate lawyer to guide you through the entire legal procedure can make it a much easier process. Make sure you select an experienced lawyer who specialises in the

right area of law - in this matter, choose a lawyer specialising in probate law guiding the executor of a will or beneficiaries of an estate through the probate process to settle the affairs of the deceased such as identifying estate assets and beneficiaries to distributing assets and inheritances.

What does Probate Law cover?

Probate law covers proving that the will left by the deceased person is valid
Probate law also covers determining the entitlement of a person where no will is left by the deceased.
Identifying and listing the deceased’s property - both assets requiring probate and assets not requiring probate.
Obtaining a property appraisal
Preparing all documents required by the supreme court in a timely manner
Settle disputes amongst executors and representatives and beneficiaries
Assist with the sale of estate property
Paying debts and taxes
Distributing the property as dictated by the will or the relevant succession legislation.

Looking For a Probate Lawyer in Goulburn? We Can Help!

Choose a law firm that has a dedicated team of Goulburn probate lawyers and that is:

Ready to devote its attention to your needs and work with you towards a favourable outcome.
Highly focussed on providing the optimal client experience.
Supportive and willing to go the extra mile to solve their client's problems.
Has been around for several years and has mastered the art of probate law.

In all matters that need dispute resolution, finding the right lawyer is crucial to achieve the right outcome. Make sure you're signing up with a probate lawyer who is:

Helpful and knowledgeable in the field of Wills and Estate Planning.
Is diligent, thorough and remains objective about your matter.
Communicates clearly and is good at listening to all your concerns.
Focuses on major goals without wasting time and is objective about your matter.
Their services represent good value for money.
Uses logic and persuasion to negotiate.
Is efficient and addresses all your queries.

Especially in a challenging time following the passing of a loved one, you want to make the right decision and turn to an experienced lawyer who has complete knowledge of probate law and can help you understand and navigate this legal process with ease.

Finding the Probate Lawyer Who's a Good Fit for You

When you need an estate and probate lawyer Goulburn, you want to make the best decision and hire somebody experienced, dependable, and efficient. Take the time to seek out a lawyer that you are confident about, like the ones at Johnson & Sendall. We understand that most of our clients seek our probate services in challenging times after a family member has died. We collaborate with you to make it all an easy and streamlined process so that the whole legal procedure is less emotionally draining for you and your family. Our legal team is experienced in handling both routine and complex probate law matters, we fully understand the emotions involved with sensitive issues and our responsive, prepared, and compassionate lawyers will guide you through the complexity of the legal process from start to finish. For more information regarding probate law, call us today or directly schedule an appointment with one of our experienced probate lawyers.

Planning On Getting a Divorce? Top Tips from Goulburn Family Lawyer to Get Through This Difficult Phase

Wed, 06 Oct 2021 07:02:24 GMT

A divorce and separation is a traumatic experience for couples as ending a relationship is an extremely stressful life event. As Goulburn family lawyers we have professionally advised many people going through a relationship breakdown and fully understand that a divorce and separation can be a complicated and emotionally draining period for anyone, especially when children are involved. By being fully informed about your rights and understanding the procedure well, you can navigate through the process during this challenging time. So, with

that in mind, here are some practical tips from our Goulburn divorce lawyers to help you prepare for divorce or separation and make sure all proceedings are as pain-free as possible.

Tip 1: Get Legal Advice ASAP

When going through a separation, rather than sooner, most people usually wait too long to approach a family law solicitor. No matter how amicable or complicated the situation is, it's always in your best interest to make an appointment with a Goulburn family lawyer. Ensure the lawyer is highly qualified and has experience in the field to guide you throughout the separation and divorce proceedings. Your lawyer can help you achieve a favourable

outcome and advocate for you during all court proceedings making sure you are treated fairly.

Tip 2: Get All Legal Documents and Asses Your Finances

Most times between separating couples, matters regarding finances and property can become hostile. In many cases, coming to an agreeable arrangement regarding finances and assets becomes a big challenge. As a first step, getting a detailed assessment of your and partner’s current financial position is extremely important. It is imperative for your family lawyer to do an audit of both individual and joint finances and write it all down in detailed records. All major assets, real estate, personal assets such as vehicles, jewellery, bank accounts, stocks or investment accounts, business accounts, details of trusts and superannuation accounts, a list of all debts etc. would be comprehensively assessed. Your family lawyer would also advise you on the list of important documents needed to file for your separation/divorce proceedings. If you’re unsure of all the documents you need during the proceedings, you should confirm this with your Goulburn family lawyer.

Tip 3: Keep Communication Open And Be Realistic

Any divorce settlement must be fair and must provide for both parties so always have realistic aspirations to avoid prolonged litigation and unnecessary costs. Positive communication enables couples to move forward, and your lawyer can help you with open communication that can provide a form of closure and peace. As a separating couple it’s important for you and your partner to focus on positive and constructive communication during the divorce and separation proceedings as that would reduce the costs for the both of you.

Tip 4: Stay Open Minded

Explore all options available to you and bring all necessary information to your sessions. Your family lawyer can always allow you to reach a mutually beneficial and creative arrangement. Stay open-minded during the entire process and get a Goulburn divorce lawyer who can lead to proposals that work well.

Tip 5: Focus on Your Future

Divorce and separation process can be difficult and emotionally exhausting for anyone going through it. The lawyers at Johnson & Sendall can help you understand everything better so you can start moving forward towards a happy future. If you can focus on your future happiness rather than the past, going through the process and legal proceedings will be much easier to get through.

Tip 6: Count On A Divorce Lawyer Goulburn You Can Trust

Johnson & Sendall have experienced separation and divorce lawyers in Goulburn who can guide you through and protect your rights when going through a divorce, separation or deciding for your children. Find out more about divorce or ending a relationship by giving us a call today.

When Do You Need A Family Lawyer? Find Out Here....

Tue, 07 Sep 2021 05:17:34 GMT

Family law is a unique area of law as legal matters involving family members can be extremely emotional and difficult to deal with. Separating or divorcing from a loved one is never easy, and it can be an incredibly personal and difficult aspect of your life. Child custody, property disputes, domestic violence and divorce are complex matters and can have an impact upon you probably for the rest of your life. These matters are best handled

by an experienced Goulburn Family Lawyer. You want to have the confidence and comfort knowing that you have an experienced Family Lawyer on your side to protect your interests and fight harder to get you the best outcome for your situation. Whether you have any questions or are considering separation or divorce, consult an expert family lawyer for help.

A family lawyer who focuses on separation and divorce cases also handles everything that goes along with them such as legal representation, property division, arrangements for children and child support advice. A family lawyer possesses the knowledge and skills to handle each of these issues with experience and sensitivity ensuring they are with you every step of the way. Making an appointment with a Goulburn family lawyer is the most important first step to getting the family law advice you deserve.

Goulburn Family Lawyer: Areas of Expertise

An experienced and seasoned family lawyer will have a breadth of family law expertise, including any of the following matters:

Divorce and separation
Legal Separation
Mediation and settlements
Property settlements
Parenting matters
Child support, Child custody and Child visitation
Guardianship matters
Domestic Violence Restraining Orders
Prenuptial, post-nuptial and de facto agreements
Complex asset division
Spousal maintenance
Same sex and de facto matters

Choose the Right Family Lawyer

Choosing the right family lawyer to help with your divorce or separation is an important decision. However, finding an experienced lawyer can be difficult for many. You are probably going through your own emotional rollercoaster trying to find the right family lawyer can add to the stress and dilemma. You need a family lawyer who can work with you during this distressing time while providing right legal skills and invaluable expertise in all related matters. Here are some tips for you to consider when selecting your family lawyer:

Don’t wait to engage a lawyer in a short time and start your search for the right
family lawyer soon
Ask around and research well to choose the right family lawyer for your
circumstances
Trust only an expert
Meet the lawyer before hiring
Communicate your needs clearly
Compare the costs vs the service being provided and don't let it be the only factor!

We Are Your Trusted Goulburn Divorce Lawyers & Expert Family Solicitors

Family law includes rights, obligations and wellbeing of children, spouses, and domestic partners that comprise a family, and covering issues such as same-sex marriage and divorce, as well as criminal matters like domestic violence. Johnson & Sendall family law solicitors have in depth experience helping people in and around Goulburn with all family law matters.

At Johnson & Sendall we believe that great legal representation involves not only delivering positive outcomes but also reducing client anxiety during the intricate legal process. Our family lawyers are committed to providing highly skilled legal representation while working closely with our clients delivering peace of mind and relieving their stress. Our legal team is experienced in handling both routine and complex family law matters, we fully understand the emotions involved with sensitive issues and our responsive, prepared, and compassionate lawyers will guide you through the complexity of the legal process from start to finish. We invite you to take the first step toward knowing more about your rights by scheduling a consultation with our Goulburn family lawyer today.