Services
+ Family Law
At Burridge, Harris & Flynn, we offer you a full range of family law services including:
Property settlement/disputes
Children’s issues including who a child lives with and with whom a child spends time in the care of
Child welfare law
De facto and close personal relationship property settlements
Divorce
To find out more information, or to book a consultation with our family law specialist Amanda Steiner.
(02) 66 422 922
Frequently Asked Questions
Q: Why should I formalise a property settlement by consent order?
A: It is important to finalise a property settlement by consent order to protect against claims at a later time. If a formal court order is not obtained a former spouse can make a claim for property settlement up to one year after a divorce (if married) or two years after separation (if de facto). The court would look at the assets and their values at the time of the court application and not at the time of separation. This may include assets acquired well after separation. If property is being transferred from one partner to the other pursuant to a court order there is stamp duty relief on that transfer.
Q: What happens to our property if we separate?
A: This depends on many factors, including financial contributions, contributions as a parent or homemaker, health, care of children under 18 years and income. The likely outcome will vary depending on your circumstances and will require careful analysis.
Q: How can I resolve property and children’s matters?
A: If an agreement can be reached, both property and children’s matters can be resolved by a consent order. This is a document signed by both parties and filed at court. Once consent orders are made they are legally enforceable against both parties. If agreement cannot be reached it will be necessary to commence court proceedings. The Family Court or Federal Circuit Court will make a decision if there is no agreement. Children’s matters can also be settled by a parenting plan which is an informal agreement and is not legally enforceable.
We can assist you in negotiating consent orders, preparing consent orders or a parenting plan or representing you in court proceedings if settlement cannot be reached.
Q: Is a de facto property settlement the same as a married couple’s?
A: De facto property settlements, including settlements for same-sex couples, are dealt with under the Family Law Act if the relationship has existed for two years or there is a child of the relationship or in other limited circumstances. Any application under the Family Law Act should be commenced within two years of separation.
Q: Is it necessary to undertake family dispute resolution in children’s matters?
A: Except in circumstances of urgency or if there is family violence, it is necessary to undertake family dispute resolution prior to commencing court proceedings in relation to children. Family dispute resolution (FDR) is mediation and is an excellent opportunity to discuss issues in a productive manner prior to court. We can provide you with assistance in preparing for FDR and representing you in lawyer assisted FDR including Legal Aid conferences.
Q: Do you do Legal Aid work?
A: Yes, and we can assist you to prepare your application for Legal Aid. If you choose to apply directly to Legal Aid for a grant and nominate us as your Lawyer, we may not be able to act for you. You should call our office first before you submit your application.
+ Property Law
At Burridge, Harris & Flynn, we specialise in the purchase or sale of real estate. We have considerable experience in a broad range of land deals including:
- Flats or home units
- Houses
- Vacant land
- Rural properties
- Commercial buildings
- First homes (including applications for duty concessions or exemptions)
- Updating or downsizing your home
- Aged care contracts and retirement homes
- Large rural holdings
- Intergenerational transfers
- Town planning and development
- Subdivisions
Our specialist Scott Flynn has over 30 years’ experience in the Clarence Valley and can advise on issues such as:
- Local Government law
- Succession planning
- Dealing with dip sites, crown leases, enclosure permits and EP purchases
- Access issues and Water Access Licences
- Correspondence with councils, surveyors and other professional advisers
- Advice for developers
- Advice on the sale and purchase of shopping centres and commercial buildings
- Advice on permitted legal use of properties
To find out more information, or to book a consultation with our conveyancing and property law specialist Scott Flynn, give our friendly team a call.
(02) 66 422 922
Frequently Asked Questions
Q: Can I get out of the contract?
A: It may be that you are not even in a contract. This is a common area of confusion and requires careful analysis by a skilled lawyer.
Q: Do I have a cooling off period?
A: If you are selling land you do not have a cooling off right, but the buyer might. If you are buying land, you might have a cooling off right depending on the size and type of land and the circumstances in which you entered the contract and what sort of property it is. There are particular laws governing this area and it pays to seek proper advice.
+ Wills and Estates
At Burridge Harris & Flynn, we are experienced in providing wills and estates services including:
- Wills
- Powers of attorney
- Guardianships
- Succession planning
- Probate and estate administration
- Contested wills
- Family Provision claims
- Testamentary trusts
We offer bundled prices for some of these services to save you time and money.
To find out more information, or to book a consultation with our experienced wills and estates lawyers Amanda Steiner or Scott Flynn, give our friendly team a call.
(02) 66 422 922
Frequently Asked Questions
Q: Does my will need updating?
A: This can only be answered by careful analysis of your present and expected future needs or requirements. Changes to the law might have a significant effect on your will. Any significant changes in the family or financial circumstances of yourself or a beneficiary may require your will to be updated.
Q: Who gets my property if I do not have a will?
A: The law sets out a defined group of people entitled to inherit your property, but these may not include the people you want or in the shares you want. If there is no person of the defined group, the government gets your property.
+ Business Law
The purchase and sale of a business, business structures and related commercial documents such as franchises, retail and commercial leases, loan agreements and trust deeds.
To find out more information, or to book a consultation with one of our experienced lawyers, give our friendly team a call.
(02) 66 422 922