Newman & Pengilley should be your first stop if you need help with:

• Buying and selling houses, land, units and farms

• Wills and estates

• Disputed wills

• Buying and selling businesses

• Leases and agreements

• Family law

• Elder law (including retirement villages, Powers of Attorney, Guardian Appointments)

By concentrating on these areas of legal practice, we maintain a high standard of up-to-date knowledge and skills. For other areas, we know the right lawyers to refer you to should specialist services be required.

List of Services

CONVEYANCING AND PROPERTY LAW

Real Estate (land)

• Sale of real estate (including all types of title – eg Torrens, Strata, Community, Qualified, Limited, Crown Lands)

• Purchase of real estate (including all types of title – eg Torrens, Strata, Community, Qualified, Limited, Crown Lands)

• Commercial property

• Residential property

• Rural property

• Related Discharges of Mortgage or new Mortgages

• Retirement Village purchases

• Retirement Village sales

Water Access Licence

• Sale of Water Access Licences

• Purchase of Water Access Licences

Leases

• Acting for Lessor (landlord)

• Acting for Lessee (tenant)

• Preparation of Leases for Lessor

• Advising on Leases for Lessee

• Assignment of Lease from one Lessee to another

• Consent to Transfer of Lease on behalf of Lessor

• Sub-Leases

• Lease disputes

Miscellaneous

• Subdivisions (including advising as to easements, restrictions and covenants, liaising with surveyor and registering plans)

• Acting for mortgagee/lender on mortgagee sales

• Applications for Possessory Title based on long standing adverse use

• Creation and extinguishment of easements, rights of carriageway

• Building Contract advice

• Mortgage Refinances

COMMERCIAL AND CORPORATE LAW

Business transactions

• Business purchase contracts

• Business sale contracts

• Franchises

Companies

• Share sale agreements

• Shareholder agreements

Partnerships and Joint Ventures

• Partnership agreements

• Reviews of Partnership Agreements

• Partnership dissolutions

• Partnership disputes

• Joint Venture Agreements

• Joint Venture Terminations

Associations

• Incorporated Associations

• Unincorporated Associations

Trusts

• Discretionary Trusts

• Unit Trusts

• Hybrid Trusts

Financial matters

• Mortgages as lender

• Mortgages as borrower

• Loan Agreements

• Independent advice for guarantees

ELDER LAW, WILLS AND ESTATES

Appointments

• Enduring Powers of Attorney

• General Powers of Attorney

• Special purpose Powers of Attorney

• Enduring Guardian Appointments

• Reviews of existing Enduring Powers of Attorney and Enduring Guardian Appointments

• NCAT (formerly Guardianship Tribunal) applications

Wills

• General Will drafting

• Wills for parents of children with disabilities

• Wills establishing testamentary trusts

• “Mirror” Wills for spouses

• Wills in contemplation of marriage

• Wills establishing rights of residence for second and later marriages

• Reviews and updating of existing Wills

Estate Administration

• Applications for grants of Probate (where there is a Will)

• Applications for Letters of Administration (where there is no Will)

• Estate administration where formal Probate/Letters of Administration Grants not required

Estate Disputes

• Challenging the validity of a Will (lack of testamentary capacity, undue influence, informal documents)

• Family provision claims – acting for disappointed beneficiary against the estate

• Family provision claims – acting for Executors to resist claims made against the estate

• Resolution of estate disputes through mediation to avoid litigation

• Resolution of estate disputes by negotiation and Deed of Family Arrangement

FAMILY LAW

Marriages

• Prenups (Financial Agreements before marriage)

• Reviews of Financial Agreements

• Wills made in contemplation of marriage

• Separation advice

• Divorce applications

• Resolution of property disputes through mediation/negotiation and Financial Agreements

• Contested property disputes in Federal Circuit and Family Court of Australia

• Enforcement of Court Orders

Defacto relationships

• Prenups (Financial Agreements before cohabitation)

• Review of Financial Agreements

• Separation advice

• Resolution of property disputes through mediation/negotiation and Financial Agreements

• Contested property disputes in Federal Circuit Court/Family Court

• Enforcement of Court Orders

Children’s Issues

• Resolution of child disputes through mediation and consent orders

• Acting for either parent in contested child disputes in Federal Circuit Court

• Acting for grandparents (or other persons with a legitimate interest) in child disputes

• Applications to determine who the child/children live with

• Applications to determine how much time the other parent spends with the child/children

• Relocation applications – as applicant or respondent

• Enforcement of existing Orders

• Child Support Agency advice

• Adoptions

OTHER LEGAL WORK TYPES

This list of services includes those areas of legal work Newman & Pengilley is able to carry out directly on your behalf. For all other types of legal work we have an extensive range of contacts and experts to whom we can refer you.