Combining extensive industry knowledge with deep legal expertise, we work on transactions and cases that define and shape the market.
“Real People…Real Solutions”
Property Law & Conveyancing
We understand that buying or selling a residential, commercial or industrial property is a big decision and a significant matter for most people. We cater to all people making property transactions in New South Wales including international investors.
Anderson Boemi Lawyers can provide assistance with conveyancing and property law in the following ways:
Preparation and reviewing contracts for sale of land
Property transactions – sale and purchase
Commercial and Retail Leases
- Mortgages, refinancing and property deposit bonds
General property dealings – Transfers, Caveats etc.
Our conveyancing services are offered at competitive rates, and we deliver them through a highly qualified team. Click on the “Conveyancing Kit” button and Contact our conveyancing team to recieve your free e-book. The conveyancing Information Kit provides a complementary step-by-step guide to your conveyancing transaction as part of our service.
Buying a New Home
Anderson Boemi has been providing conveyancing services and legal assistance to help people purchase and sell their property for over 10 years.
Buying a new home can be a stressful time. The legals and documentation involved can often seem overwhelming, and the right legal advice can make all the difference to the process and outcome of the transaction.
No matter what stage of the process your in, we are here to make sure you have the right information and resources so that you can feel confident you have the support you need to complete your purchase
Our Services include:
- Preparation of Contract of Sale
- Negotiation of sale terms & conditions between Vendor & Purchaser
- Exchange of Contracts & Holding Deposits
- Property Settlement
Selling Your House
Retail and Commercial Leases
If you are looking to take up a retail or commercial lease, it is important to obtain legal advice from an experienced lawyer at the outset of entering into a lease, as it has the potential to have a negative impact on your business’ cash flow, your expansion or moving plans, the type of work you can carry out or many other issues that are important to your business.
We can help you with:
- Drafting and reviewing retail and commercial leases
Negotiating the terms of the lease (including rent, transfer options, duration, exit and renewal options)
Subletting of premises
Insurance advice and assistance identifying the most suitable business insurance opportunities
Possible dispute resolution
Call one of our lawyers today or click on the ‘Request a Quote’ button and fill in our form and we will get back to you with an estimate of costs.
CRIMINAL OFFENCES & THE LAW
If you have been charged by the police with a criminal offence, we can help you throughout the process from your arrest and being taken to the Police Station through to your final court appearance.
Anderson Boemi have experienced Criminal Lawyers that can provide assistance if you have been charged with the following criminal offences:
Appeals to District and Supreme Courts
Apprehended (Personal and Domestic) Violence Orders
Assaults, including sexual assaults
- Bail Applications
- Computer and on-line crime
Supply, possession and use of illegal drugs
Firearm and dangerous weapon offences
Murder or Manslaughter
Stealing and fraud offences
Our experienced Criminal Law Specialists, Warwick Anderson, attends:
- Local Court
- District Court
- Court of Criminal Appeal
- Children’s Court
- Coroner’s Court
Penalties for Drink DrivingWhat to expect when you go to Court – FAQ
What to expect when you go to Court?
Your time at Court can be a stressful and uncertain one.
We have provided you below with some tips on how to make this difficult day a bit easier.
What are the general Court times?
Court normally sits between 9.30am and 4.00pm from Monday to Friday.
What are the basic Court rules that I should be aware of?
- Make sure you have switched off your mobile phone.
- Remember to bow to the Court as you enter and leave the Court. This shows respect for the Court and the Criminal Justice System.
- Do not chew gum, drink or smoke inside the Courtroom.
- Be quiet in the courtroom, show respect for the court, the judge and other people in the courtroom.
What do I wear?
Wear conservative, comfortable clothes, do not wear revealing or tight clothes.
Make sure you look clean, neat and tidy.
Guys, make sure you shave. Do not wear hats or sunglasses.
What to think about when getting to Court
If you are catching public transport make sure you check the timetables and leave plenty of time to get there, to find the Court and your Courtroom and allow for any unforeseeable mishaps.
If you are driving, or have someone else to drive you, again, make sure you allow enough time for traffic or parking issues and familiarize yourself with the route before the Court date.
How long do trials take?
This depends on each matter, factors such as the complications of the case, the number of witnesses and the strength of arguments all play a role in how long the trial will last.
Some trials take less than a day, some a few days, others take months.
Do you have to give evidence?
New South Wales law says that an accused person does NOT have to give evidence in their own case.
Do you need a lawyer?
No. It is up to you if you want to be legally represented.
If you do not have enough funds, then you may engage Legal Aid to represent you, free of charge. It is recommended that you are legally represented as a lawyer will be better able to present your case to the magistrate.
Do you need to take an oath?
Yes, you will be asked to take an oath or affirmation to promise that the evidence you are giving is the whole truth.
What are the different types of evidence given during a Court hearing?
- Evidence-in-chief – This is when the prosecutor asks questions of witnesses.
- Cross-examination – This is when the defence questions the witnesses.
- Re-examination – This is when the prosecution is allowed to ask further questions of witnesses.
Each witness for the prosecution are questioned and cross-examined. Then witnesses for the defence will be called for questioning and cross-examination. Once all evidence has been given to the Court, each side’s legal representatives make their closing speeches.
If your hearing is a summery one in the Local Court, then the magistrate makes a decision as to whether you are guilty or not guilty and decides on appropriate sentencing. In a jury trial, the jury members decide, if beyond reasonable doubt, they consider you to be guilty. The Judge will then decide the sentence at a later Court date.
What are the different types of Court hearings and events?
- Summary Hearings are where the magistrate determine the case by either convicting the accused, dismissing the matter, or making some other order regarding the accused.
- Committal Hearings – are where the magistrate decides if the matter should be committed for trial in the District or Supreme Courts.
- Mentions are pre-hearing Court events where the case is decided if it is ready.
Can the media report on every Court case?
Most Court cases are open to the public and therefore the media. Some cases which are deemed so sensitive in nature, may be heard in a closed court where the public and therefore the media are excluded from the courtroom.
What are Victim Impact Statements?
If you have been found guilty, certain victims of your crime may be entitled to provide the Court with a written statement about how the offences you have been convicted of, have affected them.
Immediate family members of a victim who has died as a result of an offence may also make victim impact statements.
What is a Pre-Sentence Report?
This report provides the Court with details of the offender and is prepared by a Probation and Parole Officer to help the Court decide on appropriate sentencing for the offender.
Local Court Process
The Local Court process changes depending on whether you decide to plead guilty or not-guilty.
Depending on the nature of the matter, on the first occasion the matter is in Court, Orders may be made for the prosecution to serve us with a Brief of Evidence. If no such Order is made (such as if the matter is a simple one) then the plea of not-guilty will be made and a hearing date will be set there and then.
Otherwise, Order for Service of the Brief of evidence will be made, and the matter will be adjourned for six weeks for us to reply to the Brief. At the reply date, the plea of not-guilty will be confirmed.
The matter will then be listed for a Hearing date.
During that time we will prepare for the hearing. At the Final Hearing the matter is finalised.
The first time the matter is in Court it should be determined whether the matter can be finalised. If so, submissions will be made and the matter will be heard and finalised on that day.
If the matter cannot be finalised on the first Court date (which is usually the case; such as when a diversionary program is needed like attendance at the Traffic Offfenders Program) then the matter will be adjourned for completion of program (or for example, to obtain expert reports, pre-sentence reports etc).
At the second appearance; usually the Final Hearing, submissions will be made and the matter will be heard and finalised.
For more information on the Court process, click here.
There has been an increasing move away from custodial sentences and towards community based sentencing for certain offences to offer greater flexibility for punishment and relief for victims.
Our criminal law team have in-depth experience in alternative justice methods of criminal sanctions and can help you obtain the most favourable outcome for you.
Restorative Justice describes meetings where people affected by a crime discuss what happened in an effort to repair some damage done by the criminal act and to encourage offenders to take responsibility for their actions.
This brings together the offender, the victim, and other people affected by the crime.
Victim and Offender Conferencing
These conferences occur between victims, offenders and support persons to discuss the crime and the impact it has had on the participants lives. A Conference Agreement may be entered into which outlines what should be done to help repair some of the damage caused. Such Agreements may include an apology, repayment, repair of damage to property, community service work and an undertaking by the offender to seek support, counselling or treatment.
Youth Justice Conferencing
The young offender, with his/her family is brought face to face with the victim of their crime to hear about the harm caused by their actions and to try and make those offenders take responsibility for their crimes in a different sense.
The members of the conference together come up with a suitable outcome for the crime.
If your marriage or relationship has broken down, we can help you resolve any problems quickly and efficiently.
If you are having trouble arranging access to your children, one of our Family Lawyers can help you establish a workable solution. We can also help you decide on final property settlement terms.
There is no need to spend thousands of dollars on legal fees in relation to any family law problem. We can help resolve children, property and financial disputes quickly and fairly.
Our main areas of practice in family law are:
Divorce and separation
Property Settlements – (division of property and assets)
Child custody and child support
Access, contact and spending time with children
Applications when Court Orders are disobeyed (Contravention Applications)
- Prenuptial and cohabitation agreements
Anderson Boemi Lawyers not only have experienced practitioners skilled in the area of family law, we also have a team of criminal lawyers to provide assistance where ADVO’s are present or required.
Contact our team to find out what you need to do and how we can help you.
A divorce is the dissolution of the marriage only.You must understand that a divorce does not solve problems with children or property (ie money). Children and property matters are dealt with seperately.
Applying for a divorce is an emotional and difficult decision to make. Before you are granted a divorce by the Court, you must do the following:
1. You must be separated for at least one year
You need to identify the final date of separation. There are exceptions for circumstances where you and your partner are separated, but still live under the same roof.
2. Complete and file a Divorce Application
Once your application has been accepted by the Court and you have received the application back with a Court Seal you must then give a copy of the sealed document to your spouse.
3. Give (or serve) a copy of the Divorce Application to your spouse
Be careful, the rules for serving documents are strict and the application must be served within twenty eight days of the hearing date. If this step is not followed correctly, the process could break down and cause further delay.
4. Attending Court for your divorce hearing
If both you and your partner agree to the Divorce, then there is no need to attend Court, however, if children are involved, it is recommended you attend the hearing.
Your divorce will become final (meaning the marriage is legally dissolved) ONE MONTH after the divorce Order is granted by the Court. This is known as a decree absolute.
Contact our Family Law team and speak with one of our experienced Divorce Lawyers so we can help make this process as quick as possible.
“No- Fault” Divorce Principle in Australia.
The Family Law Act 1975 established the ‘no- fault’ divorce principle in Australian Law. This means that the courts do not take into account the reason for a breakdown of a marriage when dealing with an application for divorce.
The only ground necessary for a divorce is to establish to the court that the marriage has broken down irretrievably. This essentially means, that there is no reasonable likelihood that you and your partner will get back together.
At Anderson Boemi Lawyers we understand that the circumstances surrounding your family law dispute are unique to you.
Rest assured, our family lawyers are experienced in dealing with the property settlement process. Not only will our team explain the process to you step-by-step, we will also make it a priority to ensure that you understand the separation process and the implications of properly disclosing all your assets and how those assets should be divided between the parties.
Our team can then help you with any property transfers that may be needed as a consequence of Court Orders.
Contact us now to arrange to meet with one of our team!
Divorce can be challenging for both you and your children. Explaining to children what a “divorce” is, is a challenge in itself. This clip helps address this challenging issue. http://www.sesamestreet.org/toolkits/divorce
Family Dispute Resolution
Family Dispute Resolution (FDR) concentrates on resolving specific disputes between people affected by separation and divorce without going to Court. Issues involving property, money and children, are suitable for FDR.
FDR practitioners are impartial third parties who help explore your family issues without taking sides. Family Dispute Resolution is confidential (except in specific circumstances such as where family violence is present) and aims to resolve disputes by agreement between the parties, saving time, money and stress.
The law now requires couples to attend FDR in a genuine attempt to resolve disputes before applying to a Court for a parenting Order. If the dispute cannot be resolved, an accredited FDR practitioner can provide the appropriate certificate to the Court so that legal proceedings can be started.
Marissa Boemi is an accredited Family Dispute Practitioner and can help you through the mediation process. Alternatively, Marissa is able to provide you with the necessary certificate before your matter proceeds to litigation.
Collaborative Law is an alternative approach to settling disputes, rather than going to Court.
If you decide to undertake the collaborative process, then you make a commitment with the other party and your Lawyers to attempt to resolve your dispute through negotiation, by working together to find a workable solution. You enter into a ‘participation agreement’ which disqualifies either sides lawyer from commencing future litigation in relation to the family dispute.
The Collaborative approach usually consists of “4-way” face-to-face meetings with each party and their lawyer. This means correspondence between lawyers is minimised, instead you have a more ‘hands on’ approach to resolving the dispute, and you are assisted by skilled lawyers who are trained to negotiate and reach compromised settlement, suitable for both parties concerned.
Contact us if you think the Collaborative Process could work for you. We have trained lawyers who can evaluate your situation and help you achieve a collaborated outcome without the stress and expense of litigation.
Learn more about Collaborative Professionals at www.collabprofessionalsnsw.org.au.
Anderson Boemi Lawyers can provide assistance with the following Traffic Law matters:
Drink Driving Offences
Serious Driving Offences – including dangerous driving, negligent driving, reckless driving or predatory driving.
Common Driving Offences – including unlicensed driving and driving whilst disqualified or suspended. Also including speeding penalties and licence suspension
Licence Appeals – including advice for going to Court.
Interlock Driving Program – For those with multiple DUI charges.
Penalties for Traffic Offences
There are a range of penalties available to the courts for traffic offences. Whilst some penalties are mandatory, many have a range of discretionary punishments. We can advise you on the best possible strategy to adopt in attempting to reduce the penalty. Arrange to see our Criminal Lawyers today to discuss the best outcome for your case.
Penalties for Drink Driving
The penalties for drink driving vary depending on the nature and seriousness of the offence. Below we have provided a quick reference guide of the possible penalties the court might impose on you.
If you have been charged with drink driving or a related offence contact our office to discuss the options available to you and the process from the day you got ‘booked’ to the day you go to court.
|1ST OFFENCE||2ND OFFENCE WITHIN 5 YRS|
|RANGE||MAX FINE||MAX PRISON||AUTO DISQ||MAX DISQ||MAX FINE||MAX PRISON||MIN DISQ||MAX DISQ|
|$1,100||N/A||3 mths||6 mths||$2,200||N/A||6 mths||12 mths|
|$1,100||N/A||3 mths||6 mths||$2,200||N/A||6 mths||12 mths|
|$1,100||N/A||3 mths||6 mths||$2,200||N/A||6 mths||12 mths|
|$2,200||9 mths||6 mths||12 mths||$3,300||12 mths||12 mths||3 yrs|
|$3,300||18 mths||12 mths||3 yrs||$5,500||2 yrs||2 yrs||5 yrs|
|OTHER ALCOHOL RELATED OFFENCES|
|OFFENCE||MAX FINE||MAX PRISON||AUTO DISQ||MAX DISQ||MAX FINE||MAX PRISON||MIN DISQ||MAX DISQ|
|REFUSE BREATH TEST||$1,100||N/A||N/A||N/A||N/A||N/A||N/A||N/A|
|REFUSE BREATH ANALYSIS||$1,100||18 mths||12 mths||3 yrs||$5,500||2 yrs||2 yrs||5 yrs|
Penalties for other driving offences
If you are caught driving illegally you may also lose demerit points and be fined.
The table below outlines the penalties you may incur if you are caught speeding:
|PROVISIONAL LICENCE||FULL LICENCE|
|Speed||Demerit Pts||Fine||Demerit Pts||Fine|
These apply to light vehicles only, heavy vehicles incur a different range of penalties.
It is important to remember that additional penalties apply in school zones.
Learner and P1 Licence Holders will be suspended for any speeding offence and an automatic suspension applies for any person driving over 30km/h above speed limit.
Traffic Offenders Program
What is the Traffic Offenders Program?
The Traffic Offenders Program (TOP) is a course available to you if you have pleaded guilty to or if you have been found guilty of, a traffic offence.
There are a variety of locations which offer the program. Each location varies in times and length of the course, but generally the courses have between six to ten sessions of between 60 and 120 minutes each.
A full list is available at: www.lawlink.nsw.gov.au and this is updated regularly.
We will work with you to find the best course suited to your needs.
Attendance at any of these courses is available before you are sentenced. We will apply for your referral on your behalf to the Court. The magistrate will assess if you are eligible and suitable to attend (for instance if you have attended before you usually are not eligible to attend again). You will then have to sign a Program Participation Order.
Once the magistrate approves your referral, they will adjourn your matter for sentencing to after you have completed the nominated course. This is usually for a period of eight to ten weeks.
Each TOP session focuses on a different topic such as: Road Safety, Drinking/drug taking and driving, Ambulance, Police, Insurance perspectives, Alcohol and drug education, legal consequences and impact of traffic offences and maintaining vehicles safely.
Participation in the course can improve your chances of minimising the impact of the charges made against you as it shows a commitment to changing your attitude toward driving. We will recommend that you attend the course.
Contact our office to find out more information in relation to drink driving offences and the Traffic Offenders Course.
WILLS & ESTATES
Testamentary documents that you should consider making are:
- A Will;
- A Power of Attorney; and
- An Enduring Guardianship.
Powers of Attorney and Enduring Guardianship documents ensure that if you lose capacity to manage your own financial or medical affairs, a person you know and trust to carry out your wishes has the legal capacity to do so. A valid Will is vital to ensure your wishes are carried out upon your death.
When a person dies all their assets (such as houses, bank accounts, shares, and any other personal possessions) make up their Estate. Their Estate is then called in and divided between the named beneficiaries (of the Will). This process involves obtaining a Grant of Probate from the Supreme Court of NSW which gives the executors of the Will power to deal with the deceased’s estate in accordance with the Will.
Our team can help you in all these transactions. Contact us for more information.
Having a valid Will is extremely important. If you die without leaving a will it can be difficult to determine how your assets will be divided.
A Will gives you control over who receives what from your estate and gives potential beneficiaries ease of mind at that difficult time.
A Will can be drafted by you, however it is often easier if you seek help from a Lawyer to make sure your wishes will be followed when you die and that the document is valid.
If you would like more information about how to properly draft a will, click here to check our BLOG, or call us on (02) 9653 9466 to arrange an appointment to see one of our Lawyers today.
Power of Attorney – when will I need one?
A ‘Power of Attorney’ is a document you can sign to appoint another person, (your Attorney) to act for you in relation to your financial and legal affairs.
Even though you have appointed an Attorney, you can still personally carry out any transactions, such as banking and the sale of property, whilst ever you retain the ability to do so.
A Power of Attorney may only last for as long as you specify; that can be between specific dates (for example if you are going on holidays) and it can be revoked at any time. An Enduring Power of Attorney is valid if you are unable, or have lost capacity, to make decisions for yourself.
What is an Enduring Power of Attorney?
If you want the authority you give your Attorney to continue even if you lose the mental capacity to make your own decisions, you need to sign a document called an ‘Enduring Power of Attorney’.
An Enduring Power of Attorney differs from a general Power of Attorney in that:
- the intention for the Enduring Power of Attorney to continue if you lose mental capacity is expressed in the document;
- your Attorney/s must accept the appointment before the Power of Attorney can come into effect;
- your signature is to be witnessed by a person such as a Solicitor, Barrister or Local Court Registrar. The witness cannot be the person you propose to act as your ‘Enduring Attorney’;
- the person witnessing your signature must also complete a certificate about your understanding of the nature and effect of the document;
- you can appoint more than one Enduring Attorney if you wish.
When can an Enduring Power of Attorney be given?
An Enduring Power of Attorney must be made when you are of sound mind. You can make Enduring Power of Attorney arrangements that come into effect immediately, or that remain ‘dormant’, and only come into effect in particular circumstances. For example, you could decide to complete an Enduring Power of Attorney that becomes active only when you are unable to manage financial matters for yourself, or whilst you are away overseas
Who can I appoint as my Attorney?
The person you appoint should be someone you trust. He or she must be 18 years or over.
Can an Attorney look after my real estate interests?
If you want your Attorney to be able to sell or deal with real estate on your behalf, the Power of Attorney must be registered with the Land and Property Information Service. It is also a good idea to register the Power of Attorney if you want your Attorney to be able to sell or deal with shares on your behalf, as some brokers or companies may require this, even though the law does not.
If you need a Power of Attorney contact our office to arrange for one of our Solicitors to draw up a Power of Attorney for you.
What is an Enduring Guardianship and when will I need one?
What is an Enduring Guardianship?
An Enduring Guardianship is a power created by a document where one person appoints another person/s to make medical, health care and lifestyle decisions in the event of mental incapacity of another person. The document can specify your wishes as to medical treatment, accommodation and lifestyle decisions.
An Enduring Power of Guardianship is a separate document to your Will or Enduring Power of Attorney. Normally an Enduring Guardianship is an adult person who is not involved in your professional or administrative treatment, for example, your spouse, children or close friends are usually the best to appoint.
Probate is the formal administration of a deceased estate. This involves applying to the Supreme Court for a grant of probate. Either your executor or your solicitor may make an application for probate.
If there is no Will then assets will be distributed in the following order:
- Spouse or defacto spouse
- Brothers and sisters
Dealing with the estate
After obtaining Probate, or alternatively Letters of Administration (where there is no Will) all assets of the estate must be collected, all debts must be paid and then the balance will be distributed in accordance with the terms of the Will.
- Money in bank accounts
- Insurance Policies
- Real property
- Motor vehicles
- Personal items
Each asset may have to be dealt with in a different way.
Creditors usually have to wait until the estate is administered to receive payment.
Contact one of our Solicitors so we can help you make this often difficult time, much easier.
Family Provision Claims
A family provision claim is when someone contests a deceased persons will. This can happen either when the deceased person lacked understanding or an eligible person has been left out of the will. Sometimes, these scenarios are linked.
The law only allows certain people to make a claim against the provisions set out in a Will if they are eligible and have been left with inadequate provision.
If you are:
1. A spouse of de facto partner of the deceased;
2. A child of the deceased; or
3. Fall into a certain category of dependant of the deceased,
then you may be eligible to make a claim.
You must make a claim within twelve months of the date of death. It is therefore vital that you seek legal advice quickly.
If you think you have not been adequately provided for in a will, or a person close to you has died and you suspect they lacked understanding or capacity when they wrote their will, contact us to find out what to do next.