Frequently Asked Legal Questions

 

At Invictus Legal, we understand that legal problems often arise unexpectedly and that knowing what to do next can be difficult.

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Below, our Sydney lawyers answer some of the questions we are frequently asked about criminal law, family law, commercial law, litigation, property and conveyancing, traffic law, and wills and estates.

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The information below is general in nature and should not be relied upon as legal advice. Your rights and options will depend on the particular circumstances of your matter.

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General Legal Questions

 

How much does it cost to speak to a lawyer in Sydney?

 

Legal fees depend on the nature and complexity of your matter and the work required.

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Invictus Legal aims to provide clear information about legal costs before substantive work begins. Depending on the matter, we may offer an initial consultation for a fixed fee, fixed-fee legal services or time-based professional fees.

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Contact Invictus Legal to discuss your matter and obtain information about the likely costs involved.

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Do you offer free legal advice?

 

Invictus Legal does not generally provide substantive legal advice through free telephone consultations.

We believe that proper legal advice requires a lawyer to understand the relevant facts, review any necessary documents and properly consider the applicable law.

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We offer consultations in which you can discuss your circumstances with a lawyer, understand your legal position and receive practical advice about the next steps available to you.

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How do I know if I need a lawyer?

 

You should consider obtaining legal advice where your rights, finances, property, liberty, business or family arrangements may be affected.

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Obtaining advice early can often help identify potential problems before important decisions are made or legal deadlines expire.

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What should I bring to my first appointment with a lawyer?

 

You should bring any documents relevant to your matter, including contracts, court documents, police documents, correspondence, emails, photographs, identification and any chronology or notes you have prepared.

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Providing relevant documents before your consultation may allow your lawyer to understand the matter more efficiently.

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Can Invictus Legal represent clients throughout NSW?

 

Yes. Invictus Legal assists clients in Sydney and throughout New South Wales, depending on the nature of the matter.

Many consultations and legal matters can also be managed by telephone, email and video conference where appropriate.

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Criminal Law FAQs

 

What should I do if I have been charged with a criminal offence in NSW?

 

If you have been charged with a criminal offence, you should obtain legal advice as early as possible.

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A criminal lawyer can review the charges, police allegations and available evidence, advise you about your options and explain what will happen when your matter comes before the court.

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You should also avoid discussing the allegations with other people or posting about your case on social media.

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Should I speak to police before getting legal advice?

 

Whether you should participate in a police interview depends on the circumstances.

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What you say to police may later become evidence in criminal proceedings. You should obtain legal advice before deciding whether to participate in an interview or provide a statement.

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What happens at my first court appearance in NSW?

 

What occurs at the first court appearance depends on the type of charge and how you intend to respond to it.

The matter may involve entering a plea, seeking an adjournment, dealing with bail or obtaining further material from the prosecution.

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Your lawyer can explain what is likely to occur and appear on your behalf where appropriate.

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Can a criminal charge be withdrawn before court?

 

In some circumstances, representations can be made to police or prosecutors seeking the withdrawal or amendment of charges.

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Whether this is appropriate depends on the evidence, the applicable law and the circumstances surrounding the alleged offence.

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What happens if I plead guilty to a criminal offence in NSW?

 

If you plead guilty, the court will determine the appropriate sentence after considering the offence, your personal circumstances, criminal history, plea of guilty and other relevant sentencing considerations.

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A criminal lawyer can prepare sentencing material and submissions on your behalf.

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Can I avoid a criminal conviction in NSW?

 

In some cases, a court has discretion to deal with an offender without recording a conviction.

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However, there is no automatic entitlement to a non-conviction order. The outcome depends on the offence, its seriousness, your personal circumstances, criminal history and the relevant sentencing principles.

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What is a bail application?

 

A bail application asks a court to release an accused person from custody while their criminal proceedings remain unresolved.

The court considers matters including the alleged offence, identified bail concerns, the accused person's circumstances and whether conditions can adequately address those concerns.

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What happens if police refuse bail?

 

If police refuse bail, the accused person may be brought before a court where an application for bail can be made.

Because bail can directly affect whether a person remains in custody while their case proceeds, obtaining legal representation promptly can be particularly important.

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Traffic Law FAQs

Should I get a lawyer for a traffic offence in NSW?

It depends on the offence and the consequences you face.

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Legal representation may be particularly important where you face licence disqualification, imprisonment, a significant fine, loss of employment or serious consequences arising from your driving record.

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Can I appeal a driver's licence suspension in NSW?

 

Certain licence suspension decisions can be appealed to the Local Court.

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Strict time limits may apply, so you should obtain legal advice promptly after receiving a suspension notice.

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Can the court allow me to keep my licence?

 

That depends on the offence, the type of suspension or disqualification and the powers available to the court.

Personal hardship alone does not necessarily mean that a court can or will allow you to continue driving.

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Family Law FAQs

Do I need a lawyer for a family law matter?

 

You are not always required to have a lawyer, but family law proceedings can involve significant legal and practical consequences.

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Legal advice can be particularly important in parenting disputes, property settlements, urgent applications, allegations of family violence and cases involving existing court orders.

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How are assets divided after separation in Australia?

 

There is no automatic 50/50 division of property following separation.

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The outcome depends on the circumstances of the relationship and the application of the relevant family law principles, including the parties' property interests, contributions, current circumstances and the overall justice and equity of the proposed outcome.

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Who gets the children after separation?

 

Australian family law does not determine parenting arrangements by simply deciding which parent "gets" the children.

Parenting arrangements are determined according to the applicable family law principles and the circumstances affecting the particular child.

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What happens if my former partner breaches parenting orders?

 

A failure to comply with parenting orders may have serious consequences.

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The appropriate response depends on the terms of the orders, what occurred and whether there was a reasonable excuse for the alleged contravention. Legal advice should be obtained before commencing contravention proceedings.

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Can parenting orders be changed?

 

Parenting orders can be changed in certain circumstances, either by agreement or through further court proceedings.

Where final parenting orders already exist, additional legal principles may affect whether the court will reconsider the arrangements.

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Commercial & Business Law FAQs

 

Do I need a lawyer to review a commercial contract?

 

A commercial contract can create significant financial and legal obligations.

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A lawyer can identify unusual or unfavourable provisions, explain your obligations, identify potential risks and recommend amendments before you sign the agreement.

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What should be included in a shareholders agreement?

 

A shareholders agreement commonly deals with matters such as management and decision-making, funding, dividends, transfer of shares, restrictions on shareholders, dispute resolution, deadlocks, exits and what happens if the relationship between shareholders breaks down.

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The agreement should be tailored to the particular company and commercial arrangement.

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What is the difference between a shareholders agreement and a company constitution?

 

A company's constitution governs aspects of the company's internal management.

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A shareholders agreement is a contractual arrangement between the relevant shareholders and can deal in greater detail with their commercial relationship, rights, responsibilities and agreed mechanisms for dealing with future events.

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Should I get a commercial lease reviewed before signing?

 

Yes.

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Commercial leases can create substantial long-term obligations concerning rent, outgoings, guarantees, repairs, make-good obligations, permitted use, insurance, rent reviews and termination.

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Having the lease reviewed before signing allows you to understand those obligations and potentially negotiate amendments.

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Can a lawyer help recover an unpaid business debt?

 

Yes.

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Depending on the circumstances, debt recovery may involve a letter of demand, negotiations, statutory procedures or commencing court proceedings.

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Before commencing litigation, consideration should also be given to the amount owed, available evidence, costs and whether the debtor is likely to be able to satisfy a judgment.

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Commercial Litigation & Dispute Resolution FAQs

What should I do if someone threatens to sue me?

Do not ignore the correspondence.

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Keep all relevant documents and communications, avoid making unnecessary admissions and obtain legal advice about the claim and any deadline for responding.

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How much does commercial litigation cost?

 

The cost depends on the complexity of the dispute, the amount of evidence involved, the conduct of the parties and whether the matter resolves through negotiation or proceeds to a hearing.

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Your lawyer should discuss likely costs, litigation risks and possible resolution strategies with you as the matter progresses.

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Can a commercial dispute be resolved without going to court?

 

Yes.

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Many disputes resolve through direct negotiation, mediation or another form of dispute resolution without requiring a final court hearing.

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Early legal advice can help determine whether settlement is commercially appropriate or whether court proceedings are necessary.

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What is mediation?

 

Mediation is a structured negotiation in which an independent mediator assists the parties to explore whether their dispute can be resolved by agreement.

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The mediator generally does not determine who wins the case. The parties retain control over whether they reach a settlement.

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Can I recover my legal costs if I win a court case?

 

A successful party may be entitled to an order requiring the unsuccessful party to pay part of their legal costs.

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However, a costs order does not necessarily reimburse every dollar spent on lawyers, and the court retains discretion in relation to costs.

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Property & Conveyancing FAQs

Do I need a solicitor when buying property in NSW?

 

While every transaction is different, obtaining legal advice before signing a contract can help identify issues concerning the property, contract terms, title, settlement and your legal obligations.

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What does a conveyancing solicitor do when I buy a property?

 

A conveyancing solicitor can review and advise on the contract, negotiate amendments, conduct relevant searches, communicate with the other party's representatives, prepare for settlement and assist with the legal transfer of ownership.

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What is a Section 66W certificate?

 

A section 66W certificate can be used in NSW conveyancing to waive the purchaser's statutory cooling-off rights in circumstances where the legislation permits it.

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Because signing a contract without a cooling-off period can have significant consequences, purchasers should obtain legal advice before proceeding.

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What is the difference between joint tenants and tenants in common?

 

Joint tenants hold property jointly with the right of survivorship generally applying when one owner dies.

Tenants in common hold defined interests in the property, which may be equal or unequal, and each owner's interest can generally form part of their estate.

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The appropriate ownership structure depends on the purchasers' circumstances.

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Should I have a commercial lease reviewed by a solicitor?

 

Yes.

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A lease can impose significant obligations extending for several years. Legal review before signing can identify issues concerning rent, outgoings, guarantees, options, repairs, permitted use and make-good obligations.

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Wills & Estates FAQs

 

Do I need a will?

 

A properly prepared will allows you to specify how your estate should be distributed after your death and appoint the person or people responsible for administering your estate.

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Without a valid will, your estate may be distributed according to intestacy laws rather than according to your personal wishes.

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Can a will be challenged in NSW?

 

Yes, but not simply because someone is unhappy with the contents of a will.

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Different legal grounds may arise depending on the circumstances, including questions concerning the validity of the will and claims by eligible persons seeking provision from an estate.

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Strict time limits can apply.

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What is probate?

 

Probate is the process by which the Supreme Court recognises a will and the authority of the executor to administer the deceased person's estate.

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Not every estate necessarily requires a grant of probate.

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How long do I have to challenge a will in NSW?

 

Time limits apply to certain estate claims in NSW and the applicable deadline depends on the type of claim being made.

Because delay can affect your rights, you should obtain legal advice promptly if you are considering challenging a will or making a claim against an estate.

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Speak to an Invictus Legal Lawyer

 

Every legal matter is different.

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The FAQs above provide general information only. If you require advice about your particular circumstances, contact Invictus Legal to arrange a consultation with one of our lawyers.

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We assist individuals and businesses with criminal law, traffic law, family law, commercial law, commercial litigation, property and conveyancing, and wills and estates matters in Sydney and throughout NSW.