Areas of Practice

Conveyancing, Property & Strata Law

 

At Stoyles & Stevens we have over 35 years of experience in property law and conveyancing.  We understand that buying or selling a residential or commercial property is a big decision and a significant matter for most people.  Here at Stoyles & Stevens, we cater to all people making property transactions in New South Wales and aim to ensure the process runs as smoothly as possible.

 

Efficient turnaround means that you won't be kept waiting for documentation, with most contracts being prepared and sale contracts reviewed on your behalf quickly and efficiently.  Settlements can also be timed to ensure that everything falls into place at the right time and with as little stress as possible.

 

We can help you with -

  • Preparation of contracts for sale of land
  • Contract review for the purchase of land
  • Property settlements and negotiations
  • Arranging pest, building or strata inspections
  • Assistance with identifying suitable opportunities for finance
  • Assistance for first home owners as to duty / grant schemes available including the First Home Owners Grant
  • Advising you on your mortgage documentation, refinancing and property deposit bonds
  • Buying off the plan
  • Buying or selling at auction
  • Company title properties
  • Investment properties
  • Leasing of property and tenancy contracts
  • Retirement village properties
  • Strata title properties

Strata Title has become popular form of home-ownership in Australia over the last few years and with this rise in popularity, a complex new field of law has emerged to regulate and govern the area.

 

At Stoyles & Stevens we can provide assistance in a wide range of areas including by-law drafting and legislative compliance.

 

We can help you with -

  • Internal Strata Disputes
  • Agency Agreements
  • By-law and contract drafting
  • Easements
  • Meeting procedures
  • Management compliance advice
  • Building Defect Claims
  • Home Warranty Insurance claims and requirements
  • By-law Enforcement
  • Recovery proceedings including bankruptcy and winding up
  • Land and environment issues
 

Wills, Probate, Estate Administration & Planning

 

When a person passes away, their remaining estate including any assets such as property, bank accounts, and superannuation has to be divided amongst their beneficiaries.

 

If a legal Will is in place, an Executor is identified in that Will as the person or persons responsible for ensuring the asset pool is distributed according to the deceased's wishes.

 

In most cases family members or trusted loved ones are appointed as Executor and they need the help of a solicitor to obtain a grant of probate and to administer the estate in accordance with the law and the terms of the Will.

 

At Stoyles & Stevens, we can take the stress out of administering a Will for you.  We are able to assist with all of the legal and practical aspects of estate administration including organising probate, taxation obligations, liaising with banks and superannuation funds, transferring or selling shares, locating beneficiaries and any necessary documentation.

 

For assistance with the administration of an estate contact us today.

 

The effective planning of your overall estate and its allocation is critical. Marriage, separation or divorce, house purchases and other significant events may all impact the way you manage your assets and how you would like your estate to be distributed after your death. Obligations under the law to family members and others also need consideration and for some people the tax consequences of the succession process are critical.

 

We can help you with -

  • Explaining estate planning processes in plain English
  • Acting as an Executor of your Will
  • Administration of your estate
  • Defending or making claims upon an estate
  • Keeping safe custody of your Will
  • Preparing Powers of Attorney
  • Preparing Enduring Guardianship appointments

 

Powers of Attorney & Enduring Guardians

 

A Power of Attorney is a legal document that gives another person or organisation the power to deal with your assets and financial affairs while you are still alive.

 

Granting a Power of Attorney to an individual or an organisation is a very serious decision.  The person you ask to look after your financial and legal affairs must be responsible, knowledgeable and experienced.  More importantly, you must be able to trust them to ensure they keep your best interests at heart.

 

There are different types of Power of Attorney available, depending upon your needs both now and into the future.  At Stoyles & Stevens we can work with you to determine the most appropriate form of Attorney and then prepare the relevant documentation to ensure that your financial and legal affairs are taken care of properly.

 

If you would like to discuss granting a Power of Attorney, contact us for advice.

 

An enduring guardian is someone you choose to make personal and lifestyle decisions on your behalf when you are not capable of doing this for yourself.

 

If you are over 18 years of age, you can appoint a guardian.  You choose which decisions you want your enduring guardian to make (known as functions), and you can give your guardian directions on how to carry out the functions.

 

You can give your enduring guardian as many or as few functions as you like and you may also give the guardian directions about how to exercise the decision-making functions you give them.

 

If you would like to discuss appointing an enduring guardian, please contact us for advice.

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Leasing, Commercial & Business Law

 

Leasing premises is a major investment decision, whether you are a landlord or a tenant.  Commercial leases can be complex and fraught with potential problems.  In fact, a commercial lease has many and far-reaching implications.

 

In recent years, the Retail Leases Act in New South Wales has also undergone some major changes, which impact on the negotiation and drafting of leases for retail businesses.  Today, retail leases are treated differently to other commercial leases and are covered by a set of unique rules that you need to understand.

 

At Stoyles & Stevens, our experienced lawyers can assist in the negotiation or drafting of your lease, regardless of the business you are in, and help you to understand your rights and obligations under that lease.

 

Whether you are a landlord or tenant, you need expert legal advice regarding your lease to ensure your occupancy agreements meet your commercial goals and expectations in the best interests of your business.

 

We can help you with -

  • Advising on commercial terms and conditions including your letter of offer
  • Drafting and negotiating lease agreements
  • Assigning, varying or surrendering your lease
  • Enforcing the terms and conditions of your lease
  • Any disputes you may have with your landlord or tenant
  • Land and environment issues

At Stoyles & Stevens we offer a comprehensive and professional service that includes the provision of advice and representation by highly experienced lawyers, on a wide range of business issues and transactions including selling and purchase of businesses and licensed premises.

 

We can help you with -
  • Buying or selling a business or shares
  • Negotiating options, contracts and conditions of sale
  • Negotiating with government departments and councils
  • Sale and/or purchase of commercial or industrial properties whether owner/occupiers or investors
  • Land and environment issues
In business, it is particularly important to have the right advice on hand before entering into a contract or you and your organisation could face significant and far-reaching consequences.  At Stoyles & Stevens we have extensive experience in preparing and advising on all forms of commercial agreements.  We can prepare contracts for your business that will ensure your rights are protected, negotiate favourable terms on your behalf with suppliers and distributors, and successfully represent your business in the event of a breach of contract.

 

We can help you with -

  • Commercial contracts - drafting, reviewing and enforcing
  • Distribution and licensing agreements
  • Agency agreements
  • Franchise agreements
  • Credit applications
  • Trading conditions
  • Agreements for the sale/supply of goods or services
  • Advising on commercial arrangements
  • Terminating contracts
  • Recovery of damages as a result of a breach of contract
 
Insurance Law & Litigation

 

Stoyles & Stevens acts for a major insurer, advising in many areas of insurance.  Most work is in motor vehicle, home owners and workers compensation recovery matters as well as defended matters for these areas.

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Debt Recovery, Insolvency & Bankruptcy

 

Stoyles & Stevens can handle all aspects of debt recovery and credit management.  We have the expertise to recover money efficiently, usually without having to go to court.  Our aim is to maximise your recovery and minimise your stress.

 

We can help you with -

  • Debt collection services including letters of demand, commencement of legal action and enforcement of judgments
  • Preparation of statutory demands
  • Advice regarding litigation
  • Representation in court
  • Bankruptcy and insolvency

We have had extensive experience acting for creditors in relation to Bankruptcy Notices and Creditor's Petitions.  We have also acted for several Trustees in Bankruptcy to assist in the administration of a bankrupt's estate.

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