Legal questions, answered by practice area.

The 4 main business structures in Australia are sole trader, partnership, company, and trust. A company limits personal liability and pays a 25% to 30% tax rate. A sole trader is simplest but carries unlimited personal liability. Our Commercial Law team matches the structure to your liability, tax, and growth plans.

A business contract is enforceable without being in writing in most cases, because a verbal agreement binds the parties once offer, acceptance, and consideration exist. Contracts such as guarantees and land sales must be written by law. Speak with us before you sign and book a consultation.

A retail lease in NSW falls under the Retail Leases Act 1994, which requires the landlord to give a disclosure statement 7 days before signing. A commercial lease over offices or warehouses sits outside that Act. A retail tenant can terminate within 6 months when the disclosure statement is false or incomplete. For premises you also buy, see Property Law & Conveyancing.

The cooling-off period for residential property bought by private treaty in NSW is 5 business days after contracts exchange. A buyer who rescinds in that window forfeits 0.25% of the purchase price. Properties bought at auction have no cooling-off period. Our Property Law & Conveyancing team reviews every contract before exchange.

First home buyers in NSW pay no transfer duty on homes valued up to $800,000 under the First Home Buyers Assistance Scheme. Homes valued between $800,000 and $1,000,000 receive a concessional rate, and vacant land is exempt up to $350,000. Eligibility depends on price, residency, and prior ownership.

A conveyancing solicitor reviews the contract, orders searches, exchanges contracts, and settles the purchase. The 4 stages are contract review, exchange, pre-settlement inspection, and settlement, when title transfers and the balance is paid. Buying a home is a sound time to update your will, so see Wills & Estates.

The deposit on a NSW property purchase is usually 10% of the purchase price, paid at exchange. A buyer can sometimes negotiate a 5% deposit with the seller's agreement. The deposit is held in the agent's or solicitor's trust account until settlement.

A couple must be separated for 12 months before applying for divorce in Australia. Divorce is no-fault, so the court needs only proof the marriage broke down. Couples can separate under one roof and still meet the 12-month rule. Our Family Law team prepares the application and supporting affidavit.

A married person has 12 months after the divorce becomes final to apply for a property settlement, and a de facto partner has 2 years from separation. From 10 June 2025 the court also considers the economic effect of family violence when dividing property. Book a consultation to understand your entitlements.

Parents decide where children live by agreement, and the court decides only when they cannot. The court applies the best interests of the child as the paramount consideration, weighing safety, the child's views, and each parent's capacity. Explore our full range of legal services for related family matters.

Family dispute resolution settles most parenting and property matters without a judge. Parents must attempt mediation and obtain a section 60I certificate before filing parenting proceedings, except in cases of family violence or urgency. When agreement fails, our Litigation & Dispute Resolution team represents you in court.

A valid will in NSW must be in writing, signed by the will-maker, and witnessed by 2 people who sign in the will-maker's presence. The will-maker must be 18 or over and have mental capacity under the Succession Act 2006. Our Wills & Estates team drafts wills that meet every formal requirement.

A person who dies without a will dies intestate, and the Succession Act 2006 sets who inherits. A spouse takes the whole estate when there are no children from another relationship. Children share the estate when there is no surviving spouse.

An eligible person has 12 months from the date of death to make a family provision claim contesting a will in NSW. The court can extend this time for sufficient cause. Eligible people include spouses, children, and some dependants. A contested estate often becomes Litigation & Dispute Resolution.

Probate is a Supreme Court order confirming a will is valid and authorising the executor to administer the estate. Banks and the Land Registry usually require probate before releasing larger assets or transferring real property. Our team applies for probate and administers the estate, so book a consultation.

The limitation period for a contract or negligence claim in NSW is 6 years from when the cause of action accrues. A personal injury claim runs 3 years from the date the injury is discoverable. Missing the deadline ends the claim, so our Litigation & Dispute Resolution team acts before time limits expire.

The court depends on the amount claimed. The Local Court hears claims up to $100,000, the District Court up to $1,250,000, and the Supreme Court hears larger and complex matters. The right court controls the cost and timeframe of the dispute.

Mediation, arbitration, and litigation are the 3 main ways to resolve a dispute. Mediation uses a neutral facilitator, arbitration uses a private decision-maker, and litigation uses a court. Mediation settles most disputes faster and at lower cost than a trial, so we advise which path fits and book a consultation.

An unfair dismissal application must reach the Fair Work Commission within 21 days after the dismissal takes effect. The Commission extends this time only in exceptional circumstances. The 21-day limit is strict, so act quickly. Our Employment Law team prepares and lodges the application.

An employee can claim unfair dismissal after 6 months of employment, or 12 months with a small business of fewer than 15 staff. Employees earning above the high income threshold of $183,100 are excluded unless a modern award covers them.

The National Employment Standards set 11 minimum entitlements for employees, including a maximum of 38 ordinary hours, paid annual leave, personal leave, and notice of termination. Awards and registered agreements add further pay and conditions. Employers structuring a workforce should also review their Commercial Law obligations.

An employer can dismiss without notice only for serious misconduct, such as theft, fraud, or violence. Every other dismissal requires written notice of 1 to 5 weeks based on length of service, plus an extra week for employees over 45. Book a consultation if your dismissal felt unfair.

A first offence does not always create a criminal record, because a NSW court can grant a section 10 dismissal or conditional release order without conviction. The court weighs the offence, your character, and the unlikelihood of reoffending. Our Criminal Law team argues for a non-conviction outcome where available.

Low range drink driving in NSW, a reading of 0.05 to 0.079, carries a $603 penalty notice and a 3-month licence suspension. A first offence taken to court attracts a maximum $2,200 fine and a disqualification of 3 to 6 months.

An Apprehended Violence Order (AVO) is a court order protecting a person from violence, threats, or harassment. An AVO is not a criminal charge, but breaching its conditions is a criminal offence carrying up to 2 years imprisonment. AVOs often arise alongside separation, so see Family Law.

General legal advisory covers everyday legal questions that cross practice areas, such as reviewing a document, understanding a notice, or choosing the right next step. The service gives clear advice before a matter grows into a dispute. Explore our full range of legal services.

You choose a lawyer by matching the legal issue to the practice area, such as property, family, commercial, or criminal law. A general advisory consultation identifies the right area when the issue is unclear or spans more than one. Principal solicitor Mervat Sayed practises across all areas, so read About Vanguard Lawyers.

An initial consultation gives you clear advice and a defined scope before any larger commitment. Vanguard Lawyers explains the likely costs and your options at the first meeting, so you decide the next step with the full picture. Book a consultation to get started.