Property and Construction Law

Investing in property is expensive and involves a range of different agreements and documents. As such, it is important to ensure you are familiar with the legal requirements and have defined responsibilities for all the parties involved including contractors, builders, lending institutions and others. At Longton Legal, our expert Property and Construction Lawyers can provide you with the advice you need regarding various aspects of your construction project and talk you through the relevant requirements.

Building Relationships

Our Property and Construction Lawyers have built close business relationships with a number of parties in the industry including developers, banks, builders, engineers and other consultants. This fostering of strong business relationships enables your matter to be dealt with quickly and professionally.

In the event of litigation, our priority will be to provide you with an amicable and cost-effective solution. We are able to work effectively with all parties so that you can achieve your objective with legal certainty.

Our Property and Construction Lawyers have a breadth of experience assisting developers, contractors, subcontractors, non-profit organisations, and small to large corporations.

Our expertise in Property and Construction Law extends to:

  • Conveyancing
  • Mortgages
  • Guarantees
  • Construction Contracts
  • Supplier and Distribution Agreements
  • Property and Building Constructions Disputes
  • Financing
  • Retail and Commercial Leasing
  • Retirement Village Agreements
  • Subdivisions
  • Easements and Covenants

Conveyancing

Conveyancing is the process of purchasing or selling real estate. Selling or buying property can be a stressful time. And it doesn’t help that you have multiple deadlines to meet; exchanging contracts, financing, cooling off period, requisitions on title and of course settlement. Although Contracts of Sale have been standardised in each State, almost all vendors include special conditions which can be extensive and limit your rights. As a buyer, you need to understand the consequences of these additional conditions. Alternatively, if you are a seller, you may want to include special conditions to put the buyer on notice of certain aspects of the property.

Speak to one of our expert Property and Construction Lawyers today.

Mortgages

Are you looking for financing options for your next property/business purchase or refinancing. There are many different packages on offer, some better than others but all usually accompanied by a bulk of paperwork. The National Consumer Credit Protection Act 2009 (NCC) was introduced in 2010 and regulates the licensing of credit service providers and the obligations in credit lending. Before entering into a mortgage, you should seek legal advice so you can understand your rights and the creditor’s obligations pursuant to the NCC.

Book a consultation with our expert Property and Construction Lawyers today.

Guarantees

Providing a guarantee creates serious obligations for you. As a guarantor, you are effectively undertaking to promise that the borrower has the capacity to, and will, repay the loan. What does this mean? In the event the borrower is unable to pay back the loan, you will become liable for the amount. You may be a full or partial guarantor. Where you are a partial guarantor, you will only be liable for the amount stipulated at the time of the loan.

To understand your obligations as a guarantor, ask our expert Property and Construction Lawyers today.

Construction Contracts

Every construction project is accompanied by a construction contract, which is extremely detailed and at times, complicated. The fact of the matter is, you need to pay very close attention to the contract as this outlines obligations, rights and undertakings of each party. The contract should also contain dispute resolution clauses and consequences for breaches and defaults.

Our expert Property and Construction Lawyers are ready to assist – contact us today!

Supplier and Distribution Agreements

If you are looking to start a business or undertaking a business in distribution, you will have to become familiar with supplier and distribution agreements. These agreements exist to provide an arrangement between the supplier and the distributor. Usually, the agreement will include a distribution fee and a specified length of time. The agreement will also require an exclusivity clause which prevents the distributor from entering agreements with other suppliers to distribute similar products.

Talk to our expert Corporate and Commercial Lawyers.

Property and Building Construction Disputes

There are times when a dispute is inevitable in property and construction. You can turn to the dispute resolution clauses in the original agreement but where all avenues are exhausted, it may be time to look at going to court. It is important to have all relevant documents available so that a case strategy can be developed.

Book a consultation with our expert Property and Construction Lawyers.

Financing

Exploring financing options for a property or building construction can be a difficult task. Some creditors may not be upfront with all the details so you need to be wary of hidden fees and what your actual payment obligations will be. A serious consideration of the clauses in the credit contract must be undertaken.

Our expert Property and Construction Lawyers can save you time and help you through the process.

Retail and Commercial Leasing

There are some key differences between retail and commercial leases. In short, they have different regulatory frameworks so obligations are different. Each State has its own retail lease regulation which is different to the Property and Conveyancing Acts that govern commercial leases. Also, the purpose of a retail lease differs from a commercial lease as it involves a business conducting sale of products and services at the premises.

Speak to our expert Property and Construction Lawyers to determine whether you need a retail or commercial lease.

Retirement Village Agreements

For those over 55, a retirement village may be a good lifestyle choice. Retirement villages have their own complex with a number of different facilities and social activities. The obligations of retirement villages are regulated by State-specific legislation and require agreements to include certain disclosures including insurance policy, an average resident comparison figure as well as the maximum amount allowable for contingencies.

Contact our expert Property and Construction Lawyers today – we are ready to assist.

Subdivisions

If you are considering subdividing land, you need to be aware of the approval process. Subdivisions are governed by each State and processes may vary depending on where you live. But before you consider the approval process, you need to first undertake due diligence on the land’s possibility for subdivision. It is advisable to undertake this due diligence prior to purchasing the land as sometimes the land may not be eligible for subdivision.

Our expert Property and Construction Lawyers can assist you with your subdivision concerns.

Easements and Covenants

When considering a purchase of land, you should undertake a search of the title. This will disclose whether there are any easements or covenants that may prevent you from using the land the way you want. An easement is a passageway that allows access to certain parties through your land. A common example of an easement is a sewerage line. A covenant on the other hand is a limitation on the land. This limitation may involve a restriction on the height of the building on the land or erection of fencing.

Visit our expert Property and Construction Lawyers today.

LEAD CONTACTS

Samuel Li

Managing Partner

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Paul Sant

Partner

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Eddy Vay

Solicitor

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FAMILY LAW

A relationship breakdown is a difficult time and causes anxiety and distress for all involved. Your routine lifestyle changes in a second and you’re left with many uncertainties and few answers. With over 40 years’ experience in Family Law, our team of expert lawyers can help you through this tough time and minimise the stress and complications.

How does the law affect my personal relationship?

Families are dynamic, emotional and unpredictable. The law, on the other hand, is defined, tested and often predictable. It is perfectly common for relationships to change over time and when that happens, you need to understand the effects of the legal system on you, your partner and children. Our Family Law experts understand that in such delicate situations, the first priority is to achieve a smooth transition for you. We will look after your interests and work hard to protect them.

The unfortunate fact is, in times of separation and divorce, parties often may not agree. When this happens, you will have the finest Family Law Litigators to get the best possible outcome for you. We want to limit your court time and will give you status updates and realistic timeframes. At Longton Legal, we understand that communication is a vital aspect to reducing stress and anxiety during these times.

Our Family Lawyers attend courts all over NSW including Sydney CBD, Sydney West, Sydney South-West and Regional NSW.

Our expertise in Family Law extends to:

  • Separation
  • Divorce
  • Child Custody
  • Contact and Visitation Rights
  • Child Relocation
  • Parenting Orders
  • Child Support
  • Property Settlements
  • Urgent Injunctions
  • Spousal Maintenance
  • Superannuation Splitting
  • De Facto Relationships
  • Enforcement of Orders

Separation

It is not always easy to pinpoint an exact date of “separation”. In fact, the meaning of the word “separation” can be different for different kinds of relationships and individuals.

Being able to make a decision about when separation actually happened is central to determining legal issues such as eligibility for divorce, or a property settlement if you were in a defacto relationship. For couples who have separated and continued to live in the same house, proving separation is particularly important and will require consideration of the following factors:

  • changes in sleeping arrangements
  • whether you are still attending family outings together
  • whether you still perform household duties for each other (for example cleaning, cooking, ironing)
  • whether there has been a division of finances; for example, separate bank accounts, and
  • any other matters that show that the relationship has ended (for example, whether you have notified family and friends of your separation).

If you are unsure as to whether you have separated, simply get in touch online or call us.

Divorce

Are you having trouble with the divorce process? We are here to help, simply get in touch online or call us.

Before you apply for divorce, here are some things you should think about:

  • Has the relationship broken down irretrievably? In other words, do you expect that there is a chance that you will be able to resume the relationship?
  • Do you have a copy of your marriage certificate?
  • Have you been separated for 12 months?
  • If you have children of the relationship, have appropriate arrangements been made to their schooling, supervision and accommodation?
  • Have you been married for less than two years? If so, have you attended marriage counselling?

Our dedicated team will guide you through the process, and make it as simple and painless for your as possible.

Child Custody

Are you unsure about how to approach your former partner about what sort of parenting arrangement would be in the best interests of the children? Or have you tried and tried, yet failed to achieve an amicable agreement about where the children will live and who the children will spend their Christmas holidays with?

We are here to help. Simply get in touch online or call us.

It may be that your best way forward is to obtain enforceable Court Orders regarding:

  • whether you will continue to share parental responsibility with respect to long terms decisions involving the children (such as education, health and religion);
  • with home the child shall live; and
  • and how much time the child shall spend with the other parent.

Applying for Court Orders does not mean that you will need to be involved in a lengthy a confrontational Court battle. We can assist you in the process of negotiating a parenting arrangement outside of Court, and finalising the terms of the agreement by way of consent orders.

Contact and Visitation Rights

Child Relocation

If you and your former partner cannot agree about which city or country the children will live in, you can apply to a court for orders to allow you to move.

The Court’s primary concern will always be the best interests and welfare of the children. If you move without a court order or without the consent of the other party, you may be required to return with the children.

If you are concerned that your children may leave Australia without your permission, you should seek legal advice as soon as possible. You can apply to the Court for an order that:

  • prevents a passport being issued for children;
  • requires a person to deliver a child’s or accompanying adult’s passport to the Court;
  • prevents children from leaving Australia.

Parenting Orders

If you have separated from your former partner and you wish to avoid attending Court, there are a number of ways you can formalise an agreed timetable in relation to the children. A Parenting Plan is an agreement that is in writing, was made between the parents of a child; signed by the parents, dated, and deals with one or more of the following matters

  • with whom a child is to live;
  • how much time the child spends with the other parent;
  • identifying which parent is responsible for decision making regarding long term matters involving the child such as education, health and religion;
  • method of communication between the parents;
  • how to resolve dispute regarding the future operation of the plan; or
  • how to resolve dispute regarding the future operation of the plan; or
  • any aspect of the care, welfare or development of the child or any other aspect of parental responsibility for a child.

The plan can be changed at any time with the agreement of both parents. For more information on the costs and benefits of drawing up a parenting plan simply get in touch online or call us.

Child Support

If you are the parent of a child under the age of 18 years, you may be liable for child support if the child does not live with you, or alternatively if the child lives with you may be eligible to seek child support from the other parent.

As parents, you have options as to how you can manage child support payments. You can seek a Child Support Assessment from the Department of Human Services. If you choose this option, the department will be responsible for calculation and collection of the funds.

Alternatively, you can enter into a private agreement with the other parent. If you chose to enter into a private agreement, you may agree to the following kinds of child support:

  • cash payments, or
  • non-cash items such as:
    • health insurance
    • school fees
    • sporting fees, or
  • a combination of cash payments and non-cash items

There are advantages and disadvantage to each child support mechanism and we recommend that obtain legal advice in relation to picking the right option for you.

Property Settlements

Over the course of a relationship, parties often spend years accumulating, selling, reinvesting and simply using up various types of property. You will have property that you own in your sole names and property that you own jointly; all of which forms part of the pool of property that is to be divided.

In most cases, working out what you and your former partner would be entitled to out of the total pool of assets involves the following four step approach:

  • What is your property currently worth?
  • What financial, non-financial and homemaker and/or parenting have you made?
  • Do you have greater future needs as a result of the relationship? .
  • Is the overall division of the assets and labilities a fair outcome for your both?

Simply get in touch online or call us to find out what how the four step process would apply to your circumstances and what your entitlements are.

Binding Financial Agreements

Arriving at a property settlement does not necessarily mean that you have to go to Court. You can enter into a legally binding settlement agreement that is private. These agreements are known as Binding Financial Agreements.

Binding Financial Agreements are available to both married and defacto couples. You can make a financial agreement before, during or after a marriage or de facto relationship. These agreements can cover:

  • financial settlement (including superannuation entitlements) after the breakdown of a marriage or a de facto relationship;
  • financial support (also referred to as ‘spousal maintenance’) of one spouse by the other after the breakdown of a marriage or a de facto relationship, and
  • any related issues.

For a financial agreement to be legally binding there are many technical requirements, and we highly recommend that you contact us for more information.

Urgent Injunctions

Rigid court timetables and procedures can create situations where parties are left at an impasse for months in between court dates. During these periods the circumstances may change dramatically and create urgent situations whereby:

  • in property matters, a sale or transfer of property by the other party must be stopped to avoid matrimonial property being dissipated (also known as Injunctions); or
  • in property and parenting matters, due to a risk of family violence one party is seeking to have the other party restricted from living in the family home. These orders are known as “Exclusive Occupation” orders.

Should you find yourself in a similar situation, get in touch online or call us. Our dedicated team will respond quickly by working with you to file an urgent application.

Spousal Maintenance

You may have a responsibility to financially assist your former spouse/de facto partner if they are presently unable to support themselves adequately; and if you have the financial capacity to pay either periodical payments or a lump sum amount.

Spousal maintenance is normally paid for a short period after separation and can be a huge source of help to the financially vulnerable party, helping them get back onto their feet.

On the other hand, spousal maintenance applications can be abusive and unrealistic. Harsh spousal maintenance applications can have a crippling result on the payer’s finances. If you have found yourself at the mercy of a daunting spousal maintenance application, we are here to help. Simply get in touch online or call us.

Superannuation_Splitting

Superannuation contributions have now been a compulsory landmark of the Australian economy for over two decades. As a result, superannuation entitlements are often one of the biggest sources of wealth for Australians.

Superannuation entitlements can be divided amongst the parties as part of the property settlement process. However, unlike ordinary assets, splitting your superannuation entitlements does not convert it into a cash asset for either party. Superannuation is still subject to superannuation laws. This means it is usually retained until retirement ages are reached.

De Facto Relationships

Couples in de facto relationships have the same rights and entitlements as married couples when it comes to matters regarding property settlement and parenting orders. However, it may be harder that it seems to prove that a defacto relationships exists in the first place. All relationships are different, and therefore there is no concrete rule. In general, you are in a defacto relationship if you are a couple living together on a genuine domestic basis, considering:

  • the length of the relationship;
  • the circumstances under which you live together;
  • whether a sexual relationship exists;
  • the degree of interdependence between you;
  • mutual commitment to a shared life;
  • the care and support of children; and
  • the reputation and public aspects of the relationship.

If you are unsure about whether you are in a defacto relationship simply contact us online or give us a call.

Enforcement of Orders

Have you gone through the hassle of getting final orders (whether in property or parenting) and are now having trouble enforcing them? If your former partner is breaching the orders, there are we can help you enforce the orders against him or her.

If the breach of the orders relate to a property matter and you are owed money, you can make a formal application to the Family Law Courts for the enforcement of the orders and the potential imposition of a penalty on the breaching party.

Alternatively, if the matter relates to parenting, you may be able to seek orders that compensate you for lost time with the children, vary the existing in orders or punishes the breaching party. For more information call us today.

International Issues

Often family law matters will have an international aspect. This can arise because one parent is now living overseas or property is located overseas. These matters have an additional layer of complexity, and will require expert and considered legal advice.

Some common issues which arise in international family law matters are:

  • parenting arrangements where parents live in different countries;
  • deciding which country is the correct jurisdiction in which to start the case;
  • understanding the varying types of assets that can be held in different jurisdictions;
  • Hague Convention applications for the return of children to Australia; and
  • enforcement of Australian Orders to overseas assets.

LEAD CONTACTS

Paul Sant

Partner

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Suzana Dimitrijevic

Solicitor

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Wills And Contested Estates

Wills and Estate Planning can be an unpleasant topic to discuss. It can be both time consuming and complicated especially if you are not already acquainted with the area of law. This is where an expert Estate Planning Lawyer comes in handy. At Longton Legal, our Estate Planning Lawyers can help you with this complex topic and work with you to ensure your wishes are carried out, even after you have passed.

Protecting wealth across generations

The legal consequences of your assets after your death can be complicated. The existence of a Will provides legal protection and ensures wealth is distributed in accordance with your wishes. At Longton Legal, we offer you considered and effective estate planning and asset protection advice.

You may have concerns regarding tax liability, minimising personal liability or consequences of bankruptcy. You may also want to explore a Power of Attorney or an Enduring Guardianship. Whatever concerns or questions you may have, our highly experienced Estate Planning Lawyers will look at your unique situation and provide tailored advice.

In the event of a contested or disputed Will, our Estate Planning Litigators will work hard to find a solution that protects your entitlement. We act for both executors and beneficiaries with experience across Family Provision Claims (challenging a Will), Testamentary Capacity (capacity of the Will-maker) and Construction of a Will (intentions of the Will-maker).

Our Estate Planning Lawyers attend courts all over NSW including Sydney CBD, Sydney West, Sydney South-West and Regional NSW.

Our expertise in Wills and Contested Estates extends to:

  • Preparing a Will
  • Interpreting a Will and Informal Wills
  • Asset Protection
  • Challenging and Contesting a Will
  • Defending a Will
  • Testamentary Capacity
  • Construction of a Will
  • Estate Planning
  • Power of Attorney
  • Enduring Guardianship
  • Probate and Administration
  • Letters of Administration
  • When there is no Will
  • Overseas Assets

Preparing a Will

Need help making a Will? Simply contact us online or give us a call and one of our dedicated team members will guide you through process.

A will is a legal document in which you can list who will receive your property and possessions when you die. By leaving a valid Will, you are maximising your chances of making sure that your assets are gifted to the people you have listed. This means that if you are thinking of leaving property to a charity, a close friend or family who are financially dependent on you, you should always make a will.

Longton Legal has helped many clients ensure that their hard-earned assets pass to their named beneficiaries by:

  • developing a tailored succession strategy that would not otherwise have been available if they died without a Will;
  • helping clients choose a trusted person to fulfil the role of Executor and Trustee;
  • provide a written record of their preferred appointment of a guardian of their infant children;
  • implement tax efficient options;
  • minimise the time and costs that will eventually be involved in the administration for their estate.

Interpreting a Will and Informal Wills

Interpreting a Will

Does your Will make sense? What happens if it is not clear? If in the drafting of the Will, the person who made the will did not clearly expressly their intentions, for example regarding the exact nature of the gift or to whom the gift is to be given, the beneficiaries or executor, can ask the Court to make a determination regarding the true meaning of the Will.

Informal Wills

Alternatively, some people just never get around to making legally valid will. To have a valid will it:

  • it must be in in writing (whether handwritten, typed or printed);
  • signed; and
  • the testator’s signature must be witnessed by two other people who also need to sign the will.

If your will fails to meet either of the above three criteria, it is an informal Will. The informal will can be treated as a valid will in certain circumstances. For more information, simply contact us online or give us a call.

Asset Protection

Assets can be owned in a variety of ways, and held through a variety of entities. Each option harbours its own pros and cons, which our lawyers can help you navigate. Typically, clients are concerned about:

  • Minimising their tax liability;
  • Protecting their assets from potential Family Law issues;
  • Minimising their exposure to personal liability when running a business; and
  • Understanding the consequences of bankruptcy.

Challenging and Contesting a Will

Have you been left out of a loved one’s Will? You may have a claim.

If a Court determines that you are an ‘eligible person’ and that you have not received provision for your proper maintenance, education or advancement in life by the Will of the deceased, then you may challenge the Will of the deceased. A successful challenge will result in a Court order that gifts a portion of the estate to you.

An eligible person is usually a family member or a dependent. You should note that an eligible person only has 12 months within which to contest the Will. This is a strict time limit and it is important to obtain legal advice early. Simply contact us online or give us a call.

Defending a Will

Persons named as executors of a Will are responsible for defending any challenges made to the Will. It is essential that executors obtain expert legal advice in the event that they are challenged by a potential applicant who proposes to make a claim upon the estate of a deceased person.

At Longton Legal we have expert lawyers who will guide and support you through the legal framework, and ensure that you fulfil your obligations to the estate. Defending a challenge to the Will of a deceased relative is stressful and emotional. We can provide you with comprehensive and practical advice to achieve a smooth resolution of the matter.

Testamentary Capacity

In order for a will to be valid, the person who made the will must have had testamentary capacity at the time it was made. Testamentary capacity is a technical term, and means that at the time of making the Will, the deceased person must have had sufficient soundness of mind to have:

  • understood the nature and effect of a will;
  • understood the nature and extent of their property;
  • comprehend and appreciate the claims to which they ought to give effect;
  • been free from any mental illness which might have caused the deceased to give instructions that the deceased would not have otherwise consented to.

If the Will is found to be invalid, it will not be administered. If you suspect that your loved one has made a Will after they had already lost testamentary capacity, contact our lawyers for advice.

Construction of a Will

Estate Planning

Estate planning involves developing a strategy to deal with your assets after you die – the legal instruments and structures, such as a will, you put in place to transfer your assets in the event of death.

Estate Planning is about more than just having a Will. It often involves the combined effort of your lawyer, accountant and tax advisor, and it can involve:

  • Considering powers of attorney and enduring guardianships;
  • Retirement plans and Superannuation Nominations;
  • Succession planning for your business;
  • Tax Considerations;
  • Trusts;
  • Administration of Estates.

We're here to help. Simply get in touch online or call us.

Power of Attorney

A ‘Power of Attorney’ is a legal document that allows you to nominate persons whom you trust (referred to as attorneys) to act on your behalf. The attorney is given the authority, to manage your legal and financial affairs, including buying and selling real estate, shares and other assets, operating your bank accounts, and spending money on your behalf. The Power of Attorney would cease to have effect if you were to lose mental capacity.

However, an ‘Enduring Power of Attorney’ will continue to operate. In other words, the validity of the document endures any loss of capacity by the maker of the document.

An Enduring Power of Attorney is a cornerstone is the basics of estate planning, and should always be considered when making a will and generally preparing for the future.

Enduring Guardianship

Appointments of Enduring Guardian allow our clients to appoint trusted loved ones with the authority to make end of life and other medical decisions and lifestyle decisions.

It is important that you trust the person you appoint as your enduring guardian to make appropriate lifestyle decisions on your behalf. We suggest that you inform this person of your wishes about lifestyle decisions. Each enduring guardian must sign their acceptance on the appointment for it to be effective.

We often assist clients in making and accepting appointments, and always suggest that you obtain timely legal advice.

Probate and Administration

If a deceased estate contains land, a high bank account balance, a retirement village lease, a large share portfolio, or other assets of significance, it is more than likely that one of the following Grants will need to be obtained from the Supreme Court before the assets of the estate can be collected and distributed to the beneficiaries:

  • a Grant of Probate, if there is a Will; or
  • a Grant of Letters of Administration, if there is no Will.

A Grant of Probate or Letters of Administration is a legal document that authorises the applicant to manage the estate of a deceased person in accordance with the provisions of the deceased's will.

Applying for a Grant of Probate or Grant of Letters of Administration can be a technical and confusing process. Our solicitors can help you obtain your Grant and attend to the distribution of the estate quickly and efficiently.

Letters of Administration

When there is no Will

If you do die without a will (known as 'intestate'), contrary to common belief your estate is not automatically gifted to the State. The current law provides for a strict order in which your eligible relatives will inherit your estate. If you have no eligible relatives, and did not make a will to gift friends, charities or other chosen beneficiaries, then your estate will pass to the State.

For individuals who formed close relationships with friends or distant relatives, not making a will, and relying on the operation of the statutory formulas can produce unsatisfactory results.

If you are unsure about how your estate will be inherited by your relatives, simply contact us online or give us a call.

Overseas Assets

It is not uncommon for people to own property all over the world. There are complicated rules about which laws apply to the difference kinds of assets located around the world. It is possible to have more than one valid Will in circumstances where each Will operates in relation to different countries. Making one Will per country in which you own property is a simple solution to the issue of attempting to enforce the clauses of a single Will in various jurisdictions.

LEAD CONTACTS

Paul Sant

Partner

EMAIL ME

Suzana Dimitrijevic

Solicitor

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CRIMINAL LAW

If you have been charged with a criminal offence, time is of the essence and you may require legal representation fast. Our highly experienced Criminal Lawyers are available around the clock, and are ready to work for you with the intention of achieving the best outcome.

We will be there for you

When facing Criminal Law proceedings, this can be a difficult time for all involved and something you generally do not plan for - so when it happens to you, or a loved one, you want an expert in Criminal Law by your side.

Our team of Criminal Lawyers will protect your interests and confidently manage your case, no matter how serious. At Longton Legal, we have lawyers dedicated solely to Criminal Law matters with a proven track record in all jurisdictions.

Our highly skilled Criminal Lawyers have the required expertise to build a strong defence strategy for your unique situation. Our quick response times and open communication will keep you assured that your case is getting the attention it requires.

Whether you find yourself in trouble in the early hours of the morning, late at night or even on a holiday, we will be there. Our Criminal Lawyers will come to you and respond with the utmost urgency.

Everyone has a right to cost-effective and efficient legal representation.Our Criminal Lawyers attend courts all over NSW including Sydney CBD, Sydney West, Sydney South-West and Regional NSW.

Our expertise in Criminal Law extends to:

  • Arrests
  • Bail Applications
  • Defended Hearings
  • District and Supreme Court Trials
  • Appeals
  • Independent Commission against Corruption (ICAC) Inquiries
  • Crime Commission Proceedings
  • Forfeiture Proceedings

Arrests

Police have powers to arrest however these powers are limited and certain rights of the accused party must be adhered to. Such safeguards for the accused are present in the law to prevent abuse of power or process. Following arrest, there are also a number of steps that must be followed and time restraints may apply.

If you or someone you know has been arrested, contact our expert Criminal Lawyers today.

Bail Applications

Following an arrest, you may either be released on ‘bail’ or brought before a court for a determination of this very question - should you be released? An interesting question when balanced against the notion of innocent until proven guilty. It is important to speak with an experienced Criminal Lawyer who will be able to assist with particular considerations relevant to the question of bail. Such considerations include the attitude of the Prosecution, whether you need to ‘show cause’, the relevant jurisdiction, and formulating appropriate bail conditions.

Bail Applications can often be strongest at the early stages of the matter, and it is therefore important, if you or someone you know has been refused bail, to contact a lawyer immediately.

Contact our expert Criminal Lawyers today to discuss your bail options.

Defended Hearings

Depending on the seriousness of a criminal offence, the matter may be heard at the Local Court or referred to a higher court. There are different ways to approach a defended hearing in the Local Court.

A defended hearing provides an opportunity to test the case against you, and in some instances for you to offer your version to the court. It is imperative that your defended hearing is well prepared.

Our Criminal Lawyers are highly specialised in all Local Court matters - feel free to discuss your options today.

District and Supreme Court Trials

The more serious criminal offences (also known as indictable offences) in NSW are determined in the District or Supreme Court. An accused person is generally required to indicate whether they plead ‘guilty’ or ‘not guilty’. The legal processes within these Courts are based upon the plea of the accused person.

If an accused person pleads ‘not guilty’ then the matter proceeds to trial. The matter will most likely proceed to a criminal trial by jury, unless the accused person applies for the matter to be heard by the Judge alone.

A vital step in preparation for trial is working with your Criminal Defence team to familiarise yourself with the legal processes, procedures and requirements. With your defence in mind, our Criminal Law experts will work with you throughout the trial process, and are readily available at all stages.

If you or someone you know is looking to defend Criminal charges, speak to one of our expert Criminal Lawyers today.

Appeals

If you are unhappy with the decision of your criminal case, there are possible avenues of appeal available to you.

Depending on the circumstances of your case, appeals against the decision of the Local Court are either determined by the Local Court on review, or by an appeal in the District Court.

Appeals against the decision of the District Court are heard by the Court of Criminal Appeal or the Court of Appeal. Depending on the strength of the reasons, appeals may also be heard in the High Court of Australia.

Time limits generally apply when lodging an appeal, and it is therefore important to speak with an expert at the earliest opportunity. Our Criminal Lawyers have represented clients across various jurisdictions and are available to discuss the prospects of a pending appeal.

To inquire as to whether an appeal is appropriate, contact our Criminal Defence team today.

Independent Commission against Corruption (ICAC) Inquiries

The Independent Commission Against Corruption (ICAC) was established to eliminate corruption and restore faith within the public sector. In undertaking this role, the ICAC must adhere to jurisdictional and other legal requirements.

Depending on the matters brought before the ICAC, the Commission may request an investigation, refer the matter, or officially commence their own investigation.

If you receive a summons to give evidence, it is important that you obtain legal advice. The Commission possesses strong powers to compel witnesses to give evidence, and you should know your rights within this forum. It is also possible for criminal charges to surface - our Criminal Lawyers have experience in ICAC inquiries, and will ensure your rights are protected.

Speak to one of expert Criminal Lawyers today.

Crime Commission Proceedings

The Australian Criminal Intelligence Commission (ACIC) and the New South Wales Crime Commission (NSWCC) are statutory organisations set up to investigate serious criminal conduct or activity. Each are unique in their investigative and intelligence gathering powers.

Some of the criminal activities investigated can include murder, firearms and arms dealing, money laundering, cyber crime, drug supply and corruption. The NSWCC and the ACIC facilitate prosecutions in Australia.

The Commissions have the power to restrain a person from dealing with or disposing of property by obtaining Property Restraining Orders from the Supreme Court.

Should you find yourself facing Crime Commission proceedings, it is important to seek legal advice immediately and to know your rights. The consequences can be drastic - speak with one of our expert Criminal Lawyers today.

Forfeiture Proceedings

In the event of suspected criminal activity, assets may be frozen, forfeited, restrained or seized. The circumstances in which such a course of action is taken are varied; however property is not limited to cash and may cover assets like houses, boats, cars, or bank accounts.

Upon an application by a law enforcement agency, the aim is to deprive persons of any benefit from the proceeds of criminal offences.

There are various orders that can be sought in NSW, as well as the Federal jurisdiction - as such, it is important to know how they may affect you, what your rights are and how to respond.

Get in touch with one of our expert Criminal Lawyers today.

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Mariah Maltezos

Senior Associate

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Daniel Wakim

Solicitor

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Andrew Sant

Solicitor

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DRIVING AND TRAFFIC OFFENCES

At Longton Legal, we appreciate the significance of your licence and how important it is for everyday life - not only for convenience, but as an essential asset to family life, travel, employment, study and much more. Our expert Criminal and Traffic Lawyers are always available to provide you with the right advice to suit your situation.

What does a loss of licence mean for you?

Questions that may run through your mind are plentiful when you are faced with the possibility of a loss of licence. You may want to know the nature of the offence you’re alleged to have committed, whether there is a chance of a lesser penalty, what happens if you go to court, and what effect, if any, this may have on your record and lawful ability to drive.

Our Traffic Lawyers have significant experience across a range of driving offences in NSW. Whether you have been charged with an offence of driving with a prescribed concentration of alcohol, dangerous or negligent driving, or simply wish to know more about the rules and regulations in NSW; we will review your situation, and work with you to achieve your desired outcome.

Our Traffic Lawyers attend courts all over NSW including Sydney CBD, Sydney West, Sydney South-West and Regional NSW.

Our core areas of service include:
  • Licence Appeals
  • Drink Driving and Drug Driving
  • Driving whilst Suspended, Disqualified or Unlicensed
  • Negligent Driving
  • Trucks and Heavy Vehicles
  • Applications to remove Licence Disqualification

Licence Appeals

Facing a licence suspension? You can appeal against the decision of the Roads and Maritime Services (RMS) to suspend your licence for exceeding the speed limit by 30km/h or 45km/h, and for Provisional (P) plate licence suspensions for exceeding demerit points.

You can also appeal against the decision of the police to immediately suspend your licence for certain offences.

You have 28 days to lodge your Appeal.

Our expert Traffic Offence Lawyers can assist with your Licence Appeal - contact us today.

Drink Driving and Drug Driving

Driving under the influence of drugs or alcohol are serious offences all too prevalent in Courts across NSW. The penalties that may apply vary depending on your reading (Prescribed Concentration of Alcohol), the detection of an illicit substance, or whether you have been charged because you were noticeably affected by drugs or alcohol (driving under the influence).

The severity of these offences is reflected in the potential penalties, and in some instances will include the possibility of imprisonment. The potential deprivation of your liberty is one side to the potential consequences, and for some people is an unrealistic sentencing option. On the other side the deprivation of a person’s licence to drive is almost certainly a realistic outcome which can have severe and onerous consequences.

At Longton Legal, our Criminal and Traffic Lawyers will provide you with realistic advice, possible defences, and assess your likely prospects of a successful outcome.

If you require advice or representation, contact our experienced Criminal and Traffic Lawyers to discuss your case.

Driving whilst Suspended, Disqualified or Unlicensed

In NSW, the Courts consider offences of driving whilst suspended or disqualified very serious. Irrespective of whether your licence is suspended due to demerit points, traffic offences or unpaid fines - your licence is ultimately suspended and you should confirm the status of your licence before you resume driving. The penalties for these offences can include a further licence disqualification, a monetary penalty, or even imprisonment.

In certain circumstances, you may have a defence available to you, or, should you plead guilty, seek to have no conviction recorded (Section 10). It is important to obtain appropriate and tailored legal advice to suit your situation.

If you are facing an offence of driving whilst suspended, disqualified or unlicensed, contact one of our expert Traffic Offence lawyers to discuss your case.

Negligent Driving

Did you drive in a manner that a reasonable prudent driver would have driven in all the circumstances? This is the primary consideration when facing an offence of Negligent Driving in NSW. There are three main offences within the ambit of Negligent Driving:

  • Negligent driving that does not occasion death of grievous bodily harm;
  • Negligent driving that occasions grievous bodily harm; and
  • Negligent driving that occasions death.

The seriousness of these offences is reflected by the legislative penalties. Negligent driving occasioning grievous bodily harm or death are deemed extremely serious, and may potentially bring with them a criminal conviction, licence disqualification, and imprisonment.

If you were involved in an accident, with or without another person/s being injured, you may be charged with a Negligent Driving offence.

To discuss your case strategy, talk to one of our expert Traffic Offence Lawyers.

Trucks and Heavy Vehicles

The requirements to hold a truck or heavy vehicle licence are different and so are the legal obligations. With respect to drink driving offences, the threshold Blood Alcohol Concentration (BAC) level for operators of trucks and heavy vehicles is lower than other vehicles.

A heavy vehicle is defined as having a gross vehicle mass or aggregate trailer mass (or combined) of more than 4.5 tonnes. Rules and regulations governing trucks and heavy vehicle offences is continuously being reviewed, and so it is important to be aware of any changes.

Holding the appropriate truck or heavy vehicle licence is one aspect - but it is important to be aware of your obligations, and pay particular consideration to aspects including overloading, speed limiters, dimension limits, and load restraints - otherwise you may be charged with an offence.

If you have been charged with a truck or heavy vehicle offence, contact our expert Traffic Offence Lawyers today.

Applications to remove Licence Disqualification

We are regularly asked whether years of licence disqualification may be removed. Recent amendments to the law in NSW have allowed disqualified drivers to apply to the Local Court to remove the previously imposed period of disqualification.

The circumstances and requirements that enable this application can vary and it is important to speak with an experts in Traffic Law to see whether you qualify.

To find out your options, speak with one of our Traffic Offence Lawyers.

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Andrew Sant

Solicitor

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Mariah Maltezos

Senior Associate

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Alexandra Eisen

Solicitor

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CORPORATE AND COMMERCIAL LAW

Today the competition is fierce, and consumer expectations are high and increasing. Unfortunately, so are the legal obligations. Our highly trained Corporate and Commercial Lawyers keep a continuous watch over the changing legal landscape and can assist you with tailored advice for your matter.

Know Your Legal Obligations

Whether you are developing a business or are actively running a business, there are a number of legal obligations you must fulfil in any transaction or venture you undertake. The law is ever-changing so you need a Corporate and Commercial Lawyer to keep you informed and provide advice that encompasses the most up to date information.

At Longton Legal, we pride ourselves on delivering innovative and pragmatic legal solutions. Working closely with relevant stakeholders, we aim to provide you not just legal advice but business-focussed advice.

Our Corporate and Commercial Lawyers provide advice to both private and public companies at all stages of business development.

Our expertise in Corporate and Commercial Law extends to:

  • Shareholder and Partnership Disputes
  • Trust Disputes
  • Company Incorporations
  • Joint Ventures
  • Purchase and Sale of Businesses
  • Contracts and Agreements

Shareholder and Partnership Disputes

Small company or partnership disagreements are common when there are multiple parties involved. However, when these small disagreements become serious between shareholders of the company or partners, other avenues of resolution need to be explored. In the context of shareholders, a claim for oppression under the Corporations Act 2001 may be an option but may result in the winding up of the company.

Speak to our expert Corporate and Commercial Lawyers about resolution options for your situation.

Trust Disputes

Trusts are set up for a number of different reasons and can provide tax benefits. Usually set up in the family context, trusts provide avenues to split income and/or control assets. As useful as they may be, trust disputes are also common. Common issues include taxation, income division, entitlements and even the validity of the trust itself.

Ask our expert Corporate and Commercial Lawyers about your trust concerns.

Challenging and Contesting a Will

Trusts are set up for a number of different reasons and can provide tax benefits. Usually set up in the family context, trusts provide avenues to split income and/or control assets. As useful as they may be, trust disputes are also common. Common issues include taxation, income division, entitlements and even the validity of the trust itself.

Ask our expert Corporate and Commercial Lawyers about your trust concerns.

Company Incorporations

Are you looking to set up a company? The process is called incorporation and can be a complex one. All company incorporations are governed by the Corporations Act 2001 and overseen by the Australian Securities and Investment Commission (ASIC). Before setting up your company, you will need to determine the type of company you wish to set up and the appropriate internal governance structure.

Talk to our expert Corporate and Commercial Lawyers today.

Joint Ventures

It’s an exciting time to undertake a joint venture. Both parties are looking forward to the growth the venture will create and the newfound identity. It is important to detail and take note of your obligations in a joint venture agreement, particularly, the capital contributed by each party, governance obligations and reporting responsibilities.

To learn more, contact our expert Corporate and Commercial Lawyers today.

Purchase and Sale of Businesses

When purchasing a business, you should carry out due diligence to ensure you are confident with its profitability and cash management. Once you have completed due diligence and are satisfied, you will need to confront the business contract of sale. Similarities do exist with a purchase of a residential property but there are also differences due to the commercial nature. For instance, you will need to consider other factors such as leasing of premises, employees and protection of commercial assets.

Come in and see one of our expert Corporate and Commercial Lawyers.

Contracts and Agreements

In the corporate and commercial context, you will be faced with a number of contracts and agreements for a range of matters. You could be looking at a distribution contract and in the next minute, you’ve been handed a leasing agreement for premises. When signing a contract, you should have an understanding of your rights and obligations. You should seek legal advice.

Our Corporate and Commercial Lawyers are ready to assist – contact us today.

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Henry Li

Solictor

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Paul Sant

Partner

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CIVIL and GENERAL LITIGATION

Highly Trained, Relentless Litigators

We are aggressive, we are relentless. We have recently successfully appealed a matter to The High Court of Australia to obtain what we believed was the correct result despite unfavourable decisions from the lower courts including The NSW Court of Appeal. No matter is too big or difficult for our team of Lawyers. All disputes are different and we will work with you to find a strategy that delivers the intended result. You will be provided with clear and practical advice every step of the way. Our Litigation Lawyers attend courts all over Australia and are available to assist with international disputes. We represent both individual and commercial clients. Our expertise in Civil and General Litigation extends to:

  • Professional Negligence
  • Property Damage Claims
  • Debt Recovery
  • General Commercial & Contract Disputes
  • Quantum Meruit Claims
  • Injunctions

Professional Negligence

No matter the profession, mistakes made by those providing services may have serious impacts on your financial circumstances. If you have found yourself in this situation, you may be eligible to make a claim for professional negligence. A claim for professional negligence can be made against accountants, engineers, builders, architects, lawyers and more. There are time limitations with these type of claims, so time is of the essence.

Book an appointment with one of our expert Litigation Lawyers to assess the merits of your claim.

Property Damage Claims

A property damage claim arises where your property has been damaged by someone else’s actions. This can include claims against builders, architects, engineers as well as claims under the Home Warranty legislation. Even with insurance, you may not be able to recoup the total cost of the damage. By bringing a claim against the person or company at fault, you may be able to cover most, if not all, of the cost of the damage.

Speak to our expert Litigation Lawyers today.

Debt Recovery

Are you owed money? There are ways to get what you’re owed without going to court. The first step is to send a formal default notice. Following that, you can enter into discussions and look at finding a resolution. In the event that court proceedings are required, you will need a Lawyer with expert in different jurisdictions and methods of enforcement.

Our expert Litigation Lawyers are ready to assist – contact us today.

General Commercial and Contract Disputes

Entering into a contract or commercial agreement is meant to keep things simple and ensure each party knows their obligations and entitlements. Unfortunately, this is not always the case and one party may default or fail to carry out their side of the bargain. When this happens, the dispute resolution clauses in the contract or agreement become very important. Sometimes, such clauses may appear ambiguous or unhelpful and another mode of resolution is required.

Book a consultation with our expert Litigation Lawyers to discuss your options.

Quantum Meruit Claims

This is a claim for payment of a reasonable sum for work or services performed. Quantum Meruit claims arise where an express amount has not been agreed upon between the parties for work or services undertaken. Some form of agreement exists between the parties however no express amount was stipulated. If this is your situation, don’t worry, you may be able to make a payment claim for a fair and reasonable amount.

Ask our expert Litigation Lawyers today.

Injunctions

An injunction is a mechanism to request the court to prevent a certain action being taken by another until the resolution of the main claim or proceeding. For instance, where divorce proceedings are on foot, parties may be restrained from selling property or dealing with bank monies until the divorce proceedings have concluded. If a party breaches an injunction, they may be held in contempt of court which may result in a heavy fine or imprisonment.

Contact our expert Litigation Lawyers today.

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Jonathan Coyle

Partner

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Paul Sant

Partner

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DISPUTE RESOLUTION

When there is no other way and litigation seems the only option, you need representation and advice from a firm of Solicitors that has a reputation of protecting clients’ interests and get results. Our Dispute Resolution and Litigation Lawyers are focused on achieving outcomes with strategy and innovation.

At Longton Legal, we will firstly explore alternative dispute resolution methods with the parties to avoid unnecessary costs and delays or when litigation is unavoidable, our highly experienced Litigation Lawyers will be ready to fight for you.

Highly Trained, Relentless Litigators

We are aggressive, we are relentless. No matter is too big or difficult for our team of Lawyers. All disputes are different and we will work with you to find a strategy that delivers the intended result. You will be provided with clear and practical advice every step of the way.

Our Litigation Lawyers attend courts all over Australia and are available to assist with international disputes. We represent both individual and commercial clients.

Our expertise in Dispute Resolution and Litigation extends to:

  • Negotiation
  • Mediation
  • Arbitration and Conciliation
  • Professional Negligence
  • Property Damage Claims
  • Debt Recovery
  • General Commercial and Contract Disputes
  • Quantum Meruit Claims
  • Injunctions

Negotiation

Before pursuing more formal means of dispute resolution, you may consider various Alternative Dispute Resolution (ADR) options like Negotiation. This particular form of ADR consists of parties entering discussions to find a resolution. There is no middle man, giving complete control to the parties in determining the outcome. Negotiation is the first step in attempting to resolve a dispute and if successful, can save a lot of time and money for all involved.

Speak to one of our expert Dispute Resolution Lawyers today.

Mediation

Mediation is another form of Alternative Dispute Resolution (ADR) and consists of a mediator, someone impartial and unbiased, to assist with the resolution of the dispute. The mediator is a professional with the appropriate training however will not provide legal advice to either party nor are they allowed to make a decision on the matter. The sole function of the mediator is to assist the parties to come to a resolution themselves.

For legal advice on your mediation options, contact our expert Dispute Lawyers today.

Arbitration and Conciliation

Arbitration and Conciliation are more formal methods of Alternative Dispute Resolution (ADR). Arbitration is similar to presenting your case in the courtroom in that both parties are given the opportunity to provide their side of the story to an arbitrator, an independent third person. The arbitrator will then make a decision that may be binding on both parties. Conciliation sits between Mediation and Arbitration – the independent party does not make a decision on the matter however may suggest resolution options to the parties.

To understand your ADR options, book an appointment with one of our expert Dispute Resolution Lawyers.

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Samual Li

Managing Partner

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Jonathan Coyle

Partner

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PERSONAL INJURY

Have you sustained an injury as a result of someone else’s actions? You may be entitled to make a personal injury claim. Our expert Personal Injury Team is here to help.

Heading our personal injury team is Jonathan Coyle. With over 20 years’ experience and a strong background working as an in-house lawyer for Australia’s largest insurer, IAG, your matter will be in good hands.

No win, no fee*

At Longton Legal, we focus on providing you with a strategy to resolve your personal injury claim without incurring significant legal costs. So, our fees are only payable if you receive a financial payment for damages.

Contact us today and start with a free consultation. We will give you our preliminary expert advice and it won’t cost you a cent.

Our Personal Injury Lawyers have experience across a range of complex matters in a number of jurisdictions including NSW and Victoria. We also represent private individuals as well as insurers.

Our expertise in Personal Injury extends to:

  • Medical Negligence
  • Motor Vehicle Accidents
  • Public Liability Claims
  • Other Insurance Claims
  • Assault, Battery and False Imprisonment
  • Superannuation and Total and Permanent Disability
  • Income Protection
  • Dust Disease and Asbestos
  • Work Injury

*Terms and conditions apply, please refer to our cost agreement for more details.

Medical Negligence

This area of personal injury covers negligence by any health care provider including doctors, dentists, hospitals and specialists. The law surrounding medical negligence is vast and evolving. It can be a complex field to navigate but with the right legal advice, you will be able to move forward with confidence.

Speak to one of our expert Personal Injury Lawyers today.

Motor Vehicle Accidents

If you have sustained an injury in a motor vehicle accident, you may be able to make a personal injury claim. The claim may be made against the insurer of the driver at fault of the other involved vehicle but you will need to show a breach of a duty of care. There are also special provisions for ‘blameless accidents’.

To explore your eligibility to make a personal injury claim, contact our expert Personal Injury Lawyers.

Public Liability Claims

A claim for public liability arises if you have suffered an injury on private or public property. Depending on the type of claim you wish to make, you will need to follow the appropriate processes or protocols. To claim, you will need to prove that the accident was caused as a result of a breach of a duty of care owed to you by another person, company or statutory authority.

Contact our expert Personal Injury Lawyers today.

Other Insurance Claims

Have you sustained an injury but not sure whether you can make a claim? The world of personal injury can be confusing and difficult to understand. The law is also constantly changing and strict time limits are applied. Legal advice early can help you ensure your claim is pursued in time.

Book a consultation with one of our expert Personal Injury Lawyers today. First consultation is free.

Assault, Battery and False Imprisonment

Classed under the category of intentional torts; Assault, Battery and False Imprisonment require an intent to cause harm. A common example is punching someone. There is an intent to cause harm and an injury results. The criminal element of the charge will be dealt with by police but as a victim, you may be entitled to compensation for the injury you suffered.

To understand more about intentional torts, ask our expert Personal Injury Lawyers today.

Construction of a Will

Superannuation and Total and Permanent Disability

Beyond your working years, you want to be assured of sufficient savings for a comfortable retirement. However, things don’t always go according to plan and you may need to access your superannuation early. There are a range of benefits available in the event you sustain an injury that results in a total and permanent disability.

Find out your entitlements with our expert Personal Injury Lawyers.

Dust Disease Asbestos

Diseases suffered as a result of dust and asbestos have special claim processes. Such diseases include asbestosis, mesothelioma and lung cancer. If you have been exposed to asbestos or have a dust related disease, you may be entitled to make a claim. Speak to our expert Personal Injury Lawyers to understand the process for your case

Income Protection

To ensure you are protected from a loss of income in the event of injury, you need adequate income protection insurance. Many income protection policies are available through your employer or superannuation fund. The benefits available under different policies are varied and can be customised. We can assist with the claims process or take on any denial by the insurer for coverage.

To ensure you receive all your entitlements, speak to our expert Personal Injury Lawyers.

Enduring Guardianship

Diseases suffered as a result of dust and asbestos have special claim processes. Such diseases include asbestosis, mesothelioma and lung cancer. If you have been exposed to asbestos or have a dust related disease, you may be entitled to make a claim.

Speak to our expert Personal Injury Lawyers to understand the process for your case.

Work Injury

Otherwise known as workers’ compensation, a work injury may entitle you to make a compensation claim against your employer. As there are time limits to adhere to, you should ensure you report the claim as soon as possible to your employer.

To talk to an expert in Workers’ Compensation, book an appointment with our Personal Injury Lawyers today.

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Jonathan Coyle

Partner

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Laura Green

Solicitor

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IMMIGRATION LAW

The laws around immigration in Australia are ever-changing and at times, unclear. At Longton Legal, we have expert Immigration Lawyers who can help you with your unique migration situation. We thrive on providing you with innovative and pragmatic solutions and have a reputation for successfully helping our clients in obtaining their desired result.

Our Experience

The Migration Department at Longton Legal provides a complete Immigration Law service. Our Immigration Lawyers are both qualified Solicitors and Registered Migration Agents (RMA).

We represent our clients in all Tribunals and Courts within Australia, in addition to dealing with the relevant authorities on behalf of our clients. Over the years we have gained a reputation for successfully representing our clients in seeking a review of a declined application or an unfavourable decision at the Administrative Appeals Tribunals (merits review) and in the Federal Court (judicial review) as well as seeking intervention by the Minister (Ministerial Intervention).

We specialise in assisting over-stayers, applicants affected by public interest criteria or character issues, and representing those with visas under review for possible cancellation by the Department of Immigration and Border Protection.

To improve your chance of a positive outcome in your initial application and to ensure your migration process progresses smoothly, it is recommended that you utilise a qualified and experienced Immigration Lawyer.

Visa Applications (all categories)

If you are in need of advice for a particular visa, contact our expert Immigration Lawyers today. As visa processes can be time sensitive and costly, it is critical that you get the right advice from the start. Our Immigration team will sit down with you and work out the most appropriate visa for your situation and handle your case from start to finish.

Forget about getting caught up with immigration authorities - with an expert Immigration Lawyer by your side, the requirements of your application will be clear and you will save time trying to understand the various immigration policies.

Our Immigration Team handles all types of Australian Visa applications, and related issues including:

  • Ministerial Intervention
  • Over-stayers
  • Tribunal and Court Appeals
  • Business and Investment Visas
  • Work Visas
  • Student Visas
  • Family Visas
  • Visitor Visas
  • Skilled Independent/Nominated Visas

Ministerial Intervention

If your visa has been rejected, you may be able to apply for Ministerial Intervention. Under the Migration Act 1958, the Minister for Immigration and Border Protection may, in certain circumstances, overturn the original decision and grant you the visa. Ministerial Intervention is the last step of appeal in the visa process. This step should be properly considered and dealt with by an expert.

Get trusted experts on your case, contact our Immigration Lawyers today.

Over-stayers

Has your visa expired or is about to? You need to act sooner rather than later as overstaying your visa in Australia has serious consequences. Without a valid visa, you may be removed from your place of residence and placed in immigration detention until the determination of your case. Further, you could also be refused entry into Australia for at least the next three years.

Don’t wait until it’s too late, speak to our expert Immigration Lawyers today.

Tribunal and Court Appeals

There are appeal avenues available to you if your visa has been rejected by the Department of Immigration and Border Protection. A decision on a visa application is treated as an administrative decision and at first instance, most appeal matters are heard by the Administrative Appeals Tribunal (AAT). The time for the AAT to reach a resolution can vary and may take anywhere between a month to a year.< To assess the merits of your visa appeal, talk to our expert Immigration Lawyers.

Business and Investment Visas

Australia is a popular and viable opportunity for investment and business. If you are seeking Australian residency and have plans to invest or commence a business in Australia, there are two options that may be available to you.

Option 1

The Business Innovation and Investment Visa Program, a two stage process for most applicants.

  • The Business Innovation and Investment (Provisional) visa (subclass 188) is valid for four years and will allow you to move to Australia to undertake business or investment activity.
  • The Business Innovation and Investment (Permanent) visa (subclass 888) is a permanent visa that you can apply for after you have fulfilled the requirements of your provisional visa.

The are five related qualifying streams:

  • The Business Innovation stream is for people who wish to own and manage a new or existing business in Australia.
  • The Investor stream is for people who wish to make a designated investment in an Australian state or territory and want to maintain business and investment activity in Australia after the original investment has matured.
  • The Significant Investor stream is for eligible applicants who are willing to invest at least AUD$5 million into complying investments in Australia.
  • The Premium Investor stream is for eligible applicants who have been nominated by Austrade.
  • The Entrepreneur stream is for people who wish to undertake a complying entrepreneurial activity that leads to either the commercialisation of a product or service, or development of a business in Australia.

Option 2:

The Business Talent (subclass 132) visa is a permanent visa which has two streams:

  • The Significant Business History stream is for owners or part owners of a business who want to have a major management role in a new or existing business in Australia.
  • The Venture Capital Entrepreneur stream is for people who have obtained at least AUD$1 million in funding from an AVCAL approved Australian venture capital firm for the start-up, product commercialisation or development of a promising high-value business idea.

Our expert Immigration Lawyers can guide you through the abovementioned processes.

Work Visas

To work in Australia, overseas residents need to have a valid work visa. There are a range of different visas available depending on your circumstances. If you have certain skills or qualifications that are in demand in the Australian market, you may be eligible for a work visa. Australia is currently facing major skill shortages in the areas of information technology, nursing, automotive trades, engineering and many more areas. Work visas may allow applicants

opportunities to work in Australia in their nominated occupations with approved sponsors for up to four years, depending on their circumstances.

At Longton Legal, we are able to provide comprehensive and specific information to the applicant and/or the sponsor to determine the best avenue for success.

Our Immigration Lawyers are highly experienced in the following visa categories:

  • Temporary Work (Short Stay Specialist) visa (subclass 400)
  • Temporary Activity Visa (subclass 408)
  • Temporary Work (Skilled) Visa (Subclass 457)
  • Employer Nomination Scheme Visa (Subclass 186)
  • Regional Sponsored Migration Scheme Visa (Subclass 187)
  • Investor Retirement Visa (Subclass 405)
  • Working Holiday (Subclass 462 and 417)

Book an appointment with our expert Immigration Lawyers to explore your options.

Student Visas

Australia is an increasing popular place to study. Whether you are looking to study full-time or undertake training in a profession to meet requirements of your study in your home country, there are visa options available to you. You will need to understand the eligibility criteria to ensure you have the relevant documents and have made the appropriate arrangements. For example, failure to submit a Genuine Temporary Entry (GTE) statement might lead to a refusal of your student visa application. Our experienced Immigration Lawyers can explain to you in detail why a GTE statement is required and what issues you might need to consider and address when preparing your application and documentations.

Family Visas

Applications under the Family Visa categories often involves various complexities. If you are an Australian citizen or permanent resident, you may be able to sponsor your family to live in Australia; however there are limitations and restrictions. Separate visas exist for partners, children and other family members and the eligibility criteria, including medical and financial requirements, are different for each category.

Our experienced team can assist with the following initial visa applications, and, if required, related appeals:

  • Onshore Partner Temporary Visa (Subclass 820) and Permanent visa (Subclass 801)
  • Offshore Partner Temporary Visa (Subclass 309) and Permanent visa (Subclass 100)
  • Prospective Marriage Visa (Subclass 300) – Fiancé visa
  • Child Visa (Subclass 101) and Onshore Child Visa (Subclass 802)
  • Adoption Visa (Subclass 102) Orphan Relative Visa (Subclass 117) and Onshore Orphan Relative Visa (Subclass 837)
  • Dependent Child Visa (Subclass 445)
  • New Zealand Citizen Family Relationship (Temporary) Visa (Subclass 461)
  • Contributory Parent (Temporary) Visa (Subclass 173) and Contributory Parent Visa (Subclass 143)
  • Contributory Aged Parent (Temporary) Visa (Subclass 884) and (Permanent)(Subclass 864)
  • Carer Visa Offshore (Subclass 116)
  • Carer Visa Onshore (Subclass 836)
  • Remaining Relative Visa (Subclass 115)
  • Aged Parent (Permanent) Visa (Subclass 804)
  • Parent Visa (Subclass 103)
  • Medical Treatment Visa (Subclass 602)

To find the appropriate visa for your family member, speak to our expert Immigration Lawyers.

Visitor Visas

Is someone coming to visit you? In Australia, there are three Visitor Visas available:

  • Electronic Travel Authority (subclass 601 visa)
  • eVisitor (subclass 651 visa)
  • Visitor Visa (subclass 600 visa)

Each have their own eligibility criteria and process. An easy starting point to decide which visa is right for your visitor is their country of nationality.

Talk through visa options with our expert Immigration Lawyers today.

Skilled Independent/Nominated Visas

This permanent visa category is assessed against an applicant’s skills. This stream is for points-tested skilled applicants who meet the nominating state/territory or departmental criteria in relation to their nominated occupation.

Subclass 189 - This stream is for points-tested skilled applicants who are not sponsored by an employer or family member or nominated by a state or territory

government. It allows you to live and work in Australia as a permanent resident.

Subclass 190 - This stream allows skilled workers who do not meet the above point test for the skilled independent visa, to apply for permanent residency through state and territory nomination.

Subclass 489 - This stream is designed to encourage migrants to live and work in regional areas of Australia where there are large skill shortages and significant numbers of job vacancies. This is a four year regional provisional visa which gives the applicant temporary immigration and residency.

To find out whether this visa is for you, speak to our expert Immigration Lawyers.

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Shannon Lin

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Sonya Chen

Solicitor

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