Your Trusted Hervey Bay Lawyers

Criminal Law

When facing a criminal charge you have to make a decision as to how you wish to respond to that charge. At its simplest, you have the option of pleading guilty (accepting the charge and being punished) or pleading not guilty (fighting the charge and seeking to have the Court decide that there is insufficient evidence to convict you).

In that regard you should be aware that the courts commonly extend leniency, or a ‘discount’, in sentencing people who plead guilty rather than those found guilty by the Court. This is a decision for you – not for your lawyer or a family member to make.

Commercial Litigation

Commercial transactions and business relationships can sometimes turn sour and dissolve into disputes, resulting in costly litigation. If negotiations or mediation between the parties fail to resolve the dispute, litigation may be the only way to resolve the matter. Areas of commercial litigation in which The Firm On The Avenue can represent you include

• Contract disputes, including breach of contract
• Tortious interference with contracts or business relationships
• Shareholder and partnership disputes
• Breaches of fiduciary duty

Conveyancing

Conveyancing refers to the legal work involved in a property transaction. It is our legal duty to either convey or acquire legal title on your behalf. There are many areas that need special assistance during conveyancing, such as

• Considering whether to purchase the property as joint tenants or tenants in common.
• Attending to title imperfections.
• Stamp Duty and payment of other fees and charges.
• Complying with Finance, Building and Pest Inspection Clauses.
• Considering the legalities of Special Conditions.
• Performing Searches.

Commercial Law

The Firm on the Avenue as Hervey Bay solicitors provide business and commercial advice for start-up and ongoing companies, family businesses, and businesses looking to expand.

Areas of practice include

• General Business and Commercial matters
• Business Conveyancing and advice
• Commercial Property Acquisitions and Sales
• Commercial Agreements and Securities
• Loan Agreements and Mortgages
• Leasing
• Legal Due Diligence

Traffic Matters

Persons convicted of Drink Driving offences may apply to the Court for a licence to drive only at certain times or between certain places for use in employment. Such a licence is only available for Drink Driving convictions.

It is often the case that the license has certain restrictions.

Personal Injury Motor Vehicle Accident

If you have been injured in a motor vehicle accident, motorcycle accident or even as a pedestrian, you may be entitled to claim accident compensation for your injuries. Injury compensation can include

• Compensation for pain and suffering and loss of your amenities of life.
• Loss of earnings (including loss of past and future income and loss of superannuation payments.
• Medical and rehabilitation expenses that you have incurred and are likely to incur in the future.
• Commercial Agreements and Securities
• Care costs (including past and future care).

Personal Injury Workplace Accident

An injury, as defined by the Workers’ Compensation and Rehabilitation Act 2003 is, ‘A personal injury arising out of, or in the course of, employment if the employment is a significant contributing factor to the injury’.

Some examples of injuries include

• Soft tissue / strains / sprain injuries.
• Neck and back injuries.
• Internal injuries.
• Cut or fracture.

Wills and Estates

Death is a fate that awaits us all. If you have not prepared a Will, when you die someone else decides how your assets are to be distributed and how in some circumstances personal matters are dealt with.

Your will is a legal document, which states how you want your estate to be managed after your death and with our guidance can become a small task to undertake. Any person over the age of 18 years (or under 18 years of age if married) and of sound mental capacity can make their Will.

Family Law

We have commonly come to know a Financial Agreement entered into before marriage as a “Pre-Nuptial Agreement”. The ability of couples to also enter into Agreements once they are married but before they are divorced is a relatively new concept in Australia.

A Financial Agreement can be entered into by couples who are contemplating entering into a marriage with each other. The Agreement can deal with how, in the event of a breakdown of the marriage, all or any of the property or financial resources of either or both of them at the time when the Agreement is made or at a later time and before the dissolution of marriage is to be dealt with.