14 Queens Rd, Scarness, QLD, 4655 Monday to Friday 8am to 5pm
07 4128 4777
admin@hblawyers.com.au

Services

Commercial Law

McDuff & Guilfoyle Lawyers 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

Property and Unit Development

Body Corporate Matters

Employment Law

Partnership Law

Taxation and Duties

Trusts

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 McDuff & Guilfoyle Lawyers 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

Disputes over corporate management and control

Business dissolutions

Employment disputes

Franchise disputes

Consumer fraud and consumer protection issues

Debt collection actions

Any litigation matter can have a serious impact on your business. McDuff & Guilfoyle Lawyers experience and knowledge will ensure that your interests will be protected

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

The purchase or sale of property can often be a complex process and a solicitor should be consulted before the signing of any property contract. McDuff & Guilfoyle Lawyers perform cost effective residential and commercial conveyancing services to reduce the complexity you encounter in a property transaction..

For all Conveyancing inquiries, call 07 4128 4777

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

Care costs (including past and future care)

Out of pocket expenses

It is important to remember that in respect of all car accident claims, even if the driver of the vehicle involved in your accident is a friend or a family member, it is the Compulsory Third Party Insurance company or the Nominal Defendant that will be compensating you for your injuries, loss and damage caused in auto accident claims and not your friend or family member.

Strict time limits apply in relation to lodging your claim for Compensation, which may result in you not being able to proceed with your claim. It is therefore critical that you do not delay in contacting us and ensuring that your rights are protected

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

Disease (example asbestos or Q-fever)

Industrial deafness, psychiatric or psychological disorders such as stress or depression

aggravation of a pre-existing condition

Death from an injury, disease or aggravation of a disease

If you have sustained a workplace injury you may be entitled to make a;

Statutory claim – where a worker has suffered a work-related injury regardless of who or what caused the injury

Common law claim – Where a worker may lodge a common law claim if their work-related injury was caused as a result of a breach of contact, breach of statutory duty or negligence

Strict time limits apply to workplace accident claims. Failure to comply may result in you not being able to proceed with your claim, so do not delay in contacting us

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. The Agreement can also deal with the maintenance of either party during the marriage or after dissolution of marriage or both during and after dissolution of marriage.

A similar Financial Agreement can also be entered into by couples during a marriage but before divorce. Once again this Agreement can deal with how, in the event of the breakdown of the marriage, all or any of the property or financial resources of either party at the time the Agreement was made is to be dealt with and it can also deal with the maintenance of either party.

Financial Agreements can also be entered into by couples after the dissolution of their marriage dealing with how all or any of the property or financial resources of either or both of them that they had or acquired during the former marriage is to be dealt with and once again can also deal with the maintenance of either party.

Cohabitation agreements or de facto agreements are also recognised in Queensland that confirm the parties’ non-financial and financial rights when the de facto relationship comes to an end.

There are strict legal requirements to adhere to in all of these agreements. McDuff & Guilfoyle Lawyers are particularly aware of the delicate and sensitive issues involved in Family matters and their understanding and compassion reflect this.

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.

Some issues to be considered before making your will include:

Who do you wish to appoint as Executor, that is, the person to distribute the parts of your estate?

Who do you wish to be the guardian of your children less than 18 years of age?

What are your current assets and liabilities?

Who will you leave your estate to?

McDuff & Guilfoyle Lawyers are particularly aware of the delicate and sensitive issues involved in Wills and Estate matters and can guide you through the process with understanding and compassion. Upon your passing we can also assist your family with Estate administration matters.

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