Frequently Asked Questions
What is a ‘Certified’ document and can you certify a document for me?
A Certified copy is a copy of a primary document that has on it an endorsement or certificate that confirms it is a true copy of the primary document. This certification can only be done by a person who is legally allowed to do so including, but not limited to, the following from our profession: –
- Justice of the Peace; and
- Commissioner for Declarations.
If you are an existing client, yes we can certify your document!
When should I retain a solicitor for conveyancing?
BEFORE signing any Contract. It is important your rights are properly protected from many risks. We do not charge for checking your Contract before you sign it, please make sure you do so.
Any written offer should be viewed by a lawyer before signing. In Queensland, most real estate agents make an offer in the form of a Contract. You might think you are only signing an offer, but if it is on a Contract form and the seller signs accepting your offer, you are already bound to a Contract. You should be getting legal advice before being bound to any Contract.
The Police want to speak to me…
You have the right to retain a lawyer prior to speaking with Police. If you proceed with your interview prior to retaining a lawyer, you have the right to cease the interview at any time and retain a lawyer before proceeding. An electronic record of interview is not compulsory, you do not have to participate in the interview and should seek legal advice before you do.
What is an EPA & AHD?
An Enduring Power of Attorney (or EPA) is a legal agreement that enables a person (you) to appoint a person you trust, or people you trust, to make financial and or property decisions on your behalf. It is an agreement that be executed by anyone over the age of 18 years, who has full legal capacity.
An Advance Health Directive (or AHD) is a legal document that enables you to make decisions now about the treatment you would want (or not want) to receive if you ever became sick or injured and were incapable of communicating your wishes. An AHD essentially becomes your voice when you are no longer able to speak.
An AHD only comes in to place when you are no longer able to make reasoned judgements about treatment (medical, surgical or dental including palliative care and life-sustaining measures).
When can I apply for a divorce?
To be able to get divorced you need to show that your marriage has ‘irretrievably broken down’. This is demonstrated by being separated for 12 months or more, and there being no likelihood of the relationship resuming. The separation can be initiated by one person, or both.
Do I need a lawyer to buy or sell a business?
It is strongly recommended you retain a solicitor for the sale or purchase of your business. There are many conditions, issues and matters to consider, some of which may be missed, if you attempt to self act in the purchase or sale of your business. It can cost you a lot more in the long run.
Furthermore, we recommend you see your Accountant around the same time you retain a lawyer.
Lets have a chat
Do you have any questions?
Let’s make a time to sit down and discuss your query, so the team at V.A.J Byrne & Co Lawyers can advise you on the best solution moving forward.
148 Auckland Street
Gladstone QLD 4680
Suite 6, 20B Quay Street
Bundaberg QLD 4670
PO Box 273
Gladstone QLD 4680
Phone: (07) 4972 1144
Fax: (07) 4972 3205
Serving the CQ Region since 1931