Frequently Asked Questions

Clear answers to common legal questions across criminal, family, estate, civil, property law and our billing practices.

If you’re unsure where to start or have a specific interest, use the links below.

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Criminal Law Traffic Family Law Firearms ADVOs Wills & Estates Trusts Civil Litigation Arbitration Property Law Becoming a Client Fees & Billing

Criminal Law

  • If you’re arrested, your first priority is to protect your legal position. Remain calm, do not resist, and ask to speak to a lawyer immediately. You have the right to remain silent—use it. Anything you say may be used against you. Do not sign documents or participate in interviews without legal advice. Our firm offers 24/7 representation and can attend police stations promptly. Early legal intervention can prevent missteps and protect your rights.

  • Bail is not automatic, but it’s often achievable. The court considers factors like the seriousness of the charge, your criminal history, risk of reoffending, and whether you’ll appear in court. We prepare tailored bail applications, address risk concerns, and propose conditions that satisfy the court. In urgent cases, we can seek bail on weekends or after-hours. If bail is refused, we advise on appeal options and prepare for the next opportunity.

  • Being charged outside business hours can be overwhelming. Police may seek to interview you, impose bail conditions, or hold you overnight. Our after-hours team is available 24/7 to advise you, attend the station, and prepare for next-day court. We assess the charge, protect your rights, and coordinate with family or support persons if needed. Early legal advice can prevent unnecessary detention and strengthen your defence from the outset.

  • A guilty finding can result in a criminal conviction, which may affect employment, travel, and licensing. However, courts can issue a non-conviction order under section 10 of the Crimes (Sentencing Procedure) Act if the offence is minor and your circumstances justify leniency. We advocate for non-conviction outcomes where appropriate and help clients understand the long-term impact of any finding. If you’re charged, early advice is critical to preserving your future.

  • Summary offences include matters like minor assaults, drug possession, and traffic offences. They’re heard in the Local Court and usually resolved quickly. Indictable offences, such as robbery, sexual assault, or serious drug charges, carry heavier penalties and may be heard in higher courts. Some offences are “triable summarily,” meaning they can be heard in the Local Court if the prosecution and defence agree. We advise on jurisdiction, strategy, and the best forum for your case.

ADVO’s and APVO’s 

  • An Apprehended Domestic Violence Order (ADVO) or Apprehended Personal Violence Order (APVO) is a court order designed to protect someone from violence, harassment, or intimidation.

    ADVOs apply in domestic relationships; APVOs apply outside them (e.g., neighbours, colleagues).

    You don’t need to be charged with a criminal offence to be subject to an order but breaching one is a criminal offence.

    We advise clients served with provisional or final orders, represent them in hearings, and help negotiate conditions that are fair and lawful.

  • If you’ve been served with an ADVO or APVO, you can contest it in court. The protected person must prove that they fear violence or harassment and that the order is necessary. We assess the allegations, prepare your defence, and represent you in hearings. In some cases, we negotiate undertakings or amended conditions that avoid a formal order. Contesting an order may protect your reputation, employment, and future legal standing.

  • Under NSW law, being subject to an ADVO or APVO automatically affects your firearms licence. The Firearms Registry will suspend or revoke your licence, and you may be prohibited from reapplying for five years. We advise clients on responding to Registry notices, appealing decisions, and negotiating conditions that minimise long-term impact. If you rely on your licence for work or sport, early legal advice is essential.

  • If you breach the conditions of an ADVO or APVO (such as contacting the protected person, attending restricted locations, or sending messages) you may be charged with a criminal offence. Penalties range from fines to imprisonment, especially for repeated breaches. We advise clients on defending breach charges, negotiating variations, and ensuring compliance with existing orders. Even unintentional breaches can have serious consequences.

  • An ADVO can impact family law proceedings, especially parenting orders. Courts may view the order as evidence of risk or conflict, which can affect custody and contact decisions. We help clients manage the overlap between criminal and family law, respond to allegations, and protect their parental rights. If you’re involved in both matters, coordinated legal strategy is essential.

Traffic Offences

  • If you’re stopped for suspected drink driving, remain calm and comply with police instructions. You’re required to take a roadside breath test. If you’re over the limit, you may be arrested and taken for further testing. Do not argue or offer explanations on the spot, anything you say may be used against you.

    We advise clients on their rights, assess the evidence, and represent them in court to minimise penalties or challenge the charge.

  • Licence disqualification can result from offences like drink driving, speeding over 45 km/h, driving while suspended, or dangerous driving.

    The court may impose mandatory or discretionary disqualification periods. We advocate for reduced penalties, argue for non-conviction outcomes where appropriate, and help clients apply for appeals or interlock programs. Losing your licence can affect employment and family life: early advice is essential.

  • An interlock order requires you to install an alcohol-detection device in your vehicle, which prevents it from starting if alcohol is detected. It’s mandatory for certain drink driving offences in NSW. The program allows you to regain conditional driving privileges while ensuring public safety. We advise on eligibility, court submissions, and compliance with the interlock scheme.

  • If your licence is suspended by Transport for NSW or the police, you may be able to appeal to the Local Court. Appeals must be filed within 28 days of notice. Success depends on your driving history, the nature of the offence, and the impact on your life. We prepare persuasive submissions, represent you in hearings, and advise on alternative options like good behaviour bonds.

  • Driving while suspended or disqualified is treated seriously by NSW courts. Penalties may include large fines, further licence disqualification, and even imprisonment, especially for repeat offenders.

    We assess the circumstances, negotiate with prosecutors, and advocate for leniency or alternative penalties. If you’ve been charged, seek legal advice immediately to protect your record and avoid escalation.

Firearms Offences

  • If you’re charged with a firearms offence, such as unauthorised possession, unsafe storage, or use of a prohibited weapon, it’s critical to get legal advice early. These offences often carry mandatory penalties and can affect your ability to hold a firearms licence in future. We assess the charge, review police evidence, and advise on defence options, including lawful excuse, licence status, and procedural errors. Early intervention can improve bail prospects and case outcomes.

  • In NSW, you can be charged with firearms possession even if you didn’t physically handle the weapon. If a firearm is found in your home, vehicle, or belongings, and you had control or access, you may be deemed to be in possession. Courts assess knowledge, intent, and control. We challenge possession allegations by examining evidence, ownership, and whether you had lawful authority or awareness.

  • Unauthorised possession of a firearm is a serious offence under the Firearms Act 1996 (NSW). Penalties vary based on whether the firearm is prohibited, whether it was loaded, and your criminal history. Maximum penalties can include up to 14 years imprisonment. We advocate for reduced charges, diversionary outcomes, and non-custodial sentences where appropriate. Sentencing depends on context, cooperation, and legal strategy.

  • Being charged with a firearms offence usually results in immediate suspension or cancellation of your firearms licence. The Firearms Registry may also refuse future applications. We advise clients on appealing licence decisions, responding to show cause notices, and negotiating conditional reinstatement where possible. If you rely on your licence for work or sport, early legal advice is essential.

  • Even if a firearm is registered to another person, you may face charges if you had unauthorised access, possession, or use. NSW law focuses on control and authority, not just ownership. We examine registration records, access arrangements, and whether you had lawful permission. In some cases, charges can be withdrawn or downgraded based on evidence and context.

Family Law

  • Parenting arrangements are guided by the principle of the child’s best interests. The court considers factors such as the child’s safety, emotional wellbeing, relationship with each parent, cultural background, and views (depending on age and maturity). Shared parental responsibility is common, but time spent with each parent depends on practicalities and risk factors. Before court, parties are expected to attempt mediation. We help clients negotiate parenting plans, attend family dispute resolution, and prepare for court if needed. In urgent or high-risk cases, we seek interim orders to protect the child immediately.

  • To apply for divorce in NSW, you must be separated for at least 12 months. The application is filed with the Federal Circuit and Family Court of Australia, either jointly or individually. If there are children under 18, the court requires evidence of proper arrangements for their care. Divorce itself doesn’t resolve property or parenting disputes, those are handled separately. We guide clients through the application, ensure all documents are correctly filed, and advise on related matters like spousal maintenance and superannuation splitting.

  • If your ex-partner refuses to negotiate or participate in mediation, you’re not stuck. You can apply to the Federal Circuit and Family Court of Australia for parenting orders. The court considers factors like the child’s safety, emotional wellbeing, and relationship with each parent. We guide you through the application process, help prepare affidavits, and represent you in interim and final hearings. In urgent cases, we can seek orders without notice to the other party.

  • If your ex-partner is failing to comply with parenting or financial orders, such as withholding time with children or refusing to transfer assets, you can apply to the court for enforcement. The court may issue penalties, vary the orders, or impose compensatory time. In serious cases, breaches may result in fines or changes to custody. We help document breaches, file enforcement applications, and advocate for swift resolution

  • If you plan to move (especially interstate or overseas) with a child subject to parenting arrangements, you must obtain the other parent’s consent or apply to the court. Relocation cases are complex and hinge on the child’s best interests, including continuity of relationships, education, and emotional wellbeing.

    Courts may prevent relocation if it disrupts the child’s stability or access to the other parent. We advise on relocation strategy, negotiate consent orders, and represent clients in contested applications.

Wills & Estates

  • If you pass away without a valid will, your assets are distributed according to the NSW intestacy rules. These laws follow a strict hierarchy: spouse, children, parents, siblings, and so on, which may not align with your personal relationships or intentions. This can lead to delays, disputes, and unintended outcomes. We help families navigate intestacy and advise individuals on creating clear, legally sound wills to avoid these issues.

  • In NSW, eligible persons (such as spouses, children, or dependents) can challenge a will under the Succession Act if they believe they’ve been unfairly excluded or inadequately provided for. Challenges may also arise due to concerns about the will’s validity, such as undue influence or lack of capacity. We assess your eligibility, advise on prospects, and represent clients in Family Provision claims and contested probate matters.

  • Your will should reflect your current relationships, assets, and intentions. We recommend reviewing it every 3–5 years, and especially after key events like marriage, divorce, the birth of children or grandchildren, acquiring property, or starting a business.

    Outdated wills can cause confusion or fail to protect your loved ones. We offer fixed-fee reviews and updates to ensure your estate plan remains current and enforceable.

  • Probate is a legal process where the Supreme Court confirms the validity of a will and authorises the executor to administer the estate. It’s usually required when the estate includes real property, significant bank accounts, or shares. Without probate, institutions may refuse to release assets. We prepare probate applications, liaise with the court, and guide executors through their duties with clarity and care.

  • You may appoint one or more executors to manage your estate. Joint executors share responsibility and must act together, while alternate executors step in if the primary executor is unable or unwilling. Choosing the right executor is critical. They must be trustworthy, organised, and capable of handling legal and financial tasks. We advise on executor selection and draft wills that clearly define roles and powers to avoid future disputes.

Trusts

  • A trust is a legal arrangement where a trustee holds and manages assets on behalf of beneficiaries. Trusts are used to protect wealth, manage succession, reduce tax exposure, and control how and when assets are distributed. Common types include discretionary trusts, testamentary trusts, and unit trusts. We advise on trust selection, draft trust deeds, and help clients structure their affairs to meet long-term goals

  • Discretionary trusts allow trustees to decide how income and capital are distributed among beneficiaries, offering flexibility and asset protection. Testamentary trusts are created by a will and come into effect after death, often used to protect inheritances for children or vulnerable beneficiaries. Each has distinct tax and control implications. We help clients choose the right structure based on family dynamics, asset profile, and estate planning goals.

  • Trusts can sometimes be varied, restructured, or wound up, but the process depends on the terms of the trust deed and applicable laws. Some changes require unanimous consent of beneficiaries or court approval. We review trust deeds, assess options for amendment or termination, and guide clients through compliance and tax consequences. Strategic restructuring may preserve benefits while adapting to new circumstances

  • The trustee controls the trust’s assets and decisions, so choosing the right person or entity is critical. You may appoint yourself, a trusted family member, or a corporate trustee. Each option has advantages and disadvantages.

    Individual trustees offer familiarity, while corporate trustees provide continuity and professionalism. We help clients assess risks, define trustee powers, and draft deeds that balance control with protection

  • Trusts offer tax planning opportunities, such as distributing income to beneficiaries in lower tax brackets or deferring capital gains. Testamentary trusts enjoy concessional treatment for minors. However, misuse or poor documentation can trigger penalties or audits.

    We ensure trusts are structured and administered correctly, with clear records and compliant distributions. Tax effectiveness depends on proper setup and ongoing management.

Civil Litigation

  • The first step is understanding your legal position. We review relevant documents, assess liability and risk, and advise on strategy. Often, we begin with a formal letter of demand, outlining your claim and giving the other party a chance to resolve the matter without court. If negotiation fails, we prepare for litigation with a clear roadmap. Early advice can save time, cost, and stress.

  • Civil matters can resolve quickly through negotiation or mediation, or take longer if they proceed to trial.

    Timelines depend on complexity, court availability, and the parties’ conduct. We provide realistic estimates, manage expectations, and push for early resolution where possible. If litigation is necessary, we prepare thoroughly and advocate strategically to minimise delay.

  • Strong evidence is critical. Depending on your case, this may include contracts, invoices, correspondence, photographs, expert reports, or witness statements. We help identify relevant material, ensure its admissibility, and present it clearly.

    Poorly organised or incomplete evidence can weaken your case. Early legal advice ensures your claim is supported from the outset.

  • In many civil cases, the successful party is awarded costs. However, this rarely covers 100% of your legal fees. Courts consider whether the claim was reasonable, whether offers to settle were made, and how each party conducted themselves.

    We advise on cost risks from the start and help structure offers and strategy to maximise recovery or minimise exposure.

  • If you’ve received a statement of claim or legal notice, don’t ignore it, deadlines apply.

    We review the allegations, assess your defences, and prepare a formal response. You may dispute the facts, raise legal arguments, or file a cross-claim. We represent defendants in all NSW courts and help resolve matters through negotiation, mediation, or trial. Early advice protects your rights and avoids default judgments.

Arbitration

  • Arbitration is a formal process where parties agree to resolve their dispute outside of court, with a neutral arbitrator making a binding decision. It’s often used in commercial, construction, and contractual matters. Unlike litigation, arbitration is private, typically faster, and allows parties to choose their decision-maker. We advise on arbitration clauses, represent clients in proceedings, and help enforce or challenge awards.

  • Arbitration is consensual. You can’t be forced into it unless you’ve signed a contract with an arbitration clause. We review agreements to assess enforceability, advise on your options, and help you respond strategically if arbitration is initiated. If you’re unsure whether you’re bound, get legal advice early.

  • Once an arbitrator makes a decision, it’s binding and enforceable under Australian law. You can’t simply appeal because you disagree with the outcome. We advise on enforcement, challenge awards where appropriate, and help clients navigate post-award strategy. Arbitration is final, so preparation matters

  • Arbitration timelines vary depending on complexity, number of parties, and procedural rules. Many matters resolve within months, not years. We help streamline the process, prepare persuasive submissions, and avoid unnecessary delays. Strategic preparation can make all the difference.

  • Arbitration is ideal for disputes where privacy, speed, and expertise matter. We handle commercial contract disputes, construction claims, partnership breakdowns, and cross-border matters. If your contract includes an arbitration clause, or you want to avoid court, this may be the right path.

  • Our arbitration practice spans NSW, other Australian states and territories, and international jurisdictions. Whether your matter involves a Sydney-based commercial dispute, a cross-border contract governed by international rules, or enforcement proceedings in another continent, we provide strategic advice and representation.

    We’re experienced in domestic arbitration under Australian law, and international matters governed by UNCITRAL, ICC, and other frameworks.

    If your dispute involves multiple jurisdictions, complex contracts, or foreign enforcement, we’re equipped to guide you through it.

Property Law

  • Before signing a contract to purchase property, it’s critical to have it reviewed by a lawyer. We check for hidden risks, unfair clauses, zoning issues, and compliance with NSW property law.

    Once signed, your options to renegotiate or withdraw may be limited. We advise on cooling-off rights, special conditions, and ensure your interests are protected from the outset.

  • In NSW, residential property buyers usually have a 5-business-day cooling-off period after signing a contract. During this time, you can withdraw for any reason, though a small penalty applies. However, this right can be waived or excluded, especially at auction.

    We confirm whether you have cooling-off rights, advise on timing, and help you make informed decisions before the period expires.

  • Joint tenancy means equal ownership with a right of survivorship: if one owner dies, the other automatically inherits.

    Tenancy in common allows owners to hold unequal shares and pass their interest through their estate.

    Choosing the right structure affects inheritance, tax, and control. We advise couples, families, and investors on the best ownership model for their goals.

  • A caveat is a warning on the title that someone claims an interest in the property, such as a financial stake or unresolved dispute. It can prevent registration of a sale or transfer. We investigate caveats, advise on removal or negotiation, and ensure your transaction proceeds smoothly. Selling with a caveat requires legal clearance and may delay settlement.

  • If a neighbour builds over your boundary (whether a fence, retaining wall, or structure) you may have a claim for encroachment.

    NSW law allows for compensation, removal, or negotiated adjustment. We assess survey plans, advise on your rights, and represent you in boundary disputes. Acting early can prevent escalation and protect your property’s value.

Becoming a Client

  • Just reach out, we’ll guide you through every step.

    You don’t need to have everything prepared. Whether it’s a court date, a legal concern, or a general enquiry, we start with a confidential consultation. From there, we assess your matter, explain your options, and outline next steps. We make the process clear, respectful, and efficient

  • Not necessarily, just tell us what’s going on.


    If you have documents, court papers, or correspondence, bring them, but if you’re unsure or overwhelmed, that’s okay. We’ll help you identify what’s relevant and request anything needed. The first step is simply having a conversation

  • Yes, your first contact is obligation-free.

    We offer initial consultations to assess your matter and explain how we can help. You’ll speak directly with a lawyer, not a call centre.

    We believe it is of the utmost importance for a client relationship to be built on mutual respect and mutual trust.

    If we’re the right fit, we’ll outline next steps and costs clearly. If not, we’ll point you in the right direction or to one of our trusted colleagues.

  • Often on the same day, especially for urgent matters.

    We prioritise urgent cases and offer fast turnaround for time-sensitive matters like court dates, ADVOs, and licence appeals.

    For complex matters, we’ll schedule a detailed intake and begin work promptly. Call us to check availability.

  • Never. We handle sensitive matters with clarity and care.

    Whether it’s a criminal charge, a family breakdown, or a personal dispute, we listen without judgment.

    We have seen it all throughout our time and can assure you that nothing shocks us.

    Our job is to protect your rights and guide you forward, not to criticise your past.

    You’ll be treated with respect, discretion, and professionalism.

Fees and Billing

  • It depends, but we’ll tell you upfront.

    Legal costs vary based on complexity, urgency, and scope. We offer fixed fees for some matters, and clear estimates for others.

    You’ll never be surprised by a bill, we explain costs before you commit and keep you informed throughout.

  • Yes, for some matters, including traffic, sentencing and drafting wills.

    Fixed fees provide clarity and control. Where appropriate, we offer fixed-fee packages for common matters like licence appeals, simple sentencing proceedings and drafting wills.

    For complex litigation, we provide detailed cost estimates and billing structures.

  • In some cases, yes.

    We understand that legal costs can be stressful. For eligible matters, we offer staged billing or payment plans. We’ll discuss options during your consultation and tailor a solution that works for your circumstances.

  • Yes, for full consultations, but we offer a short initial call at no cost.

    We’re a busy, boutique firm working on complex, high-stakes matters. To protect the quality of our work and ensure our time is reserved for genuine enquiries, we charge a standard hourly rate for full consultations.

    This includes onboarding, initial instructions, and setting up your file. That said, we offer a complimentary 20-minute phone or Teams call for prospective clients who want to briefly discuss their matter before committing. If you’re serious about moving forward, we’ll make sure your time—and ours—is well spent.

  • Yes, every invoice is itemised and explained.

    We provide detailed billing statements that show exactly what work was done, when, and why. If you ever have questions, we’re happy to walk you through it. Transparency is part of our commitment to professionalism.