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Litigation

LBH has extensive experience providing advice and representation in all civil jurisdictions, including the Supreme Court, District Court, Magistrates Court and the Federal Court, as well as other tribunals such as the State Administrative Tribunal.

LBH can provide advice and assistance in resolving disputes, negotiating settlements and preparing for Court or Tribunal appearances, in addition to accessing and engaging competent barristers with the skills relevant to each area of dispute.

We provide advice in respect of the following matters:

1. Australian Consumer Law

2. Corporations Law

3. Contractual disputes

4. Commercial disputes including debt recovery

5. Corporate governance and directors’ duties

6. Director, shareholder, unitholder, joint venture and partnership disputes

7. Employment law and disputes

8. Insolvency related matters

9. Banking and financial service disputes

10. Trustee and fiduciary duties

11. Building and construction disputes

12. Property and leasing disputes

13. Torts law, including professional negligence

14. Intellectual property disputes

15. Inheritance/ family provision claims

16. Alternative dispute resolution

Contact Steven Blyth, LBH Partner on sblyth@lbandh.com.au or Kristy Lewis, LBH Associate Lawyer on klewis@lbandh.com.au for more information.

We provide advice in respect of the following matters:

Employment Disputes

LBH can advise regarding unfair dismissal claims, redundancy entitlements and disputes as to employment entitlements and benefits.

Contact Steven Blyth, Partner LBH on sblyth@lbandh.com.au

Commercial Disputes

LBH advise concerning disputes as to the ownership or interests in land, issues as to contractual performance and entitlements to damages in the event of a contractual breach and general rights and remedies under contract law, including seeking injunctive relief from the Court when needed.

Contact Steven Blyth, Partner at LBH on sblyth@lbandh.com.au or Kristy Lewis at LBH on klewis@lbandh.com.au

Criminal Law

If a person is the subject of a criminal charge, LBH can provide all the guidance necessary in order to establish where they stand in the face of the law.

Having appeared in all criminal jurisdictions (Federal Court, Supreme Court, District Court and Magistrates Court) has allowed us to engage and access competent and highly skilled criminal barristers to conduct trials and provide firm and reasoned advice as to a proper plea (guilty or not guilty) and how a charge should generally be dealt with.

We provide advice and representation in respect of the following matters:

1. Violence and misconduct restraining orders

2. Assaults and violent offences

3. Bail applications

4. Commercial offences

5. Drug offences

6. Property offences

7. Sexual offences

8. Traffic offences

Contact Steven Blyth, LBH Partner on sblyth@lbandh.com.au for more information.

We provide advice in respect of the following matters:

Violence Restraining Orders

If you are a victim of violence, then you may need to seek a violence restraining order to protect you, your family or your property.

LBH will advise and assist as to whether you have grounds to apply for either a violence restraining order or misconduct restraining order.

LBH can also assist you to respond or defend such applications.

We can help you resolve such a dispute (including the giving and receiving of undertakings) and eliminate the need for court orders.

Contact Steven Blyth, Partner at LBH on sblyth@lbandh.com.au or Samantha D’Sliva at LBH on sdsilva@lbandh.com.au

Sentencing

Sentencing in criminal matters has become harsher in recent years. What appears to be low end criminal activity can result in the forfeiture of assets under crime confiscation laws particularly in relation to drug charges.

LBH has extensive experience with the wider ramifications of sentencing.

Contact Steven Blyth, Partner at LBH on sblyth@lbandh.com.au

Representation

LBH has been representing people in all Western Australian courts for over 30 years. These include

Magistrates Court

District Court

Supreme Court

High Court

Contact Steven Blyth, Partner at LBH on sblyth@lbandh.com.au

Contract

When it comes to contract law, we’ve got it covered. LBH can assist in securing a debt, evidencing a loan, transferring a property from a parent to a child or providing advice and otherwise, interpreting and preparing all manner of legal documentation in simple language.

Contact David Lewis, Partner at LBH on dlewis@lbandh.com.au

We provide advice in respect of the following matters:

Acknowledgement of Debt Agreements

Documenting the terms on which a party enters into a debt is essential to avoid uncertainty leading to a dispute and unnecessary legal costs.

Contact David Lewis, Partner at LBH on dlewis@lbandh.com.au

Family Law

With many years of experience, we provide a friendly environment and compassionate and reliable representation.

Property division, economic security, children’s issues, and spousal support are central concerns in any separation proceeding. We work closely with our clients to develop effective strategies to protect them and ensure they can maintain their standard of living after a separation is final.

We will serve as your strongest advocate and advisor, whether you are dealing with divorce, paternity, parenting arrangements, child support, a parenting plan or spousal support. Together, we will develop a strategy to successfully assert your rights, whether through litigation, mediation, or the collaborative law approach.

We have a long-standing history of engaging first rate family law barristers assisting us with issues to achieve the best possible result whilst minimising costs.

We provide advice in respect of the following matters:

1. Property settlements

2. Divorce applications

3. Spousal maintenance

4. Formalising agreements (including drafting consent orders)

5. Breach of family law orders

6. De facto relationships

7. Same sex relationships

8. Mediation of family disputes

9. Injunctions

10. Children matters

11. Locating your child taken out of the country

12. Changing a child’s name

13. Children’s passports

14. Recovery (return) of children

15. Moving with children

16. Child support

17. Parentage

18. Protecting assets

Contact Sue Holgate, LBH Partner on sholgate@lbandh.com.au for more information.

We provide advice in respect of the following matters:

Maintenance

Some people may only need a lump sum payment to help them restart their lives, while others may have sacrificed their careers for their family and need long term support.

LBH understands that every situation is different and that either the husband or the wife may have specific needs that dictate the most effective way of receiving financial support.

LBH takes the time to understand each situation then assist you get whatever it is to which you are entitled.

Contact Sue Holgate, Partner at LBH on sholgate@lbandh.com.au

Formalising Agreements

This is one of the most important areas of family law. One in which LBH places specific importance.

To formalise an agreement so it is binding to all parties you should consider Consent Orders.

Consent orders are formal orders made in the Family Court by agreement. Once these orders are drafted correctly and in place they binding on both parties for evermore.

There may be some tax benefits to having an agreement formalised in a Consent Order. Your LBH family lawyer can guide you through this process.

Contact Sue Holgate, Partner at LBH on sholgate@lbandh.com.au

Breach of Family Law Orders

The Family Court has significant power to enforce its orders. The range of options can often be complex. LBH is experienced in advising clients as to the appropriate options in pursuing satisfactory outcomes expeditiously.

Contact Sue Holgate, Partner at LBH on sholgate@lbandh.com.au

De Facto and Same Sex Relationships

In Western Australia, de facto relationships have been part of the family law since December 2002. LBH can advise you as to whether you are in fact in a de facto relationship.

De facto couples and those in same sex relationships are mostly provided with the same property and maintenance rights as married couples. The exception being the treatment of superannuation.

Contact Sue Holgate, Partner at LBH on sholgate@lbandh.com.au

Mediation

Many people dealing with a separation make the decision to use mediation to resolve issues regarding spousal maintenance, child support, parenting arrangements and division of property and all other issues of separation.

For those wishing to avoid costs of litigation and airing their private business in court, undertaking mediation may be a preferred solution.

When using mediation to resolve the vital issues around the separation process, you may better avoid the sometimes unpleasant consequences involved in contested proceedings.

LBH can provide you advice prior to, during and after mediation.

Contact Sue Holgate, Partner at LBH on sholgate@lbandh.com.au

Locating Your Child

If one parent has moved away with your child and you do not know where they have gone you have the option to apply to the Family Court for a Location Order.

A Location Order allows the Family Court to obtain information from independent third parties about where your child or other person lives.

LBH is a acutely aware of the deeply sensitive nature of issues and concerns with the sustained detachment between parent and child and have many years experience managing this often difficult and complex time with understanding and compassion

Contact Sue Holgate, Partner at LBH on sholgate@lbandh.com.au

Injunctions

An injunction is a Family Court order preventing someone from doing something such as disposing of assets or taking children away.

LBH will guide you through the process of determining whether you need an injunction and then ensuring that the Family Court has all it needs to be satisfied.

Contact Sue Holgate, Partner at LBH on sholgate@lbandh.com.au

Children Taken Out of the Country

If a child does not return from overseas after a holiday, or is taken away overseas, the Australian government has procedures in place to assist parents who are concerned about the safety and whereabouts of the child.

LBH understand and support you to determine as to whether you have rights under Hague Convention to which Australia and most other countries subscribe.

Contact Sue Holgate, Partner at LBH on sholgate@lbandh.com.au

Parentage

There are many ways of resolving disagreements regarding parentage.

LBH can advise you whether a presumption applies in your circumstance.

Other issues for consideration would include DNA testing, acknowledgement that you are the father or the Family Court making an order declaring you to be the father.

Contact Sue Holgate, Partner at LBH on sholgate@lbandh.com.au

Changing a Child’s Name

Usually both parents will need to consent to change a child’s name.

If agreement cannot be reached, the Family Court will determine whether it is in the child’s best interests to have their name changed.

LB&H can advise whether there is sufficient evidence to enable the Court to be persuaded that it is the child’s best interest to have their name changed.

Contact Sue Holgate, Partner at LBH on sholgate@lbandh.com.au

Children’s Passports

There are many possible scenarios concerning children’s passports many of which LBH have had substantial experience in managing. We understand this can often be a distressing situation and we will support you through to the very end.

Contact Sue Holgate, Partner at LBH on sholgate@lbandh.com.au

Recovery (Return) of Children

The Family Court can make orders for the return of a child to a person who is responsible for the child’s care or to the child’s usual residence.

You do not need to have an existing Family Court order to seek a recovery order.

When the situation is urgent, LBH can assist you to make your application. A matter may be considered urgent where, for example:

The child is at risk because of violence or substance abuse

The child is very young and still breastfeeding

The child is at risk of abduction

The child has never before spent time with the parent who has removed the child

The child has specific medical needs which are unlikely to be looked after by the other person

Contact Sue Holgate, Partner at LBH on sholgate@lbandh.com.au

Moving with Children

When parents separate one parent may make the decision to move to another state for career opportunity, remarriage, or many other reasons.

Relocating with a child is a complex process that can often be fraught with difficulty.

LBH assist parents involved in child relocation issues. Whether you are looking to move with your child, or you wish to object to the move, we provide legal advice and support.

Contact Sue Holgate, Partner at LBH on sholgate@lbandh.com.au

Child Support

Usually child support is determined by the Child Support Agency. However, you may wish to enter into an agreement outside the formula used by the Child Support Agency.

Parents can enter into their own arrangements. To be binding those arrangements need to be recorded in a formal agreement.

There are two types of Child Support Agreements and LBH is experienced in preparing both and will advise whether you need a Limited or Binding Child Support Agreement.

Contact Sue Holgate, Partner at LBH on sholgate@lbandh.com.au

Arrangements for the Children

The first priority in any separation is to protect the welfare of any children. Too often children become pawns, when in fact protecting both parents’ relationship with their children should be the primary objective in any separation.

We work closely with our clients to protect the interest of their children, while assuring, when appropriate, that both parents continue to play a role in their child’s life.

LBH have extensive experience negotiating issues involving the arrangements and time each parent should spend with the children.

Contact Sue Holgate, Partner at LBH on sholgate@lbandh.com.au

Binding Financial Agreements (Prenuptial)

Binding Financial Agreements (sometimes called a ‘prenuptial agreement’) can be entered into prior to, during or after a marriage or de facto relationship.

In a time when more people are entering into marriage later in life and many getting married for the second time, a binding financial agreement can be an important tool for protecting assets accumulated prior to the marriage.

LBH has vast experience drafting and reviewing binding financial agreements. These agreements can be made whether entering into a de facto relationship or contemplating marriage.

Contact Sue Holgate, Partner at LBH on sholgate@lbandh.com.au

Protecting Assets (see Injunctions)

If there is a risk of assets being sold or transferred, LBH can advise you about court proceedings to obtain restraining orders that prevent the sale or transfer of assets and to require full disclosure of assets.

Contact Sue Holgate, Partner at LBH on sholgate@lbandh.com.au

Dividing Property

After the breakdown of a marriage or de facto relationship, the division of property is critically important to the financial future of both parties. LBH recognise that asset and property division often plays a significant role in separation and needs to be resolved amicably.

For some parties, property division can be simple while for others it can be the most complex issue involved in separation.

Trying to determine the value of the matrimonial pool, what constitutes matrimonial property, and the value of closely held or family owned businesses can be difficult.

LBH is committed to helping people equitably resolve property settlement matters.

Often property division matters can be worked out through mediation, based on the needs of the parties. One party may want the house while the other may be concerned about protecting a business interest or superannuation.

If you can reach agreement LB&H can advise on the most appropriate and cost efficient means of formalising matters to ensure security for the future.

In some cases this will involve obtaining consent orders through the Family Court of Western Australia; in others it will be more appropriate to enter into a Financial Agreement.

Contact Sue Holgate, Partner at LBH on sholgate@lbandh.com.au

Divorce

Married couples need to apply for divorce to formally end their marriage. There is no formal requirement for de facto couples to end their relationship.

You cannot file an application for divorce less than two years from the date of your marriage, unless you also file a counselling certificate or you ask the Court for leave (special permission) to do so.

A divorce does not sort out issues relating to property or children, and you will need to make arrangements separately.

Contact Sue Holgate, Partner at LBH on sholgate@lbandh.com.au

Personal Injuries and Workers Compensation

Personal injury is a term used in the legal profession and refers to physical or psychological injury or harm. Psychological harm (or mental harm) is sometimes referred to as ‘nervous shock.’

There are specific legal rules about what kinds of injuries a person can claim damages for and strict time limits/requirements apply when making a personal injury claim.

Personal injuries can include those related to:

Motor vehicle accidents

Being a victim of a crime

The workplace, and/or

Other personal injuries

Contact Steven Blyth, Partner at LBH on sblyth@lbandh.com.au

We provide advice in respect of the following matters:

Medical Negligence

Medical negligence claims are subject to time limitations and in the event of serious injury or impairment and serious consequences, a common law claim for damages can be pursued.

LBH has considerable experience in this area can readily identify at an early stage whether a claim is worth pursuing or not.

LBH have long established contacts with medico-legal practitioners and specialists, who are independently able to assess the nature and degree of injury or impairment and advise whether a duty of care owed to a patient has been breached or not.

Such experience extends to poor surgical performance, misdiagnosis of an injury, illness or condition and failing to properly treat.

Contact Steven Blyth Partner, at LBH on sblyth@lbandh.com.au

Workers Compensation

Workers compensation claims involve both statutory workers compensation and collaterally, common law damages.

LBH has decades of experience representing many people pursuing such claims. In Western Australia, laws provide a ‘no liability’ scheme for employees who are injured during the course of their employment.

LBH expertise extends to such claims and entitlements.

Contact Steven Blyth, Partner at LBH on sblyth@lbandh.com.au

Motor Vehicle

The majority of personal injuries claims arise out of motor vehicle accidents and claims against the Insurance Commission of Western Australia (ICWA).

LBH has represented and pursued hundreds of such claims including ‘catastrophic’ claims.

The vast majority of claims are settled when injuries have stabilised and losses can be identified, without recourse to litigation. In such cases when liability is admitted by ICWA, the majority of the client’s legal fees are met by ICWA.

Contact Steven Blyth, Partner at LBH on sblyth@lbandh.com.au

Town Planning and Local Government

Steven Blyth has 25 years’ of expertise in advising on town planning and local government issues concerning local authorities.

We provide advice in respect of the following matters:

1. General town planning and local government issues advice

2. Prosecuting Town Planning and Local Government law breaches

3. Injunctions preventing ongoing breaches of Town Planning law and Local Government provisions

4. Town planning approvals

5. Dividing fence disputes

Contact Steven Blyth, LBH Partner on sblyth@lbandh.com.au for more information.

We provide advice in respect of the following matters:

Town Planning Approvals

Town Planning approvals often require collateral Deeds of Agreement. These set out enforceable obligations as a condition to planning approval. LBH are skilled in drawing such agreements.

Contact Steven Blyth, Partner at LBH on sblyth@lbandh.com.au

Dividing Fence Disputes

LBH has assisted many people resolve their dividing fence disputes. LBH have expertise in local law implications for dividing fence disputes.

Contact Steven Blyth, Partner at LBH on sblyth@lbandh.com.au

Estate Planning, Wills and Probate

Although commonly overlooked as a priority, estate planning and having a valid Will in place are essential.

We provide advice and drafting services in respect of the following matters:

1. Wills

2. Enduring Powers of Attorney

3. Enduring Powers of Guardianship

4. Advanced Health Directives

5. Succession planning (including advice in relation to testamentary trusts and superannuation)

6. Administration of Deceased Estates

7. Grant of Probate

8. Letters of Administration (where someone dies without a Will)

9. Survivorship applications

10. The effect of marriage and divorce on a Will

11. Inheritance claims

Contact Aaron Kitson, LBH Associate Lawyer on akitson@lbandh.com.au for more information.

We provide advice in respect of the following matters:

Survivorship Applications

A survivorship application transfers the interest of a deceased person to a jointly owned property to the survivor. LBH can complete a Survivorship Application carefully and efficiently.

Contact Aaron Kitson at LBH on akitson@lbandh.com.au

Enduring Power of Guardianship

It is important you now consider the circumstances where you may become unable to manage your lifestyle and treatment decisions you appoint someone you know and trust as your Enduring Guardian.

This should be contemplated by you well before the necessity arise.

Contact Aaron Kitson at LBH on akitson@lbandh.com.au

Enduring Powers of Attorney

An ‘Enduring Power of Attorney’ is a legal document and very different and entirely separate from your Will. This gives another person the authority to make financial and property decisions on your behalf.

This should be contemplated by you well before the necessity arises and LB&H can advise and manage this process for you.

Contact Aaron Kitson at LBH on akitson@lbandh.com.au

Advance Health Directives

An Advanced Health Directive is a document setting out your decisions about future medical or health care treatment.

LBH has many years experience in recommending and advising what should be included in this very important documents.

Contact Aaron Kitson at LBH on akitson@lbandh.com.au

Inheritance Act Applications

If you are a dependent of a person who has died and feel you have not received a fair share of the property under the estate you may be able to challenge the share.

LBH will assist in determining whether there is a claim against the estate.

Contact Aaron Kitson at LBH on akitson@lbandh.com.au

Administration of Deceased Estates

If you are an Executor or Administrator of an Estate, LBH can assist you by guiding you though this process and working with you to achieve the best result for everyone.

Contact Aaron Kitson at LBH on akitson@lbandh.com.au

If Someone You Know Dies Without a Will

If someone you know dies without leaving a Will or appointing an executor you will need to apply for Letters of Administration. LBH can assist you through this  process and minimise potential complication.

Contact Aaron Kitson at LBH on akitson@lbandh.com.au

Grant of Probate

Probate is the process of proving and registering the last Will of a deceased person in the Supreme Court. LBH can answer the following questions:

How do I know if probate is required?

How much are the probate fees?

How long does probate take to issue from the date of application?

How do I apply if there is no Will?

Contact Aaron Kitson at LBH on akitson@lbandh.com.au

Is the Will valid?

A will should always be drafted with a view of limiting the potential for claims or challenges.

LBH have many years of experience providing advice to give you protection from claims against your estate ensuring your Will is valid and up to date.

Contact Aaron Kitson at LBH on akitson@lbandh.com.au

Who Will Look After Your Children if You Die?

If you are the parent, you may wish to appoint someone to be the guardian of that child after your passing.

LBH will provide you with advice on the effectiveness of any provision and options in relation to your children.

Contact Aaron Kitson at LBH on akitson@lbandh.com.au

Effect of Divorce on your Will

If you are getting divorced you need to consider your existing Will as the Divorce may cancel your intended provisions.

In these circumstances LBH strongly recommended that your Will be updated as a priority.

Contact Aaron Kitson at LBH on akitson@lbandh.com.au

Effect of Marriage on a Will

If you marry after you have made your Will, your marriage invalidates your Will and LBH recommend you update your Will.

Contact Aaron Kitson at LBH on akitson@lbandh.com.au

Wills

A will is a legal document setting out who gets part or all of your property when you die. LBH will work with you to prepare a Will which best reflects your circumstances.

LBH have been helping clients for many years draft Wills where:

The estate is large

A business partnership, company or family trust is involved

Transfer of property other than the family home

Remarriage

Children from more than one relationship

People involved living  overseas

Property located overseas.

Contact Aaron Kitson of LBH on akitson@lbandh.com.au

Commercial and Business Law

LBH deals with a wide range of commercial arrangements for a diverse client base. We regularly advise clients on the structures and documentation required for a broad range of business arrangements.

Our advice is based on dealing with and understanding our clients commercial and business needs and providing that advice and documentation in a timely manner and at a cost effective price.

We provide advice in respect of the following matters:

1. General commercial advice

2. Drafting, negotiating and reviewing complex commercial agreements

3. Trusts

4. Sale and purchase of a business (large and small businesses)

5. Structuring arrangements for companies, trust and partnerships

6. Loan agreements

7. Shareholders agreements

8. Joint Venture and Partnership agreements

9. Buy and sell agreements

10. Distribution agreements

11. Franchising agreements

12. confidentiality agreements

13. Business planning and asset protection

14. Business succession and corporate governance

15. Personal property (including registrations and agreements)

16. Sale and acquisition of shares

17. Securing or recovering a debt

Contact David Lewis, LBH Partner on dlewis@lbandh.com.au for more information.

We provide advice in respect of the following matters:

General Commercial Advice

LBH can provide this advice on a range of commercial structures or ventures providing clients with knowledge, certainty and comfort.

Contact  David Lewis, Partner at LBH on dlewis@lbandh.com.au

Terms of Trade

When selling goods or services to the public it is essential that the public are made aware of the terms of which they buy the goods or on which the services are provided. LBH can draw Terms of Trade conditions relating to the sale of those goods or the provision of services.

Contact David Lewis, Partner at LBH on dlewis@lbandh.com.au

Declarations of Trust

The beneficial ownership of an asset or property may be different to the legal ownership. A Declaration of Trust document spells out the circumstances where beneficial ownership may be different to the legal ownership.

Contact David Lewis, Partner at LBH on dlewis@lbandh.com.au

Buy and Sell Agreements, Shareholders Agreements

A company is governed by its Constitution. A Constitution however does not in normal circumstances provide a comprehensive set of rules governing how shareholders deal with each other or how shares are sold between shareholders or to a third party.

A ‘Buy and Sell Agreement’ can specify all those arrangements in detail.

Contact David Lewis, Partner on dlewis@lbandh.com.au

Business Planning and Asset protection

Parties often fail to understand that assets that they may own could be at risk to creditors if those assets are owned in a structure or by a person who is engaged in trade or commerce which may be financially risky.

It is essential therefore that assets be kept in separate structures away from the entity which is engaged in those financially risky endeavours. LBH can advise you on trust structures or corporate structures which cater for this type of circumstance.

David Lewis, our senior partner, has been advising on these structures for many years.

Contact David Partner at LBH on dlewis@lbandh.com.au

Franchising Agreements

Franchising is and remains a popular structure for operating a business. The arrangement has however a range of complexities which need to be understood and addressed.

Contact David Lewis Partner at LBH on  dlewis@lbandh.com.au

Duty Issues Arising From Acquisitions of Property

Buying and selling of land and businesses and other assets can often attract duty under the Duties Act or have tax consequences particularly capital gains. Carefully structured documents drawn with a knowledge of duty and tax implications can reduce the risk of unexpected duty and tax at a later date.

Contact David Lewis Partner at LBH on dlewis@lbandh.com.au

Business Succession and Corporate Governance

The continuing management of a business or company from one group of owners or shareholders to another or from one generation to another should be documented to provide certainty for all parties concerned and to avoid ill will and disputes at a later date.

Documentation can be put in place to evidence all of the parties’ intentions on an ongoing basis so that the business or company can move forward with certainty.

Contact David Lewis, Partner at LBH on dlewis@lbandh.com.au

Personal Property

With the advent of the Personal Property Security legislation a new regime of personal property rights and remedies has been created.

It is essential in the buying and selling of personal property that the Buyer and Seller both have an understanding of their rights and remedies under the Personal Property Securities Act, and in particularly, how the Personal Property Security Register operates and the documentation that is required to register interests on the register.

Contact David Lewis, Partner at LBH on dlewis@lbandh.com.au

Structuring Arrangements for Companies, Trusts and Partnerships

It is often the case that companies, trusts or partnerships enter into arrangements with other entities. Those arrangements may be constituted by a partnership, a joint venture or some other arrangement. These arrangements must be documented.

Contact David Lewis, Partner at LBH on dlewis@lbandh.com.au

Negotiating and Drafting Complex Commercial Agreements

The sale of land or a business is relatively a straight forward transaction. Matters become more complex when a range of assets are being sold including land, businesses, personal property and shares.

In those circumstances more complex agreements are required to deal with each of the components of a sale and any continuing obligations of any party after the sale.

Contact David Lewis, Partner at LBH on dlewis@lbandh.com.au

Insolvency Aspects of Property Disputes

Property disputes can often arise as a consequence of financial stress or insolvency. It is essential that in those circumstances where property is to be sold or acquired that consideration is given to the provisions of the Bankruptcy Act and the Corporations Law relating to insolvency.

Contact David Lewis, Partner at LBH on dlewis@lbandh.com.au

Resolution of Partnership Disputes

In those circumstances where there is a partnership dispute and in the absence of any Court judgement then the parties will invariably enter into a Deed of Dissolution of Partnership or Deed of Agreement.

Those deeds must be carefully considered and carefully drawn to secure each parties rights and remedies so as to avoid further disputes.

Contact David Lewis, Partner at LBH on dlewis@lbandh.com.au

Sale and Acquisition of Shares

The ownership of shares provides the share owner a valuable property right. If shares have been bought and sold the terms and values of the sale and purchase must be recorded in writing.

Significant tax consequences follow if there is any confusion in relation to the value and date of acquisition.

Contact David Lewis, Partner at LBH on dlewis@lbandh.com.au

Joint Venture and Partnership Agreements

Joint Venture and Partnership arrangements appear straight forward particularly when things are going well. When things are not going so well then parties are left to try and work through their respective responsibilities and liabilities.

It is in these circumstances that a carefully crafted partnership or joint venture agreement is invaluable in eliminating misconceptions or confusion about each parties responsibilities to the other parties in the agreement.

Contact David Lewis, Partner at LBH on dlewis@lbandh.com.au

Sale of Goods and Distribution Arrangements

Where a party enters into an arrangement to sell or distribute goods for another relatively complex legal issues surrounding ownership of the goods and the respective parties risk for loss and damage are created.

A carefully drawn distribution agreement allocates rights of ownership risk and liability to the appropriate party again avoiding costly disputes.

Contact David Lewis, Partner at LBH on dlewis@lbandh.com.au

Employment Agreements, Employment Restraints and Confidentiality Agreements

In those circumstances where a person, company or trust is employing another person or entity then that employee or entity will become a party to the employers trade secrets.

It is essential in those circumstances that the employer be able to protect that valuable information by a properly drawn employment agreement with restraints and confidentiality provisions.

Contact David Lewis, Partner at LBH on dlewis@lbandh.com.au

Sale of Business Agreements for Both Large and Small Business

Arrangements for the sale of a business of any size should be documented. It is not only the case that disputes can be avoided by appropriate documentation but that the tax and duty consequences can also be minimised.

Contact David Lewis, Partner  at LBH on dlewis@lbandh.com.au

Loan Agreement

Failure to record terms in writing on which monies are loaned can lead to disputes and even on occasion between family members. This can be avoided by recording the terms of any loan advance in a loan agreement which can be simple or complex depending on the various circumstances.

The greatest source of legal disputes is the lack of documentation. For a comparatively low cost, a written contract can be prepared in simple language that ensures rights and obligations are recorded and liability not avoided.

Other contracts can be rapidly and efficiently prepared.

Contact David Lewis, Partner at LBH on dlewis@lbandh.com.au

Building and Construction Law

LBH has advised both commercial and residential builders, contractors, subcontractors and registered proprietors in relation to building contracts and building disputes.

We provide advice in respect of the following matters:

1. Contract drafting

2. Contract negotiations

3. Contract review

4. General contract advice

5. General advice in relation to building disputes

6. Dispute resolution, including representation in State Courts, Federal Courts and the State Administrative Tribunal, as well as at mediation, adjudication and arbitration

Contact David Lewis, LBH Partner on dlewis@lbandh.com.au for more information.

We provide advice in respect of the following matters:

Property, Leasing and Strata Titles

LBH has extensive experience in providing advice on property and leasing transactions.

We provide advice in respect of the following matters:

1. Sale and purchase of land (residential, commercial and rural)

2. Leasing arrangements (commercial, retail and rural)

3. Strata disputes and the Strata Titles Act

4. Residential settlements and conveyancing

5. Caveats, mortgages, easements and restrictive covenants

6. Personal Property Securities Act and sale of personal property

Contact David Lewis, LBH Partner on dlewis@lbandh.com.au for more information.

We provide advice in respect of the following matters:

Personal Property Securities and Sale of Personal Property

The Personal Property Securities Act 2009 (‘PPSA’) has completely changed the legal landscape in respect to the sale of personal property and all security interests defined in the Act.

A security interest includes a fixed charge, a floating charge, a chattel mortgage, a conditional sale agreement, a hire purchase agreement, a pledge, a consignment, an assignment, a transfer and other arrangements.

A failure to register an interest in personal property on the register can have significant far reaching effects for the person who has title or the security holder.

This is a process where legal advice should be taken. If you would like to book an appointment to discuss a legal matter, contact David Lewis, Partner at LBH on dlewis@lbandh.com.au

Commercial and Retail and Rural Leasing

LBH prepare Offers to Lease and Leases for all manner of properties including offices, warehouses, shops, farms and vacant land. The documents are tailored to clients’ needs and requirements.

Contact David Lewis, Partner at LBH on dlewis@lbandh.com.au

Settlement Agents for Either Buyer or Seller in the Sale of Land, Buildings or Businesses

LBH act for both Buyers and Sellers in all types of property transactions. Our fees are always competitive with settlement agents and clients then have the benefit of solicitors overseeing their settlement.

Contact David Lewis, Partner at LBH on dlewis@lbandh.com.au

Tenancy Agreements

Whilst there are a range of pro forma tenancy agreements available on the internet it is still advisable to have any tenancy agreement checked by a solicitor.

Contact David Lewis Partner at LBH on dlewis@lbandh.com.au

Sale and Purchase of Land, Residential, Commercial and Rural Property

Endless and very expensive legal disputes arise in those circumstances where sale agreements for land are not properly drawn. It is a false economy for clients or unqualified parties to prepare their own sale agreements.

LBH will prepare documents for you which will avoid later heart ache and expense.

Contact David Lewis, Partner at LBH on dlewis@lbandh.com.au

Traffic Offences

Maintaining a valid driver’s licence is imperative to many people.

LBH can maximise the prospects of a fair and reasonable outcome in your traffic matter, taking into account the circumstances of each individual.

We provide advice and representation in respect of the following matters:

1. Defending charges including drink driving, reckless driving and driving under suspension

2. The prospects of obtaining an extraordinary drivers licence and pursuing such an application

Contact Steven Blyth, LBH Partner on sblyth@lbandh.com.au for more information.

We provide advice in respect of the following matters:

Request a meeting with us

Call us on (08) 9364 9555

email reception@lbandh.com.au

or fill out the form below and we will be in touch.