Our Services
Purchase of Residential Property (including vacant land)
Wills and Powers of Attorney
Family Law - Property Issues
Commercial Matters
Personal Injury Litigation
Commercial Litigation
Mediation
Contracts
Employer/Employee Relations
Purchase of Residential Property (including vacant land)
The office assists clients to purchase and to sell domestic property. It will help in obtaining finance, communicate with Estate Agents and mortgagees and in general terms make the transaction and the move as simple and as trouble free as possible. In recent months the office has had to deal with difficult issues such as long forgotten caveats lodged over land by caveators who can no longer be traced; problems with a change of tenancy between the time of purchase of the property and settlement; large differences in the dimensions of land as shown on Title and as actually exists when a survey is done; easements that intrude into the property rather than skirt around the perimeter of the property. These are all matters that must be resolved before the completion of a transaction.
Wills and Powers of Attorney
Will
A Will operates on the death of the Testator (the person who made the Will). The Will must accurately reflect the wishes of the deceased so that his/ her assets will pass as directed in the Will. Many Estates benefit from the use of a Testamentary Trust. This document has tax savings. It can also preserve property in the situation where claims are made on beneficiaries by creditors or unhappy former spouses (to name two possibilities).
Financial Power of Attorney
A Financial Power of Attorney must be given to a person or persons whom the grantor of the power trusts completely. After all, the person with that power has the same rights as the grantor. That person could invest the grantor's money and then lose that money by foolish and speculative investment leaving the grantor in abject poverty. It is therefore important to choose wisely when selecting the appropriate person to become the Power of Attorney.
Medical Power of Attorney
A Medical Power of Attorney allows the grantor to select a person who will make medical decisions at a time when the grantor is medically incapable of making such decisions. That person is authorised to turn off life support systems in appropriate circumstances. It is important to speak to the person you are going to appoint beforehand. You should be sure that the person appointed will be able to make the extremely tough decisions that are necessary and will act in a way that you want.
Joseph Rose as Attorney
There are many situations where clients do not want or do not have a member of their family who will act as their Attorney. In those circumstances Joseph Rose may agree to act as the Power of Attorney. He provides the required expertise for each client. He ensures that the accounts kept on behalf of these clients are independently audited.
Probate
The role of the Executor in a Will is to act in accordance with the directions that have been given in that Will by the deceased. What if there is an ambiguity in the Will? What happens if some third party believes that he/she has been unfairly treated? Is the Executor entitled to a fee for the services rendered to the Estate? These and many other questions are regularly asked by Executors and beneficiaries. The answers always depend on the facts of the situation.
Family Law - Property Issues
In the unfortunate event that a client's marriage or de facto relationship ends then Rose Lawyers will advise about the division and distribution of family property to the best advantage of his client. There can be no specific formula for the division of property. Each case depends on its own fact situation.
Commercial Matters
New Business
Joseph Rose will advise on the purchase and sale of or on the establishment of a new business. These issues can be related to Health Department problems or town planning considerations which are affected by Council permits. There can be problems with leases (particularly the very complex shopping centre leases). There may be issues relating to the transfer of staff from the vendor of a business to the new purchaser. These are all problems which must be resolved before the sale or transfer of a business is finalised.
Business Structure
There may be problems with the type of structure for the business. Should the business be a partnership, a family trust or a company?
Leases
Some leases (particularly major shopping centre leases) can be more than 80 pages long and may contain complex conditions which may cause compliance difficulties. It is important that a new tenant is aware of the obligations contained in the lease. Other leases such as the copyright Law Institute or Real Estate Agents lease are not as complex. However, they contain issues which must be understood before the tenant enters into a new business.
Disclosure Statements
All retail leases require a Disclosure Statement to be given to the tenant before the lease is signed. The Disclosure Statement contains a lot of information about the premises to be leased. That information can include the size of the premises, rental, the manner in which rental will be increased, other payments that the tenant may have to make, situations where the landlord can force the tenant from the premises.
Mix of Tenancies in Shopping Complexes
The information is relevant and important to a tenant and is required to be known by the tenant before the lease is signed.
Personal Injury Litigation
The office is well served in personal injury matters and will advise you in all circumstances. What happens if you injure yourself while walking in the street? Do you have a claim if you fall over in a shopping centre? What are your rights in a work related injury situation or in a motor vehicle accident?
Commercial Litigation
What happens if your debtor cannot or will not pay debts owed to you? What is the situation if there is a contractual dispute? How should your Contract be interpreted? What happens if either an employer or an employee reneges on an employment contract?
Recommendations will be made as to the best way in which your dispute should be handled. You will receive up-front estimates of costs.
Mediation
Every effort is made to resolve a dispute by the use of the mediation process. This process can often resolve a dispute quickly and in a manner that is acceptable to the parties. Joseph Rose is a trained mediator and is willing to act in that capacity or as an adviser to one of the parties involved in a mediation.
Contracts
Is there a need for a written Contract between an employer and staff or between the business person and his customer; or between the business person and the supplier of stock or other products? If the nature of your business requires you to enter into different types of contract, do you need assistance to interpret the terms of that contract? For example, you may have signed a contract with a carrier. What will happen if that carrier loses your goods during transit? These are issues on which Joseph Rose regularly gives advice.
Employer/Employee Relations
What will happen if a trusted senior employee is 'head-hunted' to a competing business? What if that employee starts his/her own business in competition with your own? Is there a need for a written Contract between yourself and your staff/employees? Does your contract include unambiguous and clear provisions relating to such items as salary and working conditions? What happens with accumulated sick leave? These matters are all important and should be discussed with Joseph Rose.