FAQs

Information provided on these pages is to assist you in your decision making and not to be considered as legal advice. You should always discuss these items with the lawyer representing you.

What is Conveyancing?

Conveyancing is the transfer of legal title of property from one person to another, or the granting of an encumbrance such as a mortgage. A typical conveyancing transaction contains two major steps:

  • the exchange of contracts (whereby equitable title passes)
  • completion (whereby legal title passes)

A buyer of property must ensure that the seller is the owner, has the right to sell the property, and there is no factor which would impede a mortgage or re-sale. The role of a solicitor in a conveyance is to ensure that the buyer secures title to the land together with all the rights that run with the land, and is notified of any restrictions in advance of purchase.

I just got arrested. What should I do?

Call a lawyer and advise them of the nature of your arrest and they will be able to advise you what you need to do based on the seriousness of the situation.  In many cases there is not much that can be done at the time, unless you are held in custody, but seeking legal advice early and providing as much information as possible is essential to ensuring you get appropriate advice and legal representation.

I just bought a house. The real estate agent asked if I had a lawyer. What do I need a lawyer to do?

A lawyer is responsible for managing the conveyance of the property from the vendor to you to ensure that all legal requirements are met and lodging all required documentation. A lawyer will also review the contract to ensure you understand the conditions of the sale you are entering into.

I am owed a lot of money due to a business dispute. How do I know where I stand?

This will depend on whether the dispute is with a business partner, supplier or retailer.  In all cases your rights will be represented in the contract initiated by your relationship with the person or organisation that owes you the money.

Sometimes this contract might be a document you signed when you made the original deal or in other cases it might be an implied contract such as in a retail purchase (but fair trading laws will still apply).  If you have any paperwork relating to the purchase or transaction and any documents relating to a business relationship between you and the other party (such as a contract or agreement) then these should be provided to your lawyer so he can advise you on the appropriate action to be taken.

What should I wear to court?

It is always good to present yourself well in court. It can depend on which level of the court you are going to and the seriousness of the case. You do not need to wear a suit on every visit but even for a local court it is good to wear smart casual or professional attire and even get a haircut if long overdue. Clothing with slogans, comments or band names may be misunderstood and may not assist your case if you are a defendant, whether legally represented or otherwise.