Have questions?

Below are answers to commonly asked questions we receive here at Michael Daly Solicitor & Conveyancer.

Appointments

Yes, you can make an appointment with our friendly staff for the appointment type which best meets your needs – in office, via telephone, Zoom or home/hospital visit

Conveyancing

Prior to listing your property with a Real Estate Agent, as the vendor, you must have a Contract for the Sale of Land prepared which includes zoning certificates, drainage diagrams and title searches.

At Michael Daly Solicitors you have the best of both worlds. Michael has the experience and broad legal knowledge of 40 years of conveyancing and leasing. He knows the legal intricacies of buying and selling residential (including retirement villages) and commercial property. He explains the contract and the implications of the contract including zoning, easements and special conditions and he can request amendments to contentious terms in the contract.
His knowledge of the law and experience over many years in law can help prevent potential problems e.g. pitfalls of parents being guarantor for children.
You will be very ably assisted by an experienced licensed conveyancer and conveyancing officer whilst Michael maintains oversight of the entire matter.
Property Exchange Australia (PEXA) is a computer software system on which all property settlements are conducted. It is an Electronic Lodgement Network (ELN), i.e. a national online system providing for preparation of electronic dealings and payment settlements in property transactions.

Stamp duty is a state tax on property transactions that buyers MUST pay when buying a home.

A professional pre-purchase building and pest inspection can reveal structural damage, hidden building defects and infestations such as termites or mould, or water damage. These inspections can be arranged by Michael and his team or buyers can arrange these themselves. Having a pre-purchase inspection may result in a decision not to proceed with a purchase due to the cost of potential repairs or help negotiate a fairer price for the property.

Our conveyancing services include:

  • Organise your pre-purchase inspections including building and pest inspections and strata inspection reports when purchasing a home unit
  • Negotiate the terms of the contract prior to exchange
  • Assist you in understanding the contract
  • Access any government assistance or concessions available to you such as First Home Buyer assistance schemes
  • Protect your rights as ‘the buyer’
  • Understand your financial approval
  • Be aware of all the expenses related to your purchase
  • Attend to the requirements of your lender/mortgagee and explain the loan and mortgage to you
  • Attend the Settlement of your contract
  • Advise you on any Capital Gains Tax or GST implications that may be applicable

Estate Planning

Anyone over 18 should have a will. Even those without large assets generally have bank accounts, superannuation, a car and personal effects. Wills should be updated with any significant life change e.g. marriage, divorce, purchase of property and having children.

You need to consider:

  • who you would like to act as executor. The executor is the person who will see that your wishes as written in the will, are carried out
  • who will be guardian of any minor children
  • what goods or gifts and money you would like to leave and to whom
  • who will receive the remainder of your assets
  • your wishes in relation to funeral arrangements

Power of Attorney is the legal authority for someone else to conduct your financial and legal affairs.

Enduring Guardianship is the appointment of another person to make health and lifestyle decisions on your behalf if you are unable to do this for yourself.

What might be part of your Estate?

Items such as your home and other real estate, bank accounts, shares, motor vehicles and other personal goods, superannuation and in some cases the proceedws of insurance policies can all form part of your Estate.

Family Law

Consult a solicitor who will advise you of the steps required to obtain a divorce, seek custody of children, and achieve a fair settlement of property.

All assets, including superannuation, of each party in the marriage or relationship form the “asset pool”.
Each situation is different, but consideration is given to the contribution towards the creation and improvement of assets by each party. The earning capacity of each party and obligations to care for children are also contributing factors in the division of the asset pool.

Negotiations can commence as soon as the marriage or relationship has broken down.

  • Child support and rights
  • Property settlements
  • De-facto disputes
  • Binding financial agreements
  • Divorce proceedings

Public Notary

A Public Notary can certify the authenticity of documents which need to be used outside the Commonwealth of Australia e.g. Power of Attorney given to a relative living overseas to act for a person in Australia or certifying Australian academic qualifications for use overseas.

Do you have another enquiry? We welcome your call.

For professional advice and assistance in Estate Planning, speak with our friendly team.

TESTIMONIALS

Property Purchase
Michael Daly went above and beyond to make sure everything ran smoothly and rescued me from my own ignorance. A true champion! Thank you so much.
Simone Day

Our thanks to you and your supportive staff for your tireless efforts in assisting us through this difficult time.

Wright family

Michael has been my family Solicitor for 30 years. My family and I have used his services in a number of ways – Sale and purchase of properties; Purchase and sale of businesses; Preparation of Wills and Powers of Attorney; Successful recovery of unpaid monies on sale of a car by a family member. I have always found Michael to be very thorough, knowledgeable and very comfortable to deal with. I highly value the services he continues to provide.

C. Barlow