Skip to main content
All Posts By

Stuart Bell

Nov 23
From Little Things

From Little Things

By Article, Property Conveyancing

Out of over 2,500 law firms in the State of Queensland, about 1,200 utilise PEXA, an online settlement platform for property transactions. PD Law now ranks in the top 100 in the State for volume of successful transactions completed under PEXA’s electronic property settlements system, and the top 300 nationally.

“I am so delighted and proud of our team, but I’m actually not surprised” Mel Cox, CEO, director, and co-founder of PD Law said.

“From day one we’ve listened to all stakeholders – buyers, sellers, and agents – and set out to develop a very strong legal project management system.  No matter what the business, if customers continue to get great service and great results, hard work pays off for a business. The results come eventually.”

PD Law, now a full-service general practice law firm, took on its first conveyance in 2007. “We were virtually a start-up then, with [co-founder and director] Stuart and I being the only staff, after having concentrated purely on property development in years prior. We had to get across the law and be smart with time and resources, which meant we needed immediate technology leverage. Back in those days law firms were still doing many conveyancing related tasks manually, like writing to local councils to request searches, and paying for services by cheque. I remember wondering why lawyers back then were doing things manually and if there was a better way, as there were massive efficiencies to be gained if things were done differently. We decided to go all in on some very early tech (to obtain searches electronically) and, frightening as was back then to go down a different path from traditional firms, it paid off. Clients benefitted immediately. It felt like a real breakthrough.”

The conveyancing division in PD Law boasts about 10 full time staff, overseen by manager Bernie Gunders. Through her leadership, grace under pressure and unwavering work ethic, Bernie has ‘steered the ship’ for the last 10 years. “Some of the biggest differentials are our dedication to ongoing training, service iteration and client care. I’ve worked in different firms over the years, as have others within our team, and the constant theme is that we’re thorough. Although it’s a challenge to be committed to change, it’s why we find ourselves receiving this kind of recognition. It’s also very rewarding that we’ve got repeat clients who use us for buying and selling property throughout Queensland”.

Dec 19
Body Corporate Lawyers Cannonvale & Bowen

Spiralling Body Corporate Levies – Proactive or Reactive?

By Article, Commercial & Business

It’s no secret that many people buy into community title developments without necessarily appreciating all of their costs. On top of this, catastrophic weather events such as cyclones and floods have resulted in staggering increases in insurance costs, described as ranging from substantial to outright unviable.

It’s also no secret that some lot owners will … not may … struggle with payment of increased levies. Armed with this inevitability, it’s crucial that bodies corporate face this nacent problem head on practively to avoid their own catastrophes.

Debt collection should not be the first lever to pull, and frankly, going through the stock warning letters is not always going to yield favourable results. We’ve seen it have the opposite effecrt, driving those owners already on the edge further into denial territory.  

Instead, proactive committees have an opportunity to be actively inviting lot owners who may struggle with increased levies to discuss alternative payment plans to try to avoid unnecessary legal cost. It may involve an extra step or two by way of extraordinary meetings but the alternative is legal spend and we know who wins…

Although some circumstances may require immediate and urgent action, as a general rule internal management avenues should be completely wrung out before pressing the legal action button. A second and very important benefit in doing this will bolster the body corporate’s position that its recovery costs are reasonably incurred.

If we can help, give us a call, even just to clarify options. We don’t just move straight to debt recovery action – we’ll try to find a plan B with you first.

To make an inquiry or book an appointment, phone 4946 6670 or book online 24/7.

For further information go to www.pdlaw.com.au/family-lawyers or email enuiry@pdlaw.com.au

Mar 21
flood insurance

Cyclone Debbie – A Year on

By General, Article

Although usually over in hours, the havoc a cyclone wreaks on small businesses can only be truly understood in retrospect. Here’s a brief account of our experience.

Sunday 26th March

As TC Debbie weaves towards the Whitsunday coast, the Region’s disaster response committee orders a mandatory evacuation of certain areas, including our office, located on the usually idyllic beach front at Cannonvale, Whitsunday.

That order alone robs us of tomorrow, and almost 100 hours’ working time. The cyclone isn’t due for 36 hours.

Monday 27th March

Our team of 11 is reduced to the two owners with everything to lose, after we send home two senior staffers who appear to help despite the evacuation order. Waiting for us are the usual client meetings, deadlines, mentions, settlements, critical dates, urgent emails and calls. Conscious that power and internet connectivity will be gone for who knows how long, we set to work on:

  • re-routing and auto-responders for emails, main line and individual phone lines, web and social media updates;
  • off-site data backups;
  • some urgent, important and unavoidable work; and
  • dousing countless other transactional deadline flames,

until the now hourly meteorology updates of TC Debbie’s looming arrival can be ignored no longer.

It’s very confronting to disconnect every computer, server and auto fax/scanner/copier (without tech assist) and relocate them to the strong room, watching deadlines pass by the hour and hearing phones ring off the hook. We’re dismantling and unplugging our livelihood while it’s running white hot, hoping it will be there when we return. We take some keep sake photos.

Tuesday 29th March

TC Debbie arrives. All essential services are down.

Wednesday 29th March

We find our office intact, less some roof iron, flashing and essential services. Carpet and floor coverings are soaked, plasterboard and ceilings damaged from roof leaks and door seals which had yielded to 18 hours of torrential rain driven by 260kmh winds. We’re relieved though. Some homes and business premises don’t have rooves, or walls.

Thursday 30th March

Office has now been closed for 3 working days.

Family and friends meet to start the clean-up. It’s hot, dark, wet, hard work but we toil to a stand- still ripping out ruined fitout.

Mobile reception is patchy, and phones can only be charged in the car (or the home generator if you have one, and fuel to run it – no service stations have power). We fluke a call to the local waste management boss and get a skip bin delivered so we can load our ruined fitout. We fluke another to a seller of generators and are promised a couple to get the office going – arriving any day we’re told.

Of course we need an electrician to safely wire them. Electricians reach demigod status locally.

Friday 31st – Sunday 2nd April

Colleagues unaware of our plight are told via diverted mobiles, and express concern and understanding.

The perspiring continues as does the bonus weight loss. Buckets of sea water from the beach and then fresh water from a nearby swollen creek are carried to wash debris covered windows, mop and re-mop reception, and to slosh out detritus throughout the office.

We panic about re-opening, and after half daily updates the generators arrive Sunday. Our saintly electrician works hard to let there be light and power. Sunday is spent re-connecting things that should never have been disconnected and they all miraculously come to life when we throw the now safe electrical switches.

Relatively speaking things look great.

Some other good news – we’re apparently on the ‘emergency services’ NBN node and so our internet and phones are back online early. Nodes only have a few days’ battery power before shutting down. Noted.

Monday 3rd April

We open. The office is an industrial shed: concrete floors, missing plasterboard and no air conditioning. A dozen pedestal fans shunt damp air about the office. Front and back doors are jammed open. Still no power or water. Everyone’s tired. Workstations, servers, networks and phone service are powered down every four hours to allow for generator re-fuelling. The work environment’s tough and home is no sanctuary either.

Damage control – literally dozens of transactional deadlines have passed. Other clients’ urgent matters have slipped and some golden opportunities evaporated. Every matter has collateral damage we need to fix. People are glad we’re back online, but want action and are frankly tired of waiting. Who cares that we have a makeshift office and are down approximately 600 working hours. Empathy has gone with the wind and the 24 hour news cycle.

We divert our tightening funds to market re-opening, and our limited time to deal with brokers, insurers, builders and assessors.

Post script

We could regale with war stories but that’s not the point. In all, we were without mains power and safe, running water for about 10 days, and a regular postal service for about 2 weeks.

So what’s Plan B?

No-one escapes natural disasters unaffected, and if it’s not a cyclone it’ll be something else.  Assume your time will come.

  • Check connectivity and NBN especially if on VOIP phones;
  • get a generator and an electrician now;
  • take pics of damage for insurer but get moving on your own clean up – there’s no cavalry;
  • Set and re-set client expectations – lost hours don’t come back;
  • Check insurance – especially business interruption and fit out, ask your insurer to appoint a claims preparer;
  • Check lease – especially rental abatement;
  • Watch cash flow – a couple of weeks lost/delayed receipts will hurt;
  • Back up all data – assume you’ll lose everything in its current format;
  • Watch your team – everyone copes differently; and
  • Encourage resilience.

Cheers from the team at PD Law

Mar 12
asset protection

Setting up a Company

By Commercial & Business, Article

 

I’ve set up a company to own and run my business, and my partner and I will be directors. Are your personal assets safe? Just a yes or no answer, please.

How about yes AND no? The logic is that the company is the entity that opens accounts, signs leases, does deals, performs services etc, so that if things ever go horribly wrong, the company gets sued and takes the hit, not the people behind it (the directors and shareholders).

Shareholders’ liability is always limited to the value of the shares they own in the company, no matter how spectacular the collapse (that’s what ‘limited’ means in a proprietary limited company context).

It’s a little different (ah, worse) for company directors. The default position is that when said catastrophe hits, creditors still can’t directly get to directors’ personal assets. In legal parlance, this is called the corporate veil, and it offers directors some asset protection comfort.

But alas, that veil is a little flimsy, and here’s the rub:  if directors have knowingly traded insolvently, or acted fraudulently, up comes the veil and all bets are off – directors’ assets are fair game. Although no-one sets out to trade insolvently or be a fraudster, there are also literally hundreds of pieces of legislation that hold directors personally liable for breaches of their provisions by the company – these range from personal liability for company tax obligations, work health and safety obligations through to criminal offences. Some statutory fines are massive. Personal liability equals risking personal assets.

Bottom line?

Yes, company structures offer directors some protection, but they don’t give you a licence to trade worry free. So be careful with your assets and what kind of liability you’re taking on, and take some advice on what options are available based on your circumstances. And NEVER act as a director as a favour of someone unless you know what you’re doing. If you’d like to know more take a look at our business guide.

 

Dec 19
business lawyers

Minimising Risk – Who owns what?

By Commercial & Business, Article

The old work van had been used in the business for years, as had the office manager, who’d recently retired after a 9-year stint running the place for you. The handover to her replacement looked ok from where you stood.

The new manager proved competent and, after 3 months appeared to have things under control, and you could go back to high level management only. And golf. (And so you should. It’s only taken 20 + years to get all the usual debt under control).

Your apprentice was in his final year at TAFE, and had become a valuable team member. Lately however, you had to speak to him a couple of times about running late. No big deal.

Last Thursday afternoon at golf you get a call from the police. Your apprentice ran a stop signal, colliding with a new 4wd ute towing a power boat. The police confirm no-one was injured, and your wave of panic subsides. You arrange to have the written off van collected from the police station.

Later that day your phone rings again, this time from the other driver. Evidently his ute was a wreck and the boat also a write off. He was unhappy. You apologize, and confirm you’ll get your insurer’s details across to him in the morning.

On Friday morning you ask the office manager to pull up the van’s insurance details. 30 minutes later she walks into your room holding registration papers but has no knowledge of renewing any insurance policy during her time. You call your former manager who ‘can’t recall, sorry’.

The following Monday you receive an email from the ute owner’s insurer confirming both ute ($90,000) and powerboat ($60,000) are written off, and that they’ll be in touch. Panic returns.

On Tuesday morning your lawyer tells you you’re on the firing line, despite your 19-year-old employee being the driver. You explain your business is owned by the family company, which also owns the work premises, unencumbered. Your lawyer tells you the best course is to settle ASAP to avoid more cost.

On Wednesday you meet your bank, and a real estate agent to sell your business premises. You cancel the next 3 months’ orders.

The lesson 

With a little forward planning, exposure to risks like these can be greatly reduced.  Talk to one of our business lawyers so you’re at least informed of what you might be risking every day, so you can decide if it’s worthwhile taking any steps to minimise your exposure to risk.

Nov 08
conveyancing

Didn’t pay the deposit on time? All could be lost

By Article, Property Conveyancing

All too often we see buyers a little tardy in paying the deposit, resulting in a technical breach of the contract. Most lawyers and agents don’t get too concerned as buyer and seller are keen to proceed and 9 times out of 10 its paid and people get on with the deal.

Sometimes, things don’t go so well. Here’s a brief set of hypothetical facts to explain the real teeth in the contract.

The facts

Through his agent, Donald Slump entered into a contract to sell his house to Malcolm Turnstile for $1 million on a 30 day contract, 10% deposit payable within 2 working days of contract date, subject to finance and pest and building within 14 days.

Turnstile was a little slow out of the blocks and by business day 3, the deposit had still not been paid. Bill Shortbread, also keen to buy, made an offer through a rival agency to buy for $1.1 million and otherwise identical terms.

On the morning of day 3, Slump’s lawyers, noting the lack of deposit, wrote to Turnstile’s lawyers demanding immediate payment of the deposit, and reserving Slump’s rights (Turnstile was now in breach of contract, entitling Slump to terminate). The first agent was copied in. Turnstile’s lawyers hadn’t received a copy of the contract by this stage, and playing catch up, only managed to call and leave a message with Turnstile to call them back at around 2PM that day.

Meanwhile, the first agent, understandably furious, called Turnstile at around 10:30 AM that day, leaning on him to pay the deposit ASAP or the deal would be lost. Turnstile, also irritated at Shortbread’s actions, immediately arranged for an EFT payment into Slump’s lawyer’s trust account for the $100,000 deposit.

Everyone breathed a sigh of relief.

The next morning Slump’s lawyers gave notice of termination of contract and forfeiture of the $100,000 deposit for breach of contract, being Turnstile’s failure to pay the deposit on time. They then immediately arranged for Slump to enter into another contract with Shortbread for $1.1m.

Turnstile’s lawyers threatened Armageddon but they knew the fight was lost.

The lesson 

Failure to pay the deposit on time will not be cured by a late payment (unless the Seller agrees to waive their rights).

As the market starts warming up, we’ll probably see more buyers doing this. So set your buyer’s expectations on the deposit and get it into trust asap, and ensure the buyer’s lawyers are aware of what is going on as there may be other options available to the buyer to keep the deal alive or better protect their position.

Apr 12
Getting the back yard in order (literally)

Getting the back yard in order (literally)

By Commercial & Business, Article

Claiming on your Insurance

Mentioning how devastating TC Debbie was is wasting your time, but getting motivated now to re-start is not. Apart from the tangible benefits of getting an insurance claim processed, it’s just good to be pro-active: feeling like the wheels are starting to turn again is the polar opposite of the soul destroying events of the last couple of weeks.

With that in mind, here’s a brief hit list to get you busy:

  1. Make the call now – most insurance policies compel you to make contact just as soon as possible after suffering loss. Contact should be made immediately by phone and followed up by email or letter. When talking to your insurer or your broker, if you’re not sure of the extent of the damage you’ve suffered, let them know that you might need to amend your claim as you make your way through the damage you’ve suffered. At the same time, ask them exactly what steps you need to follow to make a proper claim (eg phone and in writing).
  2. Gather your evidence – charge up the phone and take photos, lots of them, and check with your insurer what you can and cannot toss out;
  3. Mitigate your loss – under your policy, you’re compelled to take all reasonable steps to mitigate or reduce your exposure to loss. For example, toss out all perishables and don’t let them do more damage sitting there rotting away, and keep undercover where possible any valuables you still have. Tie down or arrange to be taken away any loose roofing iron and other building material which may result in injury or more property damage.
  4. Work out your numbers – some insurers will appoint a loss assessor to assess your claim, others will ask for quotes. In the latter case, get busy on your phone and call for some quotes. Just as soon as you can get that information in, get it to your insurer. Keep in mind that exaggerated claims are often doomed to fail (and can possibly be a breach of a condition of your insurance). Our recommendation is to take a realistic and honest approach, and avoid a protracted, costly and emotionally draining dispute.
  5. Get an answer – at this point you should be able to get some clarity from your insurer that you’re covered, and also that they accept (or not) the amount you’re claiming.
  6. Disputes – if the insurer rejects the claim or disputes the amount, then discuss with your broker (or the insurer direct if there is no broker) the next step in the review and dispute resolution process. It’s vital at this stage to ensure that any discussions and meetings you have with your insurer are on a without prejudice basis (this is a fancy legal way of saying that any discussions or meetings that you have are not to affect your legal rights if you do have to proceed to court). It’s more than likely at this point if you are able to reach a settlement with your insurer, that you will be asked to enter into some kind of settlement or release agreement. At this point you should really talk to your lawyer to make sure that what you’ve agreed to is what’s reflected in the document.

There’s nothing easy about this: loss or damage to our home and personal effects has a lasting and overwhelming impact on us all. What’s important is to start taking steps to get back on the road to recovery.

Good luck. Get on to it.

 

Apr 05
PD Law are Open for Business after the Cyclone!

PD Law are Open for Business after the Cyclone!             

By Article, Latest News

Replete with generators, concrete floors and a squadron of pedestal fans, we’re pleased to confirm we opened up for business again on Monday.

This would not have been possible without the fantastic support of some local businesses (in particular Reef Electrical for making lights and computers work, and Cannonvale Marine for locating and supplying those ever elusive generators), and of course the team here at PD Law.

Many of our clients are in the process of buying and selling homes, inubusinesses, and other transactions which may have been affected by the cyclone, and we’re happy to confirm that we’re working hard on protecting your rights. Many contracts have built in mechanisms which can assist in getting things back on track in an orderly fashion, and other transactions have implied rights and obligations, and we’ll ensure that these mechanisms are utilised to assist where possible. We’re also working daily with insurers, brokers, and banks to get matters back on track just as soon as we can.

Regardless of the issue, if you have any urgent legal queries or concerns following the devastating impact of Cyclone Debbie, just give us a call and we can help. Call the PD Law office on 4946 6670 to discuss or book an appointment online at any time, on our website wwww.pdlaw.com.au

 

Mar 24

Risky Business – Cyclones, Insurance embargos and nervous buyers

By Article, Property Conveyancing

Background

When cyclones are looming (an active system is being followed by the Bureau of Meteorology) some insurers have previously found the risk of insuring properties too great to accept during this time.

If insurers refuse cover, buyers may be inclined to terminate their contracts under the cooling off period until the weather system abates. The risk here, of course, is that the parties may be reluctant to commit again, or may have a change of heart, or may find an alternative property/offer more attractive. In short, the deal could be off because of a short term weather pattern.

“… the deal could be off because of a short term weather pattern…”

What The Contract Says

Clause 8.1 of the REIQ contract for both house and land sales and CTS lot sales provides that “the Property is at the Buyer’s risk from 5 PM on the first Business Day after the Contract Date.”

So, if for example, the garage attached to a house, or a part of the house is damaged as a result of cyclonic winds during the course of the contract, the buyer will still be required to complete the contract and pay the full purchase price notwithstanding the resultant damage. No set-off is allowed, and it is unlikely a seller would be prepared to make a claim on their own insurance and face higher premiums in years to come as a result.

There are limited exceptions, entitling a buyer to terminate where the dwelling is destroyed or damaged so that it is unfit for occupation as a dwelling, but of course, these exceptions are not something that parties can rely on it as no one knows what kind of damage will be occasioned prior to the cyclone’s arrival.

Solution

We recommend a simple condition, like the one below, be inserted into all contracts while active systems are present to alleviate any concerns the parties might have.

The benefits are numerous:

  • Buyers ought not be concerned about their risk profile, given that most insurers will lift their embargo and insure once the system has passed;
  • Sellers ought not be bothered as no prudent seller would cancel their insurance until after settlement passes anyway;
  • Agents who have worked hard to conclude a deal can avoid it falling over

See the condition here:

Risk

Notwithstanding the Terms of Contract, the parties agree that the Property shall remain at the Seller’s risk until Settlement.

Mar 23

Conveyancing – Take the stress out of buying or selling property – do E-Conveyancing with PD LAW

By Article, Property Conveyancing

Anyone who has brought or sold property before will be familiar with the endless stream of paperwork involved in that transaction, along with having to track down a qualified person to witness signatures on various legal documents. E-Conveyancing is now available at PD Law using the PEXA online platform. PEXA reduces the risk of errors and delays giving you greater certainty of a successful and on-time settlement, which is especially important when you are trying to book in your removal company and sort out your days off to move. E-Conveyancing is easier for you and PD Law as manual paperwork is replaced by electronic transactions with banks and the other sides lawyers.

Price is important in any transaction. Equally as important is the adage you get what you pay for. We don’t hold ourselves out to be the cheapest provider of legal services, but nor are we the most expensive. What we do hold ourselves out to be is very good at our job, practical, and responsive. You’ll also know exactly what it will cost you. To this end PD Law offers “fixed fee” Conveyancing, which means you can stop worrying about the cost of making a phone call or how may emails, faxes or phone calls we have to make for the duration of your sale or purchase. Whatever we quote up front is what we charge (for a standard conveyance). A review of your contract, before you sign, is also included in your fees – so you can be sure of your legal obligations before finalising anything.

Book an appointment online at any time visit our website www.pdlaw.com.au/conveyancing

Mar 16
Casual 4 A Cause Fridays

Casual 4 A Cause Fridays

By Latest News, Article

If you ever pop into the PD Law office on a Friday, you will notice that the dress code has become very casual. This is being adopted for an extremely good cause – “Casual4aCause” Fridays is raising funds from the PD Law team (and any visitors who may also wish to contribute) for charity. The team all pop their spare cash into the jar each week and have agreed to choose a worthy cause every 3-6 months.

PD Law have always donated to local and national causes including the annual Whitsunday Reef Festival, RSPCA Cupcake Day, TourDeCure, DonateWeek and the Endeavour Fondation to name a few. The team felt that the cause should be a local one and should be a group decision. “We also decided that we would choose several throughout the year, as there are so many that should ultimately benefit” said Mel Cox, CEO “we had a few on the shortlist so we thought, the more we can do the better”.

The Chosen First “Casual4aCause”

The first cause the team decided to donate their funds to is to the local man “New Wheelchair for Tom” GOFundMe Campaign. Details of that cause are detailed below:-

Tom Sharpen was born in Mackay on December 24th 1990.  Tom and his younger brother Sam grew up like so many in this area, with the love of motorbikes, camping and playing in the great outdoors. Life was simple and happy. On 28th of April 2012, the day his family was preparing for his Mothers 50th Birthday party, Tom went out for a quick ride on his motorbike. Living in Brandy creek now there were a few tracks he’d rode often usually with his mates but that day he was on his own.

As he was racing through the fields having the time of his life something unexpected happened. Tom doesn’t have any memory of the actual accident and knew nothing about it until 5 days later when he woke from his coma at Brisbane hospital.

This is what those who found him and doctors have pieced together; Tom lost control of his bike hitting a tree then a rock. Tom a few metres away was laying unconscious until 2 people stumbled across him. The ambulance was called and another person passing who happened to be a doctor had a neck brace in her car and placed that around his neck. A firetruck happened to also be passing and stopped to help. He was in a neck brace and on a body board as the ambulance arrived. Tom was rushed to Proserpine hospital and airlifted to Townsville from there. Once in Townsville his injuries were too severe and he was airlifted to Brisbane. All the while with his mother Dawn by his side. She wouldn’t be celebrating her 50th Birthday that day and still now she is anxious around her birthday and refuses to celebrate like she deserves.
Tom woke from his coma 5 days later and was in Intensive care for 3 weeks. He was revived twice by doctors, once 10,000ft above ground on his way to Brisbane.

He suffered a broken back, neck, spinal cord damage, and head injuries. His family were told to prepare that he may not wake from his coma but he pulled through like the champion he is!
Tom spent the next 2.5 months in Brisbane hospital and another month in rehab learning his new way of life. He is now a complete paraplegic with no sensation, feeling or movement from the waist down. Government funded agents arranged for Tom’s first and only wheelchair to date. He also received a pay out from his Superannuation which was used to modify his parents’ home with ramps and rails, his bathroom to accommodate his wheelchair, his special needs bed, pillows and exercise equipment and to live on until he could find himself a job to support himself.

Before the accident Tom was a qualified painter however its no longer possible for him to paint homes so he was left trying to find a job as a paraplegic painter. Trying to adapt to the roll of a paraplegic has been the biggest challenge for Tom and his family since the accident. As he was 21 years old at the time, in his prime as a young adult, living out of home to literally in a blink of an eye have his whole world turned upside down. He moved back in with his parents and has had to learn his new body and new life. It hasn’t been easy but Tom has always stayed positive and with the support of his family and friends he’s conquering life.

A major part of Tom’s life was the great outdoors. He’s a lover of roughing it in the bush, hunting, 4wding, fishing and camping but he’s extremely restricted. Obviously physically however he’s learnt to utilise his wheelchair like a new set of legs.  The wheelchair that he has is now almost 5 years old. It’s been a fantastic wheelchair but restricts his use to roads and footpaths.  Tom’s new goal is to get back out to nature, to camp with his friends, take his dog for real walks through the bush, go fishing and not be held back.

The Go Fund Me page aims to raise enough money to purchase the ‘All Terrain Wheelchair’ designed and built by ‘Wicked Wheelchairs’.

This new wheelchair is built to ‘conquer the toughest terrain’ allowing Tom the freedom to go and do what he used to before the accident.

PD Law will be proud to donate their funds to this worthy cause. If you would like to find out more information, or make your own donation to this cause select the attached link https://www.gofundme.com/new-wheel-chair-for-tom 

 

Mar 08
What would she know? She’s a girl

“What would she know? She’s a girl”

By General, Article

“Women in law and other dumb concepts”

We all woke to the attached ad in the local paper. Our competitor asked:

“Have you ever wished an experienced lawyer would carry out your legal work instead of a girl in the office?”

Um. None taken.

Let’s introduce ‘a girl’ or two from our office:

Bernie Gunders – having owned and operated her own family sporting goods business, and with practical expertise and on the job legal training spanning over a decade, Bernie’s professionalism is unrivalled. Though a girl, she offers measured, real world advice, collaborates with her colleagues (including girls), and maintains a strong relationship with all of her loyal clientele. Oh and she also raised two sets of twins. Wait, wait. Nope. Sorry she’s a girl.

Sarah Smith – Bond university graduate, 7+ years’ experience in various areas of law, as both a trainee and a lawyer, also has a loyal and well serviced client base, not to mention a very hard working mum of two. Hang on a sec. Yep as we suspected, Sarah too, is in fact, a girl in the office.

Ok then let’s see, Robyn Batman, 25 years’ experience providing a high level of administrative support to top executives from a cross section of corporate entities including Price Waterhouse, CSR, GE Insurance and Phillips Fox Lawyers. Bugger. No good. She’s a girl, and in the office also.

Melissa Wick – decades of experience in various industries, primarily involved in practice management, business marketing media and project management, having qualifications in project management and business analytics Wicki has consulted to Telstra project managing aspects of the NBN roll out in various major regional and metro areas. She has worked as a consultant for Allianz, AMP and RAMS Homeloans too, But, you guessed it, she’s a girl too. Curses!

Mel Cox – despite her gender, embarked on a paralegal career nearly 20 years ago. Now, as a 50% owner of PD Law, Mel is also the CEO. In addition to being a girl, in her spare time she’s also studying for her masters of business administration (MBA). Whoa! Mel’s also a girl. Dang, of all the bad luck.

Foolishly, we employ more girls than just those mentioned here. And a couple of men too.

As was so eloquently stated by Dame Stephanie (‘Steve’) Shirley “you can always tell ambitious women by the shape of our heads: they’re flat on top from being patted patronisingly”.

Mar 06
Don’t forget – your actions can bind your client

Don’t forget – your actions can bind your client

By Article, Property Conveyancing

We were recently asked to advise on the nature of a contract based on an email exchange between a buyer’s agent and a seller’s agent. This issue has come up in earlier posts and will again no doubt as roles and methods of communication continue to evolve. Anyway now might be a timely reminder to reacquaint yourself with the risks of email exchanges in contract negotiation. Read on

When are your vendor clients, (and you) locked in by email?

Some sellers and buyers don’t want to be locked in until the proverbial ink dries on the contract. You’ve probably seen or even typed emails during negotiations with phrases like  subject to the parties signing a formal contract..., which have traditionally made it clear to other side that there’s no deal until the contract is signed.

A recent Supreme Court decision has shone a light on this practice, with some adverse consequences for a seller and its agent.

Bear with us, we’ll be brief:

  • The seller engaged the agent to sell its commercial property and business. The agent found a buyer and started negotiating with the buyer’s representatives. The price was circa AUD$1.75m
  • The parties each adopted words similar to those above (subject to the parties signing a formal contract) in email exchanges
  • However they also used other phrases which ended up giving some mixed messages. Here’s a great example:
“This offer is of course subject to contract and due diligence as previously discussed. We are hopeful of effecting an exchange of contracts next Monday but need an acceptance of our offer immediately so we are in a position to instruct the appropriate consultants to carry out the necessary investigations.

I look forward to receiving your clients confirmation that our offer is accepted as clearly both parties are now going to start incurring significant expenses.”

  • The response to this was equally confusing:

“We accept the below offer which we understand will be subject to execution of the contract provided…”

  • The seller found another buyer willing to pay more.

We suspect that, at about this time, all hell broke loose and people became concerned about their employment!

  • The Court confirmed that a contract can exist even though:
    • the “subject to execution of the contract” correspondence was used;
    • negotiations were between buyers’ employees and seller’s agents;
    • some conditions were still yet to be agreed on; and
    • no contract was ever signed.

Lessons to be learned

The lessons to be learned are:

  • be crystal clear in your choice of words when negotiating deals
  • signatures and contracts are not always necessary to evidence an agreement.

As always, if in doubt about your turn of phrase, or that of the other side, just call us. Fallout can be minimised by some early, simple, clarifying correspondence.

Cheers, from the team at PD Law

Nov 02
AGENTS SURVIVAL SERIES – VOL11A/2016

AGENTS SURVIVAL SERIES – VOL11A/2016

By Article, Property Conveyancing

So what is E-Conveyancing?

PD Law are excited to have Recently completed our first E-Conveyancing settlement using the new PEXA online platform.

So, what is E-Conveyancing and how is it different from the normal paper conveyancing process?

E-Conveyancing minimises the manual processes and paperwork associated with property settlement by enabling us to transact with other lawyers, conveyancers and financial institutions through the PEXA platform.

Anyone who has bought and sold property before will be familiar with the seemingly endless stream of paperwork involved in a single transaction, not to mention tracking down qualified witnesses to witness  signatures on legal documents and tedious trips to the post office.

A report published by Price Waterhouse Cooper states that 20% of settlements are delayed an average of seven days and  in 25% of these, customers suffered financially! E-Conveyancing reduces the risk of errors and delays giving our clients a greater certainty of a successful, on-time settlement by enabling us to sign and lodge documents on their behalf and complete financial settlement electronically.

By transacting through the PEXA platform sellers will receive the sale funds into their bank account within 20 minutes of settlement, whereas in the world of paper conveyancing these funds can take up to three days to be processed through the normal banking system.  Buyers received the advantage of receiving title to their property within the similar time frames to this rather than waiting weeks or sometimes even months to receive confirmation that the title has registered into their name.  E-conveyancing also eliminates the risk of delays by financial institutions in lodging the necessary documentation to transfer the title after settlement to the client, something that we see all too often which can have a significant financial impact on the buyer.

After an initial identification verification of the client, the remainder of the conveyance can be completed online,  without the need for the client to leave the comfort of their computer chair,  and  let’s face it most people would most likely have started this process by searching for real estate and solicitors online, so it makes sense to finish the process that way too.  “E-conveyancing offers a convenient, secure and streamline process, reducing the risk of delays and extra costs to the client”.

At PD Law we can discuss with you the benefits of completing your conveyancing using the PEXA E-conveyancing process, call Bernie on 1300 1PDLAW or book a phone consultation using our online booking system at www.pdlaw.com.au

Sep 21
The Value Proposition - What's a Will really worth to you?

The Value Proposition – What’s a Will really worth to you?

By Estate Planning, Article

I recently caught a shuttle from the airport to home.

Business was obviously good for the bus company – the seats were all full and I found myself in the front passenger seat next to the driver.

We chatted easily for the trip. She got to asking me what I did. I told her.

Possibly out of politeness, she mentioned she needed to renew her will, and asked me what it might cost. I told her there was a pretty broad range depending on everyone’s circumstances but gave her some essential numbers. She whistled a breath in through her teeth, concluding it was too expensive.

It occurred to me my bus driver saw zero value in the proposition: whether a Will was seen as a grudge purchase, a necessary evil box ticking exercise that we all ‘know’ we need to do, albeit reluctantly, or something else, she immediately went to a place where she believed that this service was of little no value to her.

I decided to push on, not so much to win some business but rather to get an understanding of her point of view, and given we’d established what felt like a pretty honest and frank rapport over the preceding 20 kilometres she appeared to have no problem with this.

First we talked about service choices  –  it really didn’t matter which law firm she chose as the market pretty much dictated the cost, and most firms were similar. We then talked about the growing self-service market – she could most definitely buy a DIY version on line for a fraction of the price but that came with a non-monetary cost – DIY also means DIY legal research on your own time and DIY your own guarantee of service that what you do is right, and will work out ok for your entire life’s net worth.

We then moved onto what the Will was for? If one’s net personal wealth on their passing was several hundred thousand dollars, why does having a will professionally prepared for as little as a few hundred dollars to protect that not represent one of the very best investments one could ever make?

At this point, interest in exploring the issue any further evaporated. Whether my attempts to understand my driver’s point of view on the value proposition veered into a lecture from a know-it-all (me), or whether she was now deep in thought following my pearls of wisdom will remain one of life’s unknowns. She shrugged and busied herself with the important task at hand of ensuring a bus full of people were delivered safely and on time to their respective destinations.

We chatted and laughed a few more times and then I hopped off.

I’d missed the opportunity to get the message across just how important a Will was, regardless of the service provider. The story became a discussion on cost, and in my view that’s not right. That said, I’ve heard and seen that perspective so often I was also left wondering if I’m the one missing the point.

But I don’t think so.  As a broad and very general rule, society just doesn’t see value in a great many products offered by lawyers and other professional services firms. (Let’s face it – we’d all secretly prefer a new  iPhone 7 over a Will).

It really comes down to a simple value proposition:
– is the thing (the Will) worth the spend? What is the value attaching to it for me (my lifetime of assets and my family’s future) and what might happen if I don’t do anything?

There can be no argument that a Will, no matter which lawyer you engage or what medium you choose is, beyond doubt, worth it.

If you’re inclined to get a bit more info on making a will just click here  to review our Wills page . If you’re not that’s cool too, but don’t avoid getting one because you don’t see the value. It is and you owe it to yourself and your loved ones to be informed and make a decision.

Aug 04
Whitsunday Reef Festival 2016

Whitsunday Reef Festival 2016

By Latest News, Article

From Whitsunday Reef Festival Site.

Download  Reef Festival 2016 Program. Download Whitsunday Reef Festival Road Closure Information. Download Reef Festival bus stop & taxi map

The vibrant coastal town of Airlie Beach will come alive in August 2016, as the Whitsunday Reef Festival hits town. The annual favourite festival, is a delicious combination of family fun, community events, all-night celebrations, food, fashion, fireworks and some of the biggest street parties north of Mackay.

The festival, now in its 16th year, is themed Heart of the Reef, as it celebrates what it means to live in the Whitsundays, on the edge of the Coral Sea, in the middle of the Great Barrier Reef.

In 2016 the Whitsunday Reef Festival will be bigger, better and brighter. We will be bringing back our classic events such as Telstra Family Funday, Frocktails, Comedy Gala, Recyclable Regatta & Friday night street party and Beach Music Rockin the Reef. Stay tuned for updates on more events as our amazing committee locks them in. This event is a solely run and operated community event which means we need local business and citizen support to make it happen. If you or your business would like to donate or sponsor an event in our ten day festival be sure to get in contact with us. We need your support to make it all happen.

One of the most popular events of the festival is the Rotary Street Parade. Spectators flock to the newly-revitalised main street to watch the amazing floats built by businesses, community and school groups pass by. Cafes, bars and restaurants overflow as locals and visitors alike enjoy the Whitsunday hospitality and show their support for those in the parade.Following the parade the main street stage will be rocking once again with some huge live acts, sure to have everyone enjoying the street-party vibe.

The younger kids are the focus on Sunday, with the Telstra Family Fun Day. Circus performers, face painting and traditional games such as 3-legged and sack races are run alongside modern activitieslike a selfie competition and slushy slurping comps, with some awesome prizes up for grabs.

The Recyclable Regatta is one event not to be missed on Sunday afternoon. Airlie’s famous lagoon becomes a hive of activity, as rafts made from recyclable material take centre stage in some hilarious races, delighting the many onlookers surrounding the lagoon.

There are many other events and activities during the 10-day program including comedy nights, Frocktails, pop up bar, carnival rides, market stalls and much, much more.

The Whitsunday Reef Festival is not to be missed, as there is something for everyone, whether you’re young or young at heart!

Jul 05
There are lives at stake – stop being a fence sitter

There are lives at stake – stop being a fence sitter

By Estate Planning, Article

We recently covered about 2500 kilometres on a family driving holiday. It was a long, long way, but we broke the trip up with a few sleep overs, the obligatory travelling games, and we took turns at playing DJ on Spotify. Complaints about my music were drowned out by volume.

We also listened to a few podcasts. One in particular moved me profoundly. It was about a remarkable young woman who back in 2011, whilst some 60 km’s into a 100km ultra marathon race in the remote Kimberly region in Western Australia, was caught in an isolated gorge with a forest fire closing in. Her burns were extreme and life threatening, and her life changed irreversibly. Part of her treatment involved massive skin grafts, and if not for donor skin tissue she would have died.

What struck me was that the donor tissue had to be rushed in from the United States as there was insufficient tissue available in Australia. I found it unbelievable that there was no donated skin tissue available in the whole country, and this person may have died had she not been able to get some urgently dispatched from overseas (which in turn brought about its own raft of bureaucratic hurdles to jump).

I also realised that I have for the most part been a passive, even apathetic, observer in the organ donation conversation. Here I am in a law firm where we see literally hundreds of people each year to discuss and draft their wills, and we ask them the question whether they want to donate their organs when making their will. Typically lawyers don’t proffer a view as to whether someone ought donate or not and we manage to hide behind the clichéd argument that it’s matter of personal choice and none of our business, so if people say they’ll have a think about it we don’t press them any further.

Some are worried about still being alive and not trusting the medical profession to properly advise or consult with family, others cite religious beliefs, others think they’re too young, too old, too unfit, too unwell. In my experience in raising the issue with people over the last 20 + years, many simply don’t want to talk about it, and I totally understand this: it conjures unpleasant thoughts.

The excuses we all come up with appear pretty thin.

I think we need to shift our way of thinking:

  • First, don’t think so much of being the one donating, think of being the one, or having a loved one, in urgent need of a donation. My bet is that faced with the grim alternative, we’d all be desperate for a donation. We’d be hoping that someone did more than just talk and then ignore it like we might have;
  • Secondly, and this is something that is gaining traction globally, donation needs to be more of a cultural norm. Get in the car and put on your seat belt. Get on the bike and put on your helmet. Opt in to donate organs.

The irresistible truth is that most of us agree in principle with donation but probably do nothing about it. I’m certainly guilty of this. Short of needing a transplant for yourself or a loved one, it’s just not going to make it onto your to do list.

So here’s the challenge: we are claiming Friday the 5th of August (which just so happens to be during Donate Life Week) as the PD Law team organ donor sign up date. Between now and then each of our team will be discussing the issue with their loved ones, getting themselves informed, and making a conscious decision one way or the other, to get off the proverbial fence.

We invite you to join us, mark it in your calendar too. Don’t put it off. Go to the organ donor web site here and check out the Discover, Decide and Discuss links on the right hand side. It’s very informative.

And if you want to be inspired by the strength that some people possess, have a listen to Turia Pitt’s story here when she was interviewed by ABC’s Richard Fidler.

 

Jun 23
AGENTS SURVIVAL SERIES – VOL6A/2016

AGENTS SURVIVAL SERIES – VOL6A/2016

By Article, Property Conveyancing

Hard to get Foreign Buyers to buy? It just got 3% harder.

Starting 1 October 2016, foreign buyers will have to pay an additional 3% transfer duty (stamp duty) when buying residential land in Queensland. This surcharge is called Additional Foreign Acquirer Duty (AFAD). In order to keep this update brief we will not detail the definitions here. Suffice to say the legislation throws a fairly wide and heavy blanket over definitions of foreign buyers, foreign individuals, foreign corporations, AFAD Residential Land and Foreign Trusts to make sure that all categories of buyer will fall within the new laws.

Long Arm of the Law

It goes further to ensure that if an Australian entity (with Australian shareholders or trust interests ) is used to buy the land and that entity later becomes a foreign entity within 3 years (for example as a result of transfers of shares or trust interests), then the transaction will need to be re-assessed and more duty presumably paid. For example an internal share transfer from Australian Citizen  / entity to foreign entity / individual after settlement won’t avoid the additional duty payable.

Similarly, land which ultimately will be used as AFAD Residential Land will be subject to a five-year reassessment period.

Transitional Provisions

Contracts signed before 1 October 2016 will not be subject to AFAD, even where settlement occurs after that date. However, the same cannot be said about options. That is, if an option is entered into before 1 October, but exercised on or after 1 October, AFAD will apply.

PD Law
4.6