Conveyancing

Electronic conveyancing through PEXA has been in place for some time. Biddulph & Salenger was an early adoptee of the technology and we are familiar and comfortable with the system. Agents and solicitors are able to send contracts securely and ensure inspections and auctions can continue in a virtual world so you can still sell your house or buy your dream home.    

New practices however introduce different risks and we are always considering these to protect your interests. Completion dates now need special consideration and new clauses to take into account a new reality – a possible mandatory lockdown in your home. Whether you are buying or selling, we continue to look at all scenarios to ensure your most valuable asset is protected.

Wills, Powers of Attorney, Guardianship 

Is your estate protected? Do you have a valid up-to-date Will that appoints somebody you trust to administer your estate if you die? Don’t hesitate to instruct us for your important estate planning documents. We can organise your Will remotely and provide you with step-by-step instructions on how to sign your Will and have it properly witnessed.  

What if you can’t leave the house and you need someone else to look after your finances? A General Power of Attorney does not need a solicitor’s certificate and can be prepared remotely after a telephone or video consultation. Of course, an Enduring Power of Attorney, which does require a solicitor's certificate, is preferable as it continues to operate if you lose capacity. If this is necessary, we can organise electronic advice sessions and shorter office visits, or a solicitor can visit at your home to finalise this important document. We can also put in place other emergency provisions if necessary.

Don’t panic if you don’t have an Appointment of Guardian document. For medical issues, if you lose capacity your “person responsible” can make decisions on your behalf. That is your spouse or anyone who has a close personal relationship with you. 

Contact us and we will work out the most expedient solution for you and your circumstances.  

Family law 

The Family Court and Federal Circuit Courts remain open to current and new matters during this difficult time. 

Face to face attendance for court mentions, hearings, dispute resolution and family reporting is now limited and instead the court has implemented phone attendance protocols with a view to moving to virtual court rooms. Urgent matters are taking priority which has seen some adjournments and delays. Chief Judge Alstergren has been proactive in issuing media releases which can be found on the court websites. 

Chief Judge Alstergren has also issued a Guideline to Parents given the unique difficulties COVID-19 presents to co-parenting arrangements. In summary his Honour reminds parents to be civil where possible, not to be opportunistic and to consider their own unique circumstances when balancing the physical and mental health of children and parents. Parents are required to comply with orders wherever possible and to consider the best interests of children, which remains the paramount consideration. Of course, this is all easier said than done when faced with the current challenges! 

Maryanne Ofner and Edyta Zurawski are both Accredited Specialists in Family Law and remain able to assist you with all of your queries and concerns during this period. 

You can call us on 02 9929 8777, email our general email lawyers@biddsal.com.au or visit our website www.biddsal.com.au. Individual email details for our team members are as follows:
 
Maryanne Ofner - mofner@biddsal.com.au 
Edyta Zurawski - ezurawski@biddsal.com.au 
Sally Klem - sklem@biddsal.com.au 
Warwick Dunn - wdunn@biddsal.com.au 


Regards
The Team at Biddulph & Salenger