FAQ

Our simple answer is: Yes.

A Will is a legal document that dictates the distribution of your assets when you die. If you die without a Will, legislation governs how your estate is distributed.

You should definitely have a Will if you are married, have children or simply have assets. A Will should also be updated as your circumstances change (eg. divorce, separation, death of an executor).

Please feel free to contact Porta Lawyers should we be able to assist you in this regard.

A Testamentary Trust is a type of Will which establishes a Trust or Trusts upon the death of a person. They are designed to protect the deceased’s assets as they belong to the Trust, rather than the individual beneficiary and safeguard against challenges from outside sources.

Potential benefits of having a Testamentary Trust are that it protects the assets it holds. The Trust generally cannot be accessed by creditors, divorcing partners and even beneficiaries in some cases. The Trustee should also work closely with an Accountant to minimize taxation.

Please feel free to contact Porta Lawyers should we be able to assist you in this regard.

Applying for a Grant of Probate is required when a person dies, leaving a Will.

A Grant of Probate is the Supreme Court of Queensland’s official recognition that the Will is legally valid and that no other Wills exist.

A Grant is a Supreme Court document that recognizes a person’s authority to deal with the estate of a deceased person. A Grant of Probate is often needed before the Executor of an estate can take control of the estate’s assets (eg receive large sums of money from Banks or Financial Institutions, Insurance Companies, Superannuation funds) and administer the estate.

Please feel free to contact Porta Lawyers should we be able to assist you in this regard.

Our simple answer is: Yes.

An Enduring Power of Attorney is a document that legally appoints someone else to act on your behalf in financial and personal/health matters, commencing at a time which you choose. This document is required during your lifetime.

You can appoint more than one attorney (to act together or as an alternative) and can update your document at any time, as long as you are of sound mind.

An Enduring Power of Attorney remains in force after a person loses mental capacity.

This is a document which all adults should have. If something was to happen to you (eg accident or dementia) and you do not have an Enduring Power of Attorney, your next of kin would need to apply to the Queensland Civil and Administrative Tribunal to seek to be appointed as your administrator and/or guardian. This is a lengthy and stressful procedure which can be easily avoided by ensuring you have an Enduring Power of Attorney in place.

Please feel free to contact Porta Lawyers should we be able to assist you in this regard.

Sometimes a career change can be forced upon you. You could be dismissed if your role or position has been made redundant. This may happen if your employer:

  • Decides they no longer want your job to be done by anyone.
  • Is bankrupt or insolvent.
  • Is going through a relocation, merger, takeover or restructure.
  • Introduces new technology, meaning that your job can now be done by a machine.

The National Employment Standards sets out what redundancy pay may apply to an employee on the termination of their employment.

There are various situations where an employee may not be entitled to receive a redundancy payment.

We suggest that it is best to speak to an employment specialist. As soon as you are aware that you are being made Redundant, obtain legal advice as soon as possible.

Please feel free to contact Porta Lawyers should we be able to assist you in this regard.

(Source: Queensland Government)

A Conveyancer manages the lengthy and complex procedure of transferring ownership of property from one person to another in what is usually a 30-day Contract.

The Conveyancer will ensure that your interests are properly protected and will advise you of your rights and responsibilities. They liaise with many parties during the procedure (eg. buyer, seller, agent, lender), to bring about a smooth property transaction, whereby you achieve your desired outcome.

Please feel free to contact Porta Lawyers should we be able to assist you in this regard.

A Lease is a legally binding Contract between a Landlord and a Tenant. It allows the Tenant to occupy a shop or premises for a set period of time.

It is important that the Tenant understands what the Lease allows them to do or not to do, and for how long.

The Lease usually tells you:

  • The address of the shop or premises.
  • When the Tenancy commences and finishes.
  • If there are any Options available to extend the Tenancy.
  • The Area being leased (a Plan outlining the Tenancy Area should be provided).
  • The Tenant’s rights, obligations and liabilities.
  • The Landlord’s rights, obligations and liabilities.
  • Conditions that apply to the Tenancy Space – for example, rent, rental increases, outgoings or other costs, the condition that the Tenant must leave the Area in when the Lease is over.

Please feel free to contact Porta Lawyers should we be able to assist you in this regard.

We recommend the following steps when chasing overdue payments or debts:

  • Send a final statement requesting immediate payment.
  • Telephone the debtor and remind them to pay, requesting that the debt be paid by a specific date.
  • If you need to arrange a payment plan with the debtor, emphasize to them that they must make all payments by the due dates.
  • If the debt is not settled within the agreed time, seek legal assistance.

Please feel free to contact Porta Lawyers should we be able to assist you in this regard.

When you are considering buying a business, conducting due diligence ensures that you have access to important information about the business you are buying. It is the best way for you to assess the value of a business and the risks associated with buying it.

Through the due diligence process you thoroughly investigate all aspects of a business for sale. You investigate the business’s operations, financial performance, legal and tax implications, customer contracts, intellectual property, assets and other details, often within a time period specified in a letter of intent.

You usually conduct due diligence after you and the seller have agreed in principle to a deal, but before signing a binding Contract. However, if you have already signed a Contract, there should be a special condition in the Contract relating specifically to due diligence enquiries.

The information that you collect during due diligence is highly sensitive and confidential. The seller might want you to sign a non-disclosure agreement before you access this information.

Please feel free to contact Porta Lawyers should we be able to assist you in this regard.

(Source: Queensland Government)

An Australian Notary Public is a public officer, usually a practicing solicitor, appointed for life by The International College of Notaries.

A Notary Public not only signs and witnesses documents for use within Australia, but also performs similar functions in respect of international documents for use outside of Australia.

A Notary will affix their official seal when witnessing documents.

Giovanni Porta, Principal of Porta Lawyers is a Notary Public.

Please feel free to contact Porta Lawyers should we be able to assist you in this regard.

If you are not an Australian Citizen and you want to work in Australia, you must be granted a visa that suits the work that you intend do to be able to work in Australia.

Australia has work visas for:

  • Skilled workers.
  • People participating in specific activities.
  • Working holidays.
  • Highly specialized workers.
  • Trainees (short term).
  • Experienced business people.
  • Australia’s offshore oil and gas industry.

You should obtain advice before travelling to Australia.

Further, before you start looking for work in Australia, it is important that you have the right visa in place.

Please feel free to contact Porta Lawyers should we be able to assist you in this regard.

There are different visas depending on your travel purpose and length of your visit. Each visa has conditions about what you can and cannot do in Australia. Having a visa to enter Australia does not automatically mean that you can work, study or undertake other activities while in Australia.

You must apply for the right visa that matches what you want to do in Australia, and ensure that you are eligible to apply for that visa before arriving in Australia.

For more information visit the Department of Home Affairs website.

Please feel free to contact Porta Lawyers should we be able to assist you in this regard.

Interesting facts about Australia …

  • Australia has more sheep than people.
  • The world’s largest cattle station (larger than Belgium) is in South Australia.
  • The Australian Alps get more snow than Switzerland.
  • 91% of Australia is covered in vegetation.
  • Over 200 languages and dialects are spoken in Australia.
  • Nearly half of all Australians today were either born overseas or have at least one parent who was born overseas.
  • Melbourne has the second largest population of Greeks in the world after Athens.
  • The Australian Lyre Bird can, among other things, imitate the sound of a mobile phone, a chainsaw, a camera clicking and a car alarm.
  • Emus and Kangaroos were chosen to feature on the Australian Coat of Arms because of the belief that they seldom walk backwards, therefore symbolizing Australia is a forward moving Nation.
  • A horse race stops the Nation once a year for a few minutes. People watch or listen to the race known as the Melbourne Cup and in Melbourne everyone gets a public holiday to celebrate.
  • The first photos of the moon landing in 1969 were sent to the rest of the world via a tracking station near Canberra.
  • The world’s oldest fossil (3.4 billion years old) was discovered in Australia.
  • The architect of the Sydney Opera House was inspired to create it whilst eating an orange – if you were to combine all the sails of the Sydney Opera House roof, it would create a perfect sphere.
  • The longest straight stretch of road is in Australia – the Nullarbor Plain is 146kms, with no bends.
  • The Great Barrier Reef is the world’s largest living structure and one of the Seven Wonders of the World.
  • While it is not a staple food, Australians do eat kangaroo meat. You can find it on the menu in some restaurants and can buy it at your local butcher or supermarket.

(Source: Moving to Australia)

Unfair dismissal is when an employee is dismissed from their job in a “harsh, unjust or unreasonable manner”.

Employees have to be employed for at least 6 months before they can apply for unfair dismissal. However, employees working in a small business (i.e. less than 15 employees) need to have been employed for at least 12 months before they can apply.

You must apply to the Fairwork Commission within 21 days of the dismissal taking effect. Therefore, time is of the essence, so contact us immediately so that we can commence your unfair dismissal claim for you.

Please feel free to contact Porta Lawyers should we be able to assist you in this regard.

Conveyancing is the process to transfer legal ownership of any property or real estate from one person to another. This is required when someone buys or sells property.

Please feel free to contact Porta Lawyers should we be able to assist you in this regard.

Despite publicity from low cost providers, buying and selling of property is becoming more and more complex. We strongly recommend that you appoint a professional to undertake this work for you.

Do not let the cost factor alone be the sole reason for choosing a particular conveyancer or firm.

We recommend that you:

  • Hire someone you feel comfortable with and whose services meet your needs.
  • Check their references and find out as much as you can about their reputation.
  • Make sure that you understand how much their services are going to cost in full. They may charge a standard fee and add the cost of searches and administrative work on top of that. An all up low fee may mean that not all required searches are being done.

Please feel free to contact Porta Lawyers should we be able to assist you in this regard.

Deeds of Guarantee and Indemnity are highly complex documents and we strongly suggest that you seek legal advice before signing a Guarantee.

A Deed of Guarantee is a binding legal document where a person or company promises or guarantees that the obligations of another party will be met. They are usually prepared in the context of loans and for repayment of debts, where one party borrows money and another party guarantees that if the borrower does not repay the loan, that the Guarantor will. This exposes the Guarantor to personal risk.

Please feel free to contact Porta Lawyers should we be able to assist you in this regard.

Buying an established business rather than starting a new business can be a good option for many potential business owners.

Established businesses come with an existing customer base and are already trading. However, you may also inherit any problems that the business has already accrued. You need to know exactly what you are signing up for, and be clear about your ability to run a business.

Buying a business is a complex and time consuming process. You will need to investigate in detail the business you plan to buy, making sure that it is feasible and has a well-developed market for its products or services.

You will have to check business records, plans and operations, and familiarize yourself with your competitors and the industry. You will also need to check that the business has the appropriate licences, permits and registrations and find out which ones can be transferred to you.

Buying a business is a serious investment. You should always seek professional legal and financial advice before signing any documents.

Please feel free to contact Porta Lawyers should we be able to assist you in this regard.

(Source: Queensland Government)

Porta Lawyers are located at Geebung Queensland. Our office is located a 20 minute drive north of Brisbane CBD and is in close proximity to the Brisbane Airport. Our office hours are 8.30am - 5.00pm, Monday to Friday.