Sydney Lawyers

We know at Harry Quinn that legal issues can be overwhelming. The last thing you need is another problem on top of your legal problem. That’s why we take all the guess work out of trying to find the best lawyer for your issue. Here are answers to our commonly asked questions.

Find the Best Lawyer in Sydney

If you live in Sydney and are faced with a legal problem, you need to contact our Sydney Lawyers.

At Harry Quinn, we can take of your legal matter through the most simple to the most complex.

Our Sydney lawyers are an experienced team of dedicated lawyers ready to solve your legal matter today.

Criminal convictions can pose serious risks to your future. Even if the conviction is minor, the consequences can result in inability to travel overseas and possibly limit future employment opportunities.

Seeking legal advice early on in your matter will likely secure a better outcome.

Our criminal lawyers can offer you guidance in all areas of criminal law as well as help you understand your rights.

At Harry Quinn, we understand the stress and uncertainty involved in facing a criminal conviction and are here to help.

Understanding your rights as an employee is one of the most important aspects of your financial security.

Being involved in a dispute with your employer can be difficult and unsettling. If the dispute is left unresolved, it is important that you seek legal advice immediately to ensure your rights as an employee are protected now and into the future.

Our employment lawyers will deal with your matter with discretion and professionalism to ensure your reputation is guarded and your rights are looked after.

At Harry Quinn, we will commonly assist clients with the creation of their Will and other important documents.

This usually involves guiding the client through the drafting phase of the Will to the distribution of their property.

Making a will is a lifelong commitment and our Estate Planning Lawyers are here to help you make the right decisions. Our Estate Planning Lawyers understand the emotion attached with losing a family member and thus, apply a common sense, practical and compassionate approach to all matters.

Our Estate Planning Lawyers are committed to solving all problems we are confronted with and most importantly, reducing the burden on your family regarding estate matters.

How to Get a Divorce in Sydney?

The Family Law Act of 1975 introduced the no-fault principle, which governs divorce in Australia. This means that the court does not need to know why the couple is divorcing; all it needs to know is that the marriage has irreversibly broken down.

When do I have to file for divorce in Australia?

You and your partner must have been apart for at least 12 months before filing for divorce in Australia. One of you must be an Australian citizen or a resident of Australia who considers Australia to be his or her home.

If you’ve been married for less than two years, you’ll also have to go to counseling to talk about the potential of reconciliation before filing for divorce.

You’ll need to show confirmation of your marriage. A marriage certificate is usually used for this. You will need to change it to English if it is in another language; but, if you don’t have a marriage certificate, our family law lawyers can help you obtain one.

Fill out your online divorce application – You can fill out your divorce application online using the Family Law Court website, which will walk you through the questions you’ll need to answer.

Submit the application online – After locking your application and paying the filing fee, you’ll be ready to go.

Inform your ex-spouse Following the completion of your application, you must notify your ex-spouse about the proceedings. You can prepare and file a joint application if your ex-spouse agrees to the divorce and is willing to sign the application. This implies you’ll have to sign the divorce petition together. If your ex-spouse refuses to divorce or is unaware of the situation, you must serve your divorce application on him or her. At least 28 days before the divorce hearing, you must give it to your ex-partner. Allow 42 days if they live in another country.

Determine whether or not you need to go to court. Depending on your circumstances, you may or may not need to go to court. Continue reading to learn more!

When will the divorce be finalised?

After the hearing, the divorce is usually granted one month and one day later.

If you intend to remarry, you should wait until the divorce is finalised before making any plans. At the initial hearing, not all divorces are finalised.

In some cases, the court will need additional proof of the date of separation or that suitable arrangement for any children under the age of 18 have been made.

Will my children’s and property issues be resolved as well as the divorce?

A divorce does not resolve property disputes or issue formal parenting orders. These must be handled independently of the divorce.

Property and custody decisions can be made at any time following the separation and up to 12 months after the divorce is finalised.

At Harry Quinn, we can help!

What is Probate?

Probate is the legal process of validating a deceased person’s Will. The court recognises the validity of the Will and the executor who is responsible for the estate and its assets when you receive a grant of probate.

When is it required to seek probate?

If the person who passes away leaves behind certain types of assets, probate may be necessary. If money is in a bank account and the person was the sole account holder, the bank may request that the person provides a grant of probate before releasing the funds to the Executor.

If the value of the funds exceeds a specific threshold, a grant of probate is required. Every bank institution will most likely have policies about deceased estates and how they are handled, so it’s essential to ask about your specific situation.

Probate may also be required in the following situations:

• If the deceased person owned a large number of shares in a corporation, a grant of probate may be required.
• If the deceased person was the sole owner of real estate, a probate grant may be required to transfer ownership. If there are two owners, the ownership of the property is passed to the second.

It’s worth mentioning that each state and territory has its own set of rules when it comes to probate, so check with your local Supreme Court.

Is a grant of probate required to access a superfund or life insurance policy?

To access cash in a super account or make a life insurance claim, you may require a grant of probate, just like bank accounts and shares. Life insurance isn’t normally included in a person’s estate plan, and beneficiaries are usually specified.

Depending on the insurance or superannuation fund, the person filing a claim or attempting to access the account may just need a few simple documents. A death certificate, a birth certificate, and medical records are examples of these documents.

Who needs to file a probate application?

In most cases where probate is required, the named executor is the one who files the application.

What is the procedure for obtaining probate?

The process of applying for a grant of probate differs depending on where you live in Australia. If you’re unsure, you should always check with your local court or get legal advice.

The process can be complicated. We can assist at Harry Quinn.

What is Workers’ Compensation, and how does it work?

WorkCover can compensate you if you suffer an injury, illness, or disease as a result of your job.

WorkCover covers injuries to employees, including part-time and casual workers, as well as subcontractors such as owner/drivers and agency nurses in many cases.

If you are a Commonwealth Government employee or an employee of a corporation licenced to operate under the Comcare scheme and are injured at work, you can file a claim for compensation through Comcare.

You can also seek compensation if your pre-existing injuries or disease reoccur, aggravate, accelerate, exacerbate, or deteriorate.

Workplace injuries, such as malignancies, strokes, asthma, heart disorders, and degenerative illnesses, are frequently compounded or exacerbated. WorkCover is still responsible for this, and you may be entitled to compensation. WorkCover claims for severe stress are also possible.

WorkCover law is complicated, and you should obtain legal advice from one of our compensation experts at Harry Quinn to ensure your rights are protected.

Always seek legal advice before accepting a lump-sum payment from your insurer or employer.

You are entitled to compensation if you are injured at work, during any work-related travel, or during a work break. You do not need to establish culpability to collect this compensation, unlike other types of personal injury claims.

The Workers Compensation Act protects you against the financial consequences of your injury, whether they are medical costs or lost pay at work. To be eligible for workers compensation, you must be able to demonstrate that your workplace conditions were a “substantial contributing factor” in causing your injury, whether it was physical, mental, or psychological (such as severe stress or feeling overworked). If your principal source of income has died or been severely wounded as a result of a working accident, workers compensation will cover you.

The following are some examples of workplace injuries:

• Cuts or broken bones
• Lifting heavy stuff causes back pain.
• Exacerbation of a pre-existing condition
• Psychiatric problems that are directly related to your job (depression, feeling run down, stress)
• A sickness brought on by poor working circumstances (diseases from breathing dust or asbestos)
• Death as a result of a work-related injury or disease

If You Have a Workers’ Compensation Claim, Here’s What You Should Do

It’s critical that you obtain independent legal advice from our WorkCover workers’ compensation lawyers as soon as possible after the injury to ensure that your rights are protected and that you have the best chance of pursuing a compensation claim.

Failure to do so could jeopardise your ability to file a compensation claim and your rights.

It’s vital to keep in mind that the insurance company handling your work injury claim is unable to provide you with impartial guidance.

Our team of compensation lawyers at Harry Quinn can help you with:

• What scheme applies to your work injury case, if you’re eligible to file a claim, and what benefits are available to you
• If your work injury claim contains negligence on the side of your employer and/or another person, you may be able to receive lump sum compensation for your injuries.

If this is the case, your lawyer may need to obtain more information for your workers’ compensation claim, including:

• interviewing witnesses to the workplace accident
• investigating work-related injury reports
• enlisting specialists to provide an accident report for your workplace injury

In these types of cases, strict time limits apply, regardless of your situation or injury. It’s critical that an investigation be conducted early in the process, and that you call a lawyer like us for assistance in regaining control of your life.

What kind of compensation will I get?

Without knowing your specific circumstances, estimating how much compensation you might obtain after a workplace accident or injury is difficult. Once we know the circumstances of your case, your lawyer should be able to offer this.

In most cases, the difference between your life path before the workplace accident and your life route since the workplace injury is given a monetary value.

Is it necessary for me to hire a Sydney lawyers?

When filing a compensation claim, you can legally represent yourself. To do so successfully, you’ll need a thorough awareness of the law, your legal rights and entitlements, and a willingness to actively pursue the matter.

Most people who file WorkCover compensation legal claims hire a skilled compensation lawyer rather than representing themselves. Compensation lawyers with the necessary knowledge and experience can assist in guiding a case to a successful conclusion.

At Harry Quinn, our compensation lawyers offer clients a No Win Ne Fee offer, which substantially reduces the risk and the legal fees are largely an additional sum of compensation.

What is a Testamentary Trust?

Testamentary trusts are established by a will to provide beneficiaries more discretion over the transfer of assets. Testamentary trusts can offer tax benefits, making them a useful estate planning tool.

There are two types of testamentary trusts that are regularly used:

Testamentary trusts with discretion.

Through a testamentary trust, the executor allows the beneficiary to take part or all of their inheritance. The principal beneficiary has the authority to nominate and dismiss the trustee, as well as to administer their inheritance within the trust. Find out who the main players are in a discretionary testamentary trust.

Protective testamentary trusts

The beneficiary must receive their inheritance through the trust and has no power to nominate or dismiss trustees. If the beneficiary is unable to handle their inheritance owing to age, incapacity, or spendthrift habits, this option may be advantageous.

Testamentary trusts have a number of advantages.

The main advantages of testamentary trusts are their ability to protect assets and lower the amount of tax paid by beneficiaries on inheritance income.

Income splitting can help you save money on taxes.

If a recipient receives an inheritance in their own name, the income generated by the inheritance will be taxed at their own marginal tax rate.

Taking an inheritance through a testamentary trust may have significant tax advantages, especially if the beneficiary has:

• a high personal marginal tax rate for minor children and grandchildren;
• and/or a tax-free threshold of $20,542 for children or grandkids with no or low taxable income.
• Keeping your assets safe
• The protection and preservation of each beneficiary’s inheritance is a common and sensible goal for all Testators.
• Claims on the beneficiary’s assets owing to marital or business breakdown due to waste and dissipation by the recipient.
• When your assets move to your beneficiaries, testamentary trusts can help secure them.

At Harry Quinn, we can assist you in all matters relating to Testamentary Trusts.