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Powers of Attorney
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Kennedy & Cooke
has a large number of lawyers for a regional firm which allows specialisation and expertise to develop in many areas of law.
All of our lawyers
are readily available to speak to clients in person or by telephone. We know that in many cases the only way to resolve a problem or to obtain reassurance is to speak to your lawyer.
Our laywers
visit clients in their homes and regularly see clients in local nursing homes, retirement villages and hospitals.
Kennedy & Cooke provide most legal services, including....
Sale & Purchase of real estate (conveyancing)
Sale & Purchase of businesses
Leases
Wills
Estates
Powers of Attorney
Appointment of Enduring Guardian
Business Succession Planning
Family Provision Claims
Police Matters
Commercial Disputes
Family Law
Liquor Licensing
Fishing and Marine Law
Debt Disputes
Sale & Purchase of real estate (conveyancing)
Each of our five offices has lawyers and support staff with many years of experience in conveyancing.
All of our lawyers live in and are in touch with their local areas. We can advise you on any unusual local matters which may be relevant to the property you wish to buy or sell. We can also advise on the sale and puchase of property anywhere in NSW.
We can put you in touch with the local people you may need to see about buying or selling such as agents, surveyors, building consultants, pest inspectors and finance brokers.
If you are selling, we will advise you on preparation of your contract, liaise with your agents and help negotiate your sale. When a buyer is found, we will answer the queries raised by the purchaser’s solicitor (requisitions) and arrange the clearance/payment of your mortgage.
If you are buying, we can arrange pre-purchase reports, advise you on the contract conditions and any unusual aspects along with the taxes and duties you will incur. We will negotiate with the Vendor’s solicitor to look after your interests. We will help you satisfy your lender’s requirements and carry out inquiries and searches necessary for the property you are buying.
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Sale & Purchase of Businesses
Lawyers in each of our offices have considerable experience advising on the purchase and sale of business and business structures including partnerships, companies and trusts. The firm’s expertise also extends to leases of property and equipment, finance, business agreements and industrial relations including employment contracts and unfair dismissal.
It is critical that each party in a sale or purchase of business transaction is independently advised by a lawyer and accountant and that the professionals work together.
Instructions and advice will be needed on such questions as business structures, the break-up of the price between goodwill, plant and equipment, intellectual property and stock, the written down value of the assets in the business and other tax considerations.
Whilst most sales of business are GST free the law is complex and will depend on the way the transaction is structured.
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Leases
Lawyers in each of our offices are very experienced in preparing and giving advice about business and industrial leases.
For all leases your requirements must be clearly set out. We will help you negotiate the terms that you will need.
Sound legal advice is essential for both landlords and tenants entering into business/commercial or industrial leases.
For shop premises the provisions of the Retail Leases Act can cause both landlords and tenants major problems if not clearly understood and followed.
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Wills
Your Will is one of your most important legal documents.
We can prepare a Will that is practical, able to be understood and carries out your specific wishes.
If you are unable to come to our office we can visit you at your home or business to discuss your requirements and then ensure that your will is legally and validly signed and witnessed.
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Estates
Each of our senior partners has more than 20 years experience advising executors of deceased estates.
We can provide valuable advice and guidance to help you deal with complex issues quickly and with a minimum of personal worry.
As soon as possible after receiving instructions to act for the executor of a deceased estate, we provide a detailed estimate of our costs and expenses and outline the steps to be taken to finalise administration of the estate.
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Powers of Attorney
We can provide practical advice concerning the decisions that you need to make when considering appointing a Power of Attorney to manage your financial affairs when you can no longer do so, including:
Whether to appoint one or more people and when.
Should the Power of Attorney operate immediately or only in specific circumstances such as illness or loss of mental capacity.
Should the document allow financial benefits to be given to anyone else.
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Appointment of Enduring Guardian
An Enduring Guardian is a person you appoin to make medical and personal lifestyle decisions on your behalf if you are not capable of doing this yourself.
We can advise you about the types of decisions that you can authorise your enduring guardian to make.
Once the document has been prepared and signed by you we can also help you to arrange for your guardian to accept the appointment.
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Business Succession Planning
Business succession planning is an important aspect for both small and large businesses. It involves the passing of your business to a person or persons who you have selected as the new owner of the business.
The new owner can be an existing co-owner, an existing employee, a family member or someone from outside the business. Succession can be triggered by:
The need to retire
The death of an individual
The ill health of the founder
Other traumatic events
Business succession planning is a specialist area of the law in which we have developed particular expertise.
If you wish to discuss any aspect of this area of planning for your business, please contact the office nearest to you.
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Family Provision Claims
Our lawyers have substantial experience in Family Provision Litigation, acting both for claimants and for executors of estates.
If your parent, spouse or de factor partner has not made adequate provision for you in their will, you may have a good claim for a share of the estate. We can advise you on how to claim and your chances of success.
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Police Matters
Lawyers in each of our offices are very experienced in preparing, managing and conducting Court appearances.
As with all Court matters, it can be of great assistance if your legal representative is aware of the sentencing history/evidentiary requirements of the Magistrate or Judge who is going to determine your case. We can provide valuable advice on all court matters, particularly drink driving (PCA), traffic matters and apprehended violence orders.
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Commercial Disputes
Disputes among business owners, landlords and tenants or debtors and creditors can escalate quickly if sound legal advice is not obtained when problems first arise.
We can provide cost effective advice about alternatives to Court action, such as mediation or specialist Tribunal claims, to help settle business and debt disputes quickly.
Family Law
We are very experienced in advising and helping clients in the area of Family Law.
We realise that when people are facing a Family Law crisis they need practical advice from supportive and caring lawyers. We are able to provide that advice and also assist you to access other organisations that can help with counselling and mediation.
Liquor Licensing
The sale and supply of alcohol is strictly regulated in NSW. We have the expertise to advise on all liquor related matters such as buying or transferring liquor licenses, Registered Clubs regulations and "one off" function licenses for sporting and social clubs.
Debt Disputes
If someone owes you money, or if you have received a demand from a creditor, we can help.
We have lawyers experienced in assisting clients to either settle debt claims by negotiation or pursue or defend claims in Court.
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Fishing and Marine law
Lawyers in our firm have developed particular expertise in this specialist legal area.
We can advise on the sale and purchase of fishing boats, licences and entitlements.
We can also provide expert advice about how to resolve disputes with Government agencies concerning fishing licences and entitlements and how to protect your fishing quota.
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