PRACTICE AREAS
At PJW Lawyers we are committed to providing exceptional service to each and every one of our clients.
When faced with the prospect of legal intervention, often relating to delicate matters, approaching a law firm can be a daunting experience for many. This is why being approachable and trusted are at the forefront of our values.
We specialise in a number of different practice areas enabling us to service a wide range of clients across the Wollondilly shire and surrounding areas.
FAMILY LAW
PJW Lawyers can assist you with many areas of Family Law including:
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Custody Disputes and time spent between parents
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Property Settlement
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Spousal Maintenance
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Superannuation
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De Facto Relationships
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Pre-nuptial and Binding Financial Agreements
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Divorce Proceedings
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Urgent applications for recover of children or preservation of property
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Domestic Violence issues
The new Family Law system requires parties to attend mediation prior to filing in Court. This may not always be possible, and in those times, we are able to prepare your Court documents through a number of limited exceptions.
Children's Issues
The Family Law legislation requires parents to have their children’s best interests in mind when deciding or opposing where a child lives and how much time a child should spend with their parents. The Court requires parties to consider equal parental responsibility as to making long-term decisions such as health, education and religion and requires parents to provide a meaningful relationship between the child and both of their parents. This is not always possible due to neglect, risk of abuse or family violence. In such cases, we can will advise you on appropriate time the Court may consider and appropriate Orders which can be sought to ensure the child’s safety when in each parents care.
Property Settlement
Whilst a settlement without the need to go through Court is the best possible outcome for most people, there are situations where you may have no other option. In these cases, we will guide you through the legal process and advise you of your obligations and rights when separating assets, from ensuring the other party does not dispose of assets, to splitting superannuation payments and seeking Orders for spousal maintenance. It is imperative the asset pool is fully identifiable and that both parties include all of the assets and liabilities in which they have an interest in. Only through full financial disclosure can the separation of assets be completely fair and equitable. We will ensure the obligations of the other party are met and that no assets are disposed of, or removed from the asset pool.
We will also help in identify what should form the asset pool and how the assets will be fairly divided, in accordance with financial and non-financial contributions and your future needs. It is important to know the property adjustment a Court is likely to Order before entering into any negotiations.
CRIMINAL LAW & TRAFFIC OFFENCES
We strive to provide the highest level of representation in defending your criminal charges. Whether you are pleading guilty or not guilty, we can assist in resolving the charges justly and in accordance with principles of justice and fairness.
It is important to understand the offences you have been charged with before you enter a plea to the Court and to fully understand the penalties involved. We will explain your charges and ensure you receive the best possible outcome.
We can assist you by appearing on your behalf in Court, negotiating and discussing your matter with NSW Police and preparing your case for Trial. We also have a number of highly regarded Barristers to assist throughout the process, should you require.
We have assisted many defendants successfully and efficiently in defending their charges such as:
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Serious sexual assaults
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Assault occasioning bodily harm, common assault and indecent assault
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Malicious damage to property, break and enter and stealing offences
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Drug Offences
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Negligent Driving
Drink Driving
Have you been charged with a drink driving offence? If so, you are probably going to have to appear in court. PJW Lawyers can provide sound advice to prepare you for your court appearance. Our team of solicitors at Picton, Wollondilly have successfully represented defendants charged with low range drink driving to habitual offenders and high range drink driving to achieve a just and reduced penalty.
Loss of Licence
We understand you can't work and support yourself without the ability to drive. We can lodge an appeal on your behalf to the Local Court seeking leniency and a reduced period of suspension. There are also various other options available such as good behaviour licences.
WILLS & PROBATE
Your Will
Having a valid Will is the best way to ensure that once you pass away, your family members and loved ones will be adequately provided for and the chances of family squabbles about your estate will be reduced. PJW Lawyers are experienced in drafting and amending Wills, Contesting Wills and how to minimise the risk of litigation concerning your will, administering estates and dividing assets.
Executors
Executors are usually named in the Will of the deceased. An executor has a number of duties including distributing the deceased estate; paying debts and arranging the funeral.
If there is no valid Will or the person nominated to be the executor is unable or unwilling to discharge the duties, the Supreme Court can appoint an administrator to deal with the estate.
What is a Grant of Probate?
Executors may be asked to prove that they are authorised to administer the Will before the assets can be released and this can be proved with the Grant of Probate.
Probate is an Order passed by the Supreme Court confirming that a Will is the last valid Will of the deceased, and it allows an executor, named in the Will, to collect and distribute the estate in accordance with the terms of the Will.
To obtain a Grant of Probate from the Court, the executor should make an application within 6 months of the deceased’s death. The deceased’s assets are completely frozen until Probate has been granted.
How can PJW Lawyers Help?
Matters relating to deceased estates can be complex and often involve a substantial amount of paperwork. We have an experienced team who can help you through the legal proceedings and guide you in every step of the process.
If you are an executor of a deceased estate, feel free to contact our team of experts to provide assistance. We can also help you obtain a Grant of Probate.
CONVEYANCING
Are you buying or selling a property?
PJW Lawyers can help and advise in a number of ways including:
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Understanding the issues and process involved in purchasing or selling property in Australia;
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Information about the costs involved (including stamp duty and ways in which you may be exempt);
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Advice for your Contract for Sale and the ‘cooling off period’;
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Negotiating terms and conditions for the sale or purchase of property;
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Advice for meeting lender requirements;
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Arrange title searches and land enquiries; and
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Help with settlement and exchange.
MEDIATION & FAMILY DISPUTE RESOLUTION
PJW Lawyers encourages parties to reach an agreement through mediation and is very proactive in the Family Dispute Resolution (“FDR”) forums.
The concept of finalising separation amicably can create non-conflictual future family arrangements and parenting, benefiting not only the parties themselves, but minimising the risk to children’s mental health issues in their future. This is why we advocate primarily for mediation and dispute resolution before needing to proceed to a court process or trial.
In the majority of cases you are unable to file proceedings in the Court until you have attended Dispute Resolution. PJW Lawyers can issue the required Certificates necessary for filing in your Court proceedings.