Our Services

Today, McPhee Kelshaw still attends to you as individuals, providing courteous professional attention to your legal needs. We draw on a depth of experience which only comes with years of practical legal work.

FAMILY LAW

The breakdown of a marriage or relationship is a personally traumatic experience. It affects not only the parties to the relationship but also their wider family.

We will provide expert attention to your family law needs, including:

  • Court appearances and applications
  • Urgent Court applications
  • Divorce
  • Residence
  • Child welfare
  • Contact
  • Property settlement for both married people and couples
  • Maintenance for you and your children
  • Child Support Agency reviews
  • Domestic Violence
  • Adoption
  • Pre-nuptial agreements
  • Separation agreements
  • Applications by grandparents

We have a team of Accredited Family Law Specialists who can ensure that your interests are handled sensitively and expertly, having regard to the ever changing law and Court requirements.

LOCAL GOVERNMENT AND ENVIRONMENT

Local Councils and other government agencies influence your life in many ways. If you are building a new home, subdividing land or running a business you can be faced with Council requirements that may appear to be unreasonable or difficult to understand.

We can help you deal with these problems. Our services include:

  • Conduct of appeal litigation before the Land and Environment Court
  • Defence of local government prosecutions
  • Advice on building & development applications
  • Advice in relation to compulsory land acquisitions
  • Advice on local government, planning and environmental protection legislation
  • Increasingly complex area of existing use rights

In those areas in which it is appropriate, we actively pursue mediation as a cost-effective means of early resolution of disputes.

PROBATE AND ESTATE ADMINISTRATION

The death of a loved one is a profoundly difficult time. We can help you by providing sensitive and detailed information about what you need to do.

If you are an Executor, Administrator, beneficiary or friend we will advise you regarding Probate or Letters of Administration, the funeral account, any outstanding debts, potential claims by relatives and beneficiaries, assist you in the administration of the estate assets.

If you feel that adequate provision has not been made for you under the Will, we will advise you of your rights in challenging the estate for a greater share.

If you are not happy with the way the estate is being administered, we can advise you of your rights and represent your interests.

CONVEYANCING

House and land sales and purchases (conveyances) are often the largest and most expensive transactions a person will ever undertake.

Defects in title, council planning schemes, restrictive covenants and resumptions can make even the most simple home purchase complex, and a minefield for the person without legal training.

Our conveyancing department, headed by our Accredited Property Specialist, can advise and guide you through complex issues including:

  • Residential sales and purchases
  • Strata titles
  • Old System Title and Crown Land
  • Industrial and commercial sales and purchases
  • Community title and retirement village agreements
  • Leases
  • Financing your acquisition including loans and mortgages
  • The impact of your purchase or sale on other aspects of your affairs
  • The most tax effective way to own the land.

We can assist you in obtaining finance.

CRIMINAL LAW

You may have been arrested, charged with a criminal offence or summonsed to Court in relation to a traffic matter. We can help you by:

  • Advising you of your rights
  • Appearing in Court on bail applications, hearings and appeals
  • Collecting evidence from witnesses
  • Liaising with the Police, Probation & Parole and other authorities

If you have been a victim of a crime, we can advise you in relation to victimÕs compensation.

WILLS, POWERS OF ATTORNEY & ENDURING GUARDIANSHIP

Whether you are single, married with children, married without children, married for the second time or living with someone, it is essential that you have an up-to-date Will which properly discharges your obligations and reflects your intentions on death. We can assist you in getting it right.

If you are contemplating giving someone the right to manage your affairs while you are overseas or due to age or other circumstances, we can advise you of your rights and assist you in making an adequate Power of Attorney, thus avoiding the possibility of the Protective Officer or Guardianship Board becoming involved with your affairs.

An enduring guardian is someone you choose to make personal or lifestyle decisions on your behalf when you are not capable of doing this yourself. By signing an Enduring Guardianship form you avoid the potential of involving the Guardianship Board, contact us today to discuss your options.

BUSINESS AND COMMERCIAL

The conduct of any business is an increasingly complex undertaking. Proprietors must cope with the changing requirements of government and with an often difficult commercial environment.

We can help you deal with many of the obstacles which you face. The areas in which we can assist you in business and commercial matters include:

  • Purchase and sale of business, including contract negotiation
  • Effective structuring of your business
  • Franchising
  • Local Government regulations & requirements
  • Conduct of commercial litigation
  • Negotiation and drafting of agreements
  • Negotiation of commercial leases and retail leases.
  • Intellectual property advice including, confidential information, business name and trade mark protection
  • Taxation including Capital Gain Tax and Goods and Services Tax
  • Mediation of disputes
  • Employment Law
  • Corporation and Trust Law
  • Trade Practice requirements
  • Privacy Legislation
  • Preparation of trading terms.

Your enquiries concerning business problems and advice can be directed to our Accredited Business Specialist.

NOT FOR PROFIT LAW

Not-for-Profit organisations face a range of challenges including complying with government regulation and ensuring a high standard of governance. We have extensive experience assisting not-for-profit organisations in:

  • establishing associations and companyies limited by guarantee
  • drafting constitutions
  • applying for Income Tax Exemption Status and Deductible Gift Recipient Status with the Australian Taxation Office
  • Understanding the obligations and liabilities of directors and officers
  • Complying with privacy legislation
  • Developing child protection policies
  • Dealing with complaints and disciplining members

ELDER LAW

Aging presents a variety of opportunities and challenges. We can assist you in making the most of those opportunities and working through the challenges by:

  • assisting you with establishing and managing your self managed superannuation funds
  • entering a retirement village, nursing home, hostel or other assisted accommodation contracts
  • setting up testamentary trusts
  • preparing powers of attorney
  • preparing enduring guardianship
  • applying to the Guardianship Tribunal for appointment of a guardian

TECHNOLOGY LAW

Technology is impacting our lives in many ways and as the technology changes and evolves so does the law regulating it. We can assist you in keeping up with these changed and advise you in relation to:

  • how to protect the software you have developed
  • outsourcing agreements
  • escrow agreements
  • protecting your databases
  • confidential information trade secrets
  • employment agreements for key employees
  • assignment of copyright agreements
  • restrain people infringing the intellectual property in your technology

EMPLOYMENT LAW

Few areas of the law have changed so significantly in recent years than employment law. With more changes foreshadowed by the Federal Government we can advise you in relation to:

  • employment contracts
  • employment restraints
  • workers compensation premiums
  • occupational health and safety
  • privacy
  • monitoring of employments
  • termination of employment and unfair and unlawful dismissal claims
  • annual leave and long service leave
  • sub-contracts