We are here to help you with your questions. If you need more information than provided below please give us a call!
Don’t hesitate to ask, and don’t be afraid!
Our team receives numerous questions on a daily basis, ranging in all areas. However, it’s important to remember that there is no such thing as a silly question.
What is the difference between a lawyer and a solicitor in Australia?
Both refer to legal professionals who provide legal advice and representation. However, a solicitor holds a certification from the State law society.
Why do we use different terms at all?
The Australian Legal System is a mix of British and American influences. In the United Kingdom, the term lawyer is not used widely at all, and the term solicitor is well known and used to describe a legal advisor that provides general legal advice and services to clients. The UK uses the same distinctions between Solicitors and Barristers as that used in Australia, and the work done by each is generally the same.
In the United States, the term lawyer or attorney is used to describe legal advisors, and rarely do you come across the term Solicitor (reserved for government lawyers). Equally, the US has no distinction between a Barrister and Solicitor, instead, all who practice law are referred to as Lawyers or Attorneys-at-Law.
It would be remiss of us not to mention the biggest influence on legal terminology on Australia (and the World), which is Hollywood! Many of us have grown up hearing the terms ‘lawyer’ and ‘attorney’ coming from movies and TV shows, so it is not surprising that the American terms become commonplace.
Our experienced team, led by Solicitor and Principal, Jeanne Stokes, brings an understanding of contemporary legal services, combined with a genuine commitment to achieving the best outcomes for our clients.
Whether you require assistance with property or business conveyancing, commercial leasing advice, wills and powers of attorney, or deceased estates, the team at Malanda Law has the skills and experience to support you on your legal journey.
Should I choose a solicitor or a conveyancer?
The choice between a solicitor and a conveyancer depends on the complexity of your property transaction. Solicitors have broader legal expertise and can provide general legal services including complex property transactions, while conveyancers specialise in property law only. At Malanda Law, we offer the best of both worlds with conveyancing matters delivered by our experienced conveyancing team with oversight from a fully qualified solicitor.
Whether selling a unit, buying a home, investing in property, or purchasing land, Malanda Law offers streamlined, high-quality, competitively priced conveyancing services to suit your needs.
- Hassle-free timely results – every time.
- Clients remain updated from contract signing to settlement.
- Support from our experienced conveyancing team.
Is it advisable to create an online Will?
There are more websites today offering online Will services which boast convenience and cost-savings, some even using Artificial Intelligence (AI), however, it is crucial to exercise caution before moving ahead with these options. Creating a Will involves legal complexities and needs to properly reflect your individual circumstances. Sadly, errors with online Wills can create unintended consequences for your loved ones with major impacts on the distribution of your estate.
A legal Will secures your future and protects your estate, and the laws are quite complex.
At Malanda Law, we can guide you through this process with care, compassion, and understanding. If you are considering creating an online Will, we urge you to speak to a solicitor and conduct some research before making this major decision.
What distinguishes a Will from a Trust in Queensland?
In Queensland, a Will is a legal document that outlines the distribution of your assets after your death, which takes effect upon your passing.
A Trust, on the other hand, is a legal arrangement where a trustee holds assets for the benefit of beneficiaries.
Trusts can take effect during your lifetime or upon your death, offering flexibility in managing your assets and providing for your loved ones.
What do all the conveyancing terms mean? From Cooling Off to Fee Simple, Time of the Essence and everything in between, there are so many terms to understand.
We know that conveyancing can be daunting, and these transactions are high-stakes processes for all involved.
At Malanda Law we want our clients to be informed every step of the way, and that is why we’ve developed the “A to Z of Conveyancing in Queensland”, a handy guide which explains the most common terms and meanings in one document.
Take a look at the “A to Z of Conveyancing in Queensland” or contact the team at Malanda Law who will guide you through your next property or sale with confidence and ease.
Why use a conveyancer?
Conveyancing is becoming more complex and time consuming.
Electronic conveyancing is now mandatory in Queensland. It offers the convenience of less paperwork, same day transfer of sale funds and property title. Completing settlement electronically is carefully regulated and only available to licensed practising lawyers.
However, if one of the parties decides to self-act in their sale or purchase, settlement electronically is no longer an option. Settlement must take place manually, the paperwork multiplies, the Seller’s sale proceeds take three (3) business days to clear and title of the property takes much longer to register into the Buyer’s name.
We understand that most people are busy with the practical matters that come with buying or selling. They are relocating, packing, or concentrating on their investment portfolio, so why not trust the conveyancing to a trusted legal team?
Why should I seek a pre-contract review with a qualified legal practitioner or conveyancer before signing any contract related to property law?
The law surrounding property transactions can be complex and nuanced. If you haven’t studied law or are not confident in its application, it is highly recommended to consult with a qualified legal practitioner or conveyancer before signing any contract. Seeking a pre-contract review ensures that you have a professional assess the terms and conditions of the contract to protect your interests and rights. By doing so, you can gain a clear understanding of the legal implications and potential risks associated with the contract, allowing you to make an informed decision.
How does the perspective of a first home buyer differ from that of a savvy investor when it comes to property transactions?
The perspective of a first home buyer and a savvy investor can vary significantly in property transactions. First home buyers often have specific needs and concerns, such as accessing government grants, understanding mortgage options, and navigating the overall buying process. On the other hand, savvy investors typically focus on factors like potential return on investment, market trends, and long-term profitability. Each perspective brings unique considerations, and it’s important to approach property transactions with an understanding of your specific circumstances and goals.
What are Standard Form Contracts, and why is it important to be aware of them in Queensland?
In Queensland, most contracts for the sale of units, houses, and vacant land are Standard Form Contracts. These contracts come with pre-set terms and conditions that govern the rights and obligations of each party involved. It’s essential to be aware of these standard terms because they provide a framework for the transaction and establish legal protections for both the buyer and the seller. While it is possible to modify these terms, it should only be done by a qualified lawyer before signing the contract to ensure that the agreed-upon modifications are enforceable.
Why is it critical to contact your lawyer or conveyancer before informing the Real Estate Agent or any other party about the satisfaction of a condition in your contract?
Once your contract is signed and moving towards the settlement date, it is of the utmost importance to contact your lawyer or conveyancer before informing the Real Estate Agent or any other party about the satisfaction of a condition. This step is crucial to protect your legal rights and interests. By consulting with your legal representative first, you can ensure that all necessary procedures are followed correctly, and the condition’s satisfaction is accurately assessed. Mishandling or prematurely confirming the satisfaction of a condition without professional guidance may lead to unintended consequences or complications in the transaction process.
At Malanda Law, we believe in empowering our clients with knowledge and helping them navigate the intricacies of property transactions. If you’re unsure about the implications of signing a contract, or have any questions related to property law, we’re here to assist you.
Contact us today
Schedule a consultation and experience the difference of having a dedicated and accessible legal team by your side. Let us provide you with the exceptional service and support you deserve, as we work together to achieve the best possible outcomes for you, your business, and our community.
We’re here to help you secure the future.
At Malanda Law, we help to demystify these complex legal matters and offer a welcoming environment where you can feel comfortable discussing your estate planning needs. With Jeanne Stokes and her team by your side, you can confidently navigate the complexities of estate planning and ensure that your loved ones are well taken care of.