Conveyancing & Property Law

Buying and selling a property can be both exciting and stressful. At Halyburton Legal, we strive to minimise the challenges and guide our clients through some of the biggest transactions of their lives. Our team of professional staff are available to assist you through every stage of buying and selling. We understand that some of the legal language and procedures can be confusing so we carefully explain the conveyancing process in plain English to ensure our clients are fully informed and feel relaxed from the beginning to completion.

Our solicitors are also experienced in other aspects of Property Law, not just conveyancing, including commercial leasing, easements, caveats, and subdivisions. 

Buying & Selling Businesses

Like property conveyancing, buying and selling a business is a big life decision. We get it! You spend years building a business and we know it’s important to ensure the sale process is smooth. Or, you’re starting out in a new venture that you want to see flourish and succeed.  We do too!  We can help you navigate buying or selling and all the important decisions that need to be made along the way.

Family Law

We understand that the breakdown of a relationship can be devastating and cause considerable stress.  We appreciate that acting for clients who are navigating the “disentangling” with another person requires compassion, patience, understanding and a listening ear.  Our family law lawyers are very experienced at resolving family law matters either through negotiated settlement or court proceedings.  While we provide excellent legal representation to our family law clients, we also offer support and genuinely care for our clients in what is a difficult time in their lives.

Wills & Estates

We cannot stress enough the importance of having a will. To ensure your assets are distributed to who you want to have them when you pass away, you must have a valid will. Your will also includes the appointment of your executor who will administer your estate – an important role and one that would be best that you choose. Our solicitors are very experienced in drafting wills to cover all sorts of family and asset structures from simple wills to complex wills incorporating testamentary trusts. 

On the other side, we are also very experienced in acting for executors on the administration of estates including applying for Grant of Probate (where there is a will) or Letters of Administration (where there is no will). We assist and support executors as they carry out the tasks required of them to ensure the estate is administered and distributed in accordance with the will and the law. We are also very experienced in estate litigation – that is, where a person makes a claim against an estate when he or she claims they have been left inadequate provision – whether acting for the executor  or for the claimant. If you have been left out of a will, or feel the provision is inadequate, we invite you to have a discussion with us to determine whether you have a case worth pursuing against an estate.

Power of Attorney & Appointment of Enduring Guardian

While your will covers what is to occur once your pass away, it is important to plan for the possibility of you being incapacitated either physically or mentally during your life.  A Power of Attorney documents the appointment of someone to make decisions about your property and finances in the event you are incapacitated.  An Appointment of Enduring Guardian documents the appointment of a guardian to make lifestyle and medical decisions for you if you are unable to make those decisions yourself. Our solicitors are able to assist you with advising, preparing and witnessing these documents to ensure you are well prepared for the uncertainty of life. 

Criminal Law

We regularly appear for litigants in the criminal jurisdiction and are here to assist you, should you find yourself involved in criminal court proceedings. Having to attend court can be a confronting and upsetting process, particularly if you have not been in trouble with Police before or given evidence at court. We will listen to you and provide advice on your options throughout the matter. We will answer your questions on court procedures and represent you at court.

Apprehended Violence Orders & Apprehended Domestic Violence Orders (AVO’s)

Whether it be in the context of a family law dispute, neighbourhood dispute or some other area, we will provide tailored advice regarding your private application or defence of an AVO.

AVO’s are a court order civil in nature but a breach of an ADVO is considered criminal and can lead to police laying charges and severe penalty.

AVO’s can be complex. The restrictions in an AVO do not apply to both parties. Only the Respondent’s behaviour is restricted and this can easily lead to tricky situations. It is therefore best to obtain independent legal advice before agreeing to a final AVO.

Civil Claims & Debt Recovery

We can assist you in neighbourhood disputes, requesting payment or refund of payment and other civil claims. It is usually best for these types of matters to be resolved by the parties however we can assist this process by informing you of your rights and obligations. Should resolution not be reached between the parties, we can offer suggestions and advise you of relevant mediation services etc. Alternatively, we can write to the other side on your behalf. Often a matter can be resolved quickly and cost effectively via a solicitor’s letter of demand or letter of offer, followed up with terms of agreement drafted by the solicitor and signed by the parties that protects the parties from further claims in relation to the dispute. An application to the court is usually a method of last resort, primarily due to the financial costs involved, the time delays and its’ arbitrary nature. If court proceedings are required, we will represent and assist you. This includes drafting court documents, entering into negotiations and attending court with and for you.

Driving matters at court

Sometimes you may require our assistance in driving matters. We understand that to many of us, a drivers licence is essential to meeting our everyday commitments. We can provide advice and attend court with you in relation to civil traffic offences for example, running a red light, and licence appeals as well as criminal offences such as drink driving.