FAQ

Here are some Frequently Asked Questions (FAQ) and their answers that are based on questions our staff are commonly asked. If you have any further questions, please do not hesitate to contact us.

General FAQ

How do I get to Aubrey Brown?

From Westfield Tuggerah turn right onto Wyong Rd. Follow Wyong Rd until the intersection at Bryant Drive and Reliance Drive. Take a right onto Reliance Drive. Turn left onto Colony Close. Aubrey Brown is located on the corner of Reliance Drive and Colony Close. Use the client parking assigned on the second driveway on the left in Colony Close. To see more detailed directions from other directions visit our contact us page and use the map.

Where can I park at Aubrey Brown?

There are reserved car parks for clients on the second driveway on the left of Colony Close, Tuggerah Business Park. Street parking is also available on Colony Close and Reliance Drive, Tuggerah Business Park.

Why do I have to explain my matter to the receptionist, the support staff and the solicitor?

The receptionist requires enough information to determine who you need to speak to. Aubrey Brown has several different legal departments so we need to know where to direct your call to. You only need to give the receptionist information on what your matter relates to or whom is dealing with your matter. You do not need to explain the matter in its entirety to the receptionist. The support staff often assist and complete work on your legal matter and this is why they may require information on your matter from time to time.

What do I need for my 100pt check?

Often we are required to legally identify our clients using the 100pt check during a transaction. The 100pt check means we need to see 100 points of identification. Primary documents such as a birth certificate, a birth card issued by NSW Registry of Births, Deaths and Marriages, a citizenship certificate and a passport are all worth 70 points. Secondary documents including a drivers licensed issued by an Australian State or Territory, a Roads and Maritime Services photo card, an ID card issued to a public employee or issued by the Commonwealth, a State or Territory Government or an ID card issued by a tertiary education institution all qualify for 40 points. These must have both your name and a photo on it. A marriage certificate, credit card, EFTPOS card or Medicare card qualify for 25 points. These must have your name and your signature on them. Records of public utilities, records of financial institution, lease and rental agreements and rent receipts from a licenced real estate agent also qualify for 25 points but must have your name and address on them. For further information on what documents may qualify for this check, please call us.

Do Aubrey Brown have accredited specialists?

Aubrey Brown has accredited specialists in criminal law. Kevin Pearce and Ryan Finch are both accredited specialists in criminal law and have many years of experience.

What legal services do Aubrey Brown offer?

Aubrey Brown offers services in Commercial Law, Litigation, Commercial Litigation, Estate Planning, Wills & Probate, Property Conveyancing, Family Law, Dispute Resolution and Criminal Law.

Why should I select Aubrey Brown over other lawyers?

Aubrey Brown offer expert legal services in a number of departments meaning our services are tailored to your needs. Senior lawyers lead each department and are backed up by a strong and dedicated support and administrative team. We are a full service practice which means we can meet a range of legal needs with expertise and efficiency.

Litigation

Should I wear a suit to court?

It is not necessary, but preferable. Certainly come to the court well dressed.

What do I call the magistrate?

Magistrates and judges are called ‘your honour’.

Which courts do Aubrey Brown appear before?

Aubrey Brown appear in all Courts including Wyong Local Court, Gosford Local Court, Woy Woy Local Court, the District Courts, the Supreme Courts, the Federal Courts, the Family Court and various tribunals.

Estate Planning

What is estate planning and why should I be concerned about it?

Estate Planning involves asset protection, structuring affairs to grow your assets and controlling distribution of assets during life and death. Aubrey Brown are the only legal practice on the Central Coast to offer specialised advice in this area of law. Everyone should be concerned about estate planning since every person has some form of estate and they should aim to protect this and ensure their families get the best value for their estate when they pass. If you pass away with no estate plan, assets will be distributed according to State laws and not according to your wishes.

Wills & Probate

Why should I have both a Power of Attorney and an appointment of Enduring Guardian?

A “Power of Attorney“ is a legal document you can sign to appoint another person (called your attorney) to make legal decisions including financial decisions on your behalf . He /she/they can do everything you can do legally (except vote, make a Will or a power of attorney). For example, he/she/they can deal with banks, Medicare and Centrelink and sell and buy real estate. This power can therefore be used if you are travelling, or if you temporarily or permanently do not have the capacity to make these decisions yourself. Your Attorney cannot make lifestyle decisions for you. They cannot determine where you live or what health care and other personal services you receive. Only your Guardian has the power to make these decisions on your behalf but unlike an Attorney, a Guardian can only make those decisions if you are unable to make those decisions for yourself.

What do I need to bring to my appointment to see a wills and estate lawyer?

Bring anything relevant to financial questions.

What will happen to my estate if I do not have a will?

If you die without a will you are said to die intestate. A suitable administrator will be appointed to begin with. The Supreme Court of NSW will make this appointment. This may vary from who you would chose if you had written a will. An administrator’s duties involve collecting and distributing assets, paying any debts and taxes and arranging the funeral. The assets will be distributed according to intestacy legislation enacted in NSW. This legislation states what portion of an estate a next of kin will inherit. Intestacy laws vary from state to state.

Commercial Law

Should I use a solicitor to buy or sell a business?

While you may not need to have a solicitor you should consider using one since such a transaction can have significant legal consequences if not dealt with properly. A solicitor can advise you on the transaction and ensure that your interests are protected and that the transaction runs smoothly.

If I am starting a business, what type of business should I chose?

There are several types of business structures a business may choose from including partnerships, companies, sole tradership, trading trusts etc. The type of business you chose may depend on a number of factors including start-up expenses, profit, liability, taxation implications and succession. For example, whilst a partnership may be beneficial for succession of the business and profit sharing, it does not have limited liability like a company does. Another implication is that tax is paid according to personal income rates rather than the company flat rate. There are a number of business types and choosing one can be a complex and significant matter. You should consider discussing and seeking advice from a lawyer on this matter.

As a director of a company am I liable for company debts?

Companies have limited liability. This means that if the company owes debts or goes into liquidation, a director is generally not liable for those debts personally (excluding insolvent trading, fraud and certain tax liabilities). However, a director does owe the company a number of duties (for example a duty to act in the company’s best interests) and if these duties are breached, a director may suffer legal consequences such as equitable compensation, civil penalties, disqualification and in some instances criminal penalties.

 

Family Law

How do I go about getting a divorce?

To apply for a divorce you must have been separated for 12 months. This can be proved by living separate for 12 months or by showing that although living together you were separate and apart during this time. After this time period you may apply for a divorce. It is best to get advice in regards to this, particularly if a considerable amount of time has lapsed or if children under 18 years of age are involved.

Can the court make orders about our children if we have not divorced?

A court can make orders regardless of whether you are divorced concerning both the parenting arrangements and property matters.

Criminal Law

If I have have lost my licence or been declared a habitual offender am I able to get a work license to drive to and from work?

No, the prohibition of driving does not allow for any work license.

What do I need to bring to my appointment to see a criminal lawyer?

Bring to the appointment the police fact sheet or information on what you have been charged with. You will usually receive this in the mail or it will have been given to you when you were released.

Can a criminal lawyer assist me with a speeding or traffic offence?

At Aubrey Brown, our experienced and Accredited Criminal Law Specialists, Kevin Pearce and Ryan Finch, can help you resolve your traffic law matter. Let our lawyers provide you with expert advice on any NSW or interstate road transport legislation and other related areas of law. We can assist you with speeding offences as well as other traffic offences including reckless driving, dangerous driving, driving whilst suspended or disqualified, drink driving and more.

Property Conveyancing 

Is it more cost effective to use a conveyancer rather than a solicitor?

Using a conveyancer over a solicitor does not necessarily mean it will be cheaper. A solicitor and a conveyancer will both have a high level of knowledge on conveyancing. A solicitor however has the legal knowledge to deal with complex sales and if there are other legal issues surrounding the sale but not strictly to do with the conveyancing, a solicitor will have the knowledge to deal with this. Further, because we are a full-service law firm, we can offer you advice on a range of legal matters which may come up in connection with your conveyancing matter, or generally.

Do you offer residential and commercial conveyancing?

Aubrey Brown can offer you services in both residential and commercial conveyancing on the Central Coast or in NSW. Our Property Conveyancing Team will take care of your residential conveyancing matter while our Commercial Team will handle your commercial conveyancing matter.

Dispute Resolution

Can I resolve a matter out of court?

If your matter is civil and not criminal, you may be able to resolve your matter out of court using alternate dispute resolution, mediation, collaborative law or arbitration. At Aubrey Brown Lawyers, we have lawyers trained in mediation, collaborative law and arbitration to offer our clients the ability to select the most appropriate means to resolve any disputes that they are involved in. These methods are often more cost effective although depending on your matter these may not always be the best option. We can advise you in relation to all options available to resolve your matter.

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