The lender should be under no illusions as to what the rights are that are conferred by the Caveat.

If the borrower does not repay the loan the lender cannot enforce a right under a Caveat as it would be able to do under a registered mortgage.

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A conveyancing solicitor is a solicitor who specialises particularly in the work related to transactions in property. There are two broad fields of conveyancing, the first is commercial. This relates to transactions in property for commercial entities which are buying or selling land, office space, factory space or retail locations. There can be any number of complications in relation to a transaction of this type. It can involve strata titles which means that there needs to be management of the relationship of the strata corporation with the unit that is being purchased, there can be land tax issues, capital gains tax, stamp duty and other taxes which apply to the purchase or sale of a property. There are also the considerations of council rates, water rates, rent, if there is a tenant and the rental bond. There need to be adjustments made for these amounts in some way in the settlement process. This can be quite complicated. There is also the need to ensure that the conditions written into the contract do not prejudice your interests in the transaction in any way, particularly if they have been drafted without your considerations in mind. A conveyancing solicitor can assist you with all of these things.

The other major field of conveyancing is the area of residential property transactions. These involve property being transferred between people who intend to live in the property as a home and different schemes of regulation surround the operation of this process. There could be the application of the first home buyers grant and some of the planning laws related to zoning of residential housing are different to what is used in the commercial property sector. Also, some very old properties can be subject to old system title or there may be encumbrances on the title such as caveats which prevent it from being transferred. For all of these reasons, it can ber very helpful to have access to a legal professional who can assist you.

If you are a selling a property you may need to adjust your expectations about what you can get for your property as a result of the reduction of the first home buyers grant because there will be less demand for your property on the basis that the first home buyers will no longer have the same level of buying support under the market which was there beforehand. For this reason, you may need to look at offering something extra for the same money to place your property more squarely in the correct place in the market to attract a reasonable spread of buyers. This may involve making adjustments to the contract which you will need to discuss with your solicitor.

If you are buying, you would probably expect that the price of properties under $750,000.00 would come down by at least the amount which the first home buyers grant has been reduced by. So you need to be careful to avoid overpaying for a property which is still based on a price from when the grant was supporting the prices of these types of properties.

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We have acted on both sides of the spectrum, advising employees of their continuing obligations to previous employers and advising employers of their rights.

The balance is quite fine as a person can usually not be precluded from earning a living while trade secrets that have been developed over time and at expense to a firm are a valuable asset that should be respected. Our law on Restraint of Trade has undergone many reviews by our Courts who tend to examine each case on its own merits.

A case we handled involved three employees getting together and deciding to open in direct competition with their boss. They had access to all customer lists and details, all suppliers and even had knowledge of the financing arrangements that were in place for the business. Because they intended operating from home they could undercut our client’s prices and effectively destroy its business that had been years in the making. One letter threatening Injunction proceedings put an end to the dreams of the trio at minimal cost to our client.

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Although our client had a criminal record his version sounded plausible. The evidence linking him to the crime was his DNA that police had found at the scene. They had arrested a suspect with the stolen car and had secured a conviction. That person confirmed that the actual perpetrator had hatched a scheme to “frame” our client using his DNA. With some work we were able to show that he could not have been at the scene of the crime and had been framed by acquaintances that he had made while in jail. Prior to the committal hearing we made representations for the charge to be withdrawn and as unusual as it seems the charge was withdrawn.

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In 1973 Derek qualified as a practitioner in South Africa where he practiced as a partner in a family practice which was originally founded by his father Hyme Ziman in 1932 in Pretoria, South Africa. Hyme Ziman practiced for many decades and eventually passed away in 2002 at the age of 94 as the oldest practitioner in South Africa at the time. Derek applies the same values and ethics to his practice in North Sydney today and has firmly established the same essential traditions and sense of dedication and commitment to the law which his father had.

In 1995 Derek emigrated to Australia with his wife and two sons. He has now accumulated over 14 years of experience in Australian law and business.

He re-qualified as a practitioner in New South Wales at the University of Sydney and was admitted in the New South Wales Supreme Court on 3 October 2003. Shortly after he was admitted to the High Court of Australia. He began his Sydney career with David Landa Stewart where apart from his own large following he handled a substantial portfolio of medical negligence matters. He was instrumental in having the firm enrolled as panel solicitors for some of the largest financial institutions in Australia and gained a thorough grounding in mortgage and property work. He also practised as a registered Migration Agent for some time. He was admitted a a Notary Public on 6 October 2009. He has worked with a series of high profile clients in the time since his admission and opened his own practice, Ziman and Ziman Solicitors in North Sydney.

1. Forgetting to Look at it each Year.

This is the most common mistake as, with the business of life we find that our situation changes frequently but that this may not be reflected in updates to our wills because something has happened like a marriage, a divorce, the birth of a child or the death of a relative and provision has not been made for this event in the will.

2. Forgetting the Residuary Clause.

Many wills do not include a clause stating what happens if there are assets left over after the estate has been distributed which can lead to confusion.

3. Not having Contingencies.

Sometimes life is unpredictable. Having contingencies for the death of someone else in the will or for other life events can help to give certainty if unpredictable things happen after you write your will.

4. Not having an appropriate substitute.

Sometimes people don’t have an appropriate executor when the time comes because they have moved overseas, are now on bad terms or there is some other reason that they are no longer available. If something like this has happened, it is essential to ensure that the executor in the will is changed to something appropriate.

5. Not understanding all the laws affecting wills.

Most people are unaware of the Family Provision Legislation in Most States of Australia which requires that a person making a will give adequate provision for their family in the will. This can lead to the will being invalid or at least open to challenge.

6. Being overly specific.

Sometimes specific dollar amounts are not useful because they are only relevant at a particular point in time. If you specify a particular dollar amount, it may become out of proportion by the time that it is in use.

7. Beneficiaries as Witnesses

This seriously undermines the authority of a will as it makes the signature capable of the accusation that it was obtained through fraud.

8. Not considering the personal

Sometimes a will is so focused on the financial aspects of the estate it fails to leave an intimation of the personal feelings of the person or the loved ones around them. This can be a serious mistake if it leaves the family of a deceased person not knowing their true feelings about them.

9. Holding back important information

Your lawyer is not a mind reader and is bound by their professional obligation to keep everything that you tell them confidential. for this reason, do not hold back any information which may become important in the drafting of your will even if to you it may seem embarrassing or trivial.

10. Rushing

Occasionally people do their estate planning in a very big rush expecting the worst to come about in a very short period. This can lead to mistakes in the estate planning process.

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