Family & Defacto Relationships
Wallace Wilkinson & Webster specialises in all family law issues including matters relating to matrimonial property, parenting, same sex and de facto relationship matters.
Our expert lawyers can conduct informal negotiations and mediation to assist you in working towards a practical resolution, and we can represent you in Court if required.
If separation is to occur, it is important to understand your entitlements and options – with our extensive experience we can advise, represent and assist you to achieve practical, positive and sensible solutions in family law areas such as property settlements, parenting issues and child support agreements.
Conveyancing & Property Development
A significant focus of Wallace Wilkinson & Webster is devoted to the management of commercial leases, retail leases, conveyancing and other property-related transactions. We regularly provide legal services to clients involved in the purchase and sale or real estate, the leasing of commercial property, and other property transactions.
Our conveyancing solicitors assist clients who wish to buy, sell, lease or otherwise deal with residential or commercial property. Property transactions can be fraught with risk and by utilising the services of a conveyancing solicitor it is possible to minimise that risk. There is a substantial amount of legal work involved that our conveyancing solicitors carry out on our clients’ behalf – from preparation of leases, to contracts for sale of land, mortgages, caveats and other related property transactions. Our conveyancing solicitors will provide you with the conveyancing services that are required to negotiate your property transaction effectively.
Conveyancing is not limited to transferring legal title in a property from one party to another. Our conveyancing solicitors assist with the preparation of leases, and in relation to disputes and other property matters.
The conveyancing process can involve some or all of the following steps:
- arranging, advising and assisting with a strata inspection report if the property is part of a strata scheme
- assistance with the arranging of finance if necessary
- examining and exchanging the contract of sale
- advice regarding the payment of the deposit
- arranging payment of stamp duties
- preparing and examining the mortgage agreement
- checking if there are outstanding arrears or land tax obligations
- finding out if any government authority has a vested interest in the land or if any planned development could effect the property
- finding out any information that may not have been previously disclosed such as a fence dispute or illegal building work
- calculating adjustments for council and water rates for the property settlement
- completing any final checks prior to settlement
- attending settlement.
Commercial & General Litigation
We advise and represent clients in a variety of litigation actions.
Our legal experts represent businesses and individuals in all aspects of litigation, from taking steps to avoid court proceedings to the pursuit or defence of litigation.
We are well-equipped to handle litigation of any size or complexity and we are committed to the delivery of speedy and fair resolutions.
Our lawyers have wide experience and expertise in handling complex litigation matters in areas including banking and finance, commercial leases and contracts, employment disputes, medical defence litigation, insurance claims, planning and environment law and real estate litigation, among others.
We are specialists in the area of legal support for local government organisations.
Business & Commercial Law
Our lawyers are experienced in the provision of strategic legal advice for businesses and commercial enterprises engaged in the provision of products and services in Tasmania and throughout Australia. We regularly act for a range of commercial and corporate clients, ranging from small start up businesses to multinationals.
Whether you are running a small to medium local business involved in a commercial dispute, are in the process of buying or selling your business, or require legal advice relating to the negotiation and execution of a business contract, our business lawyers are able to provide tailored advice designed to fit your particular business circumstances.
An area of business law that we have particular experience in is in the sale and purchase of businesses.
Some other examples of our commercial and business law expertise includes representing clients in the following matters:
- negotiation of commercial leases;
- the creation of corporate entities;
- partnership and shareholder disputes;
- drafting and negotiation of intellectual property licenses;
- providing regulatory advice on government red tape;
- drafting contracts relating to the provision of cutting edge cloud computing technology;
- providing assistance in the termination of supply contracts;
- advising on exclusive distribution arrangements;
- representing clients involved in employee disputes;
- advising on directors’ duties;
- representing clients involved in mergers and acquisitions;
- providing advice and assistance in the development of complex shareholder agreements;
- drafting telecommunications services agreements for a range of services;
- representing both suppliers and customers of technology services;
- advising public listed companies engaged in significant commercial disputes.
Our business and commercial lawyers are ready to provide strategic legal advice on your business circumstances.
Traffic & Criminal Offences
We advise and act with respect to any criminal matters.
From Magistrates Court matters such as driving offences through to serious crime occasioning injuries or damage to persons, property or corporations offences, our criminal law team has the experience to achieve the best possible outcome for our clients.
In relation to driving offences it is advisable to seek legal representation. Our lawyers have experience in delivering both guilty and not-guilty pleas on behalf of our clients.
We able to prepare a defence that can produce favourable results. There is a considerable amount of work involved in preparing a high quality defence and it is therefore advisable to seek legal advice at the earliest stage possible.
In certain exceptional circumstances, it may even be possible to have the charges dismissed.
We have an extensive practice in insurance law matters.
We provide advice to a diverse range of clients on issues in respect of liability, indemnity, quantum or size of potential claims, legislative changes and third party recovery whilst remaining mindful of the commercial sensibilities in these matters.
Our lawyers have vast experience in conducting all types of civil liability and insurance claims and can provide advice and representation on a range of matters including public liability, property and fire damage, and to explore wherever possible, third party recovery.
Our clients are diverse and include:
- QBE, IAG/CGU, Suncorp/GIO as well as self-insurers including the Federal Group.
- Numerous small and large employers including Metro Tasmania, Hydro Tasmania and Aurora advising primarily in civil liability matters.
Bankruptcy and insolvency provide a unique set of circumstances for both individuals and companies, including debtors, creditors, liquidators, administrations and other relevant stakeholders.
Our solicitors are experienced litigators and have provided legal advice and representation to a range of parties embroiled in legal disputes where bankruptcy and insolvency are involved, including, for example:
- representing creditors with the preparation and service of statutory demand notices on defaulting debtors;
- commencing court actions on behalf of creditors with the intention of winding up defaulting debtors;
- acting for liquidators in the issuing of summonses for the public examination of directors and other relevant parties of insolvent corporations;
- acting for clients faced with possible bankruptcy or insolvent circumstances;
- obtaining judgments for significant monetary debts from Magistrates, Federal and Supreme Courts;
- commencing bankruptcy proceedings;
- enforcing judgments through the sale of property and the garnishing of wages;
- defending and prosecuting court proceedings for the recovery of monies;
- defending liquidators ‘unfair preference’ claims;
- obtaining orders for the garnishing of wages.
Employment and Workplace Disputes
Our solicitors provide advice and representation in relation to all employment and workplace relations matters, or simply for an update as to how the Fair Work Act 2009 and other employment legislation affects you and your business.
We understand the importance of developing human resources and workplace relations strategies that assist you to achieve your business and personal goals.
Our lawyers are experts in employment law and workplace relations and advise on, negotiate and implement awards and enterprise bargaining agreements in a range of industries. We also provide workplace training in relation to changes to legislation and how to proactively develop human resource strategies in line with changes.
Our specialists in industrial relations law appear in courts and tribunals on your behalf and we advise on matters relating to investigations by the Fair Work Ombudsman.
We have extensive experience in advising on employment and workplace disputes including termination of employment, industrial action, internal disciplinary proceedings and anti-discrimination issues.
Will/ Estate Disputes and Testators family Maintenance Claims
We have been taking instructions for wills, probate and powers of attorney for over 30 years, and more recently enduring guardians. A will is a most important document as it is the only time in your life that you may give away your assets to someone else for nothing.
It is important that the intended beneficiaries actually receive the gift contained in the will.
Wills need to be properly drafted and properly signed and witnessed. Otherwise, it may be that a deceased person’s wishes will not be carried out. We have extensive experience in disputes over wills and in particular are regularly involved in family provision matters.
Our lawyers are able to assist executors who are defending claims made upon a deceased estate by disgruntled relatives or spouses. On the other hand, we are also able to assist clients who feel they have not received a fair division of estate assets.
Apart from having a well drafted will, it is also important to be able to appoint a trusted family member or friend or associate as an attorney under a power of attorney. A properly drafted power of attorney will ensure reliability so far as financial decision making is concerned. A more recent development is the enduring guardian which appoints a family member or associate to make medical decisions (rather than financial decisions).
We recommend to most clients the need to have:
- a will
- an enduring power of attorney
- an enduring guardian
- a death benefit nomination in respect of superannuation fund monies
Medical Negligence is professional negligence by a health care provider.
An act or omission during treatment which falls short of the accepted standard of practice may constitute medical negligence.
Damage must be suffered by a person before they will have a viable claim.
Medical negligence matters are often difficult and some investigations may be necessary before advice can be given about whether a claim exists.
We aim to give you honest, upfront and practical advice.
If you don’t have a claim we will tell you. If you do then we will be frank with you about what needs to be done in order to proceed with it.
Workers Compensation & Motor Accidents
We have an extensive practice in workers compensation and personal injuries generally, including injuries suffered as a result of a motor vehicle accident.
In particular, we are one of Tasmania’s most experienced firms in dealing with all aspects of workers compensation claims.
Our lawyers have vast experience in conducting all types of personal injury claims with a strong emphasis on personal injury litigation acting for both defendants and plaintiffs in all relevant jurisdictions including the Workers Rehabilitation & Compensation Tribunal, the Motor Accidents & Compensation Tribunal, the Supreme Court of Tasmania, the Magistrates Court of Tasmania and the Federal Court.
Our clients are diverse and include:
- QBE, IAG/CGU, Suncorp/GIO and Guild Insurance as well as self-insurers including the Federal Group.
- Individual injured workers or those that have been involved in motor vehicle accidents.