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Legal disputes are resource consuming distractions to any business. We pride ourselves on our ability to provide realistic and easy to understand advice even in the most complicated of disputes. We do not lose sight of the fact that litigation in most instances is very expensive.

At Berwick Legal we are highly experienced in commercial litigation matters. We have successfully dealt with disputes of all sizes. We manage litigation matters in the Magistrates’ Court, County Court, Supreme Court and Federal Court.

Our focus is to obtain the best possible outcome for our clients, whether that requires us to institute proceedings to advance legal claims on our clients' behalf, or to successfully defend our clients in proceedings instituted against them. Berwicklegal’s approach is to avoid litigation unless circumstances dictate otherwise. Our focus is on finding fast, effective solutions to disputes whilst achieving the best results for our clients for the least cost. Each client has special needs which we acknowledge and if litigation is the best means available to resolve the matter, then, this approach will be adopted. At all times we are working in our clients’ best interests whether acting for plaintiffs or defendants.

Whether the dispute arises from a debt, business structure, breach of commercial agreement, or is a property the needs are similar – focused lawyers who understand the issues and are attentive to clients’ needs.

Are there alternative options other than litigation?

  • Alternative Dispute Resolution – a body that enables the tidy resolution of disputes without the expense and time of Court.
  • Ombudsman – bodies within various commercial realms that seek to assist with issues against various government departments or statutory bodies.
  • Tribunals – or commissions that investigate, adjudicate and enforce rulings. We can appear for you in front of these bodies and help prepare your case.

We have expertise in areas including:

Disputes arising from business structures

  • Shareholdings in private companies
  • Partnerships
  • Franchises
  • Sale and purchase of business

Disputes arising from breaches of commercial arrangements

  • Licence agreements
  • Distribution agreements
  • Manufacturing agreements

Commercial debts

  • Recovery of non-disputed debts
  • Instigation or defence of proceedings for disputed debts
  • Enforcement of judgment debts
  • Winding up proceedings
  • Bankruptcy proceedings

Property

  • Enforcement of leases and licences
  • Infringement of property rights
  • Damage or misuse of property.

For more information please contact us

Commercial Property Acquisition & Leasing at Berwick Legal

Berwick Legal provides a broad range of legal services in respect of property, including commercial, industrial, residential development and retail properties. We advise on the commercial deal, due diligence, financing, construction, stamp duty and tax issues. The right advice on these issues is fundamentally important and can add value to a successful transaction.

Increasingly, there are legislative and regulatory issues that need be considered. There are environmental and planning issues to be taken into account, development restrictions, council requirements, usage limitations, contaminated land, EPA and pollution regulations. Relevant legislation may include Retail and Residential Tenancies legislation. The properties may differ, but the needs are similar – focused lawyers who understand the issues and are attentive to clients’ needs.

Our lawyers have expertise in areas including:

Managing your own commercial property

Berwick Legal can assist you in managing your own property by preparing the lease agreement, disclosure statements, assignments etc. so that you can manage your own property and save the 7-8% annual management fees charged by most agents. This can lead to substantial savings over the period the lease agreement.

Commercial/Industrial/Retail

  • Acquisition or sales
  • Development
  • Leasing or licensing
  • Refurbishment
  • Permits and usages
  • Compliance with government regulations
  • Subdivisions

Residential developments

  • Acquisition and financing
  • Sale by multi unit or single unit
  • Refurbishment and construction
  • Development projects
  • Usage and permits
  • Subdivisions

Construction

  • Preparation and negotiation of construction contracts
  • Resolution of construction disputes

Goods and Service Tax and application to property transactions

  • Taxable supplies
  • GST-free supplies
  • Input taxed supplies
  • Margin scheme
  • Transitional issues

General

Within the property area we provide a full range of legal services – dispute resolution and litigation, industrial relations, commercial negotiations and agreements and commercial advice.

Solicitor's certificates - Fast, independent legal advice for borrowers and guarantors.

If you're borrowing money or guaranteeing a loan and need independent legal advice.. We can help.

The implications of being a Guarantor

Before you sign any documents as a guarantor, you need to understand that:

  • if you don't want to borrow the money yourself, don't go guarantor – because you will be the person paying if the borrower is unable or unwilling for any reason to do so; and
  • giving a guarantee or an indemnity involves considerable risk. This risk includes losing property and other assets. Giving a guarantee requires very careful consideration.

What we offer

Please contact us to arrange an appointment for us to review your documents. If everything's in order we will issue a certificate to the lender.

Please bring:

  • all of the documents that the lender has sent to you including brochures; and
  • photo identification

It is very important that you do not sign any documents before the consultation.

We understand you may need our services on an urgent basis and we will endeavour to assist you where possible.

Why you might need a solicitor's certificate

  • You wish to be a guarantor of a loan
  • Some guarantors have been able to avoid their obligations under a guarantee as a result of, for example, claiming that they did not know what they were signing, or that they were forced to sign a guarantee. As a result, many lenders now require guarantors to obtain independent legal advice and a solicitor's certificate, or a solicitor to act for and be the witness of the guarantor.
  • You are borrowing funds that are payable upon your death
  • Some lenders now offer loans to senior citizens which are only repayable upon the death of the borrower, the sale of the property over which the loan is secured, or in other limited circumstances. Such lenders may require the borrower to obtain a solicitor's certificate of independent legal advice prior to advancing the funds.

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