Andrew Lynn Lawyers

25/11/2024

With a large part of the baby boomers going into retirement and suffering visits to hospitals, there is pressure from medical administrators to get an enduring power of attorney and enduring power of guardianship. The power of attorney is really essential and especially when a carer is dealing with bodies like banks, Centrelink and other similar entities. The power of guardianship is generally used when a person cannot make decisions for themselves regarding medical care, accommodation and general personal needs. The forms are reasonably straightforward, but with powers of attorney particularly, be very cautious about who you give the power to.

12/02/2024

We are currently seeking a law clerk who is a 3rd or 4th year law student and may wish to go on and become a restricted practitioner. Please PM the firm at this page.

23/11/2023

We are currently experiencing a problem with our phone lines. We are working hard to restore the service but if you wish to get in contact with us in the meantime please email us on [email protected] or telephone Andrew's mobile on 0447747050. Thank you for your patience.

27/06/2023

04/04/2022

INTESTACY - Amendments to the Administration Act

'Intestacy' is where a person passes away without a will.

The legislation covering this area sets out a complex set of rules under the Administration Act which are designed to provide for the distribution of the estate in the absence of a will, which in most cases will involve a distribution primarily between the deceased's spouse and, where applicable, children. If there is no spouse or children, then the assets are distributed to the relatives listed in the legislation.

Currently, the legislation provides that where someone dies and leaves a spouse and no children, then the spouse receives the first $75,000 of the estate and thereafter the balance of the estate is and one half of the residue to the spouse and the other half to any surviving children.

The State parliament has recently passed legislation which will come into effect in the near future giving the spouse the first $400,000 of the estate and otherwise leaving one half to be divided equally between the spouse and the other half to the deceased’s children.

If there are no children then the spouse can receive the first $750,000.

This recognises the inequity arising from the threshold remaining unchanged for many years.

This highlights the need for a person to do a will to ensure that if they don't want all or most of their estate to go to their spouse, and to consider their options about how they want their assets to be distributed after they pass away.

Please note that here, 'spouse' includes a de facto spouse, a same s*x relationship and a spouse under marriage.

Also note that both marriage and divorce revoke a will and will generally require someone to do a fresh will.

Please contact our office to discuss what you may wish to do, or follow this link to find out more: https://andrewlynnlawyer.com.au/project/wills-and-probate/
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Photo by Melinda Gimpel via Unsplash

01/04/2022

RECENT DEVELOPMENTS REGARDING GUARANTEES

It is a common practice of many lenders to insist that a guarantor approach a lawyer and an accountant to get financial advice and legal advice as to the nature and effect of the guarantee that the lender is taking.

Previously, this has been on the basis that in taking advice from an independent lawyer and accountant about the guarantee, the lender will not have the guarantee challenged by the guarantor if it turns out that the circumstances surrounding the guarantee give rise to unconscionable conduct on the part of the lender.

In a recent case, a guarantor provided security for a substantial ‘Asset Backed Loan’ secured entirely by assets of the guarantor, and the lender did not appear to make any serious enquiry into the means or capacity of the guarantor to be able to repay a substantial loan.

If the borrower defaulted, then the guarantor could be called upon by the lender to repay the loan or have their assets taken to repay the loan. It was anticipated that as the guarantor’s lawyer and accountant had provided certificates to the lender outlining that they had properly advised him, the guarantor could not argue that he was not properly advised as to the nature and effect of the guarantee.

The High Court found that the use of the certificates from an independent lawyer and accountant may assist the lender in some circumstances, but the lender was still under a duty to consider the suitability of the loan which the guarantor was to guarantee as well as the borrower and the guarantor’s capacity to service or meet the debt from their income.

It can be anticipated in the future that asset backed loans will probably be more strictly administered and that more detailed inquiries will be made by the lender before giving a loan of this type.
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Photo by Scott Graham via Unspalsh

09/07/2021

Please be aware that we are currently having troubles with our office phone. In the meantime, you can reach us by phone at 0447 747 050 or by email at [email protected].

28/08/2020

The COVID-19 pandemic has had a huge impact on the lives of everyone, but have you considered the impact of COVID-19 on yourself or your business as a landlord or tenant?

This article seeks to explain what is happening in regards to COVID-19 and commercial leases, and what kind of relief is available at the moment and in the near future.

COVID-19 has had a huge impact on our lives, but have you considered the impact of COVID-19 on yourself or your business as a landlord or tenant?

31/03/2020

TEMPORARY CHANGES TO PRACTICE

Due to the onset of COVID-19, our solicitors will be working from home for the foreseeable future. If you have a matter you'd like to speak to us about, please phone our office on
08 9375 2353.

Our office is still open for appointments at the moment, so be sure to give us a call if you require one. However, if you or another member of your household has fallen ill or is experiencing fever and flu symptoms, please do not book an appointment with our office.

11/12/2019

Team Christmas lunch with lots of champagne 🥂🥂. Our office will close at 5pm on 20th December, 2019 and will re-open on 6th Jan, 2020. Wishing everyone a merry Christmas and happy new year 🎄🌟