Buying or selling a residential or commercial property is a big decision and a significant matter for most people. Luna & Xia Lawyers offers many years of experience with property law and conveyancing in Victoria and have represented both buyers and sellers of property for all legal matters. This brings peace of mind to our clients.

Our experienced conveyancing solicitors can help you at all stages of Victoria property transactions whether you are buying or selling, including:

• Help with fully understand the issues involved in buying or selling property in Australia
• Advice for first home buyers
• Assistance with buying or selling at public auction/private treaty
• Information about the costs involved (including stamp duty)
• Advice for your Contract for Sale and Vendor’s Statement
• Advice in regard to the ‘cooling off period’ and deposits
• Negotiating terms and conditions for the sale or purchase of property
• Advice in regard to sale or purchase of vacant land, units, strata and community title, rural land and purchases ‘off the plan’
• Advice for meeting lender requirements
• Liaising with financial institutions in regard to deposit bonds, loans, mortgages and discharge of mortgages
• Title searches and land enquiries
• Help with execution of contracts and settlement

Our solicitors can also offer assistance in other property law matters, including:

• Help with the legal requirements for subdivisions and property developments
• Advice in regard to compliance with Foreign Investment regulations
• Advice in regard to commercial property, including leases
• Advice in regard to building contracts, owner builder issues and the Building Act
• Advice in regard to planning and environmental issues
• Advice and negotiation in regard to neighbourhood disputes including dividing fence disputes
• Representation in dispute resolution and litigation

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Our dispute resolution lawyers offer extensive experience in solving issues for clients in the most efficient manner possible. We take the time needed to fully understand our clients’ legal position and diligently seek favourable outcomes.

We offer practical and timely advice that has helped Luna & Xia Lawyers build a strong reputation in the legal profession.

Our team of lawyers offer mediation, conciliation and arbitration services across a wide range of industries, and our clients include individuals and businesses both large and small.

Litigation & Representation in Court

When it comes to litigation, Luna & Xia Lawyers strive to provide alternatives. In other words, litigation is always a last resort. However, we understand that in certain situations the Court room is unavoidable.

In these instances, a Luna & Xia Lawyers litigation lawyer is precisely what you need to feel reassurance that your matter is in the right hands.

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Luna & Xia Lawyers’ business and commercial lawyers can provide assistance for a range of commercial and business legal matters, including:

Commercial Law

• Legal advice if you are starting, buying or selling a business
• Advice in regard to business structures including partnerships, trusts and corporations
• Business name registration
• Partnership and joint venture agreements
• Lease agreements
• Guarantees and security documents
• Advice in regard to business management and administration
• Advice in regard to tax law including capital gains tax
• Advice for non-profit organisations and charities
• Lending agreements and the securities market
• Estate and succession planning
• Bankruptcy and debt collection
• Copyright and intellectual property law

Corporations Law

• Advice on legislative requirements, including corporate structure, governance and compliance
• Corporate mergers, acquisitions, joint ventures and sales
• Employee share and option schemes
• Corporate and commercial litigation in Court

Employment Law

• Employment contracts,
• Employee rights
• Unfair dismissal
• Confidentiality agreements

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Luna & Xia Lawyers’ business lawyers have the necessary skills and experience to advise you on the purchase or sale of a business.

We can assist you with business types including companies, partnerships, and trusts. Each party to a sale or purchase of business transaction should be independently advised by a lawyer and an accountant.

Luna & Xia Lawyers can help with:

• Business structures
• Contracts
• Lease terms
• Goodwill & valuation of business assets
• Tax considerations
• Liaison with financial institutions
• Transfers of liquor licences and poker machine entitlements
• Transfers of equipment licences franchising agreements
• Arranging due diligence searches and inspections
• Organising and attending settlement

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Luna & Xia Lawyers offers one of the easiest and most cost-effective ways to obtain a Will in the Doncaster area.

We can assist you with:

• Estate planning including drafting & updating Wills
• Applying for Probate
• Assistance with claims against Wills estates
• Estate administration
• Letters of Administration (in the event that a Will is deemed invalid)
• Supreme Court estate litigation

We always recommend keeping your Will up to date as it makes distributing your estate less stressful for your beneficiaries in a difficult time.

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Luna & Xia Lawyers can help you with the four types of Powers of Attorney used in Victoria:

• General Power of Attorney which appoints someone to make financial and legal decisions on your behalf for a specific period of time, for example, if you are overseas and need someone to manage your financial affairs while you are away.
• Enduring Power of Attorney (Financial), which is used to appoint someone to make legal and financial decisions for you in the event that you lose the capacity to make those decisions yourself.
• Enduring Power of Attorney (Medical Treatment), which is used to appoint someone to make medical treatment decisions on your behalf if you cannot make them yourself.
• Enduring Power of Guardianship, which is used to appoint someone to make personal and lifestyle decisions on your behalf such as your living arrangements if you have lost the ability to make decisions for yourself.

Who can make a Power of Attorney or Guardianship?

Anyone over the age of 18 who has the capacity to understand the nature and consequences of the document, who makes the decisions in the document of their own free will and who can communicate clearly what those decisions are.

When should I make a Power of Attorney & Appointment of Enduring Guardianship?

Before you need them!  These documents safeguard your interests in the event of something unforeseen – an accident or illness that robs you of your capacity to make decisions for yourself. It is better to be prepared and confident in knowing that the person you choose will be making important decisions about your money, your living arrangements and your health.

When does it start?

For a Power of Attorney (Financial) it begins when you nominate that it should. Powers of Attorney (Medical Treatment) and Powers of Attorney (Guardianship) only commence when you are unable to make your own decisions.

Who should I appoint to be my Attorney or Guardian?

You need to appoint someone your trust to make the right decisions. With a General Power of Attorney and an Enduring Power of Attorney (Financial) you can appoint more than one person to make the decisions jointly.

What are the legal responsibilities of my Attorney?

They are legally responsible to you and must act in your best interests. While you have mental capacity they must obey your instructions. They cannot give gifts to themselves or to anyone else unless you specifically authorise this and they must keep their finances and money separate from yours, keeping accurate records of all of their dealings with your money.

Who should I talk to about it?

It’s really important that you discuss these documents with a lawyer who can give you professional advice about your particular circumstances. It’s also vital that you discuss your wishes with your family to avoid unnecessary conflict and stress.

Do I need a witness?

Yes, these documents need to be witnessed by a person with statutory authority such as a solicitor or Notary Public.

Can I change my mind?

Yes, as long as you still have the decision making capacity to do so you can revoke or change these documents. This has to be done in a legally binding way, however, so please seek legal advice.

Contact us to find out more or to arrange an appointment.

Luna & Xia Lawyers’ family law solicitors can provide assistance for a range of matters relating to family law and de facto relationships, including:

Marriage, De Facto Divorce Law

• Prenuptial agreements (prenups)
• Divorce in Australia including preparing and serving divorce papers
• Legal separation issues
• Annulment of marriages
• Spousal maintenance
• Property settlements
• Binding Financial Agreements
• Domestic and family violence and apprehended violence orders (AVOs)
• Family Mediation
• Legal aid for family law matters
• Legal representation at Family Court

Children’s issues

• Child support & enforcement of payments
• Parenting plans for child custody & visitation
• Parental rights, father’s rights and grandparent’s rights
• Guardianship of children
• Adoption
• Children’s Court

Contact us for more information or to arrange an appointment

Are you owed money that you would like to collect?

If so, you can take legal action to recover it with Luna & Xia Lawyers’ debt recovery lawyers. In certain situations, you can also recover your legal costs related to recovery proceedings.

Luna & Xia Lawyers’ can assist you with:

Preparing a Statement of Claim – used to demand either payment or defence of the matter within 28 days (after the Statement of Claim is served); and with
Entering Judgment against the debtor (when no action is taken within 28 days).

Once Judgment is entered, a number of procedures are available to enforce it. At Luna & Xia Lawyers our debt recovery lawyers can assist you with

Writs (seizure of goods to sell in order to repay the debt),
Examination Summons (requiring the debtor to attend Court to display how they will satisfy the Judgement), and
Garnishees Orders (whereby the Court can order a third party to pay money to a creditor instead of a debtor).

Bankruptcy

If an individual is declared bankrupt by the Courts, a Trustee is appointed to take control of the insolvent person’s estate in order to turn the assets into cash to distribute equally among unsecured creditors (those who do not hold security for payment of the debt). Secured creditors may commence debt recovery by disposing of the asset securing the loan (e.g. a bank would do this if mortgage payments are not made on a house).
Bankruptcy proceedings are handled in either the Federal Court or the Federal Magistrates Court, depending on the complexity.
Insolvency

When a company is declared insolvent the Court has the power to ‘wind it up’ and appoint a Liquidator, whose responsibility is to turn the assets into cash and distribute it in the order set out in the Corporations Act. The creditor and the liquidator firstly recover their costs, followed by certain entitlements to employees. The balance is distributed among unsecured creditors.

Winding up proceedings are handled in either the Supreme Court or the Federal Court. Luna & Xia Lawyers can assist you by filing an Originating Process. If the Court is satisfied that the company is trading insolvent, it can then appoint a liquidator.

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Trade marks and intellectual property assets have become increasingly important for businesses in protecting their brand identity. Whether trading locally or globally, it is necessary for businesses to differentiate themselves and be well equipped to protect and defend their brand.

Luna & Xia Lawyers’ intellectual property lawyers can provide assistance for a range of trade marks matters, including:

• Advising on trade mark selection and development
• Trade mark due diligence and searches of existing registrations
• Trade mark registrations
• Advice on use of trademarks
• Trade mark litigation
• Advice on trade mark infringements
• Applications for removal of trade mark registrations
• Opposing registration of accepted trade marks
• Managing trade mark portfolios and asset protection

Contact us for more information or to arrange an appointment