Our Legal Fees & Services

Posted on 18/06/2014 by GEORGE HANNA

At GMH Legal we believe that client relationships matter more than time sheets which is why we offer a range of alternative fee arrangements to best suit your needs.

Our focus is on client service and establishing mutually rewarding relationships with our clients. We think that billing by the hour does not encourage the most efficient and effective delivery of legal services.

We strive to be innovative and eliminating the inherent inefficiencies of the billable hour means that we can focus on achieving the best possible result for our clients.

However, we do recognise that not all matters lend themselves to an alternative fee arrangement. That is why we offer a range of alternative fee arrangements, including straight time based billing if that is what works best for you.

We will work in collaboration with you to determine your specific legal requirements and then develop the most effective strategy and fee arrangement for your needs.

What we offer

GMH Legal can offer you the following fee arrangements, or a combination of these, as an alternative to time based billing. These options can be customised to suit your needs. No matter what fee arrangement you prefer, providing you with certainty by scoping and pricing our work upfront is our priority.

Fixed and value pricing

GMH Legal can charge you a fixed price for any matter. We will quote you a price and stick to it. If there is a change in the agreed scope of work, we will send you a variation detailing the new scope and the price for that change.

Value pricing is a fixed price that we agree up front with you that reflects your legal requirements and the service we provide. With value pricing you don’t pay for our time – you pay for the work we do and the value you receive.

This ensures you receive more value for your legal spend. Value pricing can also include fee incentives to achieve your goals and for results that exceed expectations. These incentives align our interests with yours, making your success our success.

Flexible retainers

With a retainer agreement, GMH Legal will charge you a fixed periodic fee for the provision of legal services. A retainer provides the budgetary control and certainty that hourly billing can’t.

We determine the periodic fee by calculating the average value of our services over the time taken to conduct the matter. A retainer means you know exactly what you will pay for the result you desire.

We will regularly review the terms of the retainer with you to ensure it remains fair to both parties.

Event-based pricing

GMH Legal can charge you a fixed price for each stage of a matter. We work with you to properly scope the matter, determine the stages involved and then agree a fixed fee with you for each stage.

Want to know more? Contact us to discuss how we can tailor a fee arrangement to best suit your needs.

George Hanna
Director Solicitor

Tel: (02) 9587 0458
Email: solicitors@gmhlegal.com

Homebuyer’s Guide to Conveyancing

Posted on 18/06/2014 by GEORGE HANNA

Buying your first home can be a confusing process, particularly when it comes to conveyancing.

Taking your first step on to the property ladder can be an exciting time.

But for those who have never been involved in a property purchase, the conveyancing process can often seem hard to understand.

What is conveyancing?

Conveyancing is the word used to describe the legal steps involved in buying or selling a property and is carried out by a legal professional or solicitor known as a conveyancer.

It includes checking the legal title to a property – that is, whether the house or flat is actually the vendor’s to sell.

It also includes arranging searches to highlight any potential issues that may affect your decision to buy it.

For example, a water and drainage search confirms whether the property is connected to the public sewers and mains water.

And an environmental search will highlight any contamination or flooding issues in the vicinity.

A conveyancer will also deal with payment between parties when the transaction completes.

Is it the same as surveying?

Conveyancing is not the same as surveying.

A survey is concerned with the physical condition of the property and is something that should be carried out by a professional registered with the Royal Institute of Chartered Surveyors.

A surveyor will check physical matters which could affect the value of the property, such as its structural soundness.

If you are getting a mortgage, your lender will usually send its own surveyor to the property to carry out a valuation.

However, this is not the same as a full-blown survey and you should instruct your own surveyor.

Why do you need a conveyancer?

Buying a house is one of the most expensive things you’ll do and the legal process can be very complicated.

As a result, you need someone to give you the right advice and this is what conveyancers are here for.

How much does conveyancing cost?

What you pay your conveyancer varies depending on the value of the property and the circumstances surrounding the transaction.

For example, if the property is a listed building or in a conservation area the legalities involved may be more complicated so the fee may be higher.

Conveyancers tend to offer a fixed fee for their work, but disbursements – the costs which a conveyancer pays on your behalf, such as searches and stamp duty – may fluctuate.

How long does conveyancing take?

If everything goes to plan, on average it takes approximately one to three months from the time you agree to buy or sell the property until you move in.

The biggest hold up is often waiting for confirmation of your mortgage offer.

So buyers would be best advised to get their mortgage arrangements in place from the outset.

How do you choose between companies?

As with any service it is always advisable to shop around for different quotes.

However, conveyancing tends to be competitive, so if you obtain a quote that seems too good to be true it probably is.

Any final advice?

Finally, as well as being an expert in property matters, your conveyancer should be approachable and easy to talk with.

Having direct contact with the person who is dealing with your case is always advisable, to help guide you through the process.

In my experience, the best way to find a good conveyancer is to get recommendations from family and friends who have been through the process. At GMH Legal solicitors, we assist our clients daily in their conveyancing needs, and are ready to assist you when the time is right.

Should you have a conveyancing question, call one of our solicitors on (02) 9587 0458

Shaping the future of strata living

Posted on 12/12/2012 by GEORGE HANNA

More than 50 years after the commencement of the world’s first strata title law in NSW, major reform continues with the release of a discussion paper for the public’s input to help shape new laws for the 21st Century.

Minister for Fair Trading Anthony Roberts has said that the government is now accepting submissions into the laws that would govern their future living and working environments.

More than one quarter of the state now owns, lives or works in one of more than 70,000 strata or community schemes worth an estimated $350 billion. The current strata laws are overly formal, old fashioned, complex and restrictive is how many view the current set of laws governing strata.

The discussion paper, Making NSW No 1 Again: Shaping future communities, follows a 3 month online consultation project by Global Access Partners (GAP) that generated 1200 comments and more than 600 suggested law changes.

The University of NSW City Futures Research Centre report, Governing the Compact City: the role and effectiveness of strata management also informed the development of the government’s discussion paper, as did decisions from the Consumer, Trader and Tenancy Tribunal (CTTT), and consideration of arrangements in interstate and overseas jurisdictions.

The new regulations aim to cut red tape and repetition, streamline and strengthen laws and remove anything that strangles good governance or inhibits necessary protections for people.

Almost three quarters of all schemes have 10 lots or less but all are compelled to elect a committee. Just over half of all lots in NSW are currently investor owned. In some schemes tenants make up all or the majority of residents and yet they have no voting rights and can’t attend committee meetings.

Around 60 percent of all schemes in NSW are managed by a licensed strata managing agent and it’s close to 100 percent in large and complex schemes. About one quarter of all disputes that come to Fair Trading are about the conduct of managing agents.

About 30 percent of residential strata schemes in the Sydney metropolitan area were registered more than 30 years ago. Many older buildings, some nearing 100 years old, have been converted to strata title.

Renewal or termination of schemes is an urgent issue in some developments. Urban consolidation demands will mean many low density existing schemes will need renewal, yet community and majority interests can conflict with those of the individual. Many buildings are not economical to keep repairing and maintaining. We need a fair and reasonable way of allowing schemes to be redeveloped in the best interests of the community.

The discussion paper examines development issues when schemes are established, as well as management issues that arise on a day to day basis during the life of a scheme.

The government intends to release an Exposure Draft Bill by mid-2013 and bring a final Bill to the parliament in the Spring session next year.

Elements of a Testamentary Trust

Posted on 14/10/2011 by GEORGE HANNA

Testamentary trusts are created in a will by a testator who bequeaths his or her property for the benefit of others called the beneficiaries. Testamentary trusts can either be express or non-express, but if a will is properly created, a testator’s intentions can be inferred from the terms of the will. By creating a testamentary trust, it enables a testator to control how their property will be divided upon their passing, and ensuring that their wishes will be fulfilled.

The requirements for creating a valid express trust have been part of the common law for almost 200 years and there must be “three certainties” present:

1. the intention to create a trust
2. certainty of the subject matter of the trust
3. certainty of the objects of the trust.

The intention to create a testamentary trust

It’s important to be aware that there must be a certainty of the intention for the creation of a trust, because even the transfer of property to another person can be viewed as a gift if a will was not properly formed. The courts when considering if there was an intention of a testator to create a trust, will usually look at the ordinary meaning of the words used in the will when forming their conclusion.

Certainty of the subject matter

In order for a testator to bequeath property in a trust, both the property and the entitlements of the beneficiaries must be identifiable, or the trust may be void due to uncertainty. If there is uncertainty in the testator’s intentions, then the law might form the view that there was no intention to create a trust.

Certainty of object

Usually when a person is viewed as an ‘object’, it generally carries negative connotations. However, in this context, ‘certainty of object’ means that there are identifiable beneficiaries. For a trustee to properly exercise their duties, the beneficiaries must be able to be clearly identified, or a trustee won’t be able to carry out the wishes of a testator. If there is uncertainty of who the beneficiaries of the trust are, then the courts will usually resort to the default legal position of disposing of the testator’s property to a spouse, child, and so on. So it’s fundamental that a testator when creating a testamentary trust, clearly identify their beneficiaries.

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