Business and Commercial

We are able to provide a range of advice to small, medium and large businesses about a whole range of issues pertaining to the establishment, maintenance and improvement of your business, no matter the size.

These include:

Conveyancing

We have decades of experience in all types of conveyancing transactions from suburban residential houses, to multi-level strata title units, to off the plan purchases and sales, to Old Law transactions, to purchases and sales of farm land and vacant rural properties.

These include:

Criminal Law

Being charged with a criminal offence can be a harrowing and unnerving experience. With the right advice, sometimes a trip to Court can be avoided altogether. For many years we have represented people charged with offences from relatively minor Magistrates Court matters through to extremely serious Supreme Court charges.

We can assist you in:

• Summary offences such as property damage, drink driving, burglary, shoplifting and minor assaults.

• Indictable offences such as armed robbery, aggravated assault, threats to kill and other serious offences.

Debt Recovery

We have been recovering debts on behalf of our clients for many years. In fact, for the past 25 years or so we have acted as the exclusive legal advisors for two of Victoria's most successful debt collecting agencies.

Our services include:

Estate Litigation
and Will Disputes

The law allows certain people who are unhappy with the contents of a Will to make a claim against the proposed distribution of a deceased Estate. These are often referred to as Testator Family Maintenance (TFM) or Part IV claims. Claims can also be made against the validity of a Will which can ultimately lead to a prior Will being declared the last valid Will of the deceased, or to an intestacy. In either case, both claimants and executors need to be aware of their legal rights and responsibilities.

We can assist by:

• Advising potential claimants of their right to challenge the distribution of an Estate and/or the validity of a Will.

• Advising executors of their responsibilities in so far as any challenge to a Will is concerned.

• Advising beneficiaries of an Estate as to what a challenge to a Will means to them.

• Advising claimants and executors of the merits of a potential or actual claim against an estate.

• Acting on behalf of a claimant in challenging the distribution of an estate including issuing proceedings, preparing necessary evidentiary material and guiding the claimant through the litigation process.

• Acting on behalf of an executor in defending the Will and the Estate against a challenge brought by a claimant.

• Negotiating an outcome satisfactory to a claimant or executor.

Family and De facto Law

Many legal issues arise when a relationship breaks down. In the most part disputes are about the care of children, and the division of property. However, quite often those disputes become emotional and complex, requiring knowledgeable and patient guidance and advice. We have extensive experience in a vast range of Family Law and de facto law matters (including same sex matters) from property cases involving millions of dollars worth of assets, to child welfare cases involving the care and welfare of the one thing that matters more then anything.

We can provide guidance and assistance in:

• Separation issues

• Divorce

• Property settlements

• Children’s issues including contact and residence

• Child support

Intellectual Property

Leases

The law pertaining to the leasing of real estate in Victoria is complex. Both landlords and tenants need to be fully aware of their rights and obligations at the commencement of a lease so as to avoid a costly and time consuming dispute later on.

For example determining at the commencement of the tenancy as to whether or not the prevailing retail leasing legislation will apply will be crucial in determining the rights and obligations which each party is entitled to enjoy on the one hand and will owe to the other party, on the other.

We have decades of experience and expertise in acting on behalf of both landlords and tenants in properties ranging from small offices and shops, to shopping centre leases, larger commercial buildings and warehouses.

We can assist by:

Litigation and
Dispute Resolution

Court disputes can be intimidating, costly and time consuming for unrepresented or poorly advised litigants.

For many decades we have represented private, business and corporate clients in a vast array of matters in Federal and Victorian State Courts. On countless occasions we have also negotiated successful outcomes for our clients prior to the issuing of legal proceedings, because we think that in most cases ending a dispute before it escalates is almost always a better use of your time and resources than engaging in lengthy and costly ligation. However, if court proceedings are required to be issued or defended then we are the people to have in your corner. We can assist in disputes by issuing proceedings to enforce your rights, and defending proceedings issued against you.

Our areas of assistance include:

Probate and Estate
Administration

Following the death of a loved one there are a miriad of legal and financial issues that need to be attended to. For generations Henderson & Ball has been a trusted advisor to people following the loss of family members or friends.

We can assist you by:

• Obtaining the original Will

• Advising the Executor as to his/her responsibilities in respect to the Estate

• Advising beneficiaries about their rights

• Applying for a Grant of Probate or Letters of Administration

• Dealing with assets such as real estate, bank accounts, shares and personal items

• Dealing with government agencies such as Medicare, Centrelink and Veteran’s Affairs

• Dealing with taxation and other financial issues

• Taking the stress and worry out of the whole estate administration process

Promotions Law

We understand that to develop and enhance a business brand takes time. We also understand that one of the best ways for a business to do that is to roll out advertising and promotions campaigns to increase sales on the one hand, and to build brand awareness on the other. We also know that with the world watching, the last thing that a business wants to do in any promotion is to make a mistake. That’s why at Henderson & Ball we have a team of dedicated promotions law gurus whose role it is is to ensure that the legalities of your promotion are fully covered and that your business reputation will be enhanced, not sullied, by the experience.

Whilst we are never slow, we are sometimes criticized for being pedantic in our approach to promotions law. We wear that as a badge of honour. The most important thing for us is to ensure that the reputation that you have spent years building is protected during the promotions process. Whether it’s drafting conditions of entry, artwork summaries or artwork reviews or covering any other element of your promotion, we like to think of our promotions law department as a “loophole free zone”. If that makes us pedantic, then that’s good enough for us.

Property Development

Property development is a complex and time consuming undertaking with very real traps for both first time and experienced developers alike. Mistakes can be easily made without considered, detailed and careful advice.

We have years of experience in large and small developments from two and three lot subdivisions to hundred-plus lot developments.

We can guide you through the myriad of relevant issues including planning, disclosure, off the plan sales, covenants, environmental, financial and taxation issues. We are able to assist you from the very commencement of your proposed development all the way to settlement of the sale of the final lot.

Property Services

Dealings with real estate are often complex. There is a vast array of legislation and regulations that are potential traps for the unwary.

We have decades of experience in guiding our clients through the maze of property law issues.

We can provide guidance and assistance in:

• Preparation of purchase and sale agreements including “off the plan” transactions

• Development of residential and commercial sites

• Retirement village transactions

• Local Government requirements

A property purchase is almost certain to be among the biggest investment decision you will ever make. Don’t leave it to chance or to those who offer to charge you the least. Instead, utilise our decades of property transaction experience.

Powers of Attorney

Trusts

There are a range of reasons why people decide to hold assets in, or transfer assets to a trust. These include taxation considerations and for asset protection purposes. However, it is often not as simple as a straight transfer of an asset to a trust or a declaration that an asset is now being held on trust. Rather, there are a number of legal and taxation considerations which must be taken into account to ensure that the desired outcome is achieved with a minimum of fuss and expense.

We can assist by:

• Preparing Trust Deeds and associated documentation

• Reviewing and amending Trust Deeds as required

• Advising you in respect to stamp duty and taxation consequences of trust transactions

• Ending a Trust

Wills, Testamentary
Trusts and Estate Planning

The last thing that most people want to do is to leave a legal and financial mess behind after they die. By putting your affairs in order and keeping your Will up to date you can ensure that your estate is dealt with according to your wishes, not according to the wishes of the State Government.

Sensible estate planning can consider a myriad of issues such as taxation consequences and asset protection for those who you most want to benefit. Why take risks with the assets that you worked a whole lifetime to create and cultivate?

We can assist you in:

• Preparing Wills

• Preparing testamentary trusts

• Advising on estate planning issues such as taxation, superannuation, succession planning and trusts

• Establishing family trusts