Luchetti_law - Luchetti & Co

REVs and Personal Property Securities Register

2011-08-18T19:08:00.000-07:00

REVS is a business service provided by NSW Fair Trading which can tell you if a motor vehicle or boat you are thinking of buying is carrying a debt.

A National Personal Property Securities Register will exist from October 2011.
Australian businesses will benefit from significant changes to commercial law by bringing significant elements of commercial law under a single, national system that will focus on secured lending and purchasing.

If your business supplies or receives goods on retention of title basis or on consignment, bailment or lease you will be affected by this reform.

revs.nsw.gov.au

Landlord and Tenant

2011-02-01T19:51:00.000-08:00

Renting laws have been rewritten
New laws to deal with issues in the rental market and reduce the level of disputes started on 31 January 2011.

recognise longer-term tenancies,
the rights of co-tenants,
water conservation practices and
the impact of domestic violence on rental agreements.

More.. luchetti.com.au/newletter
Also in the newsletter:
Rising seas: Protecting the beachhouse
Wills: Can I change my mind?
Breaking the contract: When employee can’t just walk away

Changes to Residential Tenancies

2010-09-27T21:31:00.000-07:00

The changes in the Residential Tenancies Act 2010 are expected to reduce the level of disputes, by providing greater clarity and certainty. Included with other changes:
* Tenants get more time to move out
* Tenants can catch up on overdue rent by following an agreed repayment plan
* New process for goods left behind
* Faster rent arrears eviction process

fairtrading.nsw.gov.au/../Renting_laws_are_changing.html

Help the lawyer do a good job

2010-04-04T16:09:00.000-07:00

When giving your lawyer* instructions (the history of your matter) make sure you do these things:
(a) Focus on what you are trying to achieve. (Give full and clear instructions)
(b) Make notes before you meet and bring them to the meeting. (Be prepared)
(c) Show your lawyer any documents which you think might be relevant to the matter. (Be honest and lawful)
(d) Let your lawyer know if you do not understand anything said to you. (Ask questions)
(e) Keep notes of your meeting with your lawyer. (Keep your own case file)
(f) Think carefully about what your lawyer has said to you and make sure that the advice suits your circumstances.
(g) Trust your lawyer and follow their instructions.

Also let your lawyer know if the circumstances of your matter change, or if your contact details change.
Understand the fees and costs and keep in contact.
Do not hide details for fear of embarrassment it is important to let the lawyer know all the details upfront in order to give you accurate advice. Remember, your communications with your lawyer are confidential.
lawsociety.com.au/../Howtohelpyoursolicitor

* A lawyer (a USA word)is sometimes called a solicitor (a UK term). We are not sure which term is best and like most people we often swap them.

Retail Tenancy

2009-09-23T16:08:00.000-07:00

Retail Tenancy Unit (RTU) is a part of the NSW Department of State and Regional Development. Their site is designed to assist the retail leasing industry in NSW to prevent and resolve tenancy disputes. It also provides useful links to the major retail industry associations.
See the FAQ about retail tenancies deep in their infokit. Many of these answers have been provided by industry advisors and organisations.
However, it is a pity that the FAQ information is wrapped in a large Flash file because you will need an up-to-date Flash viewer to see it and it could take some time to download depending on the speed of your internet connection.
retail.nsw.gov.au/infokit

Identification required

2009-08-18T16:00:00.000-07:00

There is a fundamental problem of how to verify the identity of a person who claims the right to deal with property.
Customer identification is now a part of every conveyance. As part of this you may need to produce "bank type" information when buying or selling property.
Here is the short guide to what is needed:
lands.nsw.gov.au/../proof_of_identity
And here is a longer version:
austrac.gov.au/customer_id.html

@luchetti_law on Twitter

2009-05-16T22:36:00.000-07:00

Like Mosman Council we are also aware of the changing nature of communication. Our use of Twitter will be influenced by our client's response to it.

At the moment we think that people who have the care of an older relative may welcome having this access to our services.

twitter.com/luchetti_law

Mortgage Stress

2009-03-08T20:11:00.000-07:00

NSW Legal Aid has a handbook to guide those having problems with their mortgage. It is particularly useful if you can see problems arising in the future. It will help you by explaining the range of options available and also provides sample documents. It also lets you know where you can get further assistance.
Note that the handbook is not designed to help you choose a mortgage and it offers general information, not legal advice.
NSW Legal Aid Mortgage Stress Handbook

Our system

2009-02-02T14:12:00.000-08:00

Our firm uses a computer system that provides:
* Automated precedents and calculations for our areas of law
* Document and matter management
* Email and calendar integration
* Secure firewalls and access to our central server from the Internet
* Three different types of backup systems: RAID, DVD and USB copies, and
* Scanning and storage of incoming mail and faxes
Also we use our web space to deliver completed work to clients.
This means that your email is not jammed with a large attachment and you can choose when to take delivery of it.
Here is how it works:
· We email you telling you the file (usually a contract) is ready,
· We give you a link in that email to the file's web address,
· Because the link in the email is not to a webpage, no page will open, you get a message that allows you to Save the file to disk.
Note that the file is not linked to any web pages and cannot be accessed without the exact web address.
winhelp.com.au/luchetti/lawyers_asp

NSW Government portal - Life Events

2008-11-06T14:55:00.000-08:00

This site includes links for the following topics:
Buying a property, selling a property, investment properties, building & renovating;
Moving House - local services, moving from interstate, from overseas, utilities, visas;
Retiring - leisure for seniors, finance in your retirement, leaving the workforce, health;
Caring for Others - help for carers, physically impaired, the aged;
Death & Bereavement - dying with dignity, death, bereavement, wills & legal issues
and [more..]

Consumer Credit

2008-02-21T16:39:00.000-08:00

Consumer credit or consuming credit, borrowing money is easy. It’s making the repayments that can be difficult.
Find out about some of the pitfalls as well as ideas for managing credit wisely at the NSW Department of Fair Trading:
dft.nsw.gov.au/shopping/usingcredit.html

Emails at Work

2008-01-09T16:26:00.000-08:00

Employers are liable for the actions of employees. There are three main risks with email:
• sending emails containing blue humour (harassment).
• making a legal contract by email.
• defamation.
In a perfect world you would have a lawyer draw up your email policy. But skilful legal drafting is not as important as judgement on the content.
See the guidelines, www.brennanlaw.com.au/documents/...

Your details to us

2007-05-31T23:14:00.000-07:00

Make sure that we get the correct information use our online form. This could be handy, for example, while making a will. As well as entering your own information, reload the form and enter the details of your executors and beneficiaries.
The information in our system is what you typed, so the chance of spelling errors in names, etc. is reduced.
To access the form go to:
luchetti.com.au/form_one.htm
Make sure you include at least one email address.

Emails when you die

2007-02-19T15:28:00.000-08:00

When contemplating a will think about how people can be contacted about your death.
If you live a life that uses a lot of email then you may have to leave your passwords where your executor can find it.
They may need to access your inbox (or contacts list) to let your friends know that you've died. If the email account is a free one then this may have to happen urgently before the account is deleted.
smh.com.au/.../what-happens-to-your-emails-when-you-die
Update:
Keeping important records where they can be found in case of your mental decline or after you are gone.
That once meant storing papers in a safe or a file cabinet at home, in a safe-deposit box or with a trusted adviser. Even if the record keeping was spotty, there was a paper trail, starting with bills and statements that showed up in the mail.
But that trail has become harder to follow as more people manage their finances online.
nytimes.com/../your-money/estate-planning/

Mortgage identity fraud

2007-01-18T17:50:00.000-08:00

Note that due to recent problems in this industry the authenticity of a Certificate of Title will be checked with the LPI’s Queens Square office in the following circumstance:

the title is unencumbered

you are offering it as security for a loan, and

the title is a computerised title dated prior to January 2004.

See the Lands Department for more.

Asset Rich - Cash Poor

2006-10-02T23:31:00.000-07:00

One of the greatest fears for people who are nearing retirement is not having enough money to maintain a reasonable lifestyle. A reverse mortgage allows you to borrow cash against the value of your home. It is aimed specifically at this group.
Most often it is the children of the elderly that have to understand the detail of the various finance options. Commonly they will not have to explain the detail but they may have to answer questions about it. If their parents trust them to make these decisions then they have to be sure that it is the right decision.
We take a look at how the reverse mortgage works and provide some tips on what you should look out for before entering into one. [more..]

Commercial lease traps

2006-07-03T20:52:00.000-07:00

Make sure that your commercial lease is properly executed. In small business, when it comes to the formalities of executing a lease, and understanding your rights and obligations, it pays to get legal advice to protect the business. [FAQ..]

Law Firm having a Clearance?

2005-10-11T18:45:00.000-07:00

As part of an office makeover we are able to offer some stored documents from the 1950s to clients and direct decendants. More about this later, in the meantime contact us if you:
1. have an interest (family history, etc)
2. think (or know) that we have documents of interest and
3. can prove that the former client is deceased and that you have a close connection.
In each family there is a family historian - get them to contact us. The person with the closest connection may need to verify the identity of that person.
Note that there is no hurry unlike other clearances.

What to advise (via email) when depositing

2005-07-26T16:11:00.000-07:00

When depositing to our accounts, especially the trust account, please send us an email to advise us that the deposit has been made.
Include in the email:
* the amount,
* the "paid from" account (BSB and account number)
* any reference number that you were given when you made the transfer.

Contacting Us

2005-07-07T21:26:00.000-07:00

If you use Outlook then you can add our firm's contact details (to your contacts folder) by downloading and opening this VCF file.
(Luchetti.vcf)

Faxes:
If you use Fax and you have caller ID enabled we will advise you if any faxes from you fail (for whatever reason).

Our firm has a policy of not buying ANY products from information sent via unsolicited fax, email or letter.

Letters:
Posting to our street address can add a day to the delivery. Please use the PO box.

Law Firm via email

2005-07-05T18:46:00.000-07:00

For all your conveyancing, will and estate matters we can help you via email.
Send email to us at this email address