The Areas of Law in NSW and Australia

The law is required to cover all aspects of our society. As such, legal services are typically divided into specific areas of specialty. The law services offered by any legal firms will be dependent upon the knowledge and experience of their lawyers and other legal professionals.

In this article we’ll take a look at some of the many areas of the law and what they involve. If you are in need of legal advice or services, this will hopefully help guide you in the right direction.

Administrative Law

Administrative law is the body of law that covers government conduct and decision-making process. In effect, it regulates the relationship between the government(s) and the people of Australia.

Animal Welfare Law

Animal welfare law, as the name suggests, is concerned with the protection of animals. As animals themselves to not have any direct legal rights this area of law often focuses on advocacy for developing legislation that protects animals.

Bankruptcy/Insolvency

Bankruptcy and insolvency law covers circumstances where individuals or businesses are under severe financial stress. It deals with the payment of debts in these situations and with the wrapping up of businesses unable to pay their debts.

+ Civil Litigation

Civil Litigation deals with disagreements between individuals or individuals and organisations about private rights. Civil disputes typically involve situations where one party believes the other has breached an agreement, whether formal (such as a contract) or a handshake agreement (such as between neighbours).

Civil disputes can be about a wide range of matters from disagreements between neighbours about fences or trees to damages from a motor vehicle accident. Debt recovery is another common type of civil dispute that is covered by this area of law.

Whilst some cases inevitably proceed to litigation (i.e. going to court), it is always preferrable to attempt mediation beforehand. This can often lead to a more amicable solution between parties without the added court costs.

GP Legal can assist with Civil Litigation issues as well as providing mediation services.

Enquire with us about Civil Litigation.

+ Commercial Litigation

Commercial Litigation is similar to Civil Litigation above in that in deals with disputes between two parties. With regard to Commercial Litigation, however, the two parties are businesses or companies. A common form of commercial litigation dispute involves a perceived breach of contract between two or more parties.

When taking action in business, it is ideal to seek legal advice early in order to avoid commercial litigation later. Sometimes this is a case of providing recommendations on the best strategy or direction to take for a given matter. Alternatively, it can be a matter of producing clear and concise contracts that avoid ambiguity and uncertainty. These can both help to avoid litigation further down the track.

Our lawyers can provide advice for commercial legal matters as well as assist with commercial litigation should the need arise.

Enquire with us about Commercial Litigation.

+ Consumer Law

Australian Consumer Law (ACL) focuses on consumer rights with regard to the purchase of goods and services. It regulates businesses and ensures fair trading practices whilst providing basic consumer guarantees. Elements such as product safety, warranties, the right to refunds, repairs or replacements are covered under Consumer Law. Consumer Protection lawyers also represent clients on behalf of issues such as personal injury from defective products, misleading advertising and deceptive conduct.

GP Legal can advocate on your behalf for any issues arising from breaches of fair trading including unfair contract terms, consumer guarantees or deceptive trade practices and more. Speak with us to learn more or arrange a consultation with one of our solicitors.

Enquire with us about your Consumer Law issues.

Corporate/Business

Corporate law (also known as business law or company law) covers the laws and regulations that govern the creation and operation of companies and businesses. In Australia, these processes are overseen by the Australian Securities and Investments Commission (ASIC).

Criminal Law

Criminal law focuses on statutes and common laws regarding actions which are deemed punishable by the state. This is as opposed to civil law which deals with disputes between individuals or businesses.

+ Labour and Employment Law

Employment law focuses primarily on employer responsibilities and employee rights and is covered by the Fair Work Act. This area of law covers everything from working conditions and rates of pay through to confidentiality, anti-compete and restraint of trade.

GP Legal can assist with navigating the Fair Work Act and employment law. We can assist with situations of unfair dismissal to help you achieve a fair outcome. Alternatively, we can provide guidance for employers who are seeking a termination of employment and wish to avoid later claims against themselves.

+ Environmental and Planning Law

The Environmental and Planning Act (otherwise known as the “EPA”) is legislation that governs civil planning and development in NSW. Much of this area of law involves the interpretation and application of State Environmental Planning Policies (“SEPPs”) and Local Environmental Plans (“LEPs”).

The area of environmental law can cover;

Guide the welfare of the community via better land and environmental management.
Inclusion of environmental, economic and social factors in decision-making.
Delivery of affordable housing.
Proper design and construction of buildings and their maintenance.
Sustainable management of heritage property and sites.
Community consultation and participation with regard to environmental planning.
Protection of threatened and other species of animals, plants and habitats.
Promotion of the best use of land.

GP Legal have experience with NSW environmental law. This can range from a dispute with local Council about planning issues through to advise on the acquisition of building licenses and other required compliance. Should as dispute end up with Land and Environment Court litigation, we can also represent your interests.

Speak with us about your environmental or planning issues.

+ Wills and Estate Planning

Estate planning and writing a will are areas of law that allow other person(s) to be given authority to act on your behalf upon loss of legal capacity. This loss of capacity can be temporary, long-term or upon the event of death.

Elements of this area of law include:

Enduring Power of Attorney. A legal document giving a person or persons the legal authority to manage your personal banking and financial dealings on your behalf.
Providing the authority for other to act on your behalf with regard to personal lifestyle and medical decisions.
Estate Planning. Planning for a change in circumstances regarding your business or rural property in order to minimise tax and allow assets to be properly protected.
Creation of Living Wills. Formally known as an “Advance Care Directive”. This allows an individual to specify and formalise the way they want to live the rest of their life should they experience a loss of legal capacity.
Once a person dies, a Grant of Probate may be required from the Supreme Court of NSW. This confirms that a Will has been validly made and thereby giving the executor the authority to follow the Will’s instructions.
This includes both the creation of wills and the contestation of a will.
Family Provision Claims. The ability to contest a will if a person believes they have been left out, unfairly provided for or the will maker has been unduly influenced.

GP Legal have extensive experience with wills, estate planning and probate.

Speak with us regarding your Will and Estate Planning.

+ Family Law

As you may expect, family lawyers deal with many of the legal issues that can arise from personal relationships between people. This includes divorce, child custody and family violence as well as spousal maintenance and property and financial settlements plus adoption and surrogacy. Additionally, Family Law Court also hears some other Migration Law and General Law matters. If you are interested in learning more, read our Guide to Family Law in NSW and Australia.

GP Legal have an experienced legal team who understand the stress involved with family law matters and are ready to help.

Finance and Banking Law

In Australia, finance and banking law covers the legal framework relating to the operation and governance of banks (and other financial institutions), financial transactions and financial markets. This area of law encompasses everything from corporate acquisitions and mergers to personal banking issues.

Human Rights

Human rights refer to the civil, political and cultural rights and freedoms all humans should enjoy regardless of background, culture, gender, age or belief. Human rights law attempts to outline and protect these rights and freedoms. In Australia, although we don’t have a formal charter of rights, many our fundamental rights are protected in the Constitution and numerous other pieces of legislation.

Immigration Law

Immigration law (or migration law) is a specific part of administrative law. It deals with citizenship and the migration of individuals to Australia for the purposes of permanent or semi-permanent residency.

Intellectual Property and Copyright

Intellectual property law deals with the legal protection and enforcement of creative works. These creative works can include inventions, music, writing, designs and other types. These are known as “intellectual property” or “IP”. Copyright law is a part of intellectual property law which specifically deals with the way in which an idea or information is communicated, such as in writing, visual arts, music, etc… Other forms of intellectual property law include patents, trademarks and trade secrets.

Media and Communications Law

Media and Communications law focuses on the rules and regulations surrounding media, broadcasting, telecommunications platforms and the internet. It covers a broad range of areas from online safety and content regulation to defamation and media standards.

+ Real Estate and Property Law

Real estate and property law covers the ownership, buying, selling and management of land and buildings. It deals with the rights and responsibilities of landholders the real estate industry. Property lawyers deal with a range of matters including property transfers, leasing, property usage, ownership and disputes.

Let us assist with your property legal matters.

Taxation Law

Tax law governs the assessment, collection and distributions of taxes in Australia by state and federal government authorities. This includes taxation with regard to both individuals and businesses as well as GST, stamp duties, property taxes and international tax treaties.

Technology Law

Technology law is a fast-changing area of the law that focuses on technology and its use in people’s lives. With technology constantly evolving it is often challenging for the regulatory framework to keep pace without imposing heavy compliance burdens. This area of law also deals quite heavily with information technology and information management. This can include privacy, online fraud, hacking, information storage and corporate negligence.

Other Legal Services

There are a variety of specialised legal services, each with a narrow and dedicated focus.

+ Trusts

In Australia, a Trust is a legal structure that holds assets belonging to an individual or organisation (the trustor). It allows another party (the trustee) to manage those assets for the benefit of the trust beneficiaries. Under a trust the assets gain certain legal protections so that they can be distributed according to the trustor’s wishes.

A trust deed specifies the conditions under which assets are managed and who the beneficiaries are. In Australia, there are numerous forms of trusts for different purposes.

If you are thinking of setting up a trust, come and speak with us at GP Legal to ensure your assets and intentions are properly protected.

+ Notary Public

Notary services, provided by a Notary Public are used to witness or authenticate documents intended for use overseas. In Australia, Notary Publics must be internationally recognised senior solicitors authorised by the Department of Foreign Affairs and Trade (DFAT).

There are many types of documents that may require notarisation for use overseas. These can include; passports, public documents, documents related to overseas property or commercial transactions, Powers of Attorney or other types.

Our head solicitor, Bruno Gelonesi, is an experienced Notary Public and can notarise any documents you need.

Speak with us regarding document notarisation.

+ Mediation and Dispute Resolution

Litigation should only be considered as a last case option. Due to the cost and stress associated with litigation there are other options worthwhile considering first. Mediation and dispute resolution are an excellent starting point to finding a satisfactory outcome for any legal disagreement.

Whilst GP Legal are not mediators, we provide advice and support and can attend mediation sessions with our clients.

If you need assistance with mediation, contact us.

+ Contracts

Whilst Contract Law is a discipline in its own rights, legal contracts are an important element of many areas of law. Whether for property transactions (conveyancing), consumer guarantees and warranties, civil or commercial agreements or others, contracts are essential in creating clear legal relationships and responsibilities between relevant parties.

If you need to create a written contract for any purpose, GP Legal have years of experience in producing clear and effective legal documents. Similarly, if you’d like a contract reviewed to ensure your rights are protected and that you properly understand your obligations, come and speak with us.

Speak with us regarding contract preparation.

+ Conveyancing

Conveyancing is the legal process of transferring the title of a property from one owner to another. Whilst conveyancing does fall under the banner of real estate law, conveyancers offer a specialised service focusing only on the transfer of property.

If you are buying or selling property, speak with our in-house conveyancer to ensure that your property transactions run smoothly.

GP Legal – Dee Why Solicitors

GP Legal are Northern Beaches solicitors based in the Sydney suburb of Dee Why. We are experts in a number of areas of Australian law, including;

Family Law.
Consumer Law
Commercial and Civil Litigation.
Labour and Employment Law.
Environmental and Property Law.
Wills and Estate Planning
Plus, other legal services.