FAQ

Frequently Asked Questions

General Law Questions

What types of matters can Birdie Law help me with?

We can help you plan and document your financial future including establishing a Will and an Estate plan that caters to the nature of your assets and property interests including superannuation, trusts and insurance policies.
We can help you plan and document your new or existing business arrangements.
We can help you plan and document other legal transactions and arrangements that you may be entering to or have already undertaken and need to formalise.
We can advise you if you are establishing a trust or planning to be a guarantor of loan or other financial commitment.
We can help and advise you in relation to a legal dispute or foreshadowed legal situation.

Why should I use a lawyer instead of handling things myself?

The law is technical and unforgiving. The phrase ‘you don’t know what you don’t know’ looms large in matters of law and finance. It may be that you simply need some advice rather than a legal contract or official representation. Without the guidance of legal advice you may be placing yourself at legal risk or acting counteractive to your rights and intentions.

What does it cost to engage with Birdie Law?

Until we assess the suitability of our services to you and provide you with a quote or estimate of legal fees you will not incur any cost.

How do I know if my issue is something a lawyer should handle?

Property Advice & Disputes

Can you help if I’m in a dispute with my neighbour about boundaries or fences?

Yes. These sorts of disputes often require title and survey plan searches to be conducted, and legal analysis of competing property laws. Sometimes the law applies clearly and without exception, but this is rare. Real estate is often the most valuable asset we hold during our lifetime and thus it deserves considerable amount of protection.

What happens if something goes wrong during my property settlement?

This is something we are very familiar at dealing with, and for every legal problem there are various legal solutions. Jessica’s extensive background in court litigation equips her well to advise and assist with legal disputes before they reach the point of going to court.

Wills & Estates

Why do I need a will?

To do your best to have your assets inherited by those you wish and on your terms;
To protect those that you leave behind from financial distress;
To avoid your estate being subject to avoidable taxes through estate planning;
To set up a defence to anticipated claims on your estate;
To avoid your estate being wasted on the higher legal fees that apply when a person passes away without leaving a will.

What happens if someone dies without a will?

A deceased’s next of kin does not have automatic legal rights or entitlements to the deceased’s estate.
To deal with the deceased’s property, assets or accounts the next of kin or another appropriate person must apply to the Supreme Court of NSW for an order permitting them to administer the deceased’s estate and in that process persuade the Court that they are the most appropriate person to be appointed as administrator.
The Court must also be persuaded as to who the estate should be inherited by having regard to the rules of intestacy. This process is a longer and more costly process than if the deceased had left a will appointing an executor/administrator and naming the person(s) to inherit their estate.
If the deceased has an interest in a business and passes away without a will then this can cause significant harm and disruption to the running of the business.

How often should I update my will?

Wills should not be unnecessarily updated as the act of replacing your will can suggest that you have changed your intentions on who you want to inherit your estate. If you are seeking to clarify details and not change who inherits your estate then there may be safer and better legal means of doing this than updating your will. Consulting your lawyer is a first step that you should take before you update your will.

What is a power of attorney and do I need one?

A power of attorney authorises another person(s) to act on your behalf for legal, property and financial matters. A power of attorney can be set up to apply immediately or only in certain circumstances such as in the event you suffer a major health episode or loss of capacity. We are incredibly cautious in our advice when to make a power of attorney, and we ensure that precautions are taken on your behalf including introducing clear conditions and limits where necessary on the terms of the power of attorney’s appointment.

Commercial & Business Law

Do I need a lawyer to set up a new business?

Yes if you want to minimise the risks and liability that goes along with owning or operating a business and if you want to protect the goodwill and intellectual property that you create. It is important that the business is established using the most appropriate legal structure of ownership so that you don’t unnecessarily incur tax, or expenses that could otherwise have been avoided and so you have options and flexibility in terms of income distribution. It is always best practice for your lawyer and accountant to collaborate and assist you in setting up your new business or altering your business arrangements

How can Birdie Law help protect my business?

We can assist you in implementing legal arrangements to protect you, and minimise your risk of personal liability.
Create legal documents that clearly establish your entitlements in the business including in respect of decision making, income and profits.
Create enforceable terms on how to sell or purchase interests or shares in the business.
Implement troubleshooting and dispute resolution processes for unexpected scenarios or legal disputes.
Refer you to an appropriate external service provider including insurers, accountants, financial advisors, etc. to implement other appropriate safeguards and arrangements.
Connect you with the other businesses in the Birdie Group if suitable to your business needs including Birdie Wealth, Birdie Conveyancing and Birdie Property.

What should I do if I’m in a dispute with a business partner or supplier?

Get legal advice before engaging in email or other communications regarding the dispute. If we are not involved in the early stages of a dispute then representations can be made by our clients that do more harm to their rights than good. We do not necessarily need to take an official role in the dispute, and we can assist you in the background in resolving the dispute and maximising your settlement outcome.

SMSF & Guarantor Independent Advice

What is SMSF & Guarantor Independent Advice?

It is tailored legal advice for clients involved in Self-Managed Super Funds (SMSFs) or guarantor arrangements. It helps you understand your obligations, risks, and rights before signing.

Why do I need independent legal advice as a guarantor?

Banks and lenders often require a guarantor to get independent legal advice before approving a loan. This protects you by confirming you fully understand the financial and legal risks of guaranteeing someone else’s debt.

What documents can you prepare?

SMSF Trust Deeds
Holding Trust Deeds
Certificates of Independent Legal Advice (including for mortgage purposes)
Legal agreements to reduce guarantor risk

Do I need a Certificate of Independent Legal Advice?

Yes, if your lender requires it. Certificates confirm you’ve received legal advice before entering into a binding arrangement, such as acting as a guarantor or borrowing through an SMSF.

What is a Trust Deed and why is it important?

A Trust Deed is the legal document that sets out the rules of your SMSF or other trust fund.. It governs how the fund operates. Having it drafted or reviewed by a lawyer ensures it complies with the law and protects your interests.

Can you help if I already have an SMSF Trust Deed?

Yes. We can review your existing deed, update it for compliance, and advise you if variations to the Deed are necessary to reflect your current needs.

What risks does a guarantor face?

If the borrower cannot repay the loan, the guarantor may be responsible for the debt. This can affect your personal assets, credit rating, and financial security. Our advice helps you understand and manage these risks.

Do you provide mortgage-related advice?

Yes. We issue independent legal advice certificates for mortgage purposes, ensuring both borrowers and guarantors meet lender requirements.

How long does the process take?

In most cases, we can provide advice and issue certificates within a few business days, depending on the complexity of the documents.

Dispute Resolution

What is dispute resolution and how is it different from going to court?

In most cases parties to a legal dispute are required to participate in a dispute resolution process before they can take their matter to court. A mediation, conciliation conference or settlement conference are examples of alternative dispute resolution methods.
Occasionally it is both necessary and appropriate to take your matter to straight to court to protect your immediate legal interests. More often than not, though, court should be the last port of call. Going to court is a risky, high stakes and expensive means of dealing with a legal dispute.
Many legal disputes can be resolved through legal communications and committed negotiation. This does not mean giving up on what you are entitled to. It means achieving your best legal outcome through a less risky method and more efficiently than if the matter is to be decided by a court.

How long does dispute resolution usually take?

The nature of your legal dispute will influence the time it may take to resolve or progress your matter. If the parties wish to escalate the resolution then solutions can be achieved through intensive legal communications or engaging an expert mediator to assist the parties on an urgent basis. If the legal matter is more common then there may be established dispute resolution pathways mandated by the law that the parties must attempt.

What happens if dispute resolution doesn’t work?

There is always a solution; we just need to find it.

Consultations & Process

How do I book an initial consultation with Birdie Law?

You can do this by contacting us by email, telephoning us or completing the contact form.

What should I bring to my first appointment?

The documents you want us to read and consider. We will also help you in understanding what information we need and what is relevant.

How do you keep me updated during the process?

When you first contact us we will ask you what is the best way to communicate and contact you. If you prefer email then email it is . If you prefer to communicate by phone then phone it is (unless of course we need to email you legal documents and information).