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Laura Vickers

Principal at Nest Legal

8 years PQE
Northcote, VIC, AU
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    The risks of DIY Wills

    You know need a Will.  Should you do it yourself using a legal kit or should you ask a lawyer to draft it?There are two main risks with DIY Wills. First, there’s a high chance you will sign it incorrectly.  Each State in Australia has specific legislation about the signing and witnessing of ...
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    The risks of DIY Wills

    You know need a Will.  Should you do it yourself using a legal kit or should you ask a lawyer to draft it?There are two main risks with DIY Wills. First, there’s a high chance you will sign it incorrectly.  Each State in Australia has specific legislation about the signing and witnessing of ...
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    Why every parent needs a Will

    A Will is something every parent should have, regardless of your age, wealth or financial assets.  But the thought of making a Will makes most parents squirm and change the subject. No one wants to talk about death, especially the possibility of dying before o...
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    Why every parent needs a Will

    A Will is something every parent should have, regardless of your age, wealth or financial assets.  But the thought of making a Will makes most parents squirm and change the subject. No one wants to talk about death, especially the possibility of dying before o...
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    Laura Vickers answered a question
    2 lawyers agreed | over 9 years ago

    Can minor have a will?

    A Will of an unmarried minor will not be valid unless approved by a court in accordance with s 20 of the Wills Act 1997 (Vic). An application would need to be made to the Supreme Court and the Court would need to be satisfied that your daughter understands the proposed Will and it is reasonable that it be made.
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    Laura Vickers answered a question
    0 lawyers agreed | over 9 years ago

    Can a copy of certificate be given at settlement or does it need to be the original?

    If the property has a paper Certificate of Title, the original needs to be provided at settlement. If you or your bank don't have this, you will need to organise a replacement. For more info about doing this, go here:http://www.dtpli.vic.gov.au/property-and-land-titles/land-titles/dealing-with-titles/lost-or-destroyed-titles


    To find out whether a property has a paper or electronic certificate of title, you will need a register search statement. You can order these from Landata or ask your lawyer to do this search for you. For more information about electronic certificates of title, go here:http://www.dtpli.vic.gov.au/__data/assets/word_doc/0005/218885/Revised-Guide-to-attending-a-paper-settlement-when-the-CT-is-electronic.doc

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    Laura Vickers answered a question
    0 lawyers agreed | over 9 years ago

    Zoning mistake in sale of land

    The vendor's statement must disclose the name of the planning scheme, the zoning of the land and the name of any planning overlay affecting the land. It is then the purchaser's responsibility to find out what this is permitted under this zoning.


    That said, you may have an action against the real estate agent or vendor under consumer law if there was an express representation in the marketing material that the land could be used as a dwelling. You may also be able to make a complaint against the lawyer/conveyancer who failed to advise you of the consequences of the property's zoning. The availability of both these remedies will turn on your specific circumstances.


    You should also confirm with the Council that no existing use rights exist over the property. In some instances, existing uses of land can continue, despite their prohibition in the planning scheme.

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    Laura Vickers answered a question
    0 lawyers agreed | over 9 years ago

    Loud and abusive neighbours

    You can. To give your complaint the best chance of success, keep a diary of when and how long the particular noise occurs and present this to the Council with your complaint.


    There are various statutes giving Councils the power to take action against noisy neighbours.


    The Public Health and Wellbeing Act 2008 (Vic) applies to any nuisances that are, or may be, dangerous to health, including any noise that is or is liable to be dangerous to health or noxious, annoying or injurious to personal comfort. If the council is satisfied that a nuisance exists, it can issue an improvement or prohibition notice on the person causing the nuisance. If the notice is not complied with, the council may take them to court.


    The Council could also make a direction under s 48A of the Environmental Protection Act 1970, which makes it an offence for a person to cause or allow unreasonable noise to be emitted from residential premises. Also, the Environment Protection (Residential Noise) Regulations 2008 (Vic) prohibit the use of a range of items during specified hours. They include the use of motor vehicles, lawn mowers, power tools, domestic air conditioners, record players and musical instruments.


    The Council may also be able to take action under its own local laws.


    If you aren’t satisfied with the attempts made by the Council to resolve the complaint, you could take your own court action. However, if a court considers your complaint to be frivolous, it may order you to pay your neighbour’s legal costs.

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    Laura Vickers answered a question
    0 lawyers agreed | over 9 years ago

    Mortgage brokers or lending institutions

    Try both if you are unsure - ask your bank what's the best deal they could do for the particular purchase you have in mind, then meet with a broker to see if they can beat that offer. Meeting with a broker won't cost you anything as they are paid by the lender that you ultimately decide to go with (if any). A broker may also come up with different ways to structure your loan that may protect your interests better in the long run (eg part fixed and part variable). Whichever option you go with, make sure you check that the documents you ultimately receive from the lender match the numbers that you discussed in the initial meeting.
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    Should I get a lawyer to look at a real estate contract before sign...

    It is always preferable to prevent problems, rather than try to fix them after the event.  That is why Nest Legal offers two free contract reviews for potential purchasers.  We much prefer preventing problems than delivering bad news once it is all too late!Here are some examples of problems that...
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    Laura Vickers answered a question
    0 lawyers agreed | over 9 years ago

    House zoning

    You can order a free planning report from here:http://services.land.vic.gov.au/landchannel/jsp/reports/ReportsIntro.jsp
    NB: this free report won't include any proposed rezonings - for these, you'll need to order a certificate from Landata here:https://www.landata.vic.gov.au/

    If you then want to find out more about the zones and overlays that your house is subject to, go here http://planningschemes.dpcd.vic.gov.au/, choose which planning scheme, then scroll down to the relevant zone/overlay. If the planning report mentions a schedule, you can also find that here - it just means there may be additional requirements under the overlay that your particular property must abide by.