Cleary Solicitors

Call us:
Ettalong Office 02 4344 1966

What We Offer:

  • Residential and commercial conveyancing
  • Sale and purchase of business
  • Commercial leasing
  • Family law property settlements
  • Family law children issues
  • De facto relationship property settlements
  • Civil litigation
  • Wills and estate planning
  • Contested wills
  • Criminal defence
  • Building disputes
  • General advising

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Our Services

We pride our selves on offering frank and honest legal advice and representation. Your best interests are our main concern.

We operate as a general practice with the firm's solicitors complementing each other's experience so as to act in most areas of work required by individuals and small to medium businesses.

We accept instructions in the following areas:

Residential and commercial conveyancing

We act for Vendors and Purchasers of Torrens Title, Old Systems Title, Strata Title, Community Title and Company Title properties. We have local knowledge of real estate situations on the Central Coast of New South Wales but also have acted for clients on the sale and purchase of properties throughout New South Wales, from city to country locations, involving houses, commercial buildings and farms.

Business and Commercial law of all types, including:

Sale and purchase of business
The sale or purchase of a business can have unintended financial consequences if not structured properly. This is all the more so since the introduction of the GST. We have experience in the sale and purchase of a wide range of businesses and associated transactions also involving transfer or registration of Business Names and Licences. If business premises are also involved we advise about and effect a transfer of a Lease or new Lease as required.

Commercial leasing
A secure Lease is the underpin of any business either as a Landlord securing income from the tenant or a Tenant achieving security of tenure. There are special conditions involved in a retail shop lease. We act for both Landlords and Tenants in a wide range of situations including retail shops and factories.

Building disputes
You can end up in Court or in a Tribunal if you can't resolve a building dispute. Home Building Disputes involve a maze of legislative requirements which can seriously affect a claim if not met. Either way building disputes are usually complex and involve a great many issues. We have experience acting for both Builders and Home Owners in resolving these types of disputes.

Commercial litigation
Running a business can result in many differing litigation in the Local Court, District Court, Supreme Court and many types of Tribunals, mediation and arbitration. We have a wide experience in these disputes including experience with injunctions and complex business arrangements. Whether it is a dispute with a creditor, debtor, a lease dispute, a licence dispute, a franchise dispute, or something else entirely, chances are we have the knowledge and experience to deal with the issues while keeping you informed and in control. This way you get the best possible result by ensuring that it is a commercially sensible result for you.

Commercial agreements
A wide range of agreements can be drafted to minimise the chances of future litigation and to maximise your chances of success if litigation does arise. These include drafting of and advice on franchising agreements, licences, partnership agreements, charges, transfers of property including aged care places, and many other agreements.

Private Civil Litigation including:

Family law property settlements
We assist our family law clients to reach satisfactory settlements with their spouses on breakdown of marriage. If an early settlement can be reached then the more likely it is that people are able to get on with their lives without costly litigation and emotional distress weighing them down. We will protect your interests in a property settlement and take every available opportunity to negotiate a settlement you can be comfortable with.

Family law children issues
A family breakdown is a traumatic time for all parties, but most of all for the children. We will assist you to obtain residence and contact arrangements which best meet the interests of the children and the parties, and if necessary will take steps to ensure your ex partner is kept to those arrangements.

De facto relationship property settlements
The breakdown of a de facto relationship can have just as devastating financial effects as the breakdown of a marriage. We act in property settlement proceedings for de facto partners to ensure their contributions to the relationship are recognised and recompensed.

Contested wills
Sometimes a testator will leave a person out of a Will either as an oversight or deliberately for what that person thinks is a good reason. Sometimes the person making the Will lacks capacity or the Will is otherwise invalid. If you have a legitimate claim the law allows you to challenge the Will. We have experience in these type of claims and will represent you to ensure you receive what you are due.

Civil litigation
Whether you become involved in civil litigation in a personal capacity or as a result of being in business, we can represent you in the Local Court, District Court and Supreme Court in debt recovery and damages claims acting for both Plaintiffs and Defendants at Common Law and in Equity.

Dealing with deceased estates
We try to make dealing with the financial affairs of a friend or relative who has passed away as easy and efficient as possible. We take care of obtaining a Grant of Probate or Letters of Administration in the Supreme Court. When Probate or Letters of Administration are not necessary we help you administer the estate the right way, including obtaining a Notice of Death and meeting complex requirements to transfer or redeem assets.

Wills and estate planning
It’s said “an ounce of prevention is worth a pound of cure” and it is certainly true in terms of planning as you get older. If you want to be sure you control what happens when you pass away, or become unable to make your own decisions, not only is a Will fundamental, but other documents like an Enduring Power of Attorney and Enduring Guardianship should be considered. Some people wait until they’ve retired to make these decisions, but what would happen if you passed away or suffered a catastrophic injury unexpectedly. There can be unexpected consequences if you have not prepared, especially if you run a business or have investments. There are often taxation and revenue issues to be considered which a do-it-yourself Will kit will not help you with. Not having a professionally prepared Will might also result in your estate costing much more than necessary to administer, or worse, your wealth not ending up where you want it. It may also be useful to structure the ownership of your assets to take these matters into consideration and we can give you sound advice with an eye on the structure being effective as well as economical.

Criminal defence
Going to Court to face a criminal charge is a daunting prospect. You don’t know how to get your case across; what to say and more importantly what not to say. We have experience in defending a wide range of criminal offences; from driving offences to more serious matters involving potential lengthy gaol terms and everything in between; in the Local Court, and in trials in the District Court and Supreme Court.

General advising
If you are embarking on a course of action which may have legal consequences it is always prudent to obtain legal advice first. After all, you can’t be expected to know how the law will impact on your actions. Our years of experience has equipped us to give you timely and accurate advice.