FAQs
Announcement: On 15 November 2024, MMS Legal has merged with Solomons Legal. For any new inquiries, please contact Solomons Legal >
Common legal questions
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Why do I need a lawyer?
Some people choose to represent themselves instead of engaging a lawyer to act on their behalf in legal matters. But the legal system is complex and often difficult to navigate. Lawyers have legal training, knowledge and skills to assist you through a legal process, helping you to avoid the potential risk of legal consequences. Getting high-quality legal advice also saves you time, reduces stress and helps you avoid costly mistakes.
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What is the difference between a Lawyer, Barrister, Solicitor and Justice of the Peace (JP)?
There are a variety of different legal titles and understanding the differences are between them can be difficult. To help you make sense of the most commonly used legal jargon in Queensland:
Lawyer is a general term used to describe a Solicitor or Barrister who has been admitted to practice law in Queensland.
Solicitors assist clients with their everyday legal matters, from advice on legal issues to drafting legal documents. When you have a legal problem, you will generally engage a Solicitor for assistance. Although Solicitors do have the right to appear in court, they typically work in an office directly with their clients.
Barristers are lawyers who specialise in court advocacy and are engaged by Solicitors to represent their clients in court. Barristers are usually self-employed and, unlike Solicitors who often work in law firms, Barristers work in chambers as much of their time is spent in the courtroom.
Justice of the Peace (JP) are authorised to undertake certain responsibilities including signing documents that require a qualified witness and certificating routine legal documents. Unlike a lawyer, the services provided by JPs are voluntary. You can search for your nearest JP through the Queensland Government website.
Commissioner for Declarations (Cdec) is an administrative role and unlike a JP, they do not have any judicial function. A Cdec can sign documents that require a qualified witness and certify a true copy of an original document. You can search for your nearest Cdec through the Queensland Government website.
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What if I only want some initial legal assistance?
Sometimes you don’t need a lawyer to assist you with the entire legal process and you may only want to engage one for a particular part. We offer 1-hour initial legal consultations to people who are looking for practical and useful legal guidance generally or specific advice concerning a part of their legal matter.
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Do you offer online video consultations?
Yes, we do. Our lawyers can provide legal advice and consultations by phone, zoom (video) and in-person meetings.
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Can I make an after-hours appointment?
We understand life is busy and it’s not always possible to attend an appointment during our standard business hours (9.00 am – 5.00 pm, Monday to Friday). If weekdays are too chaotic for you, we now offer Saturday appointments between 9.00am – 12.00pm. If you need an after-hours weekday appointment, please let our office know and we’ll do our best to accommodate you.
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Will you come to my home or residential care home for my appointment?
Yes, we will. Our lawyers travel to private residences, nursing care facilities and hospitals within Brisbane to meet with our clients who are unable to physically attend our office. If you’re unable to attend an in-person appointment at our office, please let us know and we’ll make alternative arrangements to meet with you.
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Do you charge a fee to store my legal documents in your safe custody?
No. Our safe custody legal document storage is a complimentary service we provide to our clients. Knowing that your documents are safe and secure at all times gives you peace of mind.
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Do you charge a fee to witness or certify documents?
Our clients receive a complementary witnessing and certification of documents service by appointment.
Common commercial + business questions
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I am selling my business. Do I need a lawyer?
Selling a business is a complex and time-consuming process. While some people choose to represent themselves, we recommend engaging an experienced commercial lawyer. Commercial lawyers have the legal training and skills to help you manage the sale of your business. Getting advice from a commercial lawyer before you sell your business can also help protect you from potential legal risks and consequences. It also saves you time, reduces stress and helps you avoid costly mistakes.
For more information about selling your business and the initial steps you should take in the sale process, please visit the Business Queensland website.
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I am buying a business. Do I need a lawyer?
Buying a business is a complex and time-consuming process. While some people choose to represent themselves, we recommend engaging an experienced commercial lawyer. Commercial lawyers have the legal training and skills to help you manage the buying process. Getting advice from a commercial lawyer before you sell your business can also help protect you from potential legal risks and consequences. It also saves you time, reduces stress and helps you avoid costly mistakes.
For more information about buying your business and the initial steps you should take in the buying process, please visit the Business Queensland website.
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What if I only want some initial legal assistance?
Sometimes you don’t need a lawyer to assist you with the entire legal process and you may only want to engage one for a particular part. We offer 1-hour initial legal consultations to people who are looking for practical and useful legal guidance generally or specific advice concerning a part of their legal matter.
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Do you offer online video consultations?
Yes, we do. Our lawyers can provide legal advice and consultations by phone, zoom (video) and in-person meetings.
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Can I make an after-hours appointment?
We understand life is busy and it’s not always possible to attend an appointment during our standard business hours (9.00 am – 5.00 pm, Monday to Friday). If weekdays are too chaotic for you, we now offer Saturday appointments between 9.00am – 12.00pm. If you need an after-hours weekday appointment, please let our office know and we’ll do our best to accommodate you.
Common Conveyancing Questions
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What is Conveyancing?
Conveyancing is the process of transferring legal ownership of a property from one party to another.
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What is the difference between a Lawyer and a Conveyancer?
In Queensland, property transfers must be completed under the supervision of a registered lawyer or solicitor. Unlike lawyers, conveyancers or paralegals have not completed a law degree and are not registered to practice law in Queensland. Any work undertaken by conveyancers must be under the supervision of a practising lawyer. All of our conveyancing transactions are undertaken directly by our lawyers, giving you peace of mind that the person handling your matter has the highest level of legal expertise.
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What is E-Conveyancing?
E-Conveyancing is still a relatively new concept in Queensland, but it involves the completion of conveyancing settlements electronically, in real-time. Removing paper-based manual settlements reduces the risk of errors and settlement delays, giving greater certainty that settlements will be completed on time.
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I live outside of Brisbane, can you still act for me in my Conveyance?
Yes. While our office is located in Toowong, Brisbane, if the property you’re buying or selling is located in Queensland, we can act for you. With the introduction of e-conveyancing and online verification of identity, the majority of our conveyancing matters can be completed remotely.
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Is your Conveyancing service fixed fee?
Yes. We offer a fixed fee conveyancing service so that you have the certainty of knowing how much it will cost to complete your transaction from the outset of your matter.
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What is Transfer/Stamp Duty?
Transfer duty (previously called Stamp duty) is a government tax that applies to the transfer of residential property in Queensland. Transfer duty is payable by the buyer on or before settlement. When considering buying a property in Queensland, it’s important to consider how much transfer duty is payable on the purchase transaction, as this amount needs to be paid in addition to the purchase price.
You can estimate the transfer duty payable when purchasing a property using the Queensland Government transfer duty estimator.
As part of our conveyancing purchase service, we’ll:
- calculate the amount of transfer duty payable on your purchase transaction,
- determine whether any concessions are available to you,
- attend to lodgment and payment of the transfer duty on your behalf at settlement.
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What property searches will I need to order?
The type of property searches required for your conveyancing transaction will depend on several factors including the type, age, and location of the property. As part of our conveyancing service, our lawyers will guide you through the property search process and recommend the searches we consider necessary for your conveyance.
Common property law questions
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I am entering into a lease. Do I need a lawyer?
No, however, often we speak to tenants when things have gone wrong because they have not obtained legal advice prior to entering into a lease agreement. They trust what has been negotiated is included in the lease. Having security of tenure is paramount for most businesses. On this basis we highly recommend that you seek legal advice.
For more information about leasing and steps you should take before signing a lease, please visit the Business Queensland website.
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What is Transfer/Stamp Duty?
Transfer duty (previously called Stamp duty) is a government tax that applies to the transfer of residential property in Queensland. Transfer duty is payable by the buyer on or before settlement. When considering buying a property in Queensland, it’s important to consider how much transfer duty is payable on the purchase transaction, as this amount needs to be paid in addition to the purchase price.
You can estimate the transfer duty payable when purchasing a property using the Queensland Government transfer duty estimator.
As part of our conveyancing purchase service, we’ll:
- calculate the amount of transfer duty payable on your purchase transaction,
- determine whether any concessions are available to you,
- attend to lodgment and payment of the transfer duty on your behalf at settlement.
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What property searches will I need to order?
The type of property searches required for your conveyancing transaction will depend on several factors including the type, age, and location of the property. As part of our conveyancing service, our lawyers will guide you through the property search process and recommend the searches we consider necessary for your conveyance.
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What if I only want some initial legal assistance?
Sometimes you don’t need a lawyer to assist you with the entire legal process and you may only want to engage one for a particular part. We offer 1-hour initial legal consultations to people who are looking for practical and useful legal guidance generally or specific advice concerning a part of their legal matter.
Common hospitality + hotel questions
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I am selling my hospitality business. Do I need a lawyer?
Selling a business is a complex and time-consuming process. While some people choose to represent themselves, we recommend engaging an experienced commercial lawyer and in particular a hospitality lawyer for a hospitality asset. Hospitality lawyers have the legal training and skills to help you manage the sale of your hospitality asset. Getting advice from a hospitality lawyer before you sell your business can also help protect you from potential legal risks and consequences. It also saves you time, reduces stress and helps you avoid costly mistakes.
For more information about selling your business and the initial steps you should take in the sale process, please visit the Business Queensland website.
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I am buying a hospitality business. Do I need a lawyer?
Buying a business is a complex and time-consuming process. While some people choose to represent themselves, we recommend engaging an experienced commercial lawyer and in particular a hospitality lawyer for a hospitality asset. Hospitality lawyers have the legal training and skills to help you manage the buying process. Getting advice from a hospitality lawyer before you sell your hotel can also help protect you from potential legal risks and consequences. It also saves you time, reduces stress and helps you avoid costly mistakes.
For more information about buying a business and the initial steps you should take in the buying process, please visit the Business Queensland website.
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"I cannot recommend McKelvey Miller Smith more. Highly efficient and easy to deal with."
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