Contact Us

Niddrie

Christy Roth

Level 2, 326 Keilor Road, Niddrie, VIC 3042

P: 03 9938 3803

M: 0402 779 343

Email

christy@resolvelawyers.com.au

South Melbourne

Rachel Cox

Level 4, 150 Albert Rd,South Melbourne VIC 3205

P: 03 9685 7533

M: 0431 124 659

Email

rachel@resolvelawyers.com.au

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Resolve Lawyers
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FAQ

 

 

FAMILY LAW

 

How long will my property settlement take?

Every matter is different. If you and your former partner agree, sometimes it can take as little as a couple of months (including court processing time for Consent Orders). When couples find it difficult to agree, the matter can take much longer. Resolve Lawyers approaches family law in a collaborative manner to attempt to avoid court proceedings for you, saving you time and money.

 


 

Do I need to see a lawyer for a property settlement if my former partner and I agree?

It's wise to formalise the agreement. Often, couples agree initially after separation, however this may change with time and new circumstances. Prior agreements may later be taken off the table and lawyers then need to become involved. We can help you to formalise something from the beginning, avoiding later issues. Further to this, obtaining Consent Orders allows you to avoid paying stamp duty in relation to a title transfer after a domestic separation.

 


 

When can I apply for divorce?

You need to be separated for 12 months prior to obtaining a divorce. Property settlements and parenting arrangements can be resolved immediately, however.

 


 

 

CRIMINAL LAW

 

What happens once I am charged with a summary offence?

After you ask us to act for you, we will contact the police to obtain the charge sheets and a copy of the prosecution brief. This tells us all of the information that the police hold about your matter. We will examine the brief and determine the best way forward for you. A "mention" date will take place in the Magistrate's Court, where you will need to tell the Court if you are pleading guilty or not guilty. If you plead guilty, the matter may proceed that same day. Sometimes charges need to be negotiated - you might plead guilty to some but not others, or you might be prepared to plead guilty to a lesser charge. If this is the case, we will seek to adjourn the matter to what is called a "contest mention". If we can't reach a resolution here, the next date will be a "contested hearing". Sometimes a client wishes to appeal the Magistrate's decision, and the matter then moves to the County Court.

 


 

What if my offence is an indictable one?

Some indictable offences are "triable summarily", meaning that they can still be heard in the Magistrates' Court. These are the less serious indictable offences. More serious indictable offences are referred to the County or Supreme Court, and the process is a different one to the summary offence process. A trial in these courts might involve a judge and jury for example. We can assist you with all matter of offences, regardless of how simple or complex.

 


 

What should I do if I'm arrested?

Above all, stay calm. Ask the police what you are being arrested for, but say nothing further at this point. You should not chat to officers or make occasional comment - say nothing until a lawyer advises you. The Police Officer in charge of the investigation is known as the Informant - we will need to know who this is, so ask for their card. Rather than accepting the lawyer referred to you by the Police, ask to contact your own lawyer. Anything you say to your lawyer within earshot of the Police member is not protected by legal professional privilege, so advise your lawyer as to who is within earshot. Your lawyer will either request that the Police allow you a private phone line in another room, or they will attend the station to see you in person.

Remember, remain calm and respectful. Your conduct after arrest is important.


 

GENERAL

 

Do you offer payment plans?

We do. We know that legal fees are expensive, so we will try to work with you to come up with a payment plan you can manage. Of course this depends on the likely length of your matter, so some plans can be stretched longer than others.

 


 

Is there employment available with Resolve Lawyers?

We are a brand new firm, growing every day. We envision that in the future we will be able to offer some exciting and unique career opportunities. When they arise, you'll see them here first!

 

 


 

Do you take Legal Aid matters?

No, we don't. However we appreciate that legal representation can be a significant expense for clients, and we will work with you to establish a payment plan that is manageable.

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