The firm of Capon and Hubert offers the following services. More information on each is available by clicking on each of the links below:

• Buying & Selling a House

• Establishing a Business

• Probate/ Estate Planning

• Police/ Criminal Matters

• Compensation Claims

• Family Law

• Child Welfare Law

• Guardianship/Financial Management

• Incorporation of Community Organisations

You may also be interested in knowing about our Professional Fees.

Buying or selling a home is for most people the largest purchase they will ever make. We aim to ensure that your experience is as hassle-free and as smooth as possible.  By attention to detail, ensuring deadlines are met, and keeping you informed of developments, you may feel reassured that your conveyancing is being handled efficiently and professionally by solicitors experienced in the field.

For people selling their property in the ACT, it is important to realise that unauthorised alterations or additions affect the title to their property.  Remember to address this aspect when you market your property for sale and speak to us if you have doubts about whether an improvement to your property requires approval. We will prepare a contact in accordance with the CIVIL LAW (Sale of residential Property) Act 2003 requiring disclosure matters affecting the property.

For buyers, this question of unauthorised alterations or additions to the property you wish to buy may be brought to your attention by a building inspector.  Most contracts now have a building report attached . If required we are able to refer you to a wide range of competent building inspectors if you wish.  Other factors may also trap the unwary and we will seek to ensure that you avoid these pitfalls while at the same time keeping an eye on avoiding unwarranted expenses for you.

Our role entails liaising with the lending institution of your choice and, as well as explaining loan documents to you, ensuring that the mortgagee’s requirements are met so that there are no delays in your moving into your new home.

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We understand that starting out in business involves at least a degree of trepidation. If you are buying into an established business, what better way to begin than to have us conduct the necessary enquiries, and together with other professional advisers, collect the information you will need to ensure that you are acquiring what you expect.  Or, if you are starting your own business, why not seek our advice as to what entity is most appropriate (partnership, limited liability company, trust, etc), thereby best equipping you to maximise profit.

On the sale of your business, you would be remiss not to adequately prepare the Contract of Sale, thereby ensuring all loose ends are tidied up and minimising any future problems. Given our considerable experience in this area, why not allow us to help you with that.

The operation of a business frequently involves the leasing of premises. We can assist you in negotiating suitable lease terms and in thoroughly checking the provisions of your Lease before you sign it. Ask us also about stamp duty and liability for Capital Gains Tax relating to your business.

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You lose a loved one or you have been nominated as the executor of a will:

Quite apart from the emotional trauma that comes from the death of a family member or close acquaintance, there are the practical things that need to be done.  Family members of the deceased person need money to live on, and so far as is possible, the security of knowing that they can continue to live and experience the comforts of the life they had before the death of their loved one.  We can help you here by explaining procedures, taking care of vital matters to which you may not have had prior exposure, and making applications to Courts for your right to administer the deceased’s estate. Where probate matters involve conflict we will both act on your instructions, listen to your concerns and ensure so far as it depends on us that issues arising are resolved in a cost effective and practical manner.

We will also work together with your accountant to ensure that liability to taxes and charges are minimised and that income tax liability of the estate is properly handled.

You wish to plan for the future of your family and yourself:

Our long and wide experience in preparation of wills, trusts (both during your lifetime and testamentary trusts) and the like can be used to make sure that your affairs are settled and problem-free in your latter years and for your family after your death.  As the average age of our population increases, there is the need to ensure that the resulting cutback in Government pensions and entitlements does not mean that you run short of income in your retirement.  We can refer you to well qualified and competent financial advisers and work with other professionals to safeguard your capital and assets.

Avoid the temptation to scrimp on the cost of having a will drawn by a professional.  For the sake of dollars now, you and your family may well make considerable savings in the future.

Consider also an Enduring Power of Attorney to make sure your family and your financial affairs are not adversely affected in the event that you have a debilitating illness or are otherwise incapacitated so as to be incapable of handling your own affairs.  The hard luck stories abound of those who did not get around to speaking to their solicitor.  See that you are not in that situation too! 

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What if you or one of your family get in trouble with the police. We will give you honestly and accurate advice regarding your situation. We will present your story sensitively and forthrightly in the case of a plea and defend your rights in the case of a defended matter.

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What if you have an accident at work or elsewhere. Care is needed early in many of these matters to assess the  prospects and to get the facts clear. To seek a negotiated solution, medical evidence is likely to be obtained soon as possible in order to assess the effect of your injuries and to quantify your claim. If this is not possible, we can present your claim in a court appropriate by way of jurisdiction.

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You are separated or have difficulties with your spouse or family.

We take seriously the breakdown of a lifelong commitment such as marriage. As such, we do what we can to avoid inflaming relationships to enable working together for the children’s benefit or reconciling. We are aware, however, that this always takes two of you and is not always possible.

Our approach is to look at the whole of your matter and to work towards a result that produces a win-win outcome. We will never knowingly mislead either your opponent or any court or tribunal. We work towards achieving a high level of client satisfaction and go that extra mile in service. We will listen to you. At early stages of our retainer we will take a comprehensive history of relevant matters and check with you periodically as to the factual content of our institutions.

If you need to obtain assistance to work through the relational issues, we can refer you to counselling resources in the wider community.

If you are in dispute over your children, we will help you to achieve an outcome that is in the best interest of the children and works well for you. As your representatives, we will put your case as clearly as we can within the legal framework. When dealing with children we are acutely aware that it is not justice to the parties that is sought but an outcome that is in the best interests of the children.

The court uses section 60CC of the Family Law Act when considering these factors and coming to a decision.

Once agreement is reached, we will endeavour to formalise this clearly and simply through consent orders. If this is not possible, we will force disclosure of the other party's financial position through the courts and seek the best possible result within the parameters you give us. If the court is involved then disputes are resolved by balancing both contribution (financial and non-financial) with needs and circumstances. The relevant section of the Act here is Section 79(4).

Various options can be pursued in formalising any agreement before, during or after marriage through binding financial agreements. There are many ways of dealing with the issues presenting themselves. We are able to work through the issues involving the apportionment of superannuation interests under the Family Law Legislation Amendment (Superannuation) Act 2001 including the obtaining of valuations and provision of strategic advice.

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There are problems with your children and family services.

These are the grounds under which a child can be declared a child in need of care thus resulting in various forms of state intervention. Section 156 of the Children and Young People Act applies here. We can represent children , parents or carers or advise generally in these matters.

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One of your family becomes or may in the future become incapacitated.

We can refer you to the guardianship tribunal or take up the running of an application or financial management on your behalf urgently or in due course. We can assist with preventative methods such as an enduring power of attorney to enable the handling of the situation for your family member with as little fuss as possible.

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If you belong to a community group, church or other organisation that wishes to incorporate, we can advise and help you with both of your options: a company or an incorporated association.

The associated Act is the Associations in Corporation Act, linked off the ACT attorney General Home Page. The Act prescribes certain matters that must be covered. With respect to companies we would need to talk with you about the options available.

We enjoy working with community groups and helping them to achieve their objectives under the law.

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Our fees vary depending on the nature of work for which we are engaged. In all cases, however, on your first appointment we will discuss and agree with you the nature of our engagement, what fees are owing and how they will be paid. Depending on your circumstances, deferred payments may be possible, although we are still likely to require funds to settle disbursements.

With criminal matters we are likely to require an upfront retainer payment.

With family matters we will agree with you an appropriate hourly rate and account to you regularly so you are aware as to where your matter is and how much it is costing you.

Yes, we do work on legal aid grants. However, you must arrange a grant or have us arrange for aid to date from the time we first see you if in fact aid is granted.

On non-contentious matters such as conveyancing, we will quote you a figure plus disbursements prior to commencement of the engagement.

On contentious matters we employ a time-costing system which enables both parties to remain current with regards payment of our professional fees. Upon conclusion of the matter, we will review the fees paid and agree with you any adjustments, taking into consideration what is reasonable and acceptable to you.

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