Suite 401
483-491 Kent Street
Sydney NSW 2000
Australia
Established in 1989, David Kam & Co Solicitors is a law firm based in Sydney, Australia serving the city, the state and overseas. With over 35 years of legal practice, we have won trust and recognition from our clients as we work to uphold your legal rights and safeguard your interests by providing quality legal services.
We look to link innovative thinking and commercial know-how, to provide comprehensive legal solutions tailored to match your business strategy.
Our goal is to provide first-class legal service and representation to our clients whether they be companies, investors, entrepreneurs or individuals. We provide legal advice on all the business and commercial aspects of our clients’ activity in Australia.
We adopt a principled-approach to our clients’ legal matters. This often makes a positive difference in the outcome and cost of your matter.
1. What is the best way to communicate with us?
Contact us to book an appointment for an initial face-to-face meeting at our office. This helps us understand what you would like us to do and is your chance to ask any questions you might have.
Once we have an understanding of your situation, we will email you to confirm your instructions and give an indication of our costs.
Next, we will follow up with an email to request any documents we need from you to progress your matter.
Once we have verified your options at law, we will send them to you for you to decide what you wish to do.
2. Do you take cases on a fixed fee basis?
Yes, we will often work on a fixed fee rather than charging on an hourly basis. This is especially true for property transition matters, where fixed fees are the norm.
There are some types of cases, however, in which fixed fees simply do not work well. For example, complex contested estates or litigation matters are almost always billed on an hourly basis rather than for a fixed fee.
3. What is a contract?
A Contract is an exchange of promises forming an agreement between two or more people to do or refrain from doing an act recognised under the Law. It establishes binding rights between people, focusing in on important details that might otherwise be missed.
4. How will you help me with my business contracts?
We review your contract terms, highlight key risks to your business, develop an action plan to mitigate those risks and advise you if it makes commercial sense to go ahead. We can negotiate an existing contract or draft a contract with terms more favourable to you.
5. I had a conversation agreeing to do something, could that be a contract?
Sometimes contracts are informal and can be just a conversation or simple exchange of emails. It is important that if both parties wish the conversation or string of emails to form a contract that they discuss it with their lawyer to map out the details and ensure that it is properly drafted.
6. What is a lease?
A Lease is a contract which gives rights to one person (“the Tenant”) to physically possess property which is legally owned by another person (“the Landlord”).
7. Who are the lessees and lessors?
A Lessee of a Lease is the Tenant occupying the premises. The Lessor is the Landlord or owner of the premises.
8. What is the lease term?
The Term is the length of time the Lease is to be entered into for. The length of the Lease Term needs to be sufficient for a Tenant’s business needs. New entrepreneurs may not want to be tied in to a long Term, however relocating too early has professional cost and tax implications. Additionally, moving too early may negatively impact on a new business’s goodwill.
9. What does a repair clause mean?
A clause to keep the premises in ‘good and substantial repair’ means that the tenant has to repair and deliver the premises back to the landlord in good and substantial repair even if the premises was not in that condition when the tenant first occupied the premises. A tenant should be wary of agreeing to any repair clause which involves keeping the premises in ‘good and substantial repair.’
10. What should I do as a Landlord?
11. How can you help me as a tenant?
As a commercial tenant, your aim is to secure the lease agreement. You want an agreement flexible enough to deal with your business’s changing needs. We can help you understand and negotiate the best deal for your lease, including Tenancy Agreement & Lease Terms, Rent Reviews & Lease renewal, and extension and termination clauses.
12. What should I do as a tenant?
13. What is a legal will?
A will is a legal document that formally records your wishes for your estate being all of your financial assets and physical possessions will be distributed upon your death.
You may also use a Will to appoint the guardian of your choice to watch over your minor children when you are gone.
14. Who should make a legal will?
If you are a responsible adult of sound mind, you should make a will.
15. What if I pass away without a legal will?
Our law says if you die without having made a will, then you die intestate. This means that your spouse, child or a close relative can apply to the courts to be appointed as the person to handle your estate.
If no one applies to the courts to handle the estate, then a formula determines who gets what if you die without a will. This formula may not be how you wished to have your estate divided.
16. Who is my executor?
Your executor is the person you choose to carry out the instructions specified in your will.
17. Who are my beneficiaries?
Your beneficiaries are the individuals who you choose to receive a portion of your estate.
18. Who should I appoint as my executor?
Usually, will-makers appoint their son or daughter, friend, relative, a professional or trust company as executor. It is important to appoint an alternate executor in case your first appointed executor dies before you or is unable to act.
19. What does an executor have to do?
The executor named in a will is responsible for gathering the assets of the estate, paying for funeral costs, debts and taxes, and distributing the estate’s contents to the beneficiaries named in the will.
20. What is an administrator?
If there is no will found, the spouse or child of the deceased can apply to the court to become the administrator of the estate. An administrator manages the estate in a similar way to how an executor does. The difference is that an executor is chosen by the will-maker whereas an administrator manages the estate only where the deceased made no will.
21. What is a guardian?
If you have minor children, then you can use your will to appoint a guardian for them in case you pass away before they become adults. Usually, an older sibling or parent is appointed as a guardian.
22. What is a power of attorney?
A Power of Attorney is a legal document through which you appoint another person, an attorney to make legal and financial decisions for you during your lifetime. A Power of Attorney (“POA”) can be limited so that the attorney can only make decisions about certain parts of your affairs, for instance only for your property. Alternatively, it can be unlimited to give your attorney authority over all of your legal and financial affairs.
23. What is an enduring power of attorney?
An Enduring Power of Attorney gives your attorney power to act for you even if you become incapacitated through illness or injury.
24. Who should I appoint as my attorney?
A trusted child, parent, spouse or friend. Alternatively, you may prefer to appoint a respected professional such as your lawyer.
Choosing the right person to act on your behalf when you can’t act for yourself can mean the difference between having your wishes met and having important decisions made by someone who may not know your preferences.
25. Can I create a trust in my will?
Whilst not as common, Trust can be an invaluable means of ensuring privacy, limiting estate tax liability, whilst protecting and providing care for your loved ones.
26. What is a probate application?
Probate is the process of proving the originality and validity of a will. It involves a court application to the Supreme Court Registry, who review the will and supporting materials to confirm that the will satisfies all of the formal legal requirements in NSW.
- Liezel Smit, The Salvation Army Relationship Manager Wills & Bequests
- Margaret Fowler Russel
- Paul Christopher
- Mr K. T. Lee
- Ayse Erinc
- Joanna Shean
- Dustin Van Roest
- Mr & Ms Tse
- R. York
- Karen, Mr & Mrs Ho
- Annie Sze
- Matthew Chan
- Walter & Salina
- Angelika Rouvalis-Austin
- Angela and Matthew Allanson
Suite 401
483-491 Kent Street
Sydney NSW 2000
Australia
© 2022 David Kam & Co Solicitors All rights reserved
Liability limited by a scheme approved under Professional Standards Legislation.