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Get in Touch Today
Reaching out to Hannaway Lawyers Pty Ltd means connecting with a responsive team ready to assist clients across Port Macquarie, Wauchope, Kempsey, Laurieton, Taree, and Forster. Whether you have questions about family law, criminal matters, property transactions, or civil disputes, our team is here to listen and respond.
Contact (02) 6584 5510, email us directly, or submit your enquiry through the contact form to get started.
FAQs
What legal services does Hannaway Lawyers Pty Ltd provide?
At Hannaway Lawyers Pty Ltd, we offer a comprehensive range of legal services. Our areas of practice cover family law matters, divorces, serious criminal law cases, wills, estates, conveyancing, and appeals in different courts. We represent clients in the local court, district court, federal court, family court, Supreme Court of NSW, tribunals, and mediation sessions. Additionally, we also provide assistance with apprehended violence orders.
Can Hannaway Lawyers Pty Ltd assist with property transactions?
Yes, at Hannaway Lawyers Pty Ltd, we provide services related to the transfer, sale or purchase of properties and businesses. We negotiate all aspects of real estate deals in compliance with the law. If you’re considering a property transaction or need legal guidance on real estate matters, reach out to us today for assistance.
When should I seek professional advice from a lawyer?
It’s advisable to seek advice from a lawyer whenever you face a legal issue or uncertainty. Whether it’s a family dispute, a criminal charge, property transactions or drafting a will, having a lawyer’s guidance can help you make informed decisions. At Hannaway Lawyers Pty Ltd, our team can assist you with a wide range of legal matters. If you’re in need of legal advice or representation, don’t hesitate to contact us today.
Do I need a lawyer for an AVO?
While it’s not mandatory to have a lawyer when dealing with an Apprehended Violence Order (AVO), it’s highly recommended. A lawyer can provide guidance on the implications of the order, represent you in court and help ensure your rights are upheld. If you or someone you know is facing an AVO, don’t hesitate to contact Hannaway Lawyers Pty Ltd for legal assistance.
What is the role of a mediator at Hannaway Lawyers Pty Ltd?
Mediators at Hannaway Lawyers Pty Ltd can assist you in settling family and relationship disputes. We can highlight issues and concerns to promote resolution between parties. Douglas Hannaway, in particular, is a registered Nationally Accredited Mediator and can provide mediation services in all legal areas, primarily facilitating family law mediation.
How can I appeal a family court decision?
Appealing a family court decision is a complex process that requires a thorough understanding of the law and the specific grounds for appeal. If you believe there has been an error in the judgment, it’s important to seek legal advice. At Hannaway Lawyers Pty Ltd, we can handle appeals in various courts and guide you through the steps to help protect your rights.
Why choose Hannaway Lawyers Pty Ltd?
From divorces to complex criminal law cases, we can help you navigate a range of legal matters. Our aim is always to provide guidance that’s both comprehensive and tailored to the unique intricacies of each case. We understand the urgency and intricacies of legal matters, which is why we always aim to respond promptly. Our advice is backed by strategic analysis and planning, which is especially important when dealing with complex matters. Contact us to make an appointment.
How do you assist victims of domestic violence?
Domestic violence is a serious matter and we’re committed to supporting victims. We can assist in obtaining Apprehended Domestic Violence Orders (ADVOs). Additionally, we provide advice and representation for those seeking to apply for an AVO privately. Our team is also associated with various panels and services related to domestic violence, providing comprehensive support for victims.
What's the difference between an ADVO and an APVO?
In New South Wales, there are two types of AVOs. The Apprehended Domestic Violence Order (ADVO) is for parties who are or have been in a relationship, are related, live together, reside in the same facility or are in a carer relationship. On the other hand, the Apprehended Personal Violence Order (APVO) is for acquaintances without a domestic relationship, such as neighbours or work colleagues.
How can I benefit from Mediation services?
Mediation is a valuable tool for resolving disputes without resorting to court proceedings. At Hannaway Lawyers Pty Ltd, we offer respectful mediation services, helping parties articulate their issues to promote resolution. Our mediation process is designed to facilitate open communication, allowing both parties to reach a mutually agreeable solution. Whether it’s a family dispute or another matter, our team is here to guide you through the mediation process.
Why is it important to have a will?
A will is a clear and legally binding document outlining how you wish your assets, property and belongings to be distributed after your passing. Without a will, the distribution of your estate is determined by standard legal protocols, which might not align with your preferences or the best interests of your loved ones. At Hannaway Lawyers Pty Ltd, we can assist you in drafting a will that reflects your desires.
Family Law
Will I have to go to family court related to my case?
No. When the matter involves children or a property settlement following separation, it is possible to obtain a settlement before having to go to court. Hannaway Lawyers Pty Ltd can help you negotiate a settlement with the other party, such as your ex-partner. If you can’t get agreement, we have experienced litigators who can assist you with the court process.
I already have an agreement with my ex. Do I need your help?
Yes. When you come to our firm, we can help to put the agreement in writing, so it is legally binding and covers all aspects. Examples include: legally binding property orders or parenting orders.
What are my options following separation if I cannot financially support myself?
There are two options for ex-spouses when they cannot financially support themselves. These include spousal maintenance and adult child maintenance. A party can apply for a lump sum or monthly payment from their spouse, while they can receive adult child maintenance under special circumstances for children over 18. Regular child support applies to children under 18.
I was in a de facto relationship, can I do a property split?
A de facto relationship is a relationship between two people (whether same sex or opposite sex) who are unmarried and unrelated but have been living together on a ‘genuine domestic basis’. If you have been in a defacto relationship for 2 years, or you have a child together, or you have made substantial contributions to the acquisition, conservation or improvement of any property of the parties, you can apply to the court for a decision about the property.
How do I get a divorce?
To apply for a divorce, you must be separated from your spouse for at least 12 months, or 2 years if the marriage is less than 2 years old. There must be an ‘irretrievable breakdown’ of the marriage, and if you have children under 18 you must be able to show that there are adequate arrangements in place for them to spend time with each parent or that there is a good reason why there are no arrangements. You apply for a divorce either jointly, or separately. The filing fee for the court as at 1 July 2019 is $910. You can apply for reduced fees, at which time it is $305. If you require solicitors to help you draft the documents and act for you, additional legal costs will be incurred. If you have a solicitor, they can apply for the divorce hearing to be done by telephone, rather than have you go to Newcastle in person for the divorce hearing. It is important to know that getting divorced is not the same as negotiating and obtaining a property settlement. For that, see our page on family law.
Criminal Law
I was arrested for a crime I did not commit. What should I do?
Clients who believe they were falsely arrested and charged with a crime should take the matter very seriously. The best step that you can take is to contact us and have us take charge of your case. We go through the evidence, speak with prosecutors and attempt to get the case dismissed as quickly as possible. If the police go ahead with the charges, we can represent you to defend against the charges.
Do I have the right to remain silent under Australian law?
In broad terms, most criminal law matters do provide you with a right of silence if you are questioned by the police or anyone else regarding the case. It is always advisable that you do not say anything to the police or detectives unless you have a chance to communicate with a lawyer and obtain advice.
If you are arrested, you are obligated to answer questions regarding your identity including name, address and date of birth only. You have a right to refuse to answer all other questions.
Should I plead guilty or not guilty when I go to court for the first time?
You should not enter a plea of guilty or not guilty before first seeking legal advice.
Pleading not guilty can mean one of the following:
- You did not commit the crime, or
- You did commit the crime but you have a defence (like self defence or reasonable mistake of fact), or
- You want to see the brief of evidence before you decide to enter a plea
Professional legal advice on your matter is crucial prior to you attending court. There are benefits to pleading early in a matter, with a 25% discount on your sentence.
In really serious matters that go to the District Court, the brief must be served before people enter a plea.
What is a CAN and facts sheet?
A CAN is a court attendance notice. That is the police document that lists what offences you have been charged with, and what court the charges are listed at, on a specified time and date. A facts sheet is attached to the CAN. This document is a summary of the “facts” as the police say they are. They write up the facts based on what their witnesses say happened. The facts sheet is subject to change if you do not agree with the details it contains.
How much do you charge?
Our costs are dependant on a number of matters, including the type/seriousness of offence, whether the matter will stay in the local court or go up to the District or Supreme Court, whether you are pleading guilty or not guilty, whether you need a bail application, whether you need us to issue subpoenas or make interlocutory applications before the trial and whether you may need us to brief a barrister. We will be able to provide you with a cost estimate when we know what will be involved in your matter.
Other
Do I need a Will, Power of Attorney or Enduring Guardianship?
Every person over the age of 18 should make a Will. Your Will sets out how you want your property and possessions distributed when you die. Dying without a valid Will means your property is divided according to a strict legislative formula known as ‘intestacy’. You have no say in who gets what, and you may give to people you never intended to. A power of attorney is a legal document in which you appoint the person to manage your assets and financial affairs while you are alive. You may, for instance, be travelling overseas and want to give your attorney access to your bank accounts to pay your bills or manage your finances, or you may become unwell and be unable to manage your own affairs. A power of attorney does not give someone the right to make decisions about your lifestyle, medical treatment or welfare. These decisions are covered by enduring guardianship.
What can I do if someone owes me money?
If you have been unable to collect your debt, you can seek help from a solicitor to write a letter to the person as a first step. If that fails you may need to start legal proceedings. You must act against the debtor within six years from the date on which the debt arose. After that you may find that your claim is ‘statute barred’, that is, out of time. If you engage a solicitor, you will be responsible for their fees regardless of whether you recover money from the debtor. You should ask your solicitor whether the cost is worthwhile, bearing in mind the amount of the debt, the likelihood of obtaining judgment, the limited amount of costs recoverable, the costs you may be required to pay if you are unsuccessful, and the prospects of enforcing any judgment.
Do I need a solicitor or a conveyancer to sell or purchase property?
Conveyancing is the legal process of transferring the ownership of a property from one person to another. If you want to buy or sell a home, land or investment property you’ll have to sign a contract. The legal work involved in preparing the sales contract, mortgage and other related documents, is called conveyancing. A lawyer is a person who is trained to advise clients on their legal rights and obligations in a variety of circumstances, including the buying and selling of real estate and the conveyancing process. A conveyancer is a person who is licensed to assist buyers and sellers of real estate through the conveyancing process, but cannot advise on areas of law that are beyond “conveyancing work” as defined in the Conveyancers Act 2006.
What is a CAN and facts sheet?
A CAN is a court attendance notice. That is the police document that lists what offences you have been charged with, and what court the charges are listed at, on a specified time and date. A facts sheet is attached to the CAN. This document is a summary of the “facts” as the police say they are. They write up the facts based on what their witnesses say happened. The facts sheet is subject to change if you do not agree with the details it contains.
How much do you charge?
Our costs are dependant on a number of matters, including the type/seriousness of offence, whether the matter will stay in the local court or go up to the District or Supreme Court, whether you are pleading guilty or not guilty, whether you need a bail application, whether you need us to issue subpoenas or make interlocutory applications before the trial and whether you may need us to brief a barrister. We will be able to provide you with a cost estimate when we know what will be involved in your matter.
