Toronto office practice areas
If you have been arrested by the Police or the Police want to speak to you obtain some legal advice first. We can appear with you if you are required to attend Court.
Going to court?
If you have been charged with a criminal offence or have received an application for an apprehended violence order you will have a court date. Our criminal lawyers will advise you about the law relating to your charge or the application prior to that court date. They will attend court with you and speak on your behalf.
Occasionally more than one court appearance is required to obtain the best outcome and we will ask you for further information relating to references, medical conditions and attendances at programs.
If you plead not guilty we will properly prepare your case and argue it in court for you.
If you are dissatisfied with an outcome in a court matter it is sometimes possible to appeal the decision to a higher court. Our solicitors can assist by appearing with you and presenting your case. After the initial decision there is only 28 days in which to lodge an appeal, so it is important to obtain legal advice as soon as possible.
Speaking to police
You are free to advise police that you wish to seek legal advice before speaking to them. It is important to know what your rights are and what the police obligations are before you attend an appointment at the police station for any matter whether you are under investigation or whether you are a witness. Our solicitors are available to assist you and if necessary attend the police station with you. Remember, in most cases if you are under investigation you have the right to be silent.
Our solicitors are able to give you advice in relation to tickets, elections to go to court, de-merit points, licence appeals and more serious driving matters.
If you have a query or issue with a traffic infringement notice or a court attendance notice you should contact your solicitor as early as possible to obtain advice. In the case of a court attendance notice before the first court date. In the case of a traffic infringement notice do not pay it until you have first obtained advice if you do have a query or issue with it.
Be aware traffic matters are one area of the law where police are entitled to demand and obtain information from you including license details, the name and address of the driver of a vehicle which is registered in your name and if you have been involved in an accident, a version of it.
Our family law specialists understand the importance of both expert advice and support when tough family times arise. We are committed to helping everyday Australian’s move forward with their lives by providing the legal guidance they need.
Filling out and preparing court documents can be difficult for clients, so the team at Turner Freeman will ensure that you have the assistance you need with the paperwork relevant to your matter including drafting your Initiating Application or Response, Financial Statements, Subpoena, Affidavits and Consent Orders.
We will represent you in negotiations or liaise with the people relevant to your case, whether it is your former partner, their lawyer, Independent Children’s Lawyer, barristers, counsellors, mediators, experts, witnesses, and the Court.
We will appear on your behalf in Court, mediation or in settlement negotiations when required and/or instruct Counsel in hearings as necessary and ensure that, as best we can, you will have continuity of legal representation for the duration of your legal matter.
If you have a dispute about a contract or need assistance in drafting a contract we can help.
We can assist you in deciding if your dispute needs to go to court or whether or not some form of alternative dispute resolution is appropriate. We have always encouraged clients to try and resolve disputes before going to court as it is much cheaper and quicker. If you have a consumer dispute, the Consumer Trader and Tenancy Tribunal of NSW may be able to assist.
Recovering a debt usually means having to file a summons in a court. If the debtor does not dispute owing the debt then you would not need to attend court and enforcement proceedings to try and recover what is owed can be conducted by default.
We can advise the best way to proceed. If a debt is owed by a company, alternative measures by way of a statutory demand can be used.
If the debtor disputes owing all or some of the debt then, depending upon the size of the debt, court procedures to resolve the dispute have been simplified. If the amount owed is under $10,000 then the Local Court will decide the dispute “on the papers” provided and no one needs to get into a witness box.
It is important that you have the necessary records to prove who owes you the debt and what is owed.
These disputes can cause a great deal of stress and worry, and can be over things such as dividing fences, the need for temporary use of your neighbour’s land to carry out construction or repairs to your property, or a tree on your neighbour’s land that is causing damage to your property. We will always endeavour to help minimise the stress this can cause and if the dispute escalates into violence and/or threats and harassment then an apprehended personal violence order can be applied for to restrict the behaviour of people. (See our going to court section).
Many of these disputes can be decided, usually by the Local Court in your district. Sometimes the Court may require parties to endeavour to resolve the dispute by alternative methods before actually hearing the dispute. The community justice centre is an excellent vehicle to try and resolve some of these disputes before they get out of hand.
You may end up in dispute with an insurance company. There can be many reasons for this – damage to your motor vehicle or your property, or if it is alleged you have damaged someone else’s property. It could also be over refusal to pay a claim for damage or under a personal sickness or life insurance policy.
The law puts certain limits on how an insurer must deal with you and what it must do in refusing a claim. It may ultimately be that a court has to interpret your insurance policy and decide if your insurer or someone else’s should pay. Time limits apply in going to court.