Kemps Petersons Legal
Kemps Petersons Legal (KPL) offers by-laws and legal services with extensive experience in strata and community living environments
The legal backbone to PICA Group, Australia’s leading strata and property services company, we provide a wide range of legal services across industries in areas such as by-law drafting, bankruptcy, insolvency, property and estate law and commercial litigation.
Our team of dedicated lawyers and paralegals are focused on helping individuals, communities and businesses get back on track by providing them with practical, timely legal advice that helps them achieve the best possible outcome.
How we manage bankruptcy and insolvency
Australia’s two main pieces of legislation governing bankruptcy and insolvency are:
- The Corporations Act 2001 covering insolvency for companies
- The Bankruptcy Act 1966 covering insolvency for individuals.
Bankruptcy and insolvency
Need help recovering money that’s owed to you or advice regarding the issue of bankruptcy or insolvency notices? At Kemps Petersons Legal (KPL), we provide expert legal advice on bankruptcy and insolvency issues, engaging closely with liquidators and trustees to ensure the best possible outcomes are achieved for both our clients and their customers.
We support individuals and businesses facing tough financial situations and provide expert advice on a range of legal aspects, including:
- Bankruptcy and insolvency applications
- Company director declarations
- Voluntary administration
- Receivership
- Liquidation
- Lodgement of caveats
- Drafting of deeds
- Court possession of the property
- Sale of property on behalf of a trustee.
Our experienced teams can assist strata committees, individuals and businesses regardless of their field. We act for clients in a range of different industries including strata and property services, construction, manufacturing, transport, media, retail and professional services.
How we manage strata by-law drafting and registration
Every strata property is required to have a set of by-laws in place. These are the strata or body corporate building rules for common property use which the owners corporation, residents and visitors must abide by.
They provide clear guidelines on what can and can’t be done on the property and help to protect strata owners from disputes and litigation.
At Kemps Petersons Legal, our strata legal services include a customer-focused and affordable by-law service that includes:
Drafting – we can help you draft your strata by-laws, ensuring that they are fair and reasonable, non-discriminatory and in accordance with current laws and public policy
Updating – if they become irrelevant or out of date over time, we can show you how to change strata by-laws and help you update or amend them accordingly
Registering – once drafted, we will register your by-laws with your relevant state body in the correct format and within the required time frame
Consolidating – we will also submit your strata by-laws for consolidation, ensuring accurate formatting, numbering and vetting of repealed by-laws and including previously amended by-laws in a logical sequence.
At Kemps Petersons Legal, we draft precise and effective by-laws so that your strata property is protected by clear rules to maintain its value, minimise risk and create a harmonious community living lifestyle. Here are some of the strata by-laws we can prepare:
- Exclusive use of property
- Renovations and works
- Short-term letting
- Parking
- Pools and facilities
- Food delivery
- Moving in and out
- Occupancy limitations
- Fire safety
We can also draft by-laws for any kind of scheme or title combination. This includes strata, community, company or Torrens title, neighbourhood and precinct schemes, retirement villages and all Australian land schemes and titles.
So, whether you need straightforward by-law drafting or something more technical, Kemps Petersons Legal can help with expert strata by-law services at a highly competitive price.
How we manage property and estate law
Kemps Petersons Legal has the skills and experience to help you achieve the best possible outcomes in legal matters relating to your home, investments and estates. Our expert legal teams can help you with any property matter, from property law and conveyancing to estate law and wills.
Property law and conveyancing
Kemps Petersons Legal helps to reduce the stress of dealing with property issues by communicating clearly with all parties and keeping matters transparent and straightforward.
Whether it’s your home, strata property or commercial lease, we can provide practical legal solutions to your property and conveyancing issues and our services include:
- Property disputes
- Strata and community living
- Buying, selling and leasing property
- General property advice.
Estate law and wills
Estate law is a sensitive area that requires delicate handling and at Kemps Petersons Legal, we make a difficult process as easy as possible for families and beneficiaries.
We handle matters smoothly and, in a timely, efficient manner to ensure that last wishes are met, and important possessions are appropriately managed. Our estate law services include:
Drafting wills
Will disputes
Powers of attorney and enduring guardianship
Probate and administration
Estate litigation
How we manage commercial litigation
Commercial litigation comes into effect when negotiations break down between parties in dispute. The process of taking a commercial claim through court is a challenging and complex area of law, requiring specialised lawyers who practice as barristers.
No matter what legal issue you have or what level of assistance you require, our expert team at Kemps Petersons Legal can provide the advice and expertise you need.
Our experienced commercial litigation team can resolve a wide range of issues relating to:
- Business
- Contracts
- Bankruptcy, insolvency and debt recovery
- Credit policies
- Terms and conditions
- General property advice
- Industrial business
- Commercial motor vehicle claims
- Civil litigation
- Commercial arrangements for strata, leasing, licensing and investments.
We know that time and money matter and we focus on prompt action by facilitating all processes in the most expedient manner. To speed things up, even more, we also offer a nationwide service with same-day electronic document filing in most Australian courts.
At Kemps Petersons Legal (KPL), our aim is always to have your matter dealt with in the most efficient way possible and to ensure that you get the best possible outcome.
How we manage short term letting by-laws
Short term letting through online platforms such as Stayz and Airbnb is not just for those seeking luxury apartment accommodation. It’s also popular amongst backpackers and groups of young travellers as a low-cost accommodation option outside of the expensive tourist areas.
But while many owners living in strata properties have embraced the opportunity to make some extra money by temporarily renting out their lots, their neighbours have often borne the brunt of this trend, by having to put up with noise and problematic behaviour from some short-term renters.
As a result of this and after a groundswell of complaints from strata owners, short term letting is now undergoing some regulatory changes. And while other states are slower to react, New South Wales has already made changes to the Fair Trading Act 1987 and the Strata Schemes Management Act 2015.
This means that owners of strata properties in New South Wales can now create a by-law prohibiting short term letting when the lot being rented is not the owner’s principal place of residence.
To do this yourself, you’ll need to have a by-law drafted, have it passed by special resolution at a general meeting of all owners (75% of votes must be in favour) and then register your new by-law within 6 months.
And that’s where Kemps Petersons Legal can help. We specialise in drafting tailored and watertight by-laws for strata properties to minimise risk and aid in the smooth running of a harmonious community.
We also take care of the consolidation and registration process, ensuring a comprehensive experience. And because we’re part of the PICA Group family of companies, you can have your new by-law drafted at a reduced rate, thanks to PICA Group privilege customer offers.
How we manage food delivery by-laws
With the pandemic causing people to spend more time at home, it’s no surprise there’s been an increased demand for food deliveries from services like UberEats, Menulog and DoorDash.
While these services are convenient, an influx of delivery people coming and going at all hours of the day and night can raise concerns surrounding health and safety and building security.
When not well managed, delivery drivers are often left waiting in common property entrance ways or are forced to find their way to the customer, going up and down in the lifts and walking the corridors to find the right door.
This frequent movement in and out of the building by strangers can not only cause a disturbance to fellow neighbours in strata properties but can also increase the risk of building crime.
So for peace of mind and harmonious strata living, the strata committee or owners corporation can choose to create a by-law that determines how food deliveries are managed. Such a by-law would include:
When and where food delivery providers are allowed on common property
Where residents can collect food deliveries
What instructions are to be communicated to delivery drivers by lot owners, such as keeping the noise down and removing helmets when entering the building.
It’s important that your food delivery by-law is drafted by a strata specialist and that’s where Kemps Petersons Legal (KPL) comes in. We’re experts in drafting strata by-laws or building rules that protect owners from liability and help communities run smoothly.
We also take care of the consolidation and registration process and right now, thanks to PICA Group privilege customer offers, you can have your by-law drafted at a discounted price.
How we manage fire safety by-laws
Having the right fire rules in place can help to reduce risks and neighbour disputes and save your strata property money. Kemps Petersons Legal (KPL) specialise in the drafting of by-laws that deal with all aspects of fire safety in a strata community.
Smoking
We can help you draft special by-laws that place restrictions on things such as:
- Where people can smoke in common property areas
- How cigarette butts must be extinguished
- Restrictions on leaving butts, matches or lighters on common property.
Fire safety
The right fire safety rules can prevent residents from acting in a way that reduces compliance or increases risk and KPL can help by drafting specialised fire safety by-laws that:
- Place restrictions on activities that reduce the fire safety of a property
- Place restrictions on altering a fire door or lock
- Place restrictions on smoking within stairwells or close to fire exits
- Require owners to maintain fire safety equipment, including smoke detectors within their lots at their own cost
- Require owners to open up their private lots to assist fire safety inspections (with written notice).
False alarms
Whether accidental or deliberate, false fire alarm call-outs can cost a strata community a lot of money. Kemps Petersons Legal can help by drafting by-laws for false fire alarms that:
- Place obligations on residents if they inappropriately activate a fire alarm
- Make residents responsible for any costs associated with a smoke alarm that is falsely set off
- Allow lot access for local council orders
- Make residents responsible for the rectification of any fire safety defects within their lot.
Book a free consultation today
If you’re currently experiencing a legal issue or would like to take steps to prevent one from occurring, we’re here to help at Kemps Petersons Legal.
Whether it’s strata by-law drafting, bankruptcy, insolvency, property and estate law, or commercial litigation our experienced teams can help you achieve the best possible solution to your legal problem.
For a free consultation, simply fill in the form and one of our team members will be in touch with you shortly.
Book a FREE consultation today
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