Medcalf Legal

07/05/2025

Happy 1st birthday to us! 🥳

It has been such an exciting and rewarding first year and we look forward to continuing to grow and help our clients for many more years to come.

Pictured: our youngest employee celebrating (and slacking off!).

17/02/2025

07/01/2025

Happy New Year to all our clients and colleagues 🎉

We have reopened after a much needed break and are looking forward to assisting many more clients with their family law, criminal law and estate-planning matters in 2025.

www.medcalflegal.com.au
[email protected]
(02) 4033 2182

09/10/2024

Perks of the job - exploring NSW!

06/10/2024

If you have been charged with a criminal offence, and at the time of the offence you were suffering from a mental health or cognitive impairment, you can make what is called a “Section 14” application to the Court.

Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 allows the Court to dismiss a charge and discharge the defendant into the care of a “responsible person”, usually their psychologist or psychiatrist, either unconditionally or subject to conditions.

This is a complex area of the law which requires an experienced solicitor. Contact us today for representation in your criminal matter.

10/07/2024

❗️Did you know that you don't need to be divorced to negotiate and finalise a property settlement? In fact, we often recommend our clients complete this process prior to applying for a divorce, because once a divorce is granted, you have a time limit of 12 months to apply to the Court for property/financial orders. If you are separated but not yet divorced, there is no time limit, which means you can negotiate at your own pace without the added pressure of a ticking clock ⏱

Call now to connect with business.

18/06/2024

We are so proud to have supported The Big Three Trek and the Mark Hughes Foundation over the weekend by keeping the amazing walkers hydrated! Such a great cause and an amazing achievement for all of those involved.

11/06/2024

Caught speeding or using your mobile phone this long weekend? Contact us now for a free discussion about how we can help you avoid those double demerits 🚗

06/06/2024

MYTH: I have a Will, so if I lose decision-making capacity while I'm alive, my executor will just pay my bills and manage my finances.

FACT: A Will has no legal effect until you die. The executor of your Will has no power or authority whatsoever to make any financial or legal decisions for you while you are still alive. If you want your executor or another person to make these sorts of decisions on your behalf if you lose capacity, you must appoint them as your attorney under a valid Power of Attorney document.

MYTH: I'm married, so if I lose decision-making capacity while I'm alive, my husband/wife will just pay my bills and manage my finances.

FACT: Marriage does not override the requirement for a Power of Attorney. If you lose capacity or otherwise require assistance with financial decisions, your spouse will not automatically be authorised to make these decisions for you. Instead, they would be required to apply to the NSW Civil and Administrative Tribunal (NCAT) for a financial management order which can be a long and complex process.

MYTH: I have appointed an attorney under a Power of Attorney document, so if I lose decision-making capacity, my attorney will decide where I live and what healthcare I receive.

FACT: In NSW, an attorney cannot make health, medical or lifestyle decisions for you. In order to appoint someone to make these decisions for you if you lose capacity, a separate document is required, namely an Appointment of Enduring Guardian document.

Contact us today to discuss your estate planning needs.

29/05/2024

✋🛑🚙

Before you decide to court-elect a penalty notice, you should seek legal advice about the possible consequences.

If you receive a penalty notice for an offence like speeding, going through a stop sign or using your mobile phone, you might be thinking about taking the matter to court to avoid paying the fine or incurring the demerit points.

If you court-elect a penalty notice, you are asking the court to deal with you as if it was a criminal matter. This means that you have to plead guilty or not guilty to the offence.

More often than not, the offence has been caught on camera, so a guilty plea should be entered. From there, you can ask the Court to dismiss the matter without recording a conviction against you (known as a “Section 10”). While this may be possible if you have a spotless traffic record, you could instead be convicted of the offence. This means that you will incur the demerit points, pay what could be a BIGGER fine (the Court has the power to do this) and leave Court with a criminal record. You could also be hit with court costs.

If you are considering court-electing a penalty notice, or you need advice in relation to any other traffic matter, contact us today.

23/05/2024

Thank you Port Stephens News Of The Area for the article! An eloquent summary of who we are and what we do.

https://www.newsofthearea.com.au/port-stephens-news-of-the-area-23-may-2024

20/05/2024

If you or someone you know needs legal representation but cannot afford it, contact us today to discuss your eligibility for Legal Aid.

Medcalf Legal is a member of the following Legal Aid panels:

🔸Family Law
🔸Summary Crime
🔸Domestic Violence

We can assist you to complete and file an application for Legal Aid, talk you through the process and represent you if your application is granted.

(02) 4033 2182
[email protected]
www.medcalflegal.com.au

Medcalf Legal is your local and trusted family, criminal and estate planning lawyer, servicing Newcastle, Maitland and Port Stephens