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Legal Services — New South Wales

Legal help when
it matters most.

Probus Legal Pty Ltd is a NSW solicitor practice offering clear, honest advice and personal representation in criminal law, family law, elder law, estate planning and succession — with a strong commitment to supporting vulnerable people.

Areas we can help you with
  • Vulnerable persons — capacity, protection & access
  • Criminal law — charges, bail, hearings & appeals
  • Family law — separation, children & property
  • Elder law — guardianship, abuse & aged care
  • Estate planning — wills, powers of attorney
  • Succession — probate, disputes & family provision
  • Business & Entity Structuring — companies, trusts & restructures

Our services

How we can help you

Whether you are facing criminal charges, a family breakdown, planning for the future, or dealing with a loved one's estate — we provide straightforward legal advice and personal representation across New South Wales.

01Vulnerable Persons
02Criminal Law
03Family Law
04Elder Law
05Estate Planning
06Succession
07Business & Entity Structuring

Criminal Law

Being charged with a criminal offence is frightening and can have serious consequences for your future, your employment and your family. We are here to guide you through the process clearly and stand beside you at every step — from your first court appearance through to finalisation of your matter.

We can help you with

  • Understanding the charges against you and what they mean for your situation
  • Applying for bail if you are in custody or have been refused bail
  • Preparing for Local Court, District Court or Supreme Court hearings
  • Negotiating with prosecutors to resolve your matter early where possible
  • Presenting your best case at sentence to minimise the impact on your life
  • Applying for or defending an Apprehended Violence Order (AVO) or Apprehended Domestic Violence Order (ADVO)
  • Lodging an appeal if you believe the verdict or sentence was wrong
If you or someone you know has been arrested, charged, or served with an AVO, contact us as soon as possible. Early legal advice can make a significant difference to the outcome of your matter.
Get criminal law advice

Matters we handle

Assault & violenceDrug offencesFraud & dishonestyDriving offencesDomestic violenceSexual offencesAVOs & ADVOsBail applicationsSentence appealsSerious indictable offencesCommonwealth offences

Common questions

Do I have to go to court?

In most criminal matters you are required to attend court in person. We will attend with you, speak on your behalf, and ensure you are never left to face the process alone.

What if I cannot afford a lawyer?

We will discuss our fees and payment options openly with you. Legal Aid NSW may be available depending on your income and the seriousness of the charge — we can advise on eligibility.

Will I get a criminal record?

Not necessarily. Depending on the charge and your circumstances, there are options such as section 10 dismissals or conditional release orders that avoid a conviction being recorded. We will always aim for the best possible outcome for your record.

Family Law

Separation and family breakdown are among the most difficult experiences you can go through. We approach family law with sensitivity and practical focus — helping you reach safe, fair and workable arrangements for your children and your finances, with as little conflict as possible.

We can help you with

  • Parenting arrangements — where your children will live and how time is shared
  • Protecting your children where there are safety concerns or family violence
  • Dividing property, superannuation and financial assets fairly after separation
  • Spousal maintenance if you need financial support after the relationship ends
  • Formalising agreements through consent orders or binding financial agreements
  • Representing you in court if agreement cannot be reached by negotiation
If family violence is a factor in your separation, we work closely with our criminal law team to ensure protection orders and parenting proceedings are coordinated in your best interests.
Talk to a family lawyer

Areas we cover

Separation & divorceParenting ordersProperty settlementChild supportSpousal maintenanceBinding financial agreementsRelocationGrandparent contact

Common questions

Do I have to go to court for a property settlement?

Not necessarily. Most matters are resolved by agreement, through negotiation or mediation. We will always try to reach a fair resolution without the cost and stress of court proceedings.

What happens to my children during separation?

Arrangements for children can be informal, set out in a parenting plan, or formalised by consent orders. We help you reach arrangements that prioritise your children's safety and wellbeing.

Is there a time limit on property settlement?

Yes. For de facto couples, you generally have two years from the date of separation to apply. For married couples, one year from the date of divorce. We recommend seeking advice promptly.

Elder Law

As we age — or as we help an ageing parent navigate complex legal and care decisions — having the right legal support matters enormously. We assist older people and their families to understand their rights, put protective arrangements in place, and respond to elder abuse.

We can help you with

  • Setting up an Enduring Power of Attorney so a trusted person can manage your finances if you lose capacity
  • Appointing an Enduring Guardian to make personal and medical decisions on your behalf
  • Applying to NCAT for a guardianship or financial management order for a family member
  • Taking legal action if an older person is being financially, physically or emotionally abused
  • Disputes about retirement village agreements, fees and exit entitlements
  • Understanding your rights as an aged care resident and challenging decisions made about your care
Elder financial abuse — where a person's money or assets are misused without their consent, often by a family member or carer — is more common than most people realise. We handle these matters with urgency and discretion.
Get elder law advice

Areas we cover

Enduring Power of AttorneyEnduring GuardianshipNCAT applicationsFinancial management ordersElder abuseRetirement village disputesAged care rightsCapacity planning

Common questions

What is an Enduring Power of Attorney?

It is a legal document that lets you appoint someone you trust to manage your finances and legal affairs if you become unable to do so yourself. It must be made while you still have capacity — it cannot be put in place after capacity is lost.

My parent has dementia. What can I do?

If no Power of Attorney is in place, we can apply to NCAT for a financial management order and guardianship order, so that a suitable person is appointed to manage their affairs and wellbeing.

I think my sibling is misusing mum's money. What can I do?

NCAT has the power to revoke an attorney's appointment and investigate misuse of funds. In serious cases, criminal charges may also be appropriate. We can advise you on the right course of action.

Estate Planning

A well-prepared estate plan gives you peace of mind that your wishes will be carried out and your loved ones properly provided for. We take the time to understand your family and financial situation and prepare documents that are clear, legally sound and designed to minimise the risk of future disputes.

We can help you with

  • Preparing a professionally drafted Will that accurately reflects your wishes
  • Including a testamentary trust in your Will to protect assets for children or vulnerable beneficiaries
  • Reviewing and updating your Will after major life changes such as marriage, separation or having children
  • Advice on blended families, second marriages and competing obligations to different family members
  • Ensuring your superannuation death benefit nominations are valid and up to date
  • Coordinating your Will with Powers of Attorney and Enduring Guardianship appointments
A Will made without legal advice can be invalid, ambiguous or open to challenge. We prepare Wills that are properly executed, clearly expressed, and designed to give effect to your intentions.
Plan your estate today

Documents we prepare

WillsTestamentary trustsEnduring Power of AttorneyEnduring GuardianshipAdvance care directivesSuperannuation nominationsEstate plan review

Common questions

What happens if I die without a Will?

Your estate is distributed according to NSW's intestacy rules, which may not reflect your wishes and can create real hardship for people you intended to provide for — including a de facto partner or stepchildren.

Can I change my Will?

Yes, at any time while you have legal capacity. We recommend reviewing your Will after marriage, divorce, separation, the birth of children, or any significant change in your financial situation.

What is a testamentary trust and do I need one?

A testamentary trust is a trust created by your Will that holds and manages assets for beneficiaries rather than giving them the money outright. It is particularly useful for minor children, people with disabilities, or situations where a beneficiary may be financially vulnerable or facing relationship breakdown.

Succession Law

Succession law determines what happens to a person's estate after they die — and what happens when there are disputes about it. We advise on family provision claims, Will validity, and succession disputes. Estate administration and distribution of assets involve AML/CTF obligations and are handled by our retained accounting practice.

We can help you with

  • Making a family provision claim if you have been left out of a Will or not adequately provided for
  • Defending an estate against a family provision claim
  • Challenging the validity of a Will on grounds of testamentary capacity or undue influence
  • Advice on notional estate and whether assets transferred before death can be clawed back
  • Advising executors and beneficiaries on their rights and obligations under the Succession Act 2006 (NSW)
In NSW, family provision claims must generally be made within 12 months of the date of death. If you believe you have been unfairly excluded from an estate, contact us early — time limits are strict and cannot easily be extended.
Get succession advice

Areas we cover

Family provision claimsWill disputesTestamentary capacityUndue influenceNotional estateContested estatesExecutor adviceBeneficiary rights

Common questions

Can I challenge a Will if I was left out?

Eligible persons — including spouses, children, former spouses and certain dependants — can make a family provision claim under Chapter 3 of the Succession Act 2006 (NSW). The court considers your needs, your relationship with the deceased, and the size of the estate. Time limits apply so seek advice promptly.

Can a Will be challenged if the person lacked capacity?

Yes. A Will is only valid if the person had testamentary capacity when they made it — meaning they understood the nature of the Will, the extent of their estate, and the claims of people who might expect to benefit. If capacity is in doubt, the Will may be challenged in the Supreme Court.

What if assets were transferred out of the estate before death?

Under the notional estate provisions of the Succession Act 2006 (NSW), a court can designate certain property transferred before death as part of the notional estate for the purpose of a family provision claim. We can advise whether this applies in your situation.

Business & Entity Structuring

Whether you are starting a business, protecting assets, bringing in a business partner, or reorganising an existing structure, the legal documents that create and govern your entities matter enormously. We draft clear, well-structured legal documents for companies, trusts, partnerships and joint ventures — and advise on what structure best suits your situation before any documents are prepared.

We can help you with

  • Advising on the right structure for your business or investment — company, trust, partnership or a combination
  • Drafting constitutions for proprietary companies, including corporate trustees and holding companies
  • Drafting shareholders agreements, founders agreements and subscription agreements
  • Drafting discretionary (family) trusts, unit trusts, bare trusts and hybrid trusts
  • Drafting SMSF trust deeds and charitable trust deeds
  • Drafting partnership agreements, limited partnership agreements and joint venture agreements
  • Restructuring existing entities — varying trust deeds, changing trustees, amending constitutions, changing share classes, and buy-sell agreements
  • Drafting documents for holding company and group structures
  • Not-for-profit structures — incorporated associations, companies limited by guarantee and charitable trusts
Structuring advice and document drafting are both within our scope. We work closely with your accountant — who handles ASIC lodgement, tax advice and AML/CTF compliance — so that the legal and accounting components are properly coordinated from the outset.
Get structuring advice

Documents we prepare

Company constitutionsShareholders agreementsFounders agreementsDiscretionary trust deedsUnit trust deedsSMSF trust deedsDeed of variationTrustee retirement & appointmentPartnership agreementsJoint venture agreementsBuy-sell agreementsNFP constitutionsGroup restructure documents

Common questions

Do I need a lawyer to set up a company or trust?

Technically no — but the documents that govern your structure have long-term legal and financial consequences. A poorly drafted trust deed or shareholders agreement can create serious problems when things change or relationships break down. Getting it right at the start is far less expensive than fixing it later.

What is the difference between what you do and what my accountant does?

We draft the legal documents — the trust deed, constitution or agreement — that give the structure legal effect. Your accountant advises on the tax and financial implications of the structure, lodges documents with ASIC and the ATO, and handles ongoing compliance. Both roles are essential and we work together with your accountant throughout the process.

Can you help if I already have a structure and need to change it?

Yes. Restructuring existing entities — varying a trust deed, changing trustees, amending a company constitution, or reorganising a group structure — is a significant part of what we do. We assess whether the change constitutes a restructure or simply an administrative step, and draft the appropriate documents accordingly.

Vulnerable Persons

We provide patient, accessible legal support for people whose circumstances mean they need a different kind of legal help — including people with mental health conditions, cognitive impairments, and older people facing capacity issues. We take the time to listen, explain your options clearly, and stand beside you throughout the process.

Protective & planning matters

  • Enduring Power of Attorney — appointing someone to manage your finances and legal affairs if you lose capacity
  • Enduring Guardianship — appointing someone to make personal and medical decisions on your behalf
  • NCAT applications — guardianship, financial management and consent orders for people who have lost capacity
  • Capacity planning for people with cognitive impairment, intellectual disability, acquired brain injury or early-stage dementia

Criminal & legal proceedings

  • Criminal representation where mental health or cognitive impairment is a factor in the matter
  • Fitness to plead and mental health defence matters under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)
  • MHRT appearances and support through the forensic mental health system
  • AVO and ADVO proceedings for people in vulnerable situations

Rights, access & support

  • Know your rights — plain language advice for people who have never engaged with the legal system before
  • Support for socially isolated people at heightened risk of exploitation or financial abuse
  • Hardship matters — including people who cannot afford representation, and people being pressured, pursued or harassed by companies or debt collectors demanding payment and who do not know their rights or what to do
  • Urgent and emergency situations — immediate harm, housing risk, detention or urgent children's matters
Access to justice should be real, not just a principle. If cost is a barrier, ask us about our pro bono and low bono program — we offer a limited number of matters each year to people who genuinely need help and cannot access it elsewhere.
Talk to us about your situation

Areas we cover

Mental healthCognitive impairmentEnduring Power of AttorneyEnduring GuardianshipNCAT applicationsFinancial management ordersFitness to pleadMHRTElder abuseAVOs & ADVOsKnow your rightsIsolation & exploitationHardship mattersUrgent & emergency situations

Common questions

A company keeps contacting me demanding money. I don't know what to do.

You have rights. Companies and debt collectors must follow strict rules about how and when they can contact you, and what they can demand. We can help you understand whether the debt is valid, whether the conduct is lawful, and what your options are — including how to make it stop.

My family member has a mental illness and has been charged with an offence. Can you help?

Yes. We can advise on mental health defences, fitness to plead, and diversion options under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), and represent your family member through the process including MHRT appearances.

My parent has dementia and has no Power of Attorney in place. What can I do?

If capacity has already been lost, a Power of Attorney can no longer be made. We can apply to NCAT for a financial management order and guardianship order so that a suitable person is appointed to manage their affairs and wellbeing under the Guardianship Act 1987 (NSW).

Can I get legal help if I cannot afford it?

Yes, in some circumstances. We offer pro bono and low bono assistance with priority given to vulnerable persons. Legal Aid NSW may also be available depending on your income and the nature of your matter. Contact us and we will have an honest conversation about your options.

Vulnerable persons

Support for people who need it most

Probus Legal is committed to accessible, patient and sensitive legal support for people in vulnerable circumstances — including those experiencing cognitive decline, family violence, financial exploitation or social isolation. We take the time to understand your situation and explain your options clearly, without legal jargon.

"Everyone deserves access to proper legal help — regardless of age, capacity or circumstance."

Cognitive decline & capacity

We assist people experiencing dementia or cognitive impairment, and their families, to put legal protections in place — or to apply to NCAT for orders where capacity has already been lost.

Guardianship Act 1987 (NSW) · NSW Trustee and Guardian Act 2009

Elder financial abuse

We help families identify and respond to situations where an older person's money or assets are being misused — often by someone in a position of trust. We act quickly to protect them.

Powers of Attorney Act 2003 (NSW) · NCAT Guardianship Division

Domestic & family violence

We assist people affected by domestic and family violence, including AVO and ADVO proceedings (handled through our criminal law service) and ensuring family law matters involving violence are approached safely and with appropriate protections in place.

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

People with disability

We offer flexible appointments, plain-language advice and welcome support persons attending with you. Access to justice should be real, not just a principle.

Disability Discrimination Act 1992 (Cth) · National Disability Strategy

Socially isolated people

We assist people who lack family support or who are at heightened risk of exploitation, ensuring their legal rights and financial interests are properly understood and protected.

NSW Trustee & Guardian Act 2009

Urgent & emergency situations

Where a person faces immediate harm, risk of losing their home, detention or an urgent family court matter involving children, we help with prompt advice and emergency referrals.

Via Legal Aid NSW · Community Legal Centres NSW

Access to justice

Pro bono & low bono
legal assistance

Probus Legal is committed to access to justice as a practical reality, not just a principle. We offer a limited number of pro bono (no fee) and low bono (reduced fee) matters each year to individuals who genuinely cannot afford legal representation but have a real legal need.

If cost is a barrier to seeking legal help, we encourage you to contact us. We will have an honest conversation about your situation and whether we are able to assist.

Talk to us about your situation

How it works

Who may be eligible

People experiencing financial hardship, family violence, cognitive impairment or social disadvantage who have a genuine legal matter and are unable to obtain assistance elsewhere — including through Legal Aid NSW or a Community Legal Centre.

Practice areas covered

Pro bono and low bono assistance is available across our criminal law, family law, elder law and succession (disputes) practice areas, with priority given to matters involving vulnerable persons.

Important to understand

Pro bono and low bono representation is offered at Probus Legal's discretion, subject to merit, available capacity and conflict checks. It does not constitute a guarantee of free or reduced-cost services in any particular matter. Availability is limited.

A separate professional service

Legal research assistance
for barristers

Separate from our client-facing solicitor practice, Probus Legal offers a dedicated legal research service to barristers at the NSW Bar. This is a professional engagement between practitioners — not a client service — and is provided on a strictly confidential basis.

Case law research

Comprehensive identification and analysis of binding and persuasive authority — including High Court, NSW Court of Appeal, Court of Criminal Appeal and interstate decisions — in support of your brief.

Statutory construction

Analysis of legislative text, explanatory memoranda, second reading speeches and Hansard materials applying accepted principles of statutory construction in NSW and federal jurisdictions.

Written submissions support

Preparation of research memoranda, heads of argument and draft submissions structured to counsel's requirements and appropriate for court filing or hearing.

Urgent turnaround

Research delivered promptly and fully cited to primary sources via AustLII and LexisNexis, with clear formatting appropriate to the demands of litigation practice.

Confidentiality

All engagements are conducted under strict professional confidentiality. Work product is the exclusive intellectual property of instructing counsel and their client. Nothing is retained or reused.

Scope of matters

Criminal, civil, equity, administrative law and appellate matters across NSW and federal jurisdictions, including interlocutory applications, regulatory proceedings and sentencing.

How to engage

Barristers may contact us directly by email to discuss a proposed research brief. We will confirm scope, turnaround and fees before commencement. Each engagement is governed by a brief written agreement.

Barrister research enquiries

info@probuslegal.com.au

This address is monitored closely and is dedicated exclusively to barrister research engagements.

Our network

People we support and work with

We work alongside organisations and practitioners who support our clients — so that when you come to us, you are not navigating the legal system alone. Where your matter involves services beyond legal advice, we can connect you with the right people.

Woodchix

Woodchix provides woodworking and joinery workshops for vulnerable women in NSW — offering practical skills, community and confidence in a supportive environment.

Visit Woodchix →

Autism Step Australia

An award-winning neurodiverse and autism training provider with over 35 years of experience, offering mentoring, education and support for autistic individuals, their carers and organisations.

Visit Autism Step Australia →

Richard Cummins Solicitor

A Sydney solicitor practice with shared values — offering criminal law, family law, elder law and NCAT representation with a commitment to plain-language advice and access to justice.

Visit Richard Cummins Solicitor →

Toongabbie Legal Centre

A community legal centre serving the Toongabbie and Western Sydney region — providing free legal information, advice and assistance to people who cannot afford private legal representation.

Visit Toongabbie Legal Centre →

Get in touch

We are here
to help you.

Whether you are dealing with a legal problem right now, planning ahead, or simply want to understand your rights — reach out. We offer an initial consultation and will give you honest, practical advice about your situation and your options.

Already know what you need? Skip ahead — Client Intake Form →

Practice

Probus Legal Pty Ltd

Address

Level 1, 299 Elizabeth Street
Sydney NSW 2000

Location

New South Wales, Australia

General enquiries

info@probuslegal.com.au

Telephone

0480 439 064

Send us a message

Legal disclaimer: The content of this website is general information only and does not constitute legal advice. Reading this website does not create a solicitor-client relationship. Probus Legal Pty Ltd is regulated under the Legal Profession Uniform Law (NSW) 2014. Our solicitors hold a current NSW practising certificate and observe their obligations under the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015. AML/CTF obligations, including customer due diligence and transaction monitoring, are managed by our retained accounting practice in accordance with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). For legal advice specific to your circumstances, please contact us to arrange a consultation.