Melbourne · Acting for clients across Victoria Mon to Fri, 8am to 6pm contact@spenceralexander.com.au (03) 9001 4400
Frequently asked questions

Questions, answered plainly.

Straight answers on wills and estates, family law and commercial matters in Victoria. For advice on your own situation, the fastest path is always a quick call.

Working with us

Will I actually speak to a lawyer when I call?

Yes. When you call Spencer Alexander you speak directly with a lawyer about your matter, not a message service or an intake team. From that first conversation through to the resolution of your matter, you deal with an experienced principal who knows your file.

How much will it cost, and how do your fees work?

After we understand what you need, we provide a letter of engagement setting out a clear fee estimate before any substantive work begins, so there are no surprises. For many discrete tasks, such as a straightforward will, we can offer a fixed fee. Your first call costs nothing but a few minutes and tells you the likely scope and cost.

Which areas do you service?

We are based in Melbourne and act for individuals, families and businesses throughout Victoria. Much of our work is handled by phone, email and video, so you do not need to be in the CBD to work with us.

How quickly can you act if my matter is urgent?

Immediately, where it matters. Urgent applications such as intervention orders, injunctions, recovery orders and caveats can be prepared and filed at short notice. Tell us the matter is urgent when you call and we will treat it that way.

What should I prepare before my first appointment?

Whatever you have: any documents or letters about the matter, key dates, and your questions. A short written timeline helps more than a thick folder. If you have nothing on paper, that is fine — the first conversation is about understanding your situation.

Is my first conversation confidential?

Yes. Everything you tell us is confidential, whether or not you go on to engage us. That duty applies from the first phone call, so you can speak freely about your situation.

Commercial Law

What does a commercial lawyer do for a small business?

A good commercial lawyer helps you start on solid foundations and stay protected as you grow: choosing the right structure, putting clear contracts and terms of trade in place, handling leases and employment, and documenting the agreements between owners. If a dispute arises, we act to recover what you are owed and protect your position.

We are buying or selling a business. What should we watch for?

The value is in the detail: what exactly is being sold, the warranties and conditions, restraint of trade, the treatment of staff, leases and key contracts, and how the price is paid and secured. Proper due diligence and a well drafted contract are what protect you, and we manage both so the deal holds up.

How do you handle a commercial dispute?

We start by understanding your commercial objective, not just the legal argument, then pursue the most efficient path to it, whether that is a firm letter, negotiation, mediation or court. Because we also draft commercial agreements, our litigation is grounded in how deals really work and how they hold up under pressure.

I have received a statutory demand. What should I do?

Act the same day you receive it. A company served with a statutory demand has 21 days to pay, reach a compromise or apply to set it aside — and the deadline cannot be extended. Miss it and the company is presumed insolvent, with serious consequences. Call us before the clock runs down.

A supplier or landlord wants a personal guarantee. Should I sign?

Not before you understand exactly what it exposes you to. A personal guarantee puts your personal assets — including your home — behind the company's debts, and it often lasts longer than you expect. We review guarantees before you sign and negotiate caps, expiry dates and release conditions where possible.

How do I protect my business name and brand?

Registering a business or company name does not, by itself, give you ownership of the brand. A registered trade mark does. If the name matters to your business, we advise on availability, register the mark, and act if someone trades off your name.

Family Law

How is property divided after separation in Australia?

There is no automatic fifty fifty split. The court considers what each person brought into the relationship, the contributions each made during it, including as a parent and homemaker, and each person's future needs. Most settlements are reached by agreement and formalised as consent orders or a binding financial agreement, without a final hearing.

Do I have to go to court for a family law matter?

Usually not. Most parenting and property matters are resolved through negotiation, mediation or family dispute resolution and then formalised by consent, which is faster, less costly and less stressful than a hearing. We prepare every matter thoroughly so that, if court does become necessary, you are well represented.

What is the difference between consent orders and a binding financial agreement?

Both can make a property arrangement final. Consent orders are approved by a court and carry its authority, while a binding financial agreement is a private contract between the parties, each with their own legal advice. Which is right for you depends on your circumstances, and we will talk you through the options.

How does child support work?

Most child support is set by an administrative assessment through Services Australia, based on both parents' incomes and the care arrangements. Parents who want certainty or different terms can enter a binding child support agreement, which requires independent legal advice. We advise on assessments, agreements and disputes.

Can I move away with the children after separation?

Not unilaterally, if the move would significantly affect the children's time with the other parent. Relocation generally needs the other parent's agreement or a court order, and moving first and asking later can seriously damage your case. Speak to us before making any plans.

What happens to superannuation when we separate?

Superannuation counts as property and can be divided, even though it stays in a fund until retirement. A splitting order or agreement can transfer part of one person's super to the other. It is often one of the largest assets in the pool, so it should never be an afterthought.

Wills & Estates

Do I need a will, and what happens if I die without one in Victoria?

A will is the only way to be certain your assets go where you intend and that someone you trust administers your estate. If you die without a valid will in Victoria, your estate is distributed under a fixed statutory formula that may not reflect your wishes, and the process is usually slower and more stressful for your family. A simple will is quick to put in place and easy to update as life changes.

Is there a time limit to contest a will or make a family provision claim?

Often yes, and the limits are strict. In Victoria a family provision claim under Part IV generally must be commenced within six months of the grant of probate. Because missing a deadline can end a claim entirely, it is important to get advice as early as possible.

What is probate, and do we always need it?

Probate is a court's official recognition that a will is valid and that the executor may deal with the estate. Whether it is required depends on what the estate holds; many banks, share registries and land titles offices will not release assets without it. We can tell you quickly whether a grant is needed and handle the application for you.

Can I change or cancel my will?

Yes, at any time while you have capacity — by making a new will or a formal amendment called a codicil. Never write changes on the original. Marriage generally revokes a will made beforehand, and divorce cancels gifts to a former spouse, so both call for a review.

Who should I choose as my executor?

Someone you trust who is organised, likely to outlive you, and willing to take the role on — commonly a spouse, adult child or close friend, often with a backup named as well. Executors can engage a lawyer to do the heavy lifting, so good judgment matters more than legal knowledge.

How long does it take to administer an estate?

A straightforward estate is commonly finalised within six to twelve months. Probate usually takes a few weeks once filed, then debts are paid and assets collected before distribution. Executors are generally advised not to distribute within six months of probate — the window for family provision claims.

Have a question that is not answered here? Tell us what is happening and we will give you a straight answer. Call (03) 9001 4400 →
No obligation, no jargon

Still not sure? Just ask.

One short call tells you where you stand, what your options are, and what the next step will cost. There is no obligation in finding out.

Call now · (03) 9001 4400