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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42340
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My solicitor has request dec order of names partner whom is

Customer Question

Hi Pearl, my solicitor has request for stat dec for correct order of names for my partner whom is currently overseas. Would NSW Photo card certified by Australian Consular Office suffice in replace of the stat dec
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No.
JA: Please give me a bit more information, so we can help you best.
Customer: My partner's name is***** GAN being the family name. Her Malaysian passport shows Gan Shiau Yei, as per customary practice in Malaysia. We are currently in the process of amending the order of names on our transfer of land title. And the solicitor is asking for stat dec
JA: Is there anything else important you think the Lawyer should know?
Customer: My partner is currently overseas, and because of this request, it has delayed the settlement of our purchased real estate. Need to know if there are other quicker options. My partner does have a NSW photo ID stating the correct order of names as per Australian standards: Shiau Yei Gan (certified copy by Australian Consular Officer in Dubai)
JA: Tell me more about your problem so I can decide what kind of lawyer you need. I'm sorry I'm feeling very dense today, I just don't understand what variety of lawyer you are looking for. Could you please name the kind of lawyer you want to see?
Customer: Conveyancer or Lawyer familiar with real estates settlement
JA: OK. I think out real estate law expert is the one you need to see. Seem reasonable?
Customer: Probably
JA: Great.
Customer: So how does this work?
JA: Shall I connect you to our employment law expert?
Customer: What are the fees involved?
JA: You just pay a $5 deposit now and the rest only when you get a reply from the Real Estate Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.
Customer: Do you have a schedule of the rest of the fees?
JA: Our top Real Estate Lawyer is ready to take your case. Just pay the $5 fully refundable deposit and I'll fill the Real Estate Lawyer in on everything we've discussed. You can go back and forth with the Real Estate Lawyer until you're 100% satisfied. We guarantee it.
Submitted: 7 months ago.
Category: Australia Law
Expert:  Leon replied 7 months ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.

Who is signing the Statutory Declaration and what evidence do you have about the order of her name?

Why is the Solicitor that is acting for you not preparing it?

Is your partner expected to return anytime soon if not where is she at the moment?

Customer: replied 7 months ago.
I have my partner's NSW photo ID card, immigration visa grant notice, relationship certificate, joint utilities bill, all showing the correct order of name, except her Malaysian passport (and this is because of the customary naming practice in Malaysia is different to Australia).I am in a position where my settlement has been delayed substantially because of the incorrect order of name on the transfer of land title. And my solicitor is not very helpful in this matter, so I would like to understand more.My partner is currently in Dubai and won't be returning anytime soon.
Settlement is supposed to happen tomorrow but this is causing further delays
Expert:  Leon replied 7 months ago.

Good Afternoon

It would be best that she sign it but if you have the original documents there is a problem. You may have to be the one to sign it.

So the name on the transfer is the same as all the documents but the Contract has her name in the incorrect order?

If there is a mortgage is it the same as the Transfer?

If there is a mortgagee have they indicated if they will accept a stat dec from you?

Customer: replied 7 months ago.
The mortgage documents has the correct order of name, but the contract of sales is incorrect
The mortgage and transfer is not the same, as the transfer is following the contract of sales.Don't think I am able to make a stat dec on behalf of my partner in regards ***** ***** order of names, am I able to do that?
Expert:  Leon replied 7 months ago.

If you have the original documents then can. But I assume you do not have her passport?

The stat dec is fairly straight forward and the solicitor should be able to draft it and have you sign it.

You would need the passport or any other photo to show the name in malaysia and then they can compare it to the other photo ID and see she is one and the same.

That is all that is required.

Your solicitor should have drafted this when they initially saw the error and were told by the bank.

It is required to have the Contract and the Transfer stamped and avoid double stamp duty

Customer: replied 7 months ago.
I do not have her passport or any certified photo ID originals.
Does this mean she would have to get the stat dec signed in Dubai? What witness is required for this process?The solicitor did not draft any stat dec for us, I had to provide one myself, but that is only for my correct order of name, not for my partner.Is there any other quicker means to rectify this?
Expert:  Leon replied 7 months ago.

Good Afternoon

If you do not have originals and she does she has to sign them in Dubai at the Australian Embassy.

Has he told you what it has to say?

Customer: replied 7 months ago.
No, my solicitor has did not specifically tell me what to say. She was not very helpful at all, and this last minute requests is causing substantial delay.Please advise what the stat dec has to state? And what are the requirements for witness of the stat dec, to ensure that it is recognised in Australia.
Expert:  Leon replied 7 months ago.

It has to say who she is

then refer to the contract and how she is noted on the contract

That the name on the contract is written as per her passport

that she is one and the same as the that person and her name in australia is as per the other documents

Customer: replied 7 months ago.
Any specific requirements for witness of the stat dec, to ensure it is recognised in Australia?
Expert:  Leon replied 7 months ago.

It has to be signed before a justice of the peace

if signed overseas the a notary unless it is signed at the Australian embassy then the staff there have the power to sign.

Your solicitor should be drafting it and sending it to her to sign in Dubai at the embassy and this should have been done before now.

I hope this all makes sense and is of assistance If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

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Customer: replied 7 months ago.
My solicitor has drafted the stat dec (attached). Please help review, I need a second opinion if the wordings are ok, as can't allow the solicitor to muck around again.The solicitor has also asked for certified copies of my partner's Malaysian passport (incorrect order of name) and NSW photo card (correct order of name). Would these certified IDs suffice, or would you recommend more? (My partner is currently overseas and we need everything and anything that is possibly required to be given so that there would not be anymore requests for supporting documents)
Expert:  Leon replied 7 months ago.

Good Evening

That should do the trick.

Only if they are original certifications. If they are copies of the certified documents you cannot use them.

I would be happy with that.

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