Expertise Areas

By Shayne Lopeman, Marketing Manager April 24, 2026
Artificial intelligence is rapidly changing the way people access information, but when it comes to legal advice, it’s important to understand its limits. AI tools can generate fast, confident responses to legal questions, which can make them appear authoritative. However, they do not “understand” the law. Instead, they predict patterns based on existing data. This means they can produce answers which may sound correct, but they could be incomplete, outdated, or entirely wrong. Courts, such as the NSW Supreme Court , expect legal professionals and self-represented litigants to take certain precautions, and at times make certain declarations, with respect to generative AI for documents that come before the court. Both legal professionals and self-represented litigants have been negatively impacted by their use of generative AI in matters before the court. AI doesn’t apply legal reasoning Unlike a qualified lawyer, AI does interpret legislation or apply legal principles to a specific set of facts. It does not weigh competing authorities, assess credibility, or consider how courts have applied the law in practice. Legal advice requires: Understanding current legislation and case law Applying that law to your unique circumstances Exercising professional forensic judgment. AI simply cannot replicate this process. The risk of incorrect or outdated information AI-generated responses may: Misinterpret statutes or legal terminology Rely on outdated laws or cases Overlook key exceptions or nuances. The result is advice that may appear reliable, but could expose you to significant legal risk if acted upon. Privacy and confidentiality concerns When you input information into an AI tool, you may unknowingly disclose sensitive or confidential details. This can include: Personal information Financial details Sensitive communications. Consequences using of AI in legal services It is clear there are many risks of using AI for legal advice or to prepare a dispute that may go before the courts and there are many potential consequences of relying on AI for legal services. It is important that people know when and how using AI could impact their potential legal matter. The bottom line Legal matters are rarely one-size-fits-all. AI cannot properly assess your individual situation or provide advice tailored to your needs. It also carries no professional responsibility or accountability for the outcomes of its responses. There is growing recognition that while AI can assist with general information, it should not replace qualified legal advice. AI can be a helpful starting point for general knowledge, but it is not a substitute for professional legal guidance. If you’re dealing with a legal issue, particularly something as important as family law, property settlements, or contractual matters, seeking advice from an experienced lawyer remains essential. Legal issues deserve careful consideration and trusted expertise. Our experienced lawyers are here to provide clear, tailored advice to protect your interests. If you need guidance, we encourage you to reach out to our team. Get legal advice you can actually rely on. If you need clear, accurate legal guidance, speak with the team at Kells. As a full‑service law firm, we provide practical advice tailored to your circumstances, so you understand exactly where you stand and the best course of action to take. With five offices across the Illawarra and an office in the Sydney CBD, wherever life is taking you, we’re ready to help you get there with confidence.
By Shayne Lopeman, Marketing Manager April 22, 2026
Kells recently took part in the Salvation Army Community Wills Day held at Helensburgh Community Centre, reinforcing the firm’s ongoing commitment to giving back to the communities it serves. As part of the initiative, Estate Planning lawyers Nicki McNamara and Genevieve Van Yzendoorn volunteered their time on the day, working directly with community members to assist with the preparation of Wills and contribute to an initiative focused on practical support and community connection. Community Wills Days, delivered in partnership with The Salvation Army, bring together legal professionals and local organisations to provide accessible estate planning services in a welcoming community setting. Managing Partner Paul Magagnino said initiatives like the Helensburgh Community Wills Day reflect Kells’ broader approach to community involvement. “Giving back is a core part of who we are at Kells. Community events like this allow us to use our skills in a practical way while building meaningful connections with the people and organisations that make our region strong. It was fantastic to see our team involved and to support the important work being done by The Salvation Army.” Kells continues to support communitybased initiatives across the Illawarra and surrounding regions, with a focus on access, connection, and contributing positively to local communities. For more information on Salvation Army Community Wills Days, visit . Kells has grown to become a leading full-service law firm in Sydney and the Illawarra region, working alongside our clients and evolving our services to meet our clients’ changing needs. We have a team of passionate, energetic, and client-focused legal professionals with over 70 staff based across 6 offices in Sydney and throughout the Illawarra. For more information contact Shayne Lopeman Marketing Manager +61 2 4221 9362 slopeman@kells.com.au
By Alice Laurence, Special Counsel April 21, 2026
Long Service Leave (LSL) has long been one of the most misunderstood areas of employment compliance in New South Wales. With evolving work arrangements, varying employment types, and inconsistent interpretations over the years, many businesses have faced uncertainty, and in some cases, costly disputes, around employee entitlements. That’s now changing. The NSW Government has released updated Long Service Leave guidance in March 2026 , providing much-needed clarity on how LSL should be calculated, applied, and managed across a wide range of employment scenarios. For employers, this marks a significant shift, and an important opportunity to ensure compliance. What’s changed? The updated guidance provides clearer direction on several key areas, including: Accurate LSL calculations Improved guidance on how to calculate entitlements, particularly for employees with irregular hours, bonuses, or varying pay structures. Pro-rata entitlements More detailed explanations around when employees may be entitled to pro-rata LSL, especially in cases of resignation, redundancy, or termination. Casual and part-time employees Clarification on how continuous service is assessed for non-full-time employees, an area that has historically caused confusion. Service continuity and breaks Updated interpretation of what constitutes “continuous service,” including how gaps, stand-downs, or changes in employment status are treated. Record-keeping obligations Reinforced expectations for employers to maintain accurate, detailed records to support compliance. Why this matters for employers These updates are not just administrative, they carry real risk if misunderstood or ignored. Incorrect LSL calculations or misinterpretation of entitlements can lead to: Employee disputes and claims Back payments and penalties Reputational damage Increased scrutiny from regulators. With clearer rules now in place, there is less room for ambiguity, meaning businesses are expected to get it right. What you should do next If you employ staff in NSW, now is the time to: Review your current LSL policies and calculations Audit employee records and entitlement tracking Ensure payroll systems align with the updated guidance Seek advice where situations are complex (e.g. long-term casuals, variable hours, or employment breaks). Need help navigating the changes? If you’re unsure how the new guidance affects your business, or you want to review your LSL practices, our highly experienced employment law team can help you navigate the changes and ensure you’re fully compliant. Staying proactive now can help you avoid issues later, and give you confidence that your business is meeting its obligations under the updated LSL framework.  Contact our employment law team today for understand how we can help you navigate this new law.
By Remy Rovere, Lawyer March 26, 2026
Electric bikes, or e-bikes, have exploded in popularity across New South Wales, offering an affordable, eco-friendly and fun way to get around cities like Sydney, Newcastle and Wollongong. But rising use has also brought safety concerns, legal confusion, and a raft of new laws designed to keep riders and pedestrians safe. What is a legal e-bike in NSW? Under NSW law, an e-bike is treated as a bicycle, but with specific technical standards: The motor must be pedal-assisted only, meaning the motor helps only while you pedal. The motor must cut out when the bike reaches 25 km/h. Maximum continuous motor power is being reduced and aligned with national standards to 250 watts . E-bikes that don’t meet these criteria may not be suitable for riding on roads or shared footpaths. Road rules still apply Even if your e-bike is legal to own and ride, you must still follow normal road and path rules, including: Riders must wear an approved helmet . You must obey all applicable NSW road rules , including those about mobile phones, traffic signals, and riding on paths and shared spaces. Legal e-bikes must essentially behave like bicycles, meaning motor assistance must cut out at 25 km/h and you cannot use throttle-only propulsion above walking speed. Age restrictions under consideration Safety concerns , particularly around injuries to younger riders, mean that NSW is examining minimum age limits for e-bike use which includes possibly setting a minimum age (possibly between 12 and 16) for riding e-bikes. The aim is to curb risky behaviour and reduce serious accidents involving children on high-powered or modified e-bikes. Crackdown on illegal e-bikes One of the biggest legal shifts in 2026 is a crackdown on non-compliant and high-powered e-bikes. These crackdown operations are currently being carried out by NSW Police . What happens if you ride an illegal e-bike? Riding a non-compliant e-bike can attract fines. It as anticipated that consequences may expand with new legislative changes and e-bike riders should keep themselves informed of their rights and obligations under the law. As authorities have emphasised, the crackdown isn’t just punitive, it’s about safety and ensuring e-bikes are a sustainable mode of transport, not a source of harm. Looking ahead Due to increasing popularity and uptake of e-bikes in NSW and the associated dangers of e-bike use, it is anticipated that there are still changes to come in regard to the use of e-bikes. As discussed, this may include minimum age requirements or other methods of keeping track of people who own and operate e-bikes. Whether you’re commuting, exercising or just enjoying a ride through your local neighbourhood, understanding these laws helps you stay safe and legal, and make the most of your e-bike experience. If you’re unsure whether your e-bike meets legal requirements, check the manufacturer’s specifications against the NSW government criteria, and consider professional advice on compliance. If you, or somebody you know, have been injured while riding your electric (or non-electric) bike or scooter, and need help or advice navigating rights and entitlements to compensation, please reach out, we are here to help and are only a phone call or online enquiry away. Our experienced personal injury team offers a FREE, no-obligation consultation to assess whether you may be entitled to make a claim. If you decide to proceed, our services are provided on a no win, no fee basis. Contact us today to discuss your options.
By Associate, Brooke Sharp March 22, 2026
Buying or selling property is often one of the largest financial transactions a person will make. While the conveyancing process may appear straightforward, even small mistakes can lead to costly delays, disputes, or unexpected liabilities. Understanding some of the most common conveyancing pitfalls can help buyers and sellers avoid unnecessary stress and ensure a smoother property transaction. What is conveyancing? Conveyancing is the legal process of transferring ownership of property from one party to another. It involves preparing and reviewing contracts, conducting searches, ensuring compliance with legal requirements, and coordinating settlement to finalise the transfer. For many people, the process can seem administrative. However, each transaction carries significant legal and financial risks that need to be carefully managed. Failing to review the contract before signing One of the most common mistakes is entering into a contract without first obtaining legal advice. A contract for sale may contain special conditions that affect the buyer or seller’s rights. These can include clauses relating to conditions that have to be met prior to settlement, defects, additional fees, and restrictions to the use of the property in question. Once contracts have exchanged, parties are generally legally bound to complete the transaction. Having a solicitor or conveyancing review the contract before signing or alternately during a cooling off period, can help you identify the potential risks and allow amendments to be negotiated before you are bound by the terms. Not conducting proper due diligence Buyers should ensure appropriate searches and inspections are carried out before committing to the purchase. Important due diligence steps may include: Pest and building inspections; Title and zoning searches; Reviewing council approvals for structures on the property; and Checking for easements, restrictions or covenants. Failure to investigate these matters can result in unexpected issues after settlement, including development problems, disputes with neighbouring properties and hidden costs. Overlooking settlement adjustments The settlement process involves parties adjusting on financial items such as: Council rates; Water rates; Strata levies; and Land tax (if applicable). If these adjustments are not properly calculated, either party may end up paying more than they should. Experienced solicitors and conveyancers ensure these adjustments are verified and accounted for when exchanging figures prior to settlement. Delays caused by missing documents Property transactions often involve strict deadlines. Missing documents, incomplete disclosure, or delays in obtaining mandatory certificates can slow the process and potentially jeopardise your position putting you at risk of costs and rescission. Working with a solicitor or conveyancer early in the process can help ensure all necessary documentation is prepared and exchanged in accordance with set timeframes. Not seeking legal advice for complex transactions While many property transactions follow a standard process, some situations can involve additional legal complexity. Examples include: Purchasing property through a company or trust; Buying off-the-plan developments; Rural or large land purchases; Subdivisions or development potential; and Transfers between family members. In these cases, legal advice can help ensure the structure of the transaction is appropriate and compliant with the relevant laws. The value of experienced conveyancing advice Property transactions involve significant financial commitments and legal obligations. Even experienced buyers and sellers can encounter unexpected issues if risks are not properly identified. Seeking professional conveyancing advice early in the process can help: Identify and mitigate potential risks found in contracts; Ensure appropriate searches are conducted using the correct platforms; Manage settlement deadlines to remove the stress from you; and Avoid costly mistakes which you may be liable for. With the right guidance, the conveyancing process can proceed smoothly, allowing buyers and sellers to focus on the next stage of their property journey. Contact the number one conveyancing team in the Illawarra today. We are experienced, approachable, and here to ensure your transaction is smooth and stress-free.
By Shayne Lopeman, Marketing Manager March 17, 2026
As the Kiama Nippers season draws to a close this month, Kells Lawyers is proud to continue its longstanding sponsorship of the Kiama Nippers, a cornerstone of the Kiama community. The Kiama Nippers, part of the Kiama Surf Life Saving Club, provide children aged 5–14 with the skills, confidence, and enjoyment of surf lifesaving through a safe, structured, and fun program. Kells Lawyers has been a flag-year sponsor for the past five years, reinforcing the firm’s commitment to investing back into the communities that have supported its growth and prosperity. Michael Hatfield, Partner at Kells’ Kiama office and local resident, commented "Supporting the Kiama Nippers is about more than sponsorship, it’s about giving back to the community that has given us so much. Over the past five years, we’ve seen firsthand the positive impact this program has on children and families across Kiama. Being part of this tradition, and helping nurture young lifesavers, is something we’re proud to contribute to." Through its ongoing support, Kells Lawyers helps the Nippers continue to deliver a program that builds confidence, skills, and a love of the ocean, while strengthening community connections across Kiama. "Investing in grassroots initiatives like the Nippers is part of how we give back to the region," Michael Hatfield added. "Our firm’s success is tied to the health and vibrancy of the community around us, and we’re committed to supporting programs that make a real difference." Kells’ sponsorship underscores the firm’s broader commitment to local sport, youth programs, and community development across the Illawarra and Shoalhaven region. For more information, visit Kiama Surf Life Saving Club Nippers . Kells has grown to become a leading full-service law firm in Sydney and the Illawarra region, working alongside our clients and evolving our services to meet our clients’ changing needs. We have a team of passionate, energetic, and client-focused legal professionals with over 70 staff based across 6 offices in Sydney and throughout the Illawarra. For more information contact Shayne Lopeman Marketing Manager +61 2 4221 9362 slopeman@kells.com.au
By Shayne Lopeman, Marketing Manager March 12, 2026
Community, camaraderie and a dash of cold-water courage will continue this winter thanks to a new sponsorship partnership between Kells Lawyers and the Bellambi Bluebottles Winter Swimming Club. The Bellambi Bluebottles are a long-standing local winter swimming group that gathers regularly during the colder months at the iconic Bellambi Rock Pool, where swimmers take to the ocean pool for friendly competition, social connection and the challenge of winter swimming. Kells Lawyers Partner Patrick Schmidt, a regular attendee of the club’s swims, said the sponsorship reflects the firm’s belief in supporting grassroots community initiatives that bring people together. “Winter swimming is one of those uniquely local traditions that captures the character of the Illawarra, resilience, humour and a strong sense of community,” Mr Schmidt said. “I’ve had the pleasure of joining the Bellambi Bluebottles on many occasions, and what stands out most is the camaraderie. It’s not just about the swim, it’s about the friendships, the shared stories and the simple joy of being part of something local.” The Bellambi Bluebottles Winter Swimming Club is a not-for-profit organisation that meets through autumn and winter at Bellambi’s ocean rock pool, a well-known coastal swimming spot located along the northern beaches of Wollongong. Through the partnership, Kells Lawyers will help support the club’s ongoing activities and its role in maintaining a welcoming, community-focused environment for swimmers and locals alike. Mr Schmidt said supporting community organisations is a natural extension of the firm’s connection to the region. “As a firm that has grown alongside the Illawarra community, we recognise that our success is tied to the strength of the people and organisations around us,” he said. “We believe in reinvesting in the communities that have supported us over many years. Sponsoring the Bluebottles is a small way of giving back to the place that has contributed to our prosperity.” The partnership highlights Kells Lawyers’ continued commitment to local sport, community organisations and grassroots initiatives that strengthen the social fabric of the Illawarra. For the Bellambi Bluebottles, the support ensures the club can continue its long-standing tradition of winter swimming, where the cold water may be bracing, but the community spirit is always warm. For more information, visit The Bellambi Bluebottles . Kells has grown to become a leading full-service law firm in Sydney and the Illawarra region, working alongside our clients and evolving our services to meet our clients’ changing needs. We have a team of passionate, energetic, and client-focused legal professionals with over 70 staff based across 6 offices in Sydney and throughout the Illawarra. For more information contact Shayne Lopeman Marketing Manager +61 2 4221 9362 slopeman@kells.com.au
By Ashleigh Georgopolous, Partner March 11, 2026
As more aspects of our lives move online, digital assets are increasingly forming part of family law disputes. From cryptocurrency and online businesses to social media accounts and digital intellectual property, these assets can hold significant value and may be considered when property is divided following separation. Understanding how digital assets are treated in a property settlement can help parties ensure that all assets are properly identified and fairly distributed. What are digital assets? A digital asset is any asset that exists in digital form that holds a value. In the context of family law, this can include a wide range of items, such as: Cryptocurrency holdings (such as Bitcoin or Ethereum) Online businesses and e-commerce stores Domain names and websites Digital intellectual property, including software, designs or online content Social media accounts that generate revenue Digital advertising accounts or monetised platforms NFTs (non-fungible tokens) Online investment accounts Digital wallets or payment platforms In many cases, these assets may not be immediately visible in traditional financial documents, which can make them harder to identify during a property settlement. Are digital assets included in the asset pool? Under Australian family law, the Court considers the total asset pool of the parties when determining a property settlement. This includes assets held individually by the parties, jointly, or by the parties through companies or trusts. Digital assets are treated the same as other forms of property. If an asset has financial value, it is generally included in the property pool regardless of whether it exists physically or digitally. The importance of full financial disclosure All parties involved in family law proceedings are required to provide full and frank disclosure of their financial circumstances. This includes digital assets. Because some digital assets can be difficult to detect, issues can arise where one party fails to disclose them. For example, cryptocurrency wallets or online trading accounts may not appear on standard bank statements. If undisclosed digital assets are later discovered, the Court has the power to revisit or set aside a property settlement that was reached without consideration of these assets. The growing role of cryptocurrency Cryptocurrency has become one of the most common digital assets appearing in modern day property settlements. Because cryptocurrency transactions can occur outside traditional banking systems, they can be more difficult to trace. However, blockchain analysis and forensic accounting techniques are increasingly used to identify crypto holdings and transaction histories. Protecting digital assets during separation If you are separating and hold digital assets, it is important to take steps to properly disclose them. This may include: Recording all digital assets and accounts you hold Preserving transaction histories Obtaining professional valuations where necessary Seeking legal advice early to ensure proper disclosure Early identification of digital assets can reduce disputes and help ensure a smoother property settlement process. Seeking legal advice The complexity, volatility and sometimes hidden nature of digital assets can create challenges if they are not properly identified and managed. Obtaining legal advice early in the separation process can help ensure that such assets are correctly disclosed, valued and included in the overall asset pool. If you are navigating a property settlement involving digital assets, experienced legal guidance can assist in protecting your interests and achieving a fair outcome. Do you need family law advice? We specialise in all areas of family law and have a team of experienced, caring family lawyers conveniently located throughout the Illawarra region and the Sydney CBD.
By Associate Cassandra Bujaroska March 4, 2026
Separation is rarely simple, particularly when property (including businesses and superannuation) and children are involved. One of the most common questions we are asked is: “Who gets what?” In Australia, property settlements are governed by the Family Law Act 1975 . The process is structured, but outcomes depend heavily on the specific circumstances of each relationship. No each case is the same. Step 1: Identifying the asset pool The first step is identifying and valuing the total asset pool. This includes: Real estate Savings and investments, including cryptocurrency and shares Businesses and trusts Superannuation Vehicles and personal property Liabilities and debts Importantly, the asset pool includes everything owned individually, jointly, or through entities such as companies or discretionary trusts. Step 2: Assessing contributions The court then considers the contributions made by each party, including: Financial contributions (such as income earned by the parties during the relationship, assets brought into the relationship, and the payment of the mortgage, rates and utilities during the relationship and post-separation) Non-financial contributions (such as renovations conducted on any real estate during the relationship and post-separation, care provide to family members, and the completion of housework) Homemaker and parenting contributions Contributions are not assessed in dollar terms. Raising children or supporting a partner’s career are recognised as relevant contributions. Step 3: Future needs The court also considers future factors, which include (but are not limited to): Income earning capacity Age and health Care of children Length of the relationship Adjustments may be made if one either party have a future need. Time limits apply Strict time limits exist: Married couples must apply for property settlement within 12 months of a divorce order being made. De facto couples must apply within 2 years of separation. Missing these deadlines can significantly complicate your position, such it is important to get advice regarding your matter as soon as possible after separation to avoid being “out of time”. Do I need to go to court? Most property settlements are resolved through negotiation (whether through parties themselves or solicitor correspondence) or mediation. Court proceedings are generally a last resort. However, formalising any agreement through Consent Orders or a Binding Financial Agreement is critical to ensure finality and protection from future claims. Early advice makes a difference Every separation is different. Business structures, trusts, inheritances and superannuation can significantly affect outcomes. Obtaining early legal advice helps clarify: The likely asset pool Your contribution position Potential future needs adjustments Strategic options for resolution If you are considering separation or have recently separated, our family law team can provide clear, practical guidance tailored to your circumstances. Do you need family law advice? Kells specialises in all areas of family law and have a team of experienced dedicated family lawyers conveniently located throughout Sydney and the Illawarra.
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