In our last update, we looked at some suggestions on how to survive if your family has already suffered a breakdown. For many people whose family is under pressure the Christmas period can be especially challenging, and it is often the case that in January and February our family law team sees an increase in enquiries from people who decided over Christmas tips that it would be better for them if they went their separate ways. Here we look at some suggestions on how to manage if things are not going well.
If domestic violence is an issue, then it may well be that you should act straight away – if you feel that you are in danger of any type, call the Police, and if necessary for your protection, leave. Turn off Find My phone features.
If the situation is not an emergency situation, then some suggestions include:
Don’t drink too much. You may say or do something that you later regret.
Even if you have resolved that it’s not possible to save the relationship, can you wait to say something? If you can, that may make it easier to access services and advice before you take any action.
Make sure you know where your key documents are – your passport, birth certificate, will, bank details, etc.
Make an appointment to speak to a solicitor to gain an understanding of your situation before you do anything that it might be hard to change later.
Remember that how you conduct yourself during this period can set the scene for how things will be managed in the immediate aftermath of separation. Emotions can run high, try and remain considerate and respectful if at all possible.
Family breakdown is hard at any time of year but at Christmas, it’s even tougher. You might get some support from family and friends, but for specialist family law advice, there is no substitute for an experienced family lawyer with the insight to help you navigate your unique situation.
Call the family law team at Aylward Game Solicitors on 1800 217 217for an obligation-free appointment to see where things stand for you.
Christmas can be a stressful time for families, whether you have separated, or your relationship remains on foot but there are some problems between you.
In this article, we look at how to survive if your relationship has already ended, and next time we will look at some suggestions of how to survive if things are not going well.
If you have already separated, here are our top 5 tips to survive the Christmas period.
Put the children’s best interests first. This might mean that you don’t see them as often or for as long as you would like, but try and see the situation from their perspective. The children probably just want to have fun, open their presents and enjoy themselves. They are probably not counting how many minutes or hours they are with each parent.
Make sure that whatever time you do get to spend with the children, that they enjoy it. In all likelihood, the children just want to enjoy their time with you and don’t want to talk about what you think about may have gone before.
If your child or children are going to spend time with more than one family over Christmas, be creative about the arrangements. Especially if you don’t live nearby, would it be easier for your children if they swapped over on Christmas Eve or Boxing Day so that they don’t spend a large part of Christmas Day in the car?
If you have agreed on a time to do a swap over for the children, please don’t be late! This is true on all other days, but especially at Christmas.
If you do need to make changes to the arrangements, give your ex plenty of notice and if you are asking them for a change to the arrangements, see if you can give them something in return – it is Christmas after all.
Family breakdown is difficult during the rest of the year, but at Christmas, it can seem even tougher. The practical and realistic advice of an experienced family lawyer can be invaluable in helping you to get the best outcome. The team at Aylward Game can help make sense of it all. Give them a call on 1800 217 217
Coercive control is a form of domestic violence in which a perpetrator uses behaviours that dominate and control their victim. Some common examples of coercive control are isolating a person from their family and friends, monitoring a person’s time, movements and communication, repeatedly putting someone down and other acts that intimidate or restrict a person.
In Queensland, coercive control is not currently captured in the Criminal Code and therefore the victims of this behaviour are not protected. There has been increasing pressure on the Queensland Government to criminalise this behaviour which has resulted in the Queensland Government now taking steps to do so. This does however raise complex questions of how the laws should be defined and particularly how to enforce any legislation that is contemplated to criminalise coercive control if it is made an offence.
Recommendations have been made to the Government that Queensland take a staged approach to criminalising coercive control. This includes ensuring that first responders are adequately trained to identify the behaviour itself and respond appropriately to the reports of the behaviour. The Attorney General has stated that they will carefully consider the recommendations. It is expected that the Government will provide a response to these recommendations early next year.
Although these proposed changes relate to criminal matters, coercive controls can impact family members during a relationship and after a relationship has ended. Therefore the introduction of legislation whereby coercive control is criminalised will have a significant impact on families and their family law matters.
If you require any assistance in your family law property or parenting matters, or if you need assistance in relation to an application for a domestic violence order, please contact our family law team on 1800 217 217
There was a country, and then there were people. I saw it on the map, I went there, and I stayed. These phrases are probably used and owned by the majority of migrants who made Australia their home. But, what is it that attracts most people to Australia as we speak?
Well, it is the question of fact that every one of us needs to have a decent life, have freedom of expression, love our neighbor and be loved by them, be safe, be prosperous, and the list continues.
Given the possible political, economic and social unrest in the World today, Australia is ahead by far and has a better economy, higher job prospects and more free trade processes than most developed countries.
So, the question is not ifbut whendo you intend to migrate to Australia? This question is gripping most migrant communities who have some knowledge about Immigration Australia.
First, we need to address the lack of adequate information out there as far as knowing how and what to choose as the best pathway to migrate to Australia. We at Aylward Game Solicitors team of immigration lawyers can answer many of your questions, and become your guidepost throughout the journey. Aylward Game Solicitors team of immigration lawyers have a single-line commitment toward keeping you Ahead of the Game.
We are a team of dedicated Brisbane legal professionals, as well as genuine, down-to-earth people with a passion for making a real difference.
Contact us today at Aylward Game Solicitors on 1800 217 217 for a 20 minutes free case consultation.
This visa allows you to come to Australia and marry your intended spouse. You may then apply for a Partner visa.
When you and your future prospective partner/spouse are decided on applying for the Prospective Marriage Visa (subclass 300), there are a few critical points that you best consider before lodging your application.
To begin with, it is one of the golden rules that in any type of visa application you contemplate to lodge, you want to get the application right the first time. This mostly requires diligence and legal advice so you have your way navigated in accordance with the current rules and practices. It is one thing to think that you know something, or you read something, it is another if that something that you just read is still valid, or more importantly, if you have used the right interpretation for what you have just read. Remember, an application that is lodged incomplete, or an application with no valid supporting documents, not only may risk the application get refused but also it can cause a delay in the process of your application.
In addition to the above, any incomplete application that attracts negative outcome from the Department of Home Affairs (DHA) may put the applicant and anyone affected by that application, among other things, into unnecessary financial costs which can be avoided if prudent legal advice is sought prior to lodging your application. The rationale of understanding this is very simple; your immigration lawyers who are about to take on a rejected application will now need to review your previous application before assisting you with the preparation of your new application and supporting documents. So you are paying for two fees now, one; reviewing the previous application to see what DHA’s concerns were, and the other, for preparing a completely new application.
Practically, apart from other requirements, when you are to lodge this application, your prospective future partner or spouse, must be outside Australia, be 18 years old or older, and both have the intention to marry each other within 9 months from the date of grant of the visa. This visa allows the person who has been granted the visa to work in Australia and at his/her own expense study in Australia as well.
PARTNER PROVISIONAL VISA (SUBCLASSES 100 AND 309)
This visa allows the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.
To lodge this application, the qualified candidate would need to apply this in the sequence as provided under the rules. That is to say, the first stage is a temporary visa, and the second one once approved leads to a permanent visa to reside in Australia. The candidate must be outside Australia when he/she applies for this visa
You may ask yourself “why do I need Immigration Lawyers?”
Immigration law is very complex and many applicants require professional assistance in addition to what you may find, read and understand. As the rules keep evolving, it is essential that you seek the right legal advice from experienced immigration Lawyers.
Skilled Independent Visa (Subclass 189) Point-Tested Stream
Business Talent (Permanent) Visa – Subclass 132 Significant Business History Stream
Distinguished Talent Visa – Subclass 124
EMPLOYER NOMINATION SCHEME VISA (SUBCLASS 186)
This visa allows skilled workers who are nominated by an employer to live and work in Australia permanently. If you are granted this visa, you can also sponsor eligible family members to come to Australia, and ultimately if eligible, apply for Australian citizenship.
To begin with, you must have an occupation that is on the list of eligible skilled occupations, have at least 3 years of relevant work experience, and have a positive skills assessment unless you are exempt.
SKILLED INDEPENDENT VISA (SUBCLASS 189) POINT-TESTED STREAM
This visa allows invited workers with skills Australia needs to live and work permanently anywhere in Australia. If you are granted this visa, you can also sponsor eligible family members for permanent residence, and ultimately if eligible, to apply for Australian citizenship.
To begin with, you must have an occupation on the relevant skilled occupation list, have a suitable skills assessment for the occupation, be invited to apply for this visa and finally satisfy the points test.
BUSINESS TALENT (PERMANENT) VISA (SUBCLASS 132) SIGNIFICANT BUSINESS HISTORY STREAM
This visa allows experienced business owners, to operate a new or existing business in Australia.
To begin with, you must have a net value of at least AUD1.5 million (lawfully acquired), an annual business turnover of at least AUD3 million for at least 2 of the 4 years immediately before you are invited to apply.
In addition, you need to demonstrate a total net asset of at least AUD400,000 as the ownership interest in one or more qualifying businesses for at least 2 of the 4 fiscal years immediately before you are invited to apply.
DISTINGUISHED TALENT VISA (SUBCLASS 124)
This visa allows an applicant with an internationally recognised record of exceptional and outstanding achievement to work, study and permanently reside in Australia. The recognised record must be related to a profession, a sport, the arts or academic and research.
You need a nomination by an Australian citizen, Australian permanent resident, eligible New Zealand citizen, or Australian organisation with a national reputation in relation to your area of talent.
BRIDGING VISA BVB (SUBCLASS 020)
This visa allows you to stay lawfully in Australia until your substantive visa application is finally determined. If granted, you can leave and return to Australia within the defined travel period while your request for a substantive visa is being processed. Work is subject to the conditions of your BVB.
This visa is temporary. A separate application for a BVB may be necessary where you have applied for judicial review. You can’t use a bridging permit while you are waiting for the outcome of your citizenship application.
A buyer may need a loan to purchase the house. There are different kinds of loans, like bank loans. But these loans require payment proof or a guarantor. It is not possible for people with a low pay rate. So, when a seller arranges money for the buyer, it is called vendor finance. This money is returned in installments at specific intervals of time. Purchase vendor finance homes is a completely different method. We take a look at what it means and the pros and cons of Vendor finance.
It is advised to take expert advice before asking for vendor finance. As there are some risks in these kinds of loans. So, before signing any agreement, ask the experts. Aylward Game is one of the old vendor finance advising companies. They can assist you in your property purchase.
Risks of Vendor Finance?
You may look for vendor finance if you don’t fit on the merit of a bank loan or any other financial assistance. Vendor finance is often good, but it can be risky. For instance, these options are advertised just to attract a large number of buyers and to secure some quick sales. But it is wise to know some common risks before choosing this option. Vendor finance homes are not easy to purchase.
In the recent era, vendor finance has criticized as a company We Buy Houses was banned by the Federal Court. As its representation was full of lies. These options are made to attract an audience who cannot even think of owning a house. These loans also have the same rules as other loans.
MS Pierce Pointed to the Common Risks or Challenges in Vendor Financing:
There is confusion about who owns the property during the loan agreement. Who will be paying for the utility bills?
These loans are of high amount. This loan is usually double the original amount of the property. So, they cannot recover what they have paid. They cannot even refinance with a bank.
The agreement is too complicated. None of them has equal rights. The vendor enjoys more. The buyer never owns the property, and the vendor is never out of money.
The consumer lacks protection, as well.
MS Pierce also included that the agreements are so complex that the buyer can never understand his benefits. He does not know how much will he have to pay in a long-term contract or what’s the condition of missing a payment. Their dirty tricks also unclear the buyer’s protection like the National Credit Code (NCC). There is no legal protection of buyers in these agreements.
How does Vendor Finance work?
Vendor finance has many forms. Often the seller gives money to the buyer to start the transaction. Consumers can move to the property. To return the payment, monthly instalments are paid to the seller, who is not the rent.
In a Vendor Finance Transaction, we can include the Following Points:
Property price: This price can be different from the actual market price. The buyer pays the first deposit to start living on the property. This deposit is usually a loan from the seller.
Contract: This contract is longer than the normal loans. It has some extra terms and conditions like the penalties if a buyer misses a payment. It is very different from the usual bank loans.
Payment method: In payment, there is an interest rate of at least 2% and may also include insurance and maintenance.
Let’s have a look at a few Points to End this Vendor Contract.
The consumer owns the house after the end of the instalments
The consumer can extend or replace the deal
The consumer can lose hope and leave the property. And all of the investment is lost.
The consumers are left in depression. Consumers cannot afford repayments. They are still not able to ask for a bank loan. The plans of the consumer may not have worked, and now he can’t continue. The vendor will own the property. This is one of the vendor finance old dirty tricks.
Pros And Cons Of Vendor Finance
Are there other Names of Vendor Finance?
The Name of the Vendor Finance varies on the Type of Agreement.
The wrap-around loan also called money mortgage: In this loan, the buyer and the current owner lives under the same roof. The buyer will have to pay the utility bills with some interest, which is profit for the seller. This loan is known as private lending and is very much different from other laws. The loan wraps around only according to the seller’s mortgage. If the buyer is unable to pay, then they may lose their investment, and the vendor can repossess the property.
Deposit finance: There can be a need for vendor finance for a home. This type of loan can get two loans for the buyer. Half of the payment is given by the vendor as a loan. The consumer will go to the bank to get the other half. The drawback is that the user will have to make bulky payments each month, one for the bank and another for the vendor. They can also go for the insurance implications; the penalties will arrive when false information is provided.
Partially vendor financed: This is a bit simple than the others. The first half is paid by the bank loan, and the remaining is paid by vendor loan.
License to occupy: The consumer will pay half or a smaller deposit. The rest payment can be paid via instalments. He also pays the usual taxes and the fees of property purchases. A license will be generated for him to live in the house. As this is not rent, then there will be no tenancy laws. As the loan is private so you cannot involve consumer credit laws.
Off-the -plan instalment plan: It is a risky contract as the buyers don’t have many rights or protection. There will be a non-refundable administrative fee, a deposit fee, and a very long instalment plan, for instance, 25 years.
Work-in-lieu of payment: You can also call it “Sweet equity.” In this finance, the buyer repairs or fixes a portion of the property in replace of deposit or instalment, and the rest of the payment is paid by vendor finance.
Let’s know about Rent-to-Buy:
In this scheme, the buyer and the seller agree that the buyer will rent the house. How much they pay will be considered as the share in the property. But they will not be the official owner of the property until the paperwork is clear.
Here is the Working of this Method:
The broker shows the buyer a high priced property.
The buyer will try to get a rent-to-buy house due to the high cost.
A tenancy agreement is signed.
There is an option for them to purchase the property after three or six years.
A deposit fee is paid.
The buyer will pay the rent and may also pay for the maintenance or utility bills.
The instalments can include both the rent and the loan.
This is a simpler way of purchasing a house.
Where to get Legal Advice?
Are you looking for a vendor finance home in Brisbane, Gold Coast, or Sunshine Coast? Aylward Game is here to help you with that. We are in the business for more than two decades. You can always count on us. We have given legal advice to many people. We help people in purchasing a property. Through legal advice, they are save from the false person. They don’t have to worry about legal issues when we consult them.When Mark Game started Aylward Game, he wanted to help people to get to their properties safely. Our team members arewell aware of property law. We can tackle any kind of issue. So, just contact Aylward Game if you need any assistance regarding the property.
This article aims to analyze the recent decision of the Australian Securities & Investment Commission (ASIC) requiring all company directors in Australia to obtain a new director identification number (director ID).
What Is Director ID?
In short, it is a unique identifier given to a company director who has verified his/her identity with ASIC.
What is the main reason behind the director ID?
It is designed to prevent the use of false or fraudulent director identities/activities. Once the director’s ID gets recorded in a new database to be administered and operated by the Australian Taxation Office, it will further provide additional measures to trace and hold a director accountable for his/her directorship duties.
Who is required to apply and obtain the director ID?
The new requirement applies to all directors and acting directors who are registered in Australia under the Corporations Act 2001 (Cth), as well as registered foreign companies.
How this new requirement differs from the existing ones?
The law aims to prevent illegal activities by the company directors. Prior to introducing this new requirement, some company directors were able to take advantage of the corporate veil principle that would protect each director from personal accountability in the event their company fails to meet its legal and financial obligations. In this scenario and under the old regime, a director who had failed his/her duty in operating a legal, honest, transparent, and sound business, could have transferred the existing assets of the company on the edge of defaulting its obligation to a new company in order to continue trading and leaving the unpaid debt with the old company and if there was any legal action taken by the creditors, the directors would then shield themselves behind the corporate veil. The whole issue of transferring the assets to avoid liability by the old company to a new one is termed as illegal phoenix activity. However, with the new requirement now in place, it would make it very difficult for a company director who may be considering an act of phoenixing, to do so.
Is there a deadline to apply for a director ID?
The short answer is yes. Existing directors have until 30 November 2022 to apply while new directors appointed between 1 November 2021 and 4 April 2022 must apply within 28 days of their appointment. ASIC requires that as of 5 April 2022, intending directors to apply for director identities before being appointed.
Is it an offence not to apply for director ID?
The short answer is yes. Under the Corporations Act 2001 (Cth), failure to have a director ID when required is an offence. A director who applies for the director ID must also ensure that he/she is not applying for multiple director IDs and does not misrepresent when applying for the director ID.
👉👉 For advice or assistance with all corporate and commercial matters and the latest update contact the Corporate and Commercial LawTeam at Aylward Game Solicitors today at 1800 217 217
This visa allows invited workers with skills Australia needs to live and work permanently anywhere in Australia. If you are granted this visa, you can also sponsor eligible family members for permanent residence, and ultimately if eligible, to apply for Australian citizenship.
